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HomeMy WebLinkAboutSeptember 14 2011 Regular Meeting MinutesI 044 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 14, 2011, at 7:15 P.M., in the Board of Supervisors' Meeting Room, i County Administration Building, 107 North Kent Street, Winchester, Virginia. h PRESENT i j Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. CALL TO ORDER j Chairman Shickle called the meeting to order. INVOCATION C Reverend Ross Halbersma, New Hope Alliance, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. f ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one addition to the agenda. He stated he would like to add the presentation of a resolution of appreciation to Gary W. Dove as item 1 under County Officials. I r Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye i Charles S. DeHaven, Jr. Aye j Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye i CONSENT AGENDA - APPROVED i Administrator Riley offered the following item for the Board's consideration under the consent agenda: i Parks and Recreation Commission Report — Tab E. I j Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board r i j approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 045 Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer 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 Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the August 10, 2011 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the August 30, 2011 Work Session with the Public Works and Public Safety Committees. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION OF APPRECIATION TO GARY W. DOVE Chairman Shickle, on behalf of the Board of Supervisors, presented former Gainesboro District Supervisor Gary W. Dove with a resolution of appreciation in honor of his years of service on the Board and to the citizens of the Gainesboro District and Frederick County. COMMITTEE APPOINTMENTS REAPPOINTMENT OF NANCY L. COMER AS A FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 M reappointed Nancy L. Comer as a Frederick County representative to the Handley Regional Library Board. This is a four year appointment, said term to expire November 30, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye MEMORANDUM RE: AMENDMENT TO BOARD RULES OF PROCEDURE — AMENDMENT APPROVED Administrator Riley advised that staff prepared an amendment to the Board's Rules of Procedure in order to give the Board more flexibility to deal with the postponement of items. The Board's proceedings are currently governed under Robert's Rules of Order, Simplified and Applied. A strict interpretation and application of Robert's Rules regarding motions to postpone allows the Board to only postpone an item until the next regular meeting. While the Board's proceedings shall still be governed by Robert's Rule of Order, Simplified and Applied, the proposed amendment to Section 1 -9 of the Rules of Procedure would allow the Board to postpone items for a duration decided by the Board and in conformance with the Code of Virginia. The full text of the proposed amendment is: Section 1 -9. Robert's Rules of Order; Suspending Rules The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. He concluded by saying if the Board agrees with the proposed amendment, a motion to approve would be appropriate. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the amendment to the Rules of Procedure. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 047 Ross P. Spicer Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - snnunVUn Administrator Riley advised the Commissioner of the Revenue requested approval for the Treasurer to refund the following items: 1) McCarthy Tire Service Company of Virginia in the amount of $5,287.23 for adjustments to a business license filed and paid for 2011 prior the business moving into the City of Winchester. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 2) Solution Service Corp in the amount of $3,915.33 for adjustment to a business license filing that included non - taxable amounts. Supervisor Lofton asked about the discrepancy between the $10,851.32 listed in the memo and the actual refund check amount of $3,915.33. County Attorney Rod Williams responded the taxes are paid quarterly. The third and fourth quarter payments have not been paid a portion of the adjustment will be credited toward those quarters, leaving the balance of $3,915.33 to be refunded. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the above refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 3) D L Peterson Trust in the amount of $6,887.84 for the normal proration of leased commercial vehicles for 2011. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the above refund request. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 • Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 4) Singh Sapandeep in the amount $5,940.62 for the overpayment on two 7 Eleven stores. This is an adjustment to business license filed and paid for 2011. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 23, 2011. Members present were: Charles R. Sandy, Jr., P.W. Hillyard, III, Ronald Madagan, Cheryl Swartz, and Marty Cybulski. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. None Standing Committee Reports 1. Finance Committee — The Finance Committee recommended reducing the gym rental at the community center gymnasiums by $5.00 per hour and establishing a pool admission rate of $3.00 for all admission categories except for under 3 and the last hour. The Committee also recommended all other department fees and charges remain unchanged, second by Mr. Cybulski, carried unanimously (5 -0). 2. Buildings & Grounds Committee — The Building and Grounds Committee recommended to approve the request by Sherando High School to use Sherando Park Fields #5 and #8 for girls softball games and practices, charge a fee for home games from 5:00 to 6:30 p.m., and set up a PA system announcing team lineups and playing the National Anthem, second by Ms. Swartz, carried unanimously (5 -0). FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 17, 2011 at 8:00 a.m. Members Gary Lofton, Stephen Swiger, and Richie Wilkins were absent. Items 1, 2, and 4 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, approved Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 1. The Sheriff requests an FY12 General Fund Supplemental Appropriation in the amount of $1,000. This amount represents two reimbursements from the Army Corp of Engineers. No local funds required. See attached memos, p. 1 -2. — Approved Under Consent Agenda. 2. The Sheriff requests an FY12 General Fund Supplemental Appropriation in the amount of $286.65. This amount represents donations to the DARE program. No local funds required. See attached memos, p. 3 -4. — Approved Under Consent Agenda. 3. The Public Works Director requests the following FY12 Supplemental Appropriations. These amounts represent carry forwards of unspent FYI funds for various projects. See attached memos, p. 5 -9. The committee recommends approval. — Approved. a. General Fund (10) - $18,000 b. Landfill Fund (12) - $380,000 c. Shawneeland Fund (16) - $150,000 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: 4. The Public Safety Communications Director requests an FY12 General Fund Supplemental Appropriation in the amount of $2,000. This amount represents a grant from the Virginia E -911 Wireless Education Program. No local funds required. See attached memo, p. 10 -11. — Approved Under Consent Agenda. 5. The Commonwealth's Attorney requests an FY12 General Fund Budget Transfer from a personnel line item in the amount of $13,0 This amount represents savings from staff turnover and will be used to fund an electronic document imaging system. No local funds required. See attached letter, p. 12 -15. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: _ Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 4. The Public Safety Communications Director requests an FY12 General Fund Supplemental Appropriation in the amount of $2,000. This amount represents a grant from the Virginia E -911 Wireless Education Program. No local funds required. See attached memo, p. 10 -11. — Approved Under Consent Agenda. 5. The Commonwealth's Attorney requests an FY12 General Fund Budget Transfer from a personnel line item in the amount of $13,0 This amount represents savings from staff turnover and will be used to fund an electronic document imaging system. No local funds required. See attached letter, p. 12 -15. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: _ Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Abstain 6. The IT Director requests an FY12 General Fund Supplemental Appropriation in the Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 050 amount of $23,115. This amount represents a carry forward of unspent FYI I funds to be used for the support of a 50Mb Internet service. See attached memo, p. 16. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 7. The County Administrator requests an FY12 General Fund Supplemental Appropriation in the amount of $10,668 for the purchase of 13 Apple I -Pad 2s to be used by the Board of Supervisors for paperless agendas. Local funds required. See attached memo, p. 17. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request. Supervisor Collins noted the county would recognize a savings of $2,400 in copy charges, in addition to reduced labor costs. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Nay 8. The Assistant County Administrator requests an FY12 Lake Holiday Sanitary District Fund Supplementary Appropriation in the amount of $46,056.63. This amount represents a carry forward of remaining FYI I funds for the construction of a temporary access road. See attached memo, p. 18. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 9. The Assistant County Administrator requests an FY12 General Fund Supplemental Appropriation in the amount of $83,000. This amount represents a carry forward of FYI I funds proffered for the Bowman Library for the installation of an overflow parking lot. See attached memo, p. 18. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 051 approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 10. The Assistant County Administrator requests use of proffer funds and an FY12 General Fund Supplemental Appropriation in the amount of $65,905.03 on behalf of the Greenwood Volunteer Fire & Rescue Company for upgrades to the fire station. See attached information, p. 19 -21. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 11. The Assistant County Administrator requests an FY12 Lake Holiday Sanitary District Fund Supplemental Appropriation in the amount of $402,985 for the October 2011 and April 2012 debt service payments. No local funds required. See attached memo, p. 22 -23. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 12. The Finance Committee presents the June 2011 Quarterly Financial Newsletter and requests discussion. See attached, p. 24 -34. The committee recommends expanding the distribution. 13. The Zoning Administrator requests an FY12 Fund 27 Supplemental Appropriation in the amount of $5,653.45. This amount represents a carry forward of unspent bond funds for Whitacre Farms. No local funds required. See attached memo, p.35. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 M Gary A. Lofton Aye Ross P. Spicer Aye ** *Information Only * ** 1. A letter of appreciation from the Youth Development Center is attached. See attached letter, p. 36. 2. The IT Director provides the July 2011 Information Technology Assessment Report for your review. The report will be a discussion item at the next Finance Committee meeting. See attached report, p. 37 -68. 3. The Finance Director provides a Fund 10 Transfer report for FY12. See attached, p. .• 4. The Finance Director provides the FYI I year end Open PO Report. See attached, p. 70 -73. PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, V IRGINIA (THE "COUNTY ") WILL HOLD A PUBL HEAR IN ACCORDANCE WITH SECTION 15.2 -2606 OF THE CODE OF VIRGINIA, 1950, AS AMENDED ON THE ISSUANCE OF TWO SERIES OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS ") OF THE COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,785,000 TO FINANCE (I) A NEW PUPIL TRANSPORTATION FACILITY; AND (II) OTHER CAPITAL SCHOOL IMPROVEMENT PROJECTS FOR PUBLIC SCHOOL PURPOSES. THE BOARD WILL CONSIDER TWO SEPARATE RESOLUTIONS (RESOLUTION #012 -11 AND #013 -11) AUT HORIZING THE ISSUANCE OF THE BONDS AT ITS MEETING ON WEDNESDAY, SEPTEMBER 14 2011. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND PRESENT ORAL OR WRITTEN COMMENTS. - APPROVED Administrator Riley advised this was a request from the school board for consideration of two separate bond issues conducted by the Virginia Public School Authority. The bond proceeds will be used for the construction of the new transportation facility and other capital school improvement projects for public school purposes. The first bond issuance is through the Virginia Public School Authority (VPSA) in the amount of $8,785,000. The second bond issuance is through Qualified School Construction Bonds in the amount of $7,000,000. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the Resolution ( #012 -11) Authorizing the Issuance and Sale of Not to Exceed $8,785,000 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. Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 053 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 $8,785,000 and to issue its general obligation school bonds to finance (i) a new public transportation facility, and (ii) other capital school improvement projects for public school purposes (the "Project "); and WHEREAS, the Board held a public hearing on September 14, 2011 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 "); and WHEREAS, the School Board of the County has requested, by resolution, the Board to authorize the issuance of the Bonds (as hereinafter defined) and has consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $8,785,000 is the amount of proceeds requested (the "Proceeds Requested ") from the Virginia Public School Authority ( "VPSA ") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective 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 relative to, 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; and 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 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 $8,785,000 (the "Bonds ") for the purpose of financing the Project. 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 201 IA" (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 "), 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 five one - hundredths of one percent (0.05 %) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 05 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 26 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 Agent and Bond Re ig strar The following provisions shall. apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to 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 succeeding 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. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2021, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2021 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, 2021 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2021, 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, 2021, 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, 2021 to July 14, 2022 . ...................................... ............................... 101% July 15, 2022 to July 14, 2023 . ...................................... ............................... 100.5 July 15, 2023 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 VPSA or 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, Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 055 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 a Non - 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. 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, VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2 -12, under the Securities Exchange Act of 1934, as amended, and directed, 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: Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the Resolution ( #013 -11) Authorizing the Issuance of a Not to Exceed $7,000,000 General Obligation School Bond, Series 2011, 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 an amount not to exceed $7,000,000 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond ") for the purpose of financing (i) a new pupil transportation facility, and (ii) other capital school improvement projects for public school purposes, which constitutes a capital project for public school purposes (the "Project "); and WHEREAS, the County held a public hearing, duly noticed, on September 14, 2011, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606, Code of Virginia 1950, as amended (the "Virginia Code "); and WHEREAS, the School Board of the County has, by resolution, requested the Board authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond; and WHEREAS, the Virginia Public School Authority ( "VPSA ") has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the fall /winter of 2011 (the "VPSA Bonds "); and WHEREAS, VPSA intends to issue the VPSA Bonds as "qualified school construction bonds" (referred to below as "QSCBs ") within the meaning of Section 54F of the Internal Revenue Code of 1986, as amended (the "Tax Code "), which section was added to the Tax Code by the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111 -5, 123 Stat. 355), enacted on February 17, 2009; and WHEREAS, VPSA intends to elect to treat the VPSA Bonds as "specified tax credit bonds" under Section 6431 of the Tax Code, as amended by the Hiring Incentives to Restore Employment Act (Pub. L. No. 111 -147, 123 Stat. 301), enacted on March 18, 2010, which status enables an issuer of a QSCB to receive a direct payment of a refundable credit in lieu of providing a tax credit to the purchaser or holder of the QSCB; and WHEREAS, the refundable credit payable with respect to each interest payment date will be equal to the lesser of (i) the amount of interest payable under the QSCB on such date or (ii) the amount of interest which would have been payable under the QSCB on such date if such interest were determined at the applicable credit rate determined under Section 54A(b)(3) of the Tax Code (that is, the rate used in computing the amount of tax credit that could be claimed by the QSCB holder absent the "specified tax credit bond" refundable credit election); and WHEREAS, subject to the terms and conditions set forth or referred to below, VPSA will transfer to the County the allocable portion of the refundable credit actually received in cash by VPSA with respect to the VPSA Bonds; and WHEREAS, the allocation of QSCB volume cap pursuant to which VPSA will issue the VPSA Bonds will be made by Executive Order to be issued by the Governor of the Commonwealth of Virginia (the "Executive Order "), to finance the Project along with a number Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 057 of other projects selected through a competitive evaluation process administered by the Virginia Department of Education; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $7,000,000 is the amount of proceeds requested (the "Proceeds Requested ") by the County from the VPSA in connection with the sale of the Local School Bond; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective "), taking consideration of such factors as the purchase price to be received by VPSA from the sale of the VPSA Bonds, the underwriters' discount and the other issuance costs of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i) the County may have to issue the Local School Bond in a principal amount that is less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) because the maximum authorized principal amount of the Local School Bond set forth in paragraph 1 of this Resolution cannot not exceed the Proceeds Requested, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond in a principal amount not to exceed $7,000,000 (the "Local School Bond ") for the purpose of financing the Project and the County's allocable share of (A) VPSA's costs of issuing the VPSA Bonds and (B) any upfront flat fees of VPSA as determined by VPSA to be necessary to compensate VPSA for the on -going costs related to administering the local school bonds purchased with the VPSA Bonds, including the County Local School Bond (such upfront fees may be in lieu of the Annual Administrative Fee described in paragraph 4 in this Resolution). The Board hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Resolution and the Bond Sale Agreement. 2. Sale of the Local School Bond The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum principal amount of the Local School Bond set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may not be sold for a purchase price lower than 90% of the Proceeds Requested. The County Administrator and the Chairman of the Board, or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of the Local School Bond to VPSA (the "Bond Sale Agreement "). The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 3. Details of the Local School Bond The Local School Bond shall be dated the date of its issuance and delivery; shall be designated "General Obligation School Bond, Series 2011 B;" shall bear interest from the date of delivery thereof payable semi - annually on dates specified by VPSA (each, an "Interest Payment Date" at the rates established in accordance with paragraph 4 of this Resolution; and shall mature annually in the years (each a "Principal Payment Date," and together with any Interest Payment Date, a "Payment Date ") and in the amounts (the "Principal Installments ") determined by the County Administrator, subject to the provisions of paragraph 4 of this Resolution. 4. Interest Rate and Principal Installments The County Administrator is hereby authorized and directed to accept the interest :rate on the Local School Bond established by VPSA, provided that each interest rate may be up to five one - hundredths of one percent (0.05 %) over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Bonds, to the extent required by VPSA (the "Annual Administrative Fee "), and. provided further that the true interest cost of the Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 W Local School Bond does not exceed seven and a half percent (7.50 %) per annum. The Payment Dates and the Principal Installments shall be specified by VPSA. The County Administrator is hereby authorized and directed to accept the final Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally- recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Resolution and the final maturity of the Local School Bond shall be no later than the earlier of December 31, 2031 and the latest maturity date permitted under Section 54A of the Tax Code. The execution and delivery of the Local School Bond as described in paragraph 10 hereof shall conclusively evidence the approval and acceptance all of the details of the Local School Bond by the County Administrator as authorized by this Resolution. 5. Certain Acknowledgements The County acknowledges that the interest rate on the Local School Bond will be set at the level necessary to pay the interest on the allocable portion of the VPSA Bonds plus the Annual Administrative Fee, if any, and that the County will be obligated to pay interest on the Local School Bond at the stated taxable rate thereon regardless of the elimination or reduction of the refundable credit to be received by VPSA due to (i) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code, (ii) any failure or determination by Congress not to appropriate funds necessary to pay the refundable credit, (iii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, or (iv) any action or omission by VPSA, the County or any other locality selling local school bonds to VPSA in connection with the VPSA Bonds that causes the VPSA Bonds to lose their status as QSCBs and/or specified tax credit bonds in whole or in part. It is also acknowledged that the County has the right to effect an extraordinary optional redemption of the Local School Bond in whole or in part upon the occurrence of any of these events as provided in the form of Local School Bond. 6. Certain Investment Earnings The Board hereby acknowledges that VPSA will (i) issue the VPSA Bonds with multiple maturities or with a single "bullet" maturity, in either case, with a final maturity date on or shortly before the latest maturity date permitted for the VPSA Bonds under Section 54A of the Tax Code, (ii) invest the Principal Installments for the benefit of the County until they are applied to pay the principal of the VPSA Bonds and (iii) either remit the investment earnings periodically to the County or credit the investment earnings against the County's obligation to make Principal Installments, at the option of VPSA. The Board further acknowledges that VPSA may cause a portion of such earnings to be deposited into a reserve fund or account to be applied by VPSA for use to pay the costs, fees and expenses described in paragraph 15 below. Any balance in such reserve fund or account attributable to investment earnings on the County's Principal Installments as reasonably determined by VPSA will be remitted or credited to the County on the final maturity date of the VPSA Bonds. 7. Form of the Local School Bond The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 8. Payment; Pang Agent and Bond Registrar The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal of and interest and premium, if any, on the Local School Bond shall be made in immediately available funds to, or at the direction of, VPSA at, or before 11:00 a.m. on the applicable 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 succeeding such Payment Date or date fixed for payment, prepayment or redemption. (b) The Bond Registrar and Paying Agent for the Local School Bond shall be the banking institution selected by VPSA for such purposes. 9. Prepayment or Redemption The Principal Installments of the Local School Bond may be subject to optional prepayment or redemption prior to their stated maturities as determined by VPSA. The Principal Installments of the Local School Bond will be subject to extraordinary mandatory redemption (i) if certain proceeds of the Local School Bond have not Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 been spent within three years after the date of its issuance and delivery (which three year period may be extended by the U.S. Secretary of the Treasury or his delegate), (ii) due to a loss of "qualified tax credit bond" and "qualified school construction bond" status of the VPSA Bonds corresponding to the Local School Bond under Sections 54A and 54F of the Tax Code, and (iii) if due to (a) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code or (b) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, there is a reduction or elimination of the direct payment of the refundable credit to be received by VPSA with respect to the VPSA Bonds. The Principal Installments of the Local School Bond shall be redeemed at the redemption prices and upon the other terms set forth in the Local School Bond. 10. Execution of the Local School Bond The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the County thereto. 11. Pledge of Full Faith and Credit For the prompt payment of the principal of and interest and premium, if any, on the Local School Bond 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 Local School Bond 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 interest and premium, if any, on the Local School Bond as such principal and interest and premium, if any, 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. 12. Use of Proceeds Certificate and Tax Compliance Agreement The Chairman of the Board and the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement ") setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary for the VPSA Bonds to qualify as and to remain as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code and the applicable regulations. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in the Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Tax Code so that the VPSA Bonds will not lose their status as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. 13. 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 Director of Finance to participate in the State Non - Arbitrage; Program in connection with the Local School Bond. The County Administrator and the Chairman of the Board and such officer or officers of the County as either 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 Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 14. Continuing Disclosure Agreemen The Chairman of the Board and the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix E 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, under the Securities Exchange Act of 1934, as amended, and directed 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). Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 060 15. Fees, Costs and Expenses The County agrees to pay the following fees, costs and expenses incurred by VPSA in connection with its purchase and carrying of the Local School Bond within thirty days after receipt by the County Administrator of a written bill therefor: (a) The County's allocable share of (i) the fees, costs and expenses of the trustee, paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA'. Bonds and (ii) any fees, costs and expenses payable to third parties in connection with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and (b) To the extent permitted by law, the reasonable fees, costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false representation or certification or covenant default by the County or any County or School Board official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds Agreement and /or any document, certificate or instrument associated therewith (collectively, the "County Documents "), or in connection with any extraordinary mandatory redemption of the Local School Bond as described in paragraph 9 above and the corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes or undertakes at the request of the County under any of the County Documents or any other document related to the VPSA Bonds. 16. 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 of Frederick, Virginia. 17. Election to Proceed under Public Finance Act In accordance with Section 15.2- 2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 18. Further Actions The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and any such action previously taken is hereby ratified and confirmed. 19. Effective Date This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONI #01 -11 OF CARMEUSE NA — CLEARBROOK REZONING, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES AND THOMAS MOORE LAWSON, ESQUIRE, TO REZONE 92 ACRES FROM RA (RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING) DISTRICT, WITH PROFFERS. THE PROPERTIES WITH ADDRESSES OF 508 QUARRY LANE, 3004 MARTINSBURG PIKE AND 3180 MARTINSBURG PIKE, ARE LOCATED BETWEEN THE INTERSECTIONS OF ROUTE 11 WITH BRUCETOWN ROAD (ROUTE672) AND WALTERS MILL LANE (ROUTE 836), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A- 83, 44- A -83A, AND 33 -A -144 (PORTION OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — ACTION POS TPONED UNTIL FIRST MEETING IN JANUARY 2012 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 061 He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Mining) District with proffers. The property is located on Martinsburg Pike just west of the existing quarry. The applicant provided exhibit 2, which showed the location of the proposed berm along Route 11 and the proposed berm along the adjoining residential properties. The Planning Commission recommended approval of this rezoning application at its August 3, 2011 meeting. The Planning Commission recommended the Board of Supervisors work with the Clearbrook Fire and Rescue Company regarding; the future site of their station. Deputy Director Ruddy noted the Planning Commission approved a waiver request to the modified buffer. The waiver enables a 50 foot setback against Route 11 and the adjacent residences rather than the required 100 and 200 foot setbacks. Jim Bottom, Operations Manager for Carmeuse, appeared before board regarding this item. He believed this rezoning request was a logical fit with the land already zoned EM. He went onto say he met with many of the neighbors throughout this process and had established good relationships. He stated this has been a clean and non - controversial request. He advised the proffers reflect what the neighbors, agencies, and planning commission asked for. Mr. Bottom stated the company provided stone, equipment, etc. to repair Walters Mill Lane beyond the state maintained section. He noted they had responded to concerns regarding the railroad crossing. They held three community meetings at the Stonewall Ruritan Building. He went on to say the concerns that were raised were noise, dust, and blasting. He noted the company brought in noise and blasting experts. He explained that the berms have been redesigned and proffers were added to address tree planting and berms. He went on to say the company understands that it provides a large portion of the county's drinking water and he did not understand why the dispute with the Sanitation Authority reached the level it has. He noted this 92 acre was selected because it is where the high quality limestone seam runs and has about 12 to 15 years of resources. They anticipated using this area in the next 7 to 15 years. He explained the relocation of the ball fields was covered in the agreement Frederick County Sanitation Authority. He concluded by reviewing the benefits Carmeuse brings to the community: - 131 high quality industrial jobs; - $7 -10 million annual payroll; and - $18 -20 million spent in Virginia. Mike Osborne, Austin Powder Company Technical Manager for the Southeast Division, Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 rEn stated the quarry was safe and no explosives were stored on site. He explained that the company hauls in the amount of explosives needed for the day. He explained that his company deals with several regulatory agencies and when blasting was conducted within the required guidelines then no structures would be damaged. He concluded by saying all methods they use are safe. Supervisor Spicer asked how often the company blasted. Mr. Bottom responded that when the economy was better they blasted one to two times I I — per week. Scott Harvey, Phoenix Noise and Vibration, reviewed the issue of noise and noise fundamentals. He explained that noise was measured around the 10 residences, Interstate 81, Route 11, and Carmeuse. A computer model was then developed for the future site. He stated that the noise level during construction of the berms would be equivalent to a hairdryer or loud dishwasher. Chairman Shickle asked if the loader noise was the loader engine or the backup beeper. Mr. Harvey responded the maximum noise level was measured during quarry operation. Supervisor Spicer asked how many times per day was material dumped into trucks. Mr. Bottom responded 75 to 100 times per day. Supervisor Collins asked if a specific decibel level was proffered. Mr. Bottom responded they did not plan on putting a noise level in the proffer, as they expected the berm to work. Supervisor Collins asked what would happen if the berm did not work. Mr. Bottom responded the company would work with the sound experts to see what could be done. Supervisor Lofton asked if there was any advantage to making the berm higher. Mr. Harvey responded there was a point of diminishing returns. He noted the berm would not reduce the background noise level. Chairman Shickle asked if the noise level on Route 11 gets louder because it is running into the berm. Mr. Harvey responded no because there is a lot of absorption with the sloped planted berm. Supervisor Fisher noted there would be a limitation in height because of the terrain. Ty Lawson, Attorney for the applicant, addressed the Board regarding this proposed Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 11 Me rezoning. He advised the berm was the best alternative to handle the noise and they were addressed in the waiver approval process. He noted the applicant: - proffered out asphalt and concrete plants as possible uses; - limited commercial access to the existing entrance; - is agreeable to the Planning Commission's request for a future entrance on Route 11, but they have no need for one; - proffered to preserve the Martin House. They put in an adaptive re -use to utilize it as their office; . - put dust controls into the proffers to give the county enforcement authority in addition to the state; - proffered no permanent lighting above the berms; and - agreed to plant trees during the first year following approval. He went on to say this proposal would take vehicle trips off of Route 11 in the future. At the Planning Commission's request the applicant did add the ability to give more right -of -way along Route 11. Mr. Lawson noted the proposed use was consistent with the Comprehensive Plan. The applicant has made provisions for the agreement between Clearbrook Fire Company and the quarry. He presented various letters addressing the proposed rezoning, responding to the schools' concerns, and expressing support for the rezoning and asked that they be made a part of the record. (Copies of the letters are on file in the Office of the County Administrator.) He concluded by asking the Board of Supervisors for approval of this rezoning. Supervisor Lofton asked who would determine what was to be planted on the berm to make sure everyone was comfortable. Mr. Lawson responded the applicant intentionally used the words in the proffer statement because in Middletown the applicant ended up overplanting the berms He went on to say they have held meetings with neighbors and believe they have established a good relationship with them as there were no opposing comments at the Planning Commission hearing. Chairman Shickle convened the public hearing. Allie Santmyers, Back Creek District, asked the Board to vote in favor of the proposed rezoning because of the positive impact the company has on the community. She stated the quarry was important to her family. The company did a lot of work in the community and served as a business partner with Sherando High School. She noted Carmeuse was her step- father's employer and asked that they be allowed to continue operating. Bruce Carpenter, Gainesboro District and sales representative for Albin Tractor, stated Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 064 his company repaired a lot of Caterpillar heavy equipment and they shared a professional relationship with Carmeuse. He went onto say Carmeuse makes land available for farmers to cut hay and they provide substantial tax revenue to the county. He concluded by asking the Board to approve the rezoning. Jeff Jenkins, Pine Knoll Construction, stated he was a sub - contractor for Carmeuse and they have kept eight (8) to 20 of his men busy over the last three years. He concluded by saying he would like to see the Board approve the rezoning. Mark Georgiana, Stonewall District, stated he was an employee since 1988. He noted there were three generations working at the quarry in some places. He asked the Board to approve the rezoning. Mark Regan, Stonewall District, expressed his opposition to this application because it does not improve the quality of life in the county. He was concerned about possible damage to wells and the effects of dust on the air quality. He noted his daughter suffers from asthma although there is no family history. He asked if the schools had received test results concerning the effect of dust on respiratory health. He went on to say the citizens in the area do not want the quarry expansion and he asked the Board to deny this request. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor DeHaven noted he would abstain from voting due to a possible conflict of interest. Supervisor Fisher stated he would like to give the applicant an opportunity to address issues and concerns. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board postponed this item until its first meeting in January 2012. Supervisor Lofton stated he had some questions regarding the application, but felt 30 days was ample time to address his questions. He advised that he could not support putting it off until January 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Gene E. Fisher Aye Gary A. Lofton Nay Ross P. Spicer Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 065 PUBLIC HEARING - DRAFT UPDATE OF THE 2012 -2017 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS. THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY, THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS 'WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORT BOARD FOR CONSIDERATION. — (RESOLUTION #'S 014 -11 AND 015 -I1) - APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this was the annual adoption of the Interstate and Primary Road Improvement Plans. He noted this was typically done at the time the Secondary Road Improvement Plan is adopted. There were not many changes to the county's priorities. The Interstate Road Improvement Plan: - continues to emphasize Exit 310 improvements; - continues to emphasize Exit 307 improvements; and - supports the widening of Interstate 81. The Secondary Road Improvement Plan continues Route 37 as a priority and contains the modifications to Route 277 because partial funding has been received. Supervisor Lofton asked if any money had been identified for the projects. Deputy Director Bishop responded that $30 million had been identified for Exit 310 and $30 million for Route 277 from I -81 to Warrior Drive, but beyond those projects no other funding had been identified. 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 Lofton, the Board adopted the updated Primary and Interstate Road Plans. RESOLUTION #014 -11 PRIMARY ROAD IMPROVEMENT PLAN 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 a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 13, 2011; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 3, 2011; and Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 066 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 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 2011 -2012 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 2011 -2012 Primary Road Improvement Plan appears to be in the best interest of citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2011 -2012 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on September 14, 2011. RESOLUTION #015 -11 INTERSTATE ROAD IMPROVEMENT PLAN 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 a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 13, 2011; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 3, 2011; 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 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 2011 -2012 Interstate 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 2011 -2012 Interstate Road Improvement Plan appears to be in the best interest of citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2011 -2012 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on September 14, 2011. Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 067 The above motion and resolutions were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES, SECTION 165- 204.26 PUBLIC UTILITIES; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT; SECTION 165- 401.05 MINIMUM LOT SIZE; AND CHAPTER 144 SUBDIVISION OF LAND, ARTICLE V DESIGN STANDARDS, SECTION 144 -24 LOT REQUIREMENTS — REVISION TO MINIMUM LOT SIZE AND SETBACK REOUIREMENTS FOR LOTS THAT CONTAIN PUBLIC UTILITIES. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an amendment to allow the Zoning Administrator to authorize the creation of lots smaller than the current zoning district requirements for lots utilized for the sole purpose of public utilities; the amendment allows for the elimination of the on -site sewage disposal requirement and reduces the access easement width requirement. She noted this amendment was applicable to political subdivisions. She concluded by saying the Planning Commission held a public hearing and recommended approval. 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 Collins, the Board approved an ordinance amending the Frederick County Code, Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, 165 - 204.26 Public Utilities; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165- 401.05 Minimum Lot Size; Chapter 144, Subdivision of Land, Article V Design Standards, 144 -24 Land Requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning and Chapter 144, Subdivision of Land to revise the minimum lot size and setback requirements for lots that contain public utilities, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on September 7, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 �•i September 14, 2011; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking, Buffers and Regulations For Specific Uses, Part 204 Additional Regulations For Specific Uses, Section 165- 204.26 Public Utilities; Article IV Agricultural And Residential Districts, Part 401 RA Rural Areas District; Section 165- 401.05 Minimum Lot Size; and Chapter 144 Subdivision Of Land, Article V Design Standards, Section 1 4� for of R a con ain public revised to amend the minimum lot size and setback requ utilities. Chapter 165 Zoning Article II Supplementary Use Regulations, Parking, Buffers, and Regulations For Specific Uses Part 204 — Additional Regulations for Specific Uses .$ 165 -204 26 Public Utilitie A. Public Utiliti Lot requirements for lots used by p olitical sub divisions, municipal co rporations, the Virginia Department of Transportation, the Frederick Winchester Service Autho rity, or the Frederick County Sanitatio Authority for public utility purposes shall be as follows: (1) In all zoning districts, the Zoning Administrator s hall have the authority to determin the minimum lot size necessary for s uch pu blic utilities and the approp setbacks for such lots used for pub utility pu rposes. (2) Such lot shall be exempt from the individual on -sat sewage d isposal system requirements. (3) Such l ots may be accessed by private access easem any such easement shall be a minimum of 15 feet in widt Article IV Agricultural and Residential Districts Part 401 — RA Rural Areas District § 165- 401.05 Minimum lot size. The minimum lot size for permitted uses shall be two acres, unless otherwise specified by 516 5- 204.26. Chapter 144 Subdivision of Land Article V Design Standards § 144 -24. Lot requirements. C. Lot access. Unless otherwise specified in Chapter 1 65 or 144, all lots shall abut have direct access to a public street or right -of -way dedicated for maintenance by Virginia Department of Transportation. This amendment shall be in effect on the day of adoption. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMME Supervisor Lofton stated the board needs to challenge the legislature to come up with money for transportation. He noted we have roads that are heavily travelled and we need to find a way to improve them. We need to have them work hard to come up with funding to improve the secondary roads in the county. Chairman Shickle requested a list of Planning Commission waivers that have been delegated by the Board. He stated the board does not need to be surprised and he would like to have a way to see what has been delegated in the Zoning Ordinance. Planning Director Eric Lawrence stated that planning staff would put that list together. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:05 P.M.) Richard C. Shickle o R. Ril y, Jr. Chairman, Board of Supervisors 10erk, Board of Supervisors Minutes Prepared By: "/te Jay E. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 09/14/11