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HomeMy WebLinkAboutSeptember 14, 2005 Regular Meeting 097 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, September 14, 2005, at 6:00 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 Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chaim1an Shickle called the regular meeting to order. INVOCATION Rabbi Jonathan Brown, Beth El Congregation, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following changes to the agenda: Request to postpone subdivision waiver request of Deborah Dutcher (Tab Q) until the September 28, 2005 meeting; Request to postpone the Carper's Valley Rezoning #11-05 ( Tab M) until thc Octobcr 12, 2005 meeting. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: Proclamation - Constitution Day - Tab D; Memorandum Re: Cancellation of Board Meetings During the 2005 Holiday Season - TabE; Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 098 Parks and Recreation Commission Report - Tab H; Subdivision Request #26-05 of Stonebrook, L. C. - Tab P Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the consent agenda by the following recorded votc: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED The minutes from the August 24,2005 Regular Meeting were presented. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the minutes were approved as presented by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye The minutes from the August 30, 2005 worksession were presented. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the minutes were approved as presented by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. f orrester Lynda J. Tyler Barbara E. Van Osten Aye Abstained Aye Aye Aye Aye Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS FOR SEPTEMBER 2005 - (RESOLUTION #'S 017. 018 AND 019-05) Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 099 Chairman Shickleread the resolution honoring Barbara W. Allegra, Lynsey L. Orndorff, and Barbara S. Whitlock as Employees of the Month for September 2005. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH BARBARA W. ALLEGRA WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9,1992, the Board of Supervisors approved a resolution which established the Employee of thc Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, Barbara W. Allegra, who serves as a Sf. Human Resource Technician in the Human Resources Department was nominated for Employee of the Month; and, WHEREAS, Barbara is deserving of special recognition because of the outstanding effort she has demonstrated throughout the extremely trying and stressful period following the untimely passing of Debra E. Didawick, the County's Director of Human Resources on June 26, 2005. As a result of her dedication and willingness to take on the many tasks at hand, the department has successfully maintained all departmental functions including, the monumental task of processing all year end salary adjustments resulting from Merit and COLA increases, alterations to flexiblc spending accounts, healthcare, and other benefits in the absence of a Department Director. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th day of September, 2005, that Barbara W. Allegra is hereby recognized as the Frederick County Employee ofthe Month for September 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Barbara W. Allegra for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Barbara W. Allegra is hereby entitled to all of the rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH L YNSEY L. ORNDORFF WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, Lynsey L. Orndorff, who serves as a Human Resource Technician I in the Human Resources Department was nominated for Employee of the Month; and, WHEREAS, Lynsey is deserving of special recognition because of the outstanding effort she has demonstrated throughout the extremely trying and stressful period following the untimely passing of Debra E. Didawick, the County's Director of Human Resources on June 26,2005. As a result of her dedication and willingness to take on the many tasks at hand, the department has Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 , 100 successfully maintained all departmental functions including, the monumental task of processing all year end salary adjustments resulting from Merit and COLA increases, alterations to flexible spending accounts, healthcare, and other benefits in the absence of a Department Director. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th day of September, 2005, that Lynsey L. Orndorff is hereby recognized as the Frederick County Employee of the Month for September 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Lynsey L. Orndorff for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Lynsey L. Orndorff is hereby entitled to all of the rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH BARBARA S. WHITLOCK WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, Barbara S. Whitlock, who serves as a Human Resource Technician II in the Human Resources Department was nominated for Employee of the Month; and, WHEREAS, Barbara is deserving of special recognition because of the outstanding effort she has demonstrated throughout the extremely trying and stressful period following the untimely passing of Debra E. Didawick, the County's Director of Human Resources on June 26, 2005. As a result of her dedication and willingness to take on the many tasks at hand, the department has successfully maintained all departmental functions including, the monumental task of processing all year end salary adjustments resulting from Merit and COLA increases, alterations to flexible spending accounts, healthcare, and other benefits in the absence of a Department Director. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14th day of September, 2005, that Barbara S. Whitlock is hereby recognized as the Frederick County Employee ofthe Month for September 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Barbara S. Whitlock for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Barbara S. Whitlock is hereby entitled to all of the rights and privileges associated with this award. Chairman Shickle advised that the Board would honor the third member of the Human Resources Department, Lynsey Orndorff, at its next meeting. COMMITTEE APPOINTMENTS NOMINATION OF BARRY BATEMAN TO SERVE AS A PUBLIC-AT-LARGE MEMBER TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPO - APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 101 Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board nominated Barry Bateman to serve as the public-at-large member ofthe Local Emergency Planning Committee (LEPC). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF DUDLEY C. RINKER AS GAINESBORO DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board reappointed Dudley C. Rinker to serve as Gainesboro District representative to the Industrial Development Authority. This is a four year term, said term to expire November 10,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PROCLAMATION (#002-05) - CONSTITUTION DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, since 1787, the U.S. Constitution has been the preeminent symbol of American nationhood and a practical instrument of free government; and WHEREAS, the foundation of our Republic and its democratic system of government is rooted in the principles of the U.S. Constitution; and WHEREAS, Congress has required that every educational institution receiving federal funds hold an educational program on the United States Constitution on September 17 of each year for the students served by those educational institutions; and WHEREAS, as the Congressional legislation provides that when September 17 falls on a Saturday, Sunday or holiday, Constitution Day shall be held during the preceding week. NOW, THEREFORE, BE IT RESOLVED, that Shenandoah University, the Common Council of the City of Winchester and the Board of Supervisors of the County of Frederick, do hereby proclaim Wednesday, September 14,2005 as Constitution Day and encourage all students and citizens to reflect on the importance ofthe U.S. Constitution to our democracy and to celebrate its approval by the Constitutional Convention on September 17, 1787. Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 102 ADOPTED this 14th day of September, 2005. MEMORANDUM RE: CANCELLA nON OF BOARD MEETING DURING THE 2005 HOLIDAY SEASON - APPROVED UNDER CONSENT AGENDA The Board canceled the November 23,2005 and December 28,2005 meetings due to the Thanksgiving and Christmas holidays. RESOLUTION (#016-05) AUTHORIZING ASSISTANCE TO RECOGNIZED COORDINATED EFFORTS FOR HURRICANE RELIEF - APPROVED Administrator Riley advised that the County has received numerous requests to assist with the continued recovery efforts along the Gulf Coast following the devastation caused by Hurricane Katrina. One of the first requests was a challenge from Brunswick County , VA to match their donation of $25,000 to this effort. After reviewing the requests and consultation with emergency operations officials, staff recommends that the Board authorize the County Administrator to look at the availability of physical assets and support, and deploy said available assets where they are most needed. The appropriate resolution has been prepared for Board action if deemed proper. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the Resolution Authorizing Assistance to Recognized Coordinated Efforts for Hurricane Relief. WHEREAS, on August 29,2005 Hurricane Katrina devastated the Gulf Coasts of Alabama, Mississippi, and Louisiana; and WHEREAS, this disaster resulted in a significant loss of life and property, as well as the displacement of millions of residents within the affected region; and WHEREAS, there exist numerous relief efforts requesting money, supplies, medical and technical expertise, and labor needed in this recovery. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby authorizes the deployment of physical assets, as the County Administrator deems available, to support the recovery effort and assist the victims of that region. BE IT FURTHER RESOLVED, that this Board extends its heartfelt sympathy and support to the citizens and government lcaders of our sister counties and cities that have been so decimated by this storm. BE IT FURTHER RESOLVED, that this Board encourages the citizens of Frederick County to assist those affected by donating money, supplies, labor, or other ways as they might choose. ADOPTED this 14th day of September, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 103 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REOUEST FROM CHIEF BUILDING OFFICIAL FOR SUPPLEMENTAL APPROPRIATIONS FOR FUNDING OF FULL nME POSITIONS - APPROVED Chief Building Official John Trenary appeared before the Board regarding this request for additional personnel. He advised that this request was due to the increased work load within his department. He cited that inspection activity was up 49% over July and August oflast year. This request would provide additional inspectors as well as permitting and telephone staff. Telephonc staff was needed to assist in answering the over 450 calls the department received each day. Vice-Chairman Dove asked if the fees charged by the department were sufficient to cover the costs of what was being requested. Building Official Trenary responded correct. He went on to say that if it becomes an issue at a later time then the department would evaluate the fee structure. Supervisor Ewing asked if these positions would be dropped or laid off in the event the amount of building activity decreased. Building Official Trenary responded that could be done if it was deemed necessary. Chairman Shickle asked how long before the new positions would be in place. Building Official Trenary responded that he would aim for October; however, the phone and software issues might take longer to address. There being no further discussion, Chairman Shickle called for a vote to approve the following positions, support equipment, and supplies: 2 - Inspector II Positions (Range R-17D) $36,252 + 32%(fringes) = $47,852 x 2 = $95,704 1 - Inspector III Position (Range R-19D) $39,968 + 32%(fringes) = $52,757 1 - Telephone Operator/Office Assistant III (Range R-9D) $24,535 + 32%(fringes) = $32,386 1 - Permit Technician II (Range R-16D) $34,520 + 32%(fringes) = $45,567 Purchase Automated Inspection Request System $35,000 Purchase 3 New Vehicles $46,500 Additional Fuel $9,000 Additional Maintenance for Vehicles $1,850 Purchase of Computers/Printers $13,250 Purchase of 3 Cell Phones/Service $3,000 Furniture for Staff and Inspectors $3,000 Misc./Office Supplies/Code Books, etc. $6,750 Six Additional Phones & Expanded Phone System $12,100 Minute Book Number 31 Board of Supervisors Regular Meetiug of 09/14/05 (1 0 4 The Board approved this request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 16,2005. Members present were: Charles Sandy, Robert Hartman, P. W. Hillyard, III, Victoria Keelon, Ronald Madagan, Jeff Butler, Larry Sullivan, Lynda Tyler, Cheryl Swartz. Items Requirinl,: Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Election of Vice Chairman - Mr. Hartman moved to nominate Mr. Charles R. Sandy, Jr. as Vice-Chairman, second by Mr. Madagan, carried unanimously (7-0). Swartz not present for vote. 2. Committee Annointment - The Chairman (Mr. Hillyard) appointed Mrs. Keelon, Mr. Hartman, and himself to serve on the Aquatic Facility Committee. 3. Easement Request - Mr. Sandy moved to approve a 10ft. easement along Warrior Drive for the installation of a 4 inch gas main, second by Mr. Hartman, carried unanimously (7 -0). Swartz not present for vote. Stan dine Committee Reports: 1. Buildinl!: and Grounds Committee - The Building and Grounds Committee recommends the Commission approve the Department's FY 2006-07 Capital Improvements Program, second by Mr. Sandy, carried unanimously (8-0). 2. AQuatic Facility Committee - The Aquatic Facility Committee recommends an 11 acre tract ofland in Sherando Park off Warrior Drive as the future site for the Aquatic Center, second by Mr. Sandy, carried unanimously (8-0). PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Wednesday, September 7, 2005, with the following members present: Gina Forrester, Barbara Van Osten, Verne Collins, Philip Farley, Kris Tierney, and myself. Also present were Commissioner of the Revenue Ellen Murphy and Laura Withers with The Winchester Star. The following rcqucsts wcrc rccommcndcd for approval by the Committee. 1. ReQuest from the Commissioner of the Revenue for One New Clcrical Position for the Real Estate Division - Approved Review request for one additional position of Clcrical hclp for the Rcal Estate Office. Additional funding of $9,000 will be required (see attachment A). Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 105 Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the request and appropriated the money to fund said position. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. Nominations for Employee of the Month for September Were Presented. (See Attachment B). PUBLIC HEARINGS PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK. VIRGINIA. - (RESOLUTION #014-05) - THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA. (THE "COUNTY") WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN THE ESTIMA TED MAXIMUM AMOUNT OF $6.000.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED AT THIS MEETING ON SEPTEMBER 14. 2005. - APPROVED Administrator Riley advised that this was a request to issue $6,000,000 in bonds to fund the construction of the 11 th elementary school. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved Resolution (#014-05) Authorizing the Issuance and Sale of Not to Exceed $6,000,000 General Obligation School Bonds of the County of Frederick, Virginia to be Sold to the Virginia Public School Authority and Providing for the Form and Details Thereof. WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow in an amount not to exceed $6,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on September 14, 2005 on the issuance ofthc bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code''). WHEREAS, the School Board of the County has requested, by resolution, the Board to Miuute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 !106 authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the objective ofthe Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA'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 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 $6,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest ofthe County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman ofthe Board, or either ofthem, and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details 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 2005" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2006, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 ofthis Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request ofVPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount ofthe Bonds and the amounts of principal ofthe Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity ofthe Bonds shall not be later than 20 years from their date. The cxecution 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. Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 107 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Pavment: Paying Agent and Bond Registrar. The following provisions shall apply to the 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 shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepavment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15,2015, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15,2015 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 15,2015 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2015 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, 2015 upon payment ofthe prepayment orredemption 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 15,2015 to July 14,2016, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . July 15,2016 to July 14, 2017, inclusive. . .. . . .. . . . . . . .. .. .. . ............ July 15, 20 I 7 and thereafter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101% 100.5 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution ofthe Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk ofthe Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 '108 to rate or amount and in addition to all other taxes authorized to be leyied 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 ofthe County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use ofProcecds Certificate setting forth the expected use and investment ofthe proceeds of the Bonds and containing such coyenants 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 inyested 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 shaIl 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 purposcs. 11. State Non-Arbitrage Program: Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman ofthe Board, or either ofthem and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds ofthe Bonds by and among the County, the other participants in the sale ofthe VPSA Bonds, the VPSA, the investment manager, and the depository substantiaIly 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 proyisions ofthe Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agcnts 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 ofthe Board, and such other officers, employees and agents ofthe County as either ofthem may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable .in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shaIl take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on Scptember 14,2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was prescnt. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal ofthe Board of Supervisors ofthe County of Frederick, Virginia, this 14th day of September, 2005. Minute Book Number 31 Board of Supervisors Regular Meeting of 09114/05 109 The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Barbara E. Van Osten Aye Aye Aye Aye Aye Absent for the vote Aye PUBLIC HEARING - AMENDMENT TO THE 2005-2006 FISCAL YEAR BUDGET - (RESOLUTION #015-05) 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 2005-2006 BUDGET TO REFLECT: LANDFILL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,390,000. THIS AMOUNT REPRESENTS A CARRY FORWARD FOR CAPITAL PROJECTS: GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,162,467.53. THIS AMOUNT REPRESENTS OUTSTANDING PURCHASE ORDERS AT JUNE 30, 2005.: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $16,175.436.84. THIS AMOUNT REPRESENTS OUTSTANDING PURCHASE ORDERS AT JUNE 30, 2005.: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4,543,779.17. THIS AMOUNT REPRESENTS A CARRY FORWARD OF APPROVED SCHOOL CONSTRUCTION PROJECTS. - APPROVED Administrator Riley advised the staff was present to answer any questions regarding these proposed amendments. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the fiscal year 2005-2006 Budget Amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 14,2005, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2005- 2006 Budget be Amended to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $2,390,000. This Amount Represents a Carry Forward for Capital Projects. General Fund Supplemental Appropriation in the Amount of$I,162,467.53. This Amount Represents Outstanding Purchase Orders at June 30, 2005. School Construction Fund Supplemental Appropriation in the Amount of $16, 175,436.84. This Amount Represents Outstanding Purchase Orders at June 30, 2005. School Construction Fund Supplemental Appropriation in the Amount of $4,543,779.17. This Amount Represents a Carry Forward of Approved School Construction Projects. Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14105 110 ADOPTED, this 14th day of September, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - BOUNDARY LINE ADJUSTMENT BETWEEN THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK. RECEIVE PUBLIC INPUT WITH RESPECT TO THE INTENTION OF THE COUNTY OF FREDERICK TO APPROVE THE PROPOSED AGREEMENT TO RELOCATE THE BOUNDARY LINE BETWEEN THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK PURSUANT TO SECTION 15.2-3106 OF THE CODE OF VIRGINIA, 1950, AS AMENDED. THE PROPOSED AGREEMENT SHALL ESTABLISH A NEW BOUNDARY LINE BETWEEN THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK NORTH OF THE CURRENT MIDDLETOWN CORPORATE BOUNDARY INCORPORATING WITHIN THE TOWN OF MIDDLETOWN 4 PARCELS CONTAINING APPROXIMA TEL Y 67.6 ACRES OF LAND. THE PROPOSED AGREEMENT SHALL ALSO ESTABLISH A NEW BOUNDARY LINE SOUTH OF THE CURRENT MIDDLETOWN CORPORATE BOUNDARY INCORPORATING WITHIN THE TOWN OF MIDDLETOWN 9 ADDITIONAL PARCELS CONTAINING APPROXIMATELY 67.88 ADDITIONAL ACRES OF LAND. - APPROVED Administrator Riley advised that on February 23, 2005 the Board approved a resolution supporting Foresight Middletown. On May 13,2005 the Board held a work session with the Town. On August 10,2005 the resolution approving the Town's request for a boundary line adjustment was approved. He went on to say that tonight the Board would take action on the agreement to relocate the existing boundary line between the Town and the County. The acreage added to the town as a result of this adjustment included 67.6 acres in the northern portion and 67.88 acres in the southern portion. The southern portion of this adjustment has been amended to include the Brockwell and Dailey properties. Administrator Riley concluded by saying that all of the outstanding issues have been addressed. Chairman Shickle convened the public hearing. Evan Wyatt, Greenway Engineering, spoke in favor of this proposed boundary line adjustment and urged the Board to vote in favor of option II. Clay Athey, Attorney, advised that he had been assisting the Town and Dave Holliday throughout this process. He stated that all ofthe property owners affected have requested in writing Minnte Book Nnmber 31 Board of Snpervisors Regular Meeting of 09/14/05 .111 to be included within the town boundaries. The overall acreage requested has been reduced from what was originally proposed when this process began. He concluded by thanking Supervisors Van Osten and Ewing for their work in assisting the Town with the development of a final plan. Bill Dailey, Town of Middletown, advised that his property was currently divided by the Town and County boundary. He thanked Supervisor Van Osten and Mr. Riley for their assistance in getting his property included as part of this boundary line adjustment. He went on to say that in the past he has opposed a boundary line adjustment, but that was due to the lack ofa viable land use plan. He stated that a plan was now in place and if it was adhered to then it would help both the County and the Town. He concluded by urging the Board to support this request. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing the Board approved the Agreement to Relocate the Boundary Line between the Town of Middletown and the County of Frederick to include the Brockwell and Dailey properties, and a total acreage of 67.6 acres to the north and 67.88 acres to the south. THIS AGREEMENT is made and entered into this _ day of ,2005, by and between the TOWN OF MIDDLETOWN, VIRGINIA (hereinafter the "Town"), and the COUNTY OF FREDERICK, VIRGINIA (hereinafter the "County"). WHEREAS, the Town and the County agree that their common boundaries should be changed and relocated so that 13 parcels of land which are currently within the unincorporated area ofthe County; 4 parcels being North ofthe Town and currently identified as Tax Map Parcels 91-A- 102, 91-A-I02(B), 91-A-102(C), and 91-A-116 and 9 being South of the Town and currently identified as Tax Map Parcels 91-A-12, 9l-A-12(A), 9l-A-20, 91-A-20(A), 91-A-21, 91-A-23, 91- A-24, 91-A-25, and 91B-A-53(A) will be included within the boundaries of the Town; and WHEREAS, such a relocation of boundaries will be in the best interests of the people ofthc Town and the County and will further the interest ofthe Commonwealth of Virginia in promoting the orderly growth and continued viability of its local governments; and WHEREAS, the Town and County intend to proceed pursuant to Section 15.2-3106 through 15.2-3108 of the Code of Virginia (1950), as amended, to petition the Circuit Court ofthe County of Frederick to order such a boundary adjustment; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. A new boundary line shall be established between the Town and the County North ofthe current Town boundary incorporating within the Town Tax Map Parcels 91-A-I02, 91- A-I02(B), 91-A-102(C), and 91-A-116 containing approximately 67.6 acres of land which lie generally to the north ofthe existing Town boundary on the East and West side of State Route 11. 2. A new boundary line shall also be established between the Town and the County South of the current Town boundary incorporating in the Town Tax Map Parcels 91-A-12, 91- Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14105 112 A-12(A), 91-A-20, 91-A-20(A), 91-A-21, 91-A-23, 91-A-24, 91-A-25, and 9IB-A-53(A) containing an additional approximately 67.88 acres of/and which lies generally to the South of the existing Town boundary on the East and West side of state Route 11. 3. Following the incorporation of said territory within the Town, the metes and bounds of the new boundary line between the localities shall be as described on Exhibit A attached hereto. The new boundary line is also depicted on a survey plat, attached hereto as Exhibit B, which consists oftwo sheets, Sheet One being captioned "Plat of Middletown Including Middletown Area Acquisition 2005 Adjoining Northern and Southern Portion of Existing Town of Middletown and Frederick County". Sheet Two is a plat of the Territory to be incorporated within the Town and showing Tax Map and Parcel Designations. 4. The Town and the County will proceed forthwith under Section 15.2-3106 through 15.2- 3108 of the Code of Virginia, 1950, as amended, to have their common boundary line changed as herein agreed. 5. Each party agrees to perform any and all requirements of Section 15.2-3106 through 15.2-3108 of the Code of Virginia, 1950, as amended, necessary to accomplish the agreed-upon boundary relocations. The costs of publication shall be borne by the Town. 6. The new boundary line shall become effective at midnight on December 31,2005. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, by their respective Mayor or Chairman and attested by their respective clerks. TOWN OF MIDDLETOWN, VIRGINIA Gene T. Dicks, Mayor ATTEST: Pat Mullins, Town Clerk COUNTY OF FREDERICK, VIRGINIA Richard C. Shickle, Chairman ATTEST: John R. Riley, Jr., Clerk The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 113 PUBLIC HEARING - REZONING #11-05 OF CARPERS VALLEY, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, Pc, TO REZONE 281.5 ACRES FROM RA (RURAL AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT FOR RESIDENTIAL AND COMMERCIAL USES. THE PROPERTIES ARE LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 81 ON THE SOUTH SIDE OF MILLWOOD PIKE (ROUTE 50 E), ACROSS FROM SULPHUR SPRINGS ROAD (ROUTE 655) AND THE RAVENS SUBDIVISION, ON THE NORTH SIDE OF THE AIRPORT, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-82, 64-A- 83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A IN THE SHAWNEE MAGISTERIAL DISTRICT. - POSTPONED AT THE APPLICANT'S REOUEST. PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING: ARTICLE V, RA RURAL AREAS DISTRICT: SECTION 165-50, PERMITTED USES: ARTICLE IV, SUPPLEMENTARY USE REGULATIONS, BY THE ADDITION OF SECTION 165-48.10, GOVERNMENT SERVICES OFFICES: AND ARTICLE XXII, DEFINITIONS, SECTION 165-156. THIS AMENDMENT WOULD PERMIT , ESTABLISH SUPPLEMENTAL DESIGN CRITERIA, AND DEFINE GOVERNMENT SERVICES OFFICES IN THE RURAL AREAS ZONING DISTRICT. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that Staff , in working to accommodate county and other governmental uses, has proposed amendments to the RA (Rural Areas) District to allow government office uses. These amendments would accommodate a public safety building, national guard armory, or other governmental use. The proposed amendments also establish performance standards for these uses to include a traffic impact analysis and location within the Sewer and Water Service Area to name a few. The Planning Commission recommended approval of this proposal. Supervisor Fisher asked if a rezoning would be required for any governmental offices in the RA District that ceased to function as such before another business could occupy them. Director Lawrence responded yes; however, because the properties would be within the Sewer and Water Service Area a rezoning would be appropriate. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved an Ordinance Amending the Frederick County Code, Chapter 165, Zoning, Article V - RA Rural Areas District, Section 50, Article IV, Supplementary Use Regulations, Section 48.1 0, Article xxn, Definitions, Section 156. WHEREAS, an ordinance to amend Article IV, Supplementary Use Regulations, Section Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 , 114 48.10, and Article XXII, Definitions, Section 156, Government Services in the Rural Areas Zoning District and Government Services Definition, will offer enhanced opportunities to accommodate various governmental uses; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 7,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 14,2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Article IV, Supplementary Use Regulations, Section 48.10, and Article XXII, Definitions, Section 156, Government Services in the Rural Areas Zoning District and Government Services Definition, is amended to allow government services use as a permitted use in the RA (Rural Areas) Zoning District, so long as specific performance standards are achieved, to the Frederick County Code. This amendment is amended as described on the attachment. Section 156-50 BE. Government services office (Enables the by-right use in the RA) Section 165-48.10. Government Services Office Government Services Office located in the Rural Areas (RA) Zoning District shall be subject to the following requirements: A. Government Services Office uses shall be located within the Sewer and Water Service Area (SWSA), as identified by the County's Comprehensive Policy Plan. B. A Transportation Impact Analysis (TIA) shall be conducted and the improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities. C. The facility shall be served by public water and sewer. D. The use and site shall adhere to, and implement, Business General (B2) Zoning District design standards. (Establishes performance standards targeted at mitigating impacts on surroundings.) Section 165-156. Definitions and word usage. Government Services Office - Offices or facilities owned, leased, or operated by government agencies for government services. See "School" for school use. (Redefines the expanded governmental use.) This ordinance shall be in effect on the day of adoption. Passed this 14th day of September, 2005 by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14105 115 OTHER PLANNING ITEMS REZONING #09-05 OF FREEDOM MANOR, SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 26.87 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT FOR 70 SINGLE FAMIL Y HOMES. THE PROPERTY FRONTS ON THE EAST SIDE OF PAPERMILL ROAD (ROUTE 644), APPROXIMATELY 2.300 FEET WEST- NORTHWEST OF THE INTERSECTION OF PAPERMILL ROAD (ROUTE 644) AND HAS ACCESS TO FRONT ROYAL PIKE (ROUTE 522), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 64-A-23 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. Hc stated that the Board previously voted to postpone this request in order to give the applicant time to address a proffer commitment that limits the amount oftraffic on Westwood Drive. The applicant has worked to provide a restrictive covenant that addresses this issue. The covenant was provided to the County this afternoon. Deputy Director Ruddy read the covenant language: "At such time the Frederick County Board of Supervisors approves the Freedom Manor Proffer Statement and Generalized Development Plan to allow for an inter parcel connection that will provide access to the Property: (1) there shall be no entrancesfrom or across the Propertyfrom Route 822 (Westwood Drive) and (2) there shall be no access across the Property to Route 822for the benefit of any other property and no other property shall have access across the Property to Route 822." Evan Wyatt, Greenway Engineering, stated that the Board and applicant reviewed thc transportation issues associated with this application and stated that concerns were raised over Westwood Drive access. He stated that these concerns have been addressed in the proffer statement as well as in the restrictive covenant. Mr. Wyatt advised that the road improvements would be open before the building permits were issued and the north cul-de-sac touches the adjacent property. The proffer language prohibits traffic from the 70 lots accessing Westwood Drive and also prohibits the adjacent property from using Westwood Drive as an access. Supervisor Tyler asked ifthere was a way this issuc could be addressed outside of a deed covenant. Mr. Wyatt responded that Attorney Bob Mitchell felt more comfortable addressing this with a deed covenant, especially one with the County's signature. Supervisor Tyler asked Attorney Ambrogi what kind of position the County would be in Minute Book Number 31 Board of Supervisors Regular Meeting of 09/l4105 ;116 when it came to enforcing this type of covenant. Attorney Ambrogi responded that the issue was addressed in the proffer statement; therefore, it would not be a problem to enforce. He went on to say that he did not believe it was good practice for the County to sign off on deed covenants. Chairman Shickle asked about ownership of the proposed buffer. Deputy Director Ruddy responded that the homeowners' association would own the buffer. Chairman Shickle asked ifthere were any County requirements that governed thc distance between entrances. Deputy Director Ruddy responded yes, commercial entrances are to be spaced between 150- 200 feet and the subdivision ordinance requires 800 feet of separation between new roads. He went on to say that approval of this application would endorse the proposed connection to Route 522, which is less than 800 feet from the closest entrance. Chairman Shickle expressed concern over this connection in light ofthe existing commercial entrance and the spacing requirements that the adjacent property owner had to meet in order to install that his commercial entrance. Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board approved Rezoning #09-05, Freedom Manor. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda 1. Tyler Nay Barbara E. Van Osten Aye SUBDIVISION REOUEST #26-05 OF STONEBROOK, L.C. - APPROVED UNDER CONSENT AGENDA This was a request to subdivide 11.7422 acres to create one single-family detached rural traditional lot of 100,000 square feet. The property is located on Jones Road (Route 621) in the Back Creek Magisterial District. SUBDIVISIONW AIVER REOUEST OF DEBORAH DUTCHER - POSTPONED AT THE APPLICANT'S REQUEST BOARD LIAISON REPORTS Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 117 There were no board liaison reports. CITIZEN COMMENTS Barbara Midkiff, Shawnee District, stated that her property adjoined the Freedom Manor property. She advised that the traffic in that area was still horrible, no one had addressed thc drainage problems in the area, nor had the buffer between her backyard and the development been discussed. Robert Vann, Shawnee District, expressed concern about the potential drainage issues that could arise from the Freedom Manor development. He stated that he was not opposed to this project, but was concerned about possible drainage problems. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler advised the she handed out information to thc board members regarding the Huntsberry property. She stated that the Shenandoah Valley Battlefields Foundation was interested in purchasing the property in an effort to preserve it. She explained that there was an opportunity for the Foundation to apply for a grant that would help them raise funds to purchase this property. She asked thc Board to authorize a letter of support for this application to bc sent to the Foundation for inclusion in their grant submission packet. Chairman Shickle asked if the property owners had been made aware of this application. Supervisor Tyler responded, but what she was requesting was harmless. Chairman Shickle stated that the Board, in the past, had acted upon items that were on the surface innocuous only to be surprised later. Supervisor Tyler stated that the Huntsberry heirs have been in negotiations with the Battlefields Foundation. This grant would give the Foundation an opportunity to augment their funds in ordcr to get up to the heirs' price. She concluded by saying that she did not see any harm in this request. Vice-Chairman Dove stated that he had a problem approving this without the owners' knowledge. He went on to say that this could have been brought to the Board sooner. Supervisor Tyler stated that this property was the core of all of Third Winchester. Supervisor Van Osten asked, if the letter was approved, to what extent would the Huntsberry's be held accountable for the grant requirements. Minute Book Number 31 Board of Supervisors Regular Meetiug of 09/14/05 .118 Supervisor Ewing stated that he needed more information before making a decision. Supervisor Tyler stated that she was asking for a letter of support to preserve a piece of property that "we" know is a significant property to save. Chairman Shiekle asked what was the harm in wanting to know how the landowners feel about this issue. Supervisor Forrester asked for clarification that this was an opportunity for the Battlefields Foundation to get grant money which would allow them to approach the Huntsberry's with an offer. Supervisor Tylerresponded yes, this would give the Foundation additional money. She went on to say that the signal the Board is sending by not approving this letter is they are not willing to support the preservation ofland. Chairman Shickle stated that was not so. He went on to say that he and other board members were supporting a landowner's right to know about issues that affect their property. Supervisor Fisher asked how long the grant has been available. John Hutchison, Shenandoah Valley Battlefields Foundation, responded that the grant became available about two months ago and he apologized for bringing it forward so late. He stated that this grant would enable the Foundation to make a better offer on the property. He went on to say that ifthe Board was not comfortable making a decision tonight it would be fine to send a letter after the application has been submitted. Supervisor Tyler stated that this was a harmless request and it was not a surprise, but ifit would give the Board comfort... Chairman Shickle asked Mr. Hutchison if the property owners were aware of this grant. Mr. Hutchison responded that they were not aware, but he did not think it would come as a surprise to them if they read about it in tomorrow's newspaper. Supervisor Tyler made a motion to authorize staff to draft a letter of support for the Shenandoah Valley Battlefields Foundation grant application. The motion died for the lack of a second. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board directed staff to contact the property owner regarding this request and that they contact the Board either in writing or in person at the next meeting to make their position known. Minute Book Number 31 Board of Supervisors Regular Meeting of 09114/05 .119 Administrator Riley advised that he would contact the property owner, but he would need additional information regarding the application. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Supervisor Van Osten asked staff and Mr. Wyatt to meet with the adj acent property owners who spoke this evening regarding Freedom Manor in order to address their questions and concerns. She wcnt on to say that she was interested in ajoint meeting with the Board of Supervisors and the School Board, as a dialogue between the two bodies would be of benefit. Supervisor Tyler stated that the Public Works Committee would be mceting with the School's Buildings & Grounds Committee on October 21st. Chairman Shicklc stated board members could attend that meeting. Supervisor Van Osten stated that she would attend the meeting on October 21 st, if invited, but she would like to see a meeting between the two bodies. Chairman Shickle polled the Board as to their preference: All of the board members preferred ajoint meeting betweell~he two boards. Chairman Shickle directed Administrator Riley to schedule a joint mccting with the School Board. Administrator Riley stated that the Public Works Committee meeting on October 21 st could be changed to a full joint meeting between the two bodies. Chairman Shickle apologized to the public for the early start ofthe meeting. He stated that the Board felt they had a heavy agenda for the evening; however, a number of those items got postponed at the last minute, which resulted in the early adjournment. Assistant County Administrator Kris Tierney informed the Board that they were invited to be guests at the Civil War Courthouse Museum fund raising dinner. There would be no cost to the Board. Chairman Shickle stated that these events often put the Board in a tough spot and he asked Minute Book Number 31 Board of Supervisors Regular Meeting of 09/14/05 120 Administrator Riley and Assistant Administrator Tierney to meet and discuss how this should be handled. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:20 P.M.) v~o Q~o O~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: Minute Book Number 31 Board of Supervisors Regular Meeting of 09114/05