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HomeMy WebLinkAboutSeptember 28, 2005 Regular Meeting 121 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 28, 2005, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Joseph Roby, People's Country Church, 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. advised the Board that staff had received a request from the applicant to postponc Master Development Plan #07-05 Stephenson Village until the October 12,2005 meeting. He offered that request as an amendment to the agenda. Upon a motion by Supervisor Forrester, 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 Re: Designate Week of October 2-8, 2005 as National4-H Week - Tab C; Subdivision #25-05 of Stuart and Laurie Putnam - Tab 1. Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Board approved Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 122 the consent agenda 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 1. Tyler Aye Barbara E. Van Osten Aye CITIZENS COMMENTS Stannish P. Kugler, Stonewall District, appeared before the Board regarding the Stephenson Village Master Development Plan. He expressed his opposition to the proposed Rt. 37 re-alignment shown on the plan as it would affect him and his neighbors. He asked the Board to "stick up" for the property owners impacted by this proposed road relocation. Doug Cochran, Stonewall District, appeared before the Board regarding the Stephenson Village Master Development Plan. He stated that he was not in favor of the extension of Route 37 and was concerned. He felt Route 37 should be planned through an area proposed for development, but not through existing development. He concluded by saying that the Board owed it to the current residents to take care of them before taking care of future residents. Michael Sheppard, Shawnee District, appeared before the Board regarding the Russell 150 rezoning. He asked for the Board's support for this project. He believed the proposed mixed use development was good for the County. He expressed concerns about the County's buffer requirements and the inability to tap into sewer service. He concluded by again asking for the Board's support as this project would bring a positive revenue source to the County. Bob Boden, Stonewall District, spoke regarding the Stephenson Village Master Development Plan. He stated that a majority of the people present this evening were concerned about this project. He urged the Board to keep Route 37 option "C" a viable option during the necessary study period. He concluded by saying that a study would adversely impact the property values in the area. Gary Oates, Stonewall District, spoke regarding the Stephenson Village Master Development Plan. He expressed his opposition to this plan and any plan that did not include option "C". He went on to say that the citizens in the area were in the process of creating an agricultural district in an etIort to preserve their property. Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 .123 Trudi Dixon, Stonewall District, spoke regarding the Stephenson Village Master Development Plan. She expressed her opposition to the proposed plan and felt the applicant should be held to the same standard as other developers in the County who had to provide a right-of-way for Route 37. She went on to say that any proposal to vary from the approved Route 37 alignment would put existing houses in jeopardy. She concluded by urging the Board to reject any proposal that does not include option "C". Heather Richards, City of Winchester and member of the Potomac Conservancy, spoke regarding Stephenson Village. She expressed concern about the proposed option "c" alignment for Route 37. She cited the Board's endorsement ofa conservation easement on the McCann Farm and stated that option "c" would jeopardize this easement. She urged the Board to keep their word and preserve the McCann easement because if option "c" is approved then the Board's resolution would mean nothing. She concluded by encouraging the Board to look beyond option "C". BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED The minutes from the September 14,2005 Regular Meeting were presented. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved the minutes as presented. 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 COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF GEORGE H. LUDWIG AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD. - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the reappointment of George H. Ludwig as Frederick County Representative to the Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 ! 124 ! , Handley Regional Library Board. This is a four year appointment, said term to expire November 30, 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 PROCLAMA TION (#003-05) RE: DESIGNATE WEEK OF OCTOBER 2-8. 2005 AS NATIONAL 4-H WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, 4-H members throughout the United States will be celebrating NATIONAL 4-H WEEK from October 2 through October 8, 2005; and WHEREAS, many youth in Frederick County receive benefits from the local4-H program by participating in school programs, community clubs, camps, fairs, workshops, and special events; and WHEREAS, the 4-H program also provides an opportunity for adults to serve as volunteer leaders, interacting and working with other leaders, Extension Staff, and youth, to help 4- H members learn leadership, citizenship, and life skills. NOW, THEREFORE, BE IT PROCLAIMED by the Frederick County Board of Supervisors that in honor of the many achievements of the 4-H'ers in Frederick County, the week of October 2 through October 8,2005, is hereby officially designated as NATIONAL 4-H WEEK IN FREDERICK COUNTY. ADOPTED this 28th day of September, 2005. This item was approved under the consent agenda. MEMORANDUM RE: JOINT MEETING WITH THE SCHOOL BOARD - MEETING TO BE HELD OCTOBER 18. 2005 Administrator Riley advised that at the September 14,2005 Board of Supervisors' Meeting, staff was tasked with finalizing details of a joint meeting between the Board and the School Board to be held on Friday, October 21,2005. In discussions with the School's staff, the School Board offered to meet with thc Board on Tuesday, October 18, 2005 at 6:00 P.M. at the School's Administrative Offices, prior to the School Board's regularly scheduled meeting. The School staff felt it would be more beneficial to meet at this location and time as all of the information that they might need to provide would be easily accessible. He concluded by requesting action on this alternate meeting date. The Board consensus was to meet with the School Board prior to their regular meeting at Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 125 P.M. on October 18, 2005. RESOLUTION (#020-05) RE: TRANSFERRING ADELPHIA CABLE FRANCHISE TO COMCAST - APPROVED Administrator Riley advised that this was a resolution approving the transfer of ownership from Adelphia to Comcast Corporation and Time Warner Cable, Inc. Staff conducted a public meeting on August 18th to receive public input regarding the proposed transfer. He concluded by stating the Mr. Douglas Harold, attorney, was present to answer any questions the Board might have regarding this transfer request. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Resolution: Consent to Assignment and Change of Control. WHEREAS, a cable television franchise has been granted by the County of Frederick, Virginia ("Franchise Authority") to an entity ("Franchisee") that is an indirect subsidiary of Adelphia Communications Corporation ("Adelphia"); and WHEREAS, Adelphia is currently in Chapter II bankruptcy proceedings; and WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005, between Adelphia and Time Warner NY Cable LLC ("TWNY"), the right to purchase the Franchisee cable system will be assigned by TWNY to a wholly owned subsidiary ofTWNY, cable Holdco Exchange V LLC which will purchase the cable system and franchise (the "Adelphia Transaction"); and WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005, between Time Warner Cable, Inc. and Comcast Corporation ("Comcast"), 100% of the equity securities in the Comcast subsidiary C-Native Exchange III, L.P. will be exchanged for 100 percent of the equity securities of Cable Holdco Exchange V LLC whereby that entity will become a 100 percent indirect subsidiary of Com cast (the "Exchange Transaction"); and WHEREAS, Franchise Authority has concluded its approval is necessary for thc above describcd Adelphia Transaction and Exchange Transaction and has been provided an FCC Form 394 and related information for such Transaction; and WHEREAS, in their response to questions #2, Part II - TRANSFEREE/ASSIGNEE, of FCC 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE Time Warner Cable, Inc. states that: "Transferee has no plans to change the current terms and conditions of service or operations of the system. The cable system will be operated pursuant to the terms of the current fi"anchisee agreement and applicable laws after the consummation of the proposed transaction. Transferee reserves the right to make service and operational changes in accordance with the terms of the current franchisee agreement and applicable laws. "; and WHEREAS, the Franchise Authority held a public meeting on August 18, 2005, to inform residents ofthis Franchise Exchange Transaction and to receive comments on same; and WHEREAS, the Franchise Authority is willing to consent to the Adelphia Transaction and the Exchange Transaction described above. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 126 SECTION 1. The foregoing recitals are approved and incorporated herein by reference. SECTION 2. The Franchise Authority consents to the Adelphia Transaction describe herein. SECTION 3. The Franchise Authority consents to the Exchange Transaction described herein subject to the proposed Assignee's compliance with the notification requirements set forth in Section 61-11 ofthe Frederick County, Virginia, Cable Television Franchise Ordinance. SECTION 4. This Resolution shall be deemed effective upon adoption. SECTION 5. This Resolution shall have the force of a continuing agreement with the Franchisee and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee. ADOPTED this 28th 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 J. Tyler Aye Barbara E. Van Osten Aye COUNTY TREASURER TO PRESENT ANNUAL REPORT 2005 - WRITE-OFFS FOR DELINQUENT LANDFILL ACCOUNTS APPROVED Frederick County Treasurer C. William Orndoff, Jr. appeared before the Board to present his annual report. He reviewed a list of delinquent landfill accounts and requested Board approval to write off these accounts with the exception ofthe Dellinger Motor account in the amount of$l. 03. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the list of write-offs for delinquent landfill accounts: Moore Scale Co. Hottle & Myers, Inc. Hampton Enterprises Howard Johnson Eastern Supply Residential Comfort Valley Copper & Fiber DST Mobile Home Transport Maust Enterprises Harrison, W. G. Carrier's Homework C & S Home Improvement Caballero, Julian Stotler, Kenny Hottinger, Kenneth Evergreen Health Rehab Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28105 $ 1.92 $ 2.10 $ 0.59 $ 0.02 $ 0.79 $ 1.50 $ 6.07 $ 0.08 $ 55.04 $ 1.22 $ .40 $ 1.28 $ 0.02 $ 33.28 $372.00 $ 0.51 $ 0.54 .127 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 Treasurer Orndoff discussed the success of the on-line tax payment program implemented last year and stated that he would be looking at alternatives to the current county decal that must be purchased annually. He concluded by reviewing proposed changes to the Personal Property Tax Relief Act which would provide the County with a share of funding in the amount of$12 million. COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board of Supervisors , Meeting Room at 107 North Kent Street on Wednesday, September 21, 2005 at 8:00 a.m. Committee member Gary Lofton was absent. ***Items Requiring Action*** 1. The County Administrator requests a General Fund supplemental appropriation in the amount of $50.000. This amount represents a carry forward for professional services related to the PPEA proposal for the new public safety building. See attached memo, p. 1. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 2. The County Administration requests a General Fund supplemental appropriation in the amount of $6.000. This amount represents half of the design costs for an area travel guide to be published by the Winchester-Frederick County Convention and Visitors Bureau. The Joint Finance Committee agreed to pay for design costs only related to the travel guide. Additional local funds are necessary. See attached memo, p. 2-5. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 :128 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. The Sheriffrequests a General Fund supplemental appropriation in the amount of$1.8l3. This amount represents donations to DARE and proceeds from the Bowl-athon Fundraiser and is requested to be appropriated to the DARE line item. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrestcr Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Office of the Magistrate requests approval of two new cellular phones. These phoncs are needed to replace pages that do not work properly. See attached memo, p. 7. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supcrvisor Forrester, the Board approved the above 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 5. The Superintendent of the Regional Jail requests a Regional Jail Authority Fund supplemental appropriation in the amount of$230.614. This amount reprcsents the addition of eight correctional officers to staff the cmergency building that is now under construction. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 6. The Airport Director requests an Airport Capital Fund supplemental appropriation in the Minnte Book Number 31 Board of Supervisors Regular Meeting of 09/28105 129 amount of $956.234.65. This amount represents carry forwards for unfinished capital projects. A General Fund supplemental appropriation in the amount of $20.825.31 is also requested for the county's portion of these capital projects. See attached memo, p. 9. The committee recommends approval for public hearing. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 7. The Director of Fire and Rescue requests a General Fund supplemental appropriation in the amount of $377.534. This amount is needed to hire nine new positions for the department. Additional local funds will most likely be required. See attached memo, p. 10. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 8. Lord Fairfax Community College requests a General Fund supplemental appropriation in the amount of $416.040. This amount represents what is requested from Frederick County for construction of a Community Workforce Center. The amount requested may be allocated over two fiscal years. Additional local funds are necessary. See attached, p. 11-14. The committee recommends approval and that the requested funds be placed in a trust fund for the construction project. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 Ostcn Aye 9. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of$39.613. This amount represents obligated funds at year-end. See attached memo, p. 15-45. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Miuute Book Nnmber 31 Board of Supervisors Regular Meeting of 09/28/05 .130 the above 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 1. Tyler Aye Barbara E. Van Osten Aye 10. The School Finance Director requests a School Capital Fund supplemental appropriation in the amount of $962.761. This amount represents $102,324 in year-end balance for the School Capital Fund and $860,437 in year-end balance for the School Operating Fund. See attached memo, p. 15-45. The committee recommends approval for public hearing. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 11. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $608.196. This amount represents additional state dollars for increased student membership. See attached memo, p. 15-45. The committee recommends approval by category. - Approved for Public Hearing Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request for public hearing 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 12. The county is expected to receive a refunding on school bonds in the amount of $864,345.69. The bond proceeds can only be used for school purchases in thc same manner as the original issue. It is recommended that these funds reduce future borrowing requirements on the 11 tll elementary school. Attached is the resolution that will be forwarded to the Board of Supervisors for approval. See attached pages, 46-63. The committee recommends approval of the resolution. - (Resolution #021-05) Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the Resolution Authorizing the Execution and Delivery of a Continuing Disclosure Agrcement in Connection with the Issuance by the Virginia Public School Authority of Its School Financing Bonds (1997 Resolution) Refunding Series 2003 D, a Portion of the Proceeds of which Refunded Miuute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 131 the County of Frederick General Obligation School Bonds, Series 1992B, Series 1993A, and Refunding Series 1994 A; and Authorizing Any Other Actions Necessary to Achieve the Objectives Contemplated Hereby, subject to all of the public hearing requirements, if any, being met. WHEREAS, the Virginia Public Sehool Authority (the "Authority") pursuant to (i) a bond resolution adopted on May 21, 1963, as amended (the "1963 Resolution"); (ii) a bond resolution adopted on August 13, 1987, as amendcd and supplemented (the "1987 Resolution"); and (iii) a bond resolution adopted on October 23, 1997, as amended, restated and supplementcd (the "1997 Rcsolution") issued bonds (respectively, the "1963 Resolution Bonds", the "1987 Resolution Bonds" and the "1997 Resolution Bonds") for the purpose of purchasing general obligation school bonds of certain cities and counties within the Commonwealth of Virginia; WHEREAS, the Authority used a portion ofthe proceeds of certain 1963 Resolution Bonds and certain 1987 Resolution Bonds to purchase celtain duly authorized and issued general obligation school bonds ofthe County of Frederick, Virginia (the "County") designated the Frederick County School Bonds, Series of 1987A, Series of 1987B, Series of 1988A and Series of 1990A and the County of Frederick General Obligation School Bonds, Series 1991C and 1992A ("Prior Local School Bonds"); WHEREAS, the Authority has issued under the 1987 Resolution several series of 1987 Rcsolution Bonds designated as "School Financing Bonds (1987 Resolution) 1991 Refunding Series C (the "Series 1991 C Bonds"), "School Financing Bonds (1987 Resolution) 1992 Series B" (the "Series 1992 B Bonds"), "School Financing Bonds (1987 Resolution) 1993 Series A" (the "Series 1993 A Bonds") and "School Financing Bonds (1987 Resolution) 1993 Refunding Series B" (the "Series 1993 B Bonds"); WHEREAS, the Authority refunded certain 1963 Resolution Bonds and Certain 1987 Rcsolution Bonds with a portion of the proceeds of its Series 1991 C Bonds and Series 1993 B Bonds and, in conncction therewith, the County exchanged its Prior Local School Bonds with a duly authorized and issued general obligation school bond designated the County of Frederick General Obligation School Bond, Refunding Series 1994 A (the "1994 A Local School Bond"); WHEREAS, the Authority used a portion of the proceeds ofthe Series 1992 B Bonds and Series 1993 A Bonds to purchase certain duly authorized and issued general obligation school bonds of the County designated the County of Frederick General Obligation School Bonds, Series 1992B and Series 1993 A (together with the 1994 A Local School Bond, the "Local School Bonds"); WHEREAS, the Authority refunded its Series 1991 C Bonds, Series 1992 B Bonds, Series 1993 A Bonds and Series 1993 B Bonds ("Refunded Bonds") with a portion of the proceeds of its Virginia Public School Authority School Financing Bonds (1997 Reso lution) Refunding Series 2003 D (the "Refunding Bonds") issues pursuant to the 1997 Resolution; WHEREAS, the Authority in rcfunding the Refunded Bonds has pledged the Local School Bonds for the benefit of the holders of bonds issued undcr its 1997 Resolution; WHEREAS, the Authority is required to assist the underwriters (the "Underwriters") of the Refunding Bonds with their duty to comply with Securities and Exchange Commission ("SEC") Rule 15c2-12 (the "Rule"); WHEREAS, the Authority has requested the County to execute a Continuing Disclosure Agreement in order for the Authority to assist the Underwriters in complying with the Rule, and; WHEREAS, the Board of Supervisors of the County of Frederick, Virginia considers it to be advisable for the County to fulfill the request of the Authority to execute a Continuing Disclosure Agreement; Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28105 132 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Continuing Disclosure Agreement. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers as they may designate are hereby authorized to enter into a Continuing Disclosure Agreement in the form attached as Appendix A hereto, containing such covenants as may be necessary in order for compliance with the provisions of the Rule, and any other documents the Authority deems necessary to comply with the SEC rules and any Internal Revenue Service rules and regulations rcgarding maintaining the tax-exempt status of the bonds. 2. Use of Proceeds Certificate. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers as they may designate are hereby authorized to enter into a Use of Proceeds Certificate in the form attached as Appendix B hereto, containing such covenants as may be necessary in order for compliance with any Intemal Revenue Service rules and regulations regarding maintaining the tax-exempt status of the bonds. 3. Further Actions. The members of the Board and all officers, employecs, and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the execution and delivery of the Continuing Disclosure Agreement and the Use of Proceeds Certificate and maintaining the tax-exempt status of the bonds, and any such action previously taken is hereby ratified and confirmed. 4. Effective Date. This resolution shall take effect immediately The Board approved the above 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 1. Tyler Aye Barbara E. Van Osten Aye 13. The Director ofF ire and Rescue requests a General Fund supplemental appropriation in the amount of $52,000. This amount represents a Homeland Security Grant for a Public Safety Initiative exercise. Frederick County will be fiscal agent for this exercise. No additional local funds are needed. See attached memo, p. 64-65. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 .133 ***Items Not Requiring Action*** 14. Information has been provided to continue dialogue on assessments. See attached information, p. 66-82. 15. The calendar is attached for your information, p. 83. ***For Information Only*** 1. The Government Finance Officers Association has awarded Frederick County with a Certificate of Achievement for Excellence in Financial Reporting for the county's comprehensive annual financial report for the year ended June 30, 2004. See attached letter, p. 84-85. 2. A letter of appreciation is attached from the Metropolitan Washington Ear, Inc. for Frederick County's FY 2005-2006 donation. Attached, p. 86-88. 3. A letter of appreciation is attached from the Northern Virginia 4-H Educational Center for Frederick County's FY 2005-2006 donation. Attached, p. 89. PLANNING COMMISSION BUSINESS REZONING #01-05 FOR RUSSELL 150. LC. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 96.28 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 54 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY FRONTS ON THE WEST SIDE OF FRONT ROY AL PIKE (ROUTE 522). OPPOSITE AIRPORT ROAD (ROUTE 645). IN THE SHAWNEE MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINs) 64-A-I0 AND 64-A-12. - (THIS IS A PUBLIC MEETING. PUBLIC HEARING WAS HELD ON APRIL 13.2005. BOARD ACTION WAS POSTPONED. REQUEST BY APPLICANT TO POSTPONE AT MAY 25 AND AUGUST 10. 2005 MEETINGS.) - APPROVED Deputy Planning Director Mike Ruddy appeared before the Board regarding this appl ieation. He advised that the observations from previous staff reports remain valid. He outlined the Board's concerns expressed during the last review of this project: Assurances that the County will not be responsible for construction ofthe infrastructure if the CDA fails. Phasing of the commercial portion of the project. The project is incomplete without East Tevis Street connection to Route 522. The applicant has provided copies of revised proffers and a generalized development plan. Deputy Director Ruddy went on to say that the applicant has addressed the ultimate responsibility for transportation improvements by including the following sentence in the transportation proffers: "If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant." He went on to say that there is no phasing for commercial development and that residential phasing Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 .134 has been reduced from 75 to 50 units per year. The proffer for the East Tevis Street connection to Route 522 has been removed. The applicant has proposed an alternative proffer wherein a monetary contribution would be made to the County to a transportation fund to be used unconditionally for transportation improvements. Chairman Shickle asked ifthe concern about the CDA collapsing had been addressed. Deputy Director Ruddy responded yes. Chairman Shickle asked about the phasing of the commercial development. Deputy Director Ruddy responded that the residential phasing has been modified. Chairman Shickle asked if the East Tevis Street issue had been addressed. Deputy Director Ruddy responded that the applicant had changed the proffer statement. Supervisor Van Osten asked if there was a rollover provision in the phasing of residential units. Deputy Director Ruddy responded no. Ben Butler, Attorney for Russell 150 LC, reviewed what the applicant believed were the four outstanding issues from the last meeting: Failure of the CDA. Phasing East Tevis Street connection Storm water management - Buffalo Lick Run stream Mr. Butler reviewed the benefits of the CDA for the County and stated that the applicant would ultimately be responsible to see that the infrastructure is installed. With regard to East Tevis Street, the applicant tried to work out an agreement between the four adjoining property owners, but that proved to be an impossible task. In lieu of this, the applicant felt it would be best to contribute money to a transportation fund; therefore, ifthis rezoning is approved the adjoining property owners would be required to build the road. He concluded by saying that he was authorized to change the phasing of the residential development for this project and he presented revised proffers to Chairman Shickle which reduced the residential development from 50 to 40 units/year. Supervisor Tyler asked if the CDA's special assessment would be applicable only to the residential portion ofthe property. Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 .135 Mr. Butler responded that the assessment would cover the entire site. Evan Wyatt, Greenway Engineering, reviewed the transportation improvements. He stated that the CDA would fund Warrior Drive, Airport Road, East Tevis Street within the property, and the bridge over Interstate 81. He went on to say that the improvements call for the ultimate section of all of the roads. The project also includes a bicycle trail. Mr. Wyatt explained that VDOT must approve the public improvement plan, which must be submitted with the first phase of development. Thc property owner will assist with off-site improvements, which will include a shared zoning buffer easement with the Sheppard property. He went on to say that a proposed sewer easement to the Sheppard property would not be a problem. The modified generalized development plan shows a 150-300 foot non-disturbance easement. The applicant will also use best management practices and low impact design for both properties. He concluded by saying that the project phasing had been reduced to 40 units per year. Chairman Shickle asked about the phasing ofthe commercial versus residential development. Mr. Wyatt stated that he believed the commercial development would come on line quicker because the infrastructure is there. Chairman Shickle stated that the phasing of the commercial development was being addressed by intent. Mr. Wyatt responded yes. Vice-Chairman Dove asked if the CDA would fund the construction ofthe residential roads. Mr. Wyatt responded that only those roads shown on the generalized development plan would be funded by the CDA; other roads will be installed by the developer. Supervisor Van Osten asked about the traffic impact analysis. Mr. Wyatt responded that the applicant based the study of traffic impacts on developments that were approved and some that have not been approved, but are coming forward in the near future. Supervisor Forrester asked Deputy Director Ruddy if the commitment of commercial square footage was still outstanding. Deputy Director Ruddy responded it was still outstanding and that nothing in the original staff report had changed. Minnte Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 ',136 Supervisor Forrester asked about the applicant's agreement to notify potential property owners about the airport, noise, etc. Deputy Director Ruddy responded that no proffer has been offered, although the applicant did commit, at the Planning Commission, to notify future property owners of airport noise. Supervisor Forrester asked about solid waste impacts. Deputy Director Ruddy responded that the same remarks apply. Chairman Shickle asked if any portion of the property was shown as residential in the Comprehensive Plan. Deputy Director Ruddy responded no. He stated that everything above Buffalo Lick Run is shown as commercial and property below is shown as mixed use. Supervisor Forrester asked about the impacts to Parks & Recreation. Deputy Director Ruddy responded that nothing above and beyond what was offered in the original application has been provided. Chairman Shickle asked ifthe Board would have to revisit the Comprehensive Plan to reflect this zoning change or would it automatically change. Planning Director Erie Lawrence stated that the application was presented to staff as a mixed use with a focus on residential use. He went on to say that there has to be commercial development in the area as well; therefore, it would be better to leave the designation as mixed use. Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board approved Rezoning #01-05 Russell 150 with the revised phasing plan for 40 units per year. WHEREAS, Rezoning #01-05 for Russell 150, was submitted by Greenway Engineering to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-l 0 and 64-A- 12. The property also fronts on the east side ofInterstate 81. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 .137 that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District and RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 2801 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 Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye SUBDIVISION #25-05 OF STUART AND LAURIE PUTNAM - APPROVED UNDER CONSENT AGENDA This was a request to subdivide 4.802 acres into two parcels. The property is located at 320 Shawnee Trail in the Back Creek Magisterial District and is zoned R-5 (Residential Recreational Community) District. This item was approved under the consent agenda. MASTER DEVELOPMENT PLAN #07-05 OF STEPHENSON VILLAGE - POSTPONED AT THE APPLICANT'S REOUEST BOARD OF LIAISON REPORTS Supervisor Forrester reported that the Social Services Board approved two adoptions, which got children out of foster care and into a home. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten reminded the Board of Saturday's preparedness drill, which will begin at 7:00 a.m. The Board is invited to Friendship Fire Hall to observe. Vice-Chairman Dove reminded the Board that the Department of Game and Inland Fisheries would conduct a public meeting on October 6,2005 regarding Chronic Wasting Disease in the deer population. He also recommended that the Board submit their comments regarding the Rural Areas proposal to Chairman Shickle by next Wednesday, October 5,2005 in an effort to bring this item Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05 ".138 to conclusion. The Board consensus was to follow Vice-Chairman Dove's recommendation. Chairman Shickle reported that he had been working with Patrick Barker, Executive Director of the Winchester-Frederick County Economic Development Commission, regarding the development impact model. He advised that they were still working on alternatives and he hoped to get some type of communique to the Board to assist in the decision process. Supervisor Van Osten stated that she was interested in looking at the 100% reserve that was discussed by the Health Committee and recommended to the Public Works Committee. Administrator Riley will follow up with the Director of Public Works to see that it is added to the Committee's next agenda. 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. (9:10 P.M.) '- ~~QQ Richard C. Shickle Chairman, Board of Supervisors ) Minutes Prepared By: .~ c '-tiP. Jay E. T" bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 09/28/05