February 28, 2001 Regular Meeting
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A W orksessionlRegular Meeting of the Frederick County Board of Supervisors was held on
February 28, 2001, at 5:30 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 Charles W. Orndoff, Sr.; W. Harrington Smith,
Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes.
ADDITIONAL ATTENDEES:
County Finance Committee Members: Ron Hottle, Don Butler, and Richie Wilkins.
County School Board Members: Superintendent of Schools Dr. William Dean; Finance
Director Lisa Frye; additional school staff - Al Orndoff and Patty Taylor.
County Staff - Administrator John R. Riley, Jr.; Assistant Administrator Kris Tierney;
Finance Director Cheryl Shiffler; Budget Analyst Jennifer Place and Deputy Clerk Carol T. Bayliss.
CALL TO ORDER
Chairman Shickle called the worksession to order.
County Administrator Riley advised that following the last worksession, the figures called
for a 4.5 cent roll back, 59.5 cent real estate tax and a 3 cent increase. He referred to the figures
shown on the handout in the middle of the page. Using Fund Balance, the total for the schools
would be $3,662,711, non schools $2,996,762, and a 3 cent increase is where we currently are.
Supervisor Smith stated that he had originally gone with 3 cents but later voted for 5;
however, he would be willing to compromise at 4.
Administrator Riley explained that he needs to know the rate at the end of the meeting,
reminding those present that you can always decrease the amount following the public hearing,
which is scheduled for March 28; however, you cannot increase the amount.
Supervisor Sager asked if there were any figures for a rate of 4.
Administrator Riley replied $340,000.
School Board Chairman W olk advised that the school board has also discussed the figures
being presented and they feel that 5 paints a pretty bleak picture for the schools. He further advised
that the school board too feels that the state has not provided the necessary funding. He asked the
Board to "step up to the plate" and do what is necessary, in order to fund the schools, as has been
requested.
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Dr. Dean stated that it would make things very difficult for the school system if the 5 cent
tax rate were approved. He explained that he had attended a superintendent's meeting in Warrenton
this date and it was explained to them that $ 7 million was being cut in the Department of Education
for SOA and SOL Testing. He further stated that the increase planned for food service personnel,
as well as bus drivers retirement, would receive only partial funding. All raises for employees would
be reduced by 2%. He further stated that the state is saying sales tax revenue is on the decline, and
that VRS is questionable for this year, and any windfall is very much up in the air.
Supervisor Smith asked Dr. Dean if the Board would "step up to the plate" and approve the
funding request for the schools, and the state should provide additional funding over and above what
they are saying they will at this point, would the school board be willing to return this funding back
to the Board.
Superintendent Dean advised that this would be very hard to do, as the state attaches a
number of guidelines to monies they provide to localities.
Chairman Shickle asked about the school debt service.
Finance Director Shiffler replied that $242,000 is the eurrent figure.
Chairman Shickle asked about the 2000-2001 increase in enrollment.
Robert Cleaver, replied in the 130's.
Chairman Shickle thanked Dr. Dean and staff for putting together a budget that is easy to
rcad, as it makes this process much easier.
Supervisor Orndoff stated that he wanted to get away from 7.5, as he wants to get rid of any
half cent.
Board members suggested various figures and what that would mean to the tax rate, as well
as cuts, not only to the school board but also the county.
Supervisor Douglas stated that she would be willing to go with Supervisor Smith at 4. She
does not feel the county can do 7.5; however, she is more in favor of nothing less than a 5.
Supervisor Reyes agreed with Supervisor Douglas with 7.5 being too much, and he is
agreeable to 5.
Supervisor Sager explained that he does not want more going to one side than the other, he
wants to see both sides treated the same.
Administrator Riley explained that $6 million had been cut since thc first round and now an
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additional $227,986.
Supervisor Sager stated that he is currently at a 5.
Finance Director asked if $3.6 million is what is to be advertised for the schools.
Supervisor Smith advised that he would go with 5, if that is what the Board is in favor of.
School Board Member Stiles advised that the school has cut, just as the county has.
Supervisor Sager stated that every year the budget becomes more of a challenge, and the
future does not look any better based on the schools that are scheduled to be built, and the amount
of debt service the county will be looking at.
Committee Member Butler suggested a committee for long range planning for the schools
that would have information and suggestions available before the actual budget preparation begins.
Dr. Dean advised that such a committee does exist, although it has not been meeting on a
regular basis.
Committee Member Hottle stated that he started with a 5 and he remains with a 5.
Following additional discussion, and numbers being kicked around, it was the consensus of
the Board that the rate would be set at 61 cents with a roll back of3 cents. The schools would be
receiving $3.938 million exclusive of debt service, and $4.1 million would include debt service.
School Board Member Mullinex thanked the Board of Supervisors for this worksession, as
she felt it was very beneficial and informative to all in attendance.
7:15 P.M. - CALL TO ORDER - REGULAR MEETING
Chairman Shickle called the meeting to order.
INVOCATION
Supervisor Sager had the invocation in absence ofthe scheduled minister.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
County Administrator Riley advised that Dr. Potter had a scheduling conflict; therefore, he
would not be in attendance at this meeting. He was scheduled under "County Officials".
Administrator Riley suggested that due to Dr. Potter not being on the agenda, perhaps the
Board would be interested in announcing the proposed tax rate at that time.
CONSENT AGENDA
There were no items for consent agenda.
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CITIZEN COMMENTS
No one appeared before the Board at this time.
MINUTES
Supervisor Orndoff asked if Parks & Recreation Commission Report on Page 12 should read
that it was approved under consent agenda?
Deputy Clerk Bayliss replied yes.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of
the regular meeting of February 13,2001 were approved as amended by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
GARY OATES APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY
FROM STONEWALL DISTRICT TO FILL THE UNEXPIRED TERM OF BEN
HALLAM
Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, Gary Oates was
appointed to the Industrial Development Authority from Stonewall District to the fill the unexpired
term of Ben Hallam, who resigned. This term will begin on February 28, 2001 and expire on
November 10, 2003.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
ROBERT A. MORRIS REAPPOINTED TO THE PLANNING COMMISSION FROM
SHAWNEE DISTRICT
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Robert A.
Morris was reappointed to the Planning Commission from Shawnee District. This is a four year
term. This term will begin on April 28, 2001 and expire on April 28, 2005.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
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NOW, THEREFORE BE IT RESOL VED, that the Frederick County Board of Supervisors
does hereby approve a general fund supplemental appropriation in the amount of $166,000 to be
dispersed to the Fort Collier Civil War Center for closing on the property following the receipt of
funds from the National Park Service.
RESOLUTION (#035-01)
WHEREAS, the Kernstown Battlefield Association (KBA) was successful in receiving a
National Park Service American Battlefield Protection Program (ABPP) Grant to assist with the
payment of loan principle on the Grim Property acquisition in the amount of $75,000; and
WHEREAS, the requirements of an ABPP Grant are that the funds awarded go to a local
government; and
WHEREAS, Frederick County is on the record as being in support of the association's
efforts to acquire the Grim property and has agreed to be the fiscal agent for the ABPP grant;
NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors
does hereby approve a general fund supplemental appropriation in the amount of $75,000 to be
dispersed to the lending institutions for payment on the principle resulting from the KBA purchase
ofthe Grim Property. Said funds to be dispersed following the receipt of funds from the National
Park Service.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the above
resolutions were approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
PUBLIC HEARING:
PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY
OF FREDERICK. VIRGINIA. THE BOARD OF SUPERVISORS 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 OF THE COUNTY TO BE SOLD TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY ("BONDS") IN THE ESTIMATED
MAXIMUM AMOUNT OF $18.6000.000 TO FINANCE CERTAIN CAPITAL
PROJECTS FOR SCHOOL PURPOSES. A RESOLUTION (#036-01)
AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY
THE BOARD OF SUPERVISORS AT THIS MEETING - APPROVED (THIS BOND
WILL BE USED FOR THE THIRD HIGH SCHOOL AND MAINTENANCE
BUILDING).
County Administrator Riley presented this resolution to the Board advising that these funds
would be used for the construction of a third county high school and for the purchase of a
maintenance facility.
There was no public input.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following
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resolution was approved:
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $18,600,000
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 $18,600,000 and to issue
its general obligation school bonds to finance certain capital projects for school purposes.
WHEREAS, the County has held a public hearing, after due publication of notice, in
accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on
February 28,2001 on the issuance of school bonds in an amount not to exceed $18,600,000.
WHEREAS, the School Board of the County of Frederick, Virginia ("School Board") has
requested by resolution the Board to authorize the issuance ofthe Bonds (as defined below) and has
consented to the issuance of the Bonds.
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 $18,600,000 (the "Bonds") for the purpose offinancing
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 ofthe Bonds. It is determined to be in the best interest of the County to accept the
offer ofthe Virginia Public School Authority (the "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, such price to be not less than 98% of par and not more than
103% of par (105% of par for bonds with a final maturity of 10 years or less), and upon the terms
established pursuant to this Resolution. The County Administrator and the Chairman ofthe Board,
or either of them, and such officer or officers of the County as either of them may designate, are
hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for
the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator,
which form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery ofthe Bonds; shall be designated "General Obligation School
Bonds, Series 2001"; 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 January 15, 2002, at the
rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in
the years (each a "Principal Payment Date") and in the amounts established in accordance with
paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are
subject to change at the request 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 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 ofthe proceeds of which will be used to purchase the Bonds,
and provided further, that the true interest cost ofthe Bonds does not exceed seven percent (7%) per
annum. The County Administrator is further authorized and directed to accept the aggregate
principal amount of the Bonds and the amounts of principal of the Bonds coming due on each
Principal Payment Date ("Principal Installments") established by the VPSA, including any changes
in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may
be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum
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Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
PROPOSED TAX RATE ANNOUNCED FOR 2001-2002 BUDGET
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the proposed tax
rate of 61 cents for real estate was announced for the 2001-2002 budget.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
REQUEST FROM THE SCHOOL BOARD TO PURCHASE THE LESTER
BUILDING # 2 FROM BUTLER MANUFACTURING COMPANY - APPROVED
Administrator Riley presented this request to the Board advising that the school board had
approved this request. This is a contract to purchase the Lester Building #2 and 12.9 acres ofland
at 276 Woodbine Road, in Clearbrook, from Butler Manufacturing Company, in the amount of
$1,450.00. An additional 350,000 will be needed for improvements to accommodate the needs of
the school board. These improvements shall include a hard-surfaced service road, installation of
wastewater storage tanks, fencing, two or three walk-in freezers, and dry goods storage racks. The
total amount budgeted for the purchase of the property and improvements is $1,800,000.
Al Orndoff, Administrative Assistant to the Superintendent, appeared before the Board to
further explain this request. He stated that the $350,000 was included in the VPSA bond request.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
ENGINEER'S COST ESTIMATE FOR WARRIOR DRIVE AND REQUEST FOR
FUNDS - RECEIVED AS INFORMATION
Chairman Shickle stated that this project has been around for a long time, and asked fellow
Board Members if they had any questions, that now is the time to ask them.
County Administrator Riley explained that between the County and developers, their cost
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is $1.250 million for this road project.
VDOT Resident Engineer, Jerry Copp, appeared before the Board at this time.
Chairman Shickle asked Mr. Copp ifthere were any more hang ups with this project that he
was aware of.
Mr. Copp replied no.
Supervisor Orndoff asked if the State of Virginia has appropriated any funding for this
proj ect.
Mr. Copp replied $1.6 million dollars is just waiting to be used.
This is being submitted as information to the Board, and no further action is necessary at this
time.
MEMORANDUM AND RESOLUTIONS FROM ASSISTANT COUNTY
ADMINISTRATOR RELATING TO KERNSTOWN BATTLEFIELD
ASSOCIATION. NATIONAL PARK SERVICE AND FORT COLLIER - APPROVED
Assistant Administrator Tierney presented these resolutions to the Board.
Supervisor Smith stated that it was his understanding that no funding would be coming from
the County until funds are received from the Park Service.
Assistant Tierney replied that was correct.
RESOLUTION (#033-01)
WHEREAS, the National Park Service American Battlefield Protection Program (ABPP)
offers a funding for the acquisition of Civil War Battlefields; and
WHEREAS, the Kernstown Battlefield Association (KBA) has applied for and received
approval of grant funds in the amount of $75,000 to be applied toward the principle owed on the
recently purchased Grim Farm; and
WHEREAS, the County of Frederick has supported the preservation ofthis important Civil
War Battlefield both through monetary contributions and planning efforts and wishes to continue
to offer support;
NOW, THEREFORE BE IT RESOLVED, that Frederick County does hereby agree to be
the fiscal agent for the KBA for the purposes of this ABPP grant.
RESOLUTION (#034-01)
WHEREAS, the Fort Collier Civil War Center was successful in receiving a National Park
Service American Battlefield Protection Program (ABPP) Grant to assist with the acquisition of Fort
Collier in the amount of$166,000; and
WHEREAS, the requirements of an ABPP Grant are that the funds awarded go to a local
government; and
WHEREAS, Frederick County is on the record as being in support of the center's efforts to
acquire the property and has agreed to be the fiscal agent for the grant;
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amount set forth in paragraph one and the final maturity ofthe Bonds shall not be later than 21 years
from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall
conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal
amount and Principal Installments as having been so accepted as authorized by this Resolution.
5. Form ofthe Bonds. The Bonds shall be initially in the form of one or more temporary
typewritten bonds substantially in the form attached hereto as Exhibit A.
6. Payment: 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. Prepayment or Redemption. The Principal Installments ofthe Bonds held by the VPSA
coming due on or before July 15,2011, and the definitive Bonds for which the Bonds held by the
VPSA may be exchanged that mature on or before July 15,2011 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, 2011 and the definitive Bonds for which the Bonds held by the
VPSA may be exchanged that mature after July 15,2011 are subject to prepayment or redemption
at the option ofthe County prior to their stated maturities in whole or in part, on any date on or after
July 15,2011 upon payment of the prepayment or redemption prices (expressed as percentages of
Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth
below plus accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15,2011 to July 14, 2013, inclusive .............................. 102%
July 15, 2013 to July 14, 2014, inclusive .............................. 1O1 %
July 15, 2014 and thereafter .................................................. 100%
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their
stated maturities as described above without first obtaining the written consent of the registered
owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond
Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty
(60) days before the date fixed for prepayment or redemption. The County Administrator is
authorized to approve such other redemption provisions, including changes to the redemption dates
set forth above, as may be requested by the VPSA.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy
Clerk ofthe Board are authorized and directed to execute and deliver the Bonds and to affix the seal
of the County thereto.
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
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payment ofthe principal of, and the premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the County to the extent other
funds of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board
and the County Administrator, or either ofthem and such officer or officers ofthe County as either
may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if
requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and
investment ofthe proceeds ofthe Bonds and containing such covenants as may be necessary in order
to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the
"Code"), and applicable regulations relating to the exclusion from gross income of interest on the
Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds
from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of
Proceeds Certificate and the County shall comply with the covenants and representations contained
therein and (ii) the County shall comply with the provisions ofthe Code, except as provided above,
so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for
Federal income tax purposes.
11. State Non-Arbitrage Program: Proceeds Agreement. The Board hereby determines that
it is in the best interests ofthe 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 of them, and such officer or officers of the 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
substantially in the form on file with the County Administrator, which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of the Board and the County
Administrator, or either of them, and such officer or officers of the County as either of them may
designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as
set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed
by the County and containing such covenants as may be necessary in order to show compliance with
the provisions 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 agents of the County are hereby
authorized and directed to cause a certified copy ofthis 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 of the 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 shall 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 February 28,2001, and ofthe whole thereofso 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
present. 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.
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WITNESS MY HAND and the seal ofthe Board of Supervisors ofthe County of Frederick,
Virginia, this 28th day of February, 2001.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING:
PUBLIC HEARING - CONDITIONAL USE PERMIT #18-00 OF DONNIE AND
RACHEL HAMMAN FOR A COTTAGE OCCUPATION FOR SHEET METAL
FABRICATION AND STORAGE OF MATERIALS. THIS PROPERTY IS
LOCATED AT 160 JOURNEYMAN LANE AND IS IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBER 87-4-1 IN THE OPEQUON
MAGISTERIAL DISTRICT. (POSTPONED FROM BOARD OF SUPERVISORS
MEETING OF JANUARY 24. 2001.) - DENIED
Planner II Jeremy Camp presented this request to the Board, advising that staff and planning
commission had recommended denial. He further explained that this matter was taken to General
.
District Court and Mr. Hamman is not currently in compliance with a court order that has been
issued.
Supervisor Sager stated that it was his understanding that this use is not allowed under
criteria spelled out for a CUP.
Planner Camp replied that was correct.
Glen Lovelace, resident of Wrights Run Acres, appeared before the Board wherein he
explained what had transpired at this location for quite some time, and he asked the Board to please
deny this request.
Dan Kink, Opequon District, endorsed what Mr. Lovelace had said, and asked the Board to
deny the request.
Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, CUP #18-00 of
Donne and Rachel Haman is hereby denied by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
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PUBLIC HEARING - PROPOSED UPDATES TO THE 2001-2002 CAPITAL
IMPROVEMENTS PLAN (CIP) - THE CIP IS A PRIORITIZED LIST OF
PROJECTS. REOUESTED BY NUMEROUS COUNTY AGENCIES. TO BE
REVIEWED FOR POTENTIAL ALLOCATION IN THE ENSUING FIVE YEAR
PERIOD. THE PLAN IS CREATED AS AN INFORMATION DOCUMENT TO
ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE
CIP IS AN ADVISORY DOCUMENT; PROJECTS ARE NOT NECESSARILY
FUNDED BECAUSE OF THEIR INCLUSION IN THE CIP - APPROVED
Planning Director Evan Wyatt presented this plan to the Board advising that there are 29 total
projects compared to 28 projects from the previous CIP and outlined the following summary:
. Total county cost of$145.0 million including $92.3 million estimated project costs and
$52.7 million estimated debt service compared to $106.5 million from the previous
CIP.
. New project requests include a new elementary school; a new middle school;
renovations to the transportation complex; and completion of the 3Td floor of the
County Administration Building.
. The new library facility was the only project removed from the previous CIP.
. The previous CIP project requesting additions to the NREP facility has been eliminated
as a CIP project by the School Board.
Administrative Assistant of Schools Al Orndoff appeared before the Board to address the
.
funds for the schools.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the 2001-2002
Capital Improvements Plan was approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Nay
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
OTHER PLANNING ITEMS:
SUBDIVISION APPLICATION #05-01 OF ORCHARD TERRACE. INC. -
APPROVAL GRANTED SUBJECT TO ROADS BEING TAKEN OVER BY VDOT
Assistant Planning Director Eric Lawrence presented this request to the Board advising that
land division in the M2 (Industrial General) Zoning District, without an approved master
development plan, be presented to the Board of Supervisors for final approval. He further advised
that staff and the planning commission had recommended approval.
Supervisor Reyes questioned whether this application was a little premature.
Assistant Lawrence explained that he did not feel that was the case.
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Board of Supervisors Meeting of 02/28/01
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Eds Coleman, local attorney, appeared before the Board on behalf ofthe applicant, wherein
he explained that an application is pending for industrial access funds for this project. He further
explained that this road has been used by the public for a number of years.
Chairman Shickle stated that Administrator Riley had talked with the Board about upgrading
this portion of Kent Street, and he was curious as to whether this would help or hinder the project.
Assistant Lawrence explained that VDOT had requested a ten foot right-of-way.
Supervisor Reyes stated that he felt the Kent Street issue needs to be resolved first; however,
he did not want to hold the applicant up.
Director Wyatt explained this request is being presented in order to approve the three lots.
The county cannot, and will not, approve a plat without the necessary steps being followed.
Administrator Riley reminded the Board of the resolution they passed a month or so ago
approving funds to have this section of Kent Street taken into the secondary system. This same
resolution was approved by the City of Winchester for joint funding ofthe project.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the subdivision
application #05-01 for Orchard Terrace, Inc. was approved, with the understanding that this approval
is given subject to roads being taken over by VDOT.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
SUBDIVISION WAIVER REOUEST OF JAMES H. ADAMS. JR. - POSTPONED
Supervisor Smith advised that he would not be participating in any discussion or vote ofthis
request, due to a possible conflict.
Assistant Lawrence appeared before the Board and explained that this request for Subdivision
Requirement Waiver is being made at the request of The Hard Way, L.C. to divide 134 acre parcel
into three tracts. He further explained the tracts would be comprised of two agricultural and one
residential lot. The parent tract is presently accessed via an existing right-of-way, the width of which
is not defined. The proposed land division would create a single residential lot of 14.2 acres, a 25
acre lot almost entirely of flood plain, and the remaining 94.3 acres of the parent tract. No future
Minute Book Number 27
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subdivision will be permitted without Board approval. He further advised that staff and the planning
commission recommended approval.
Ian Williams, local attorney, representing the applicant, appeared before the Board and
explained that Mr. Adams has owned this property since 1976. He further explained that parcels
have been conveyed off of this property over the years. The plans are for fourteen acres to be used
for a residential site, and twenty-five would be in farm use.
Chairman Shickle asked ifthere is any type of road maintenance agreement.
Mr. Williams replied no, none that he is aware of.
Ben Butler, local attorney, representing Mr & Mrs. Cooper, appeared before the Board to
explain why his clients are opposed to this request. He advised that the Cooper's feel there will be
problems with a possibility of three new lots going on this site. The Cooper's are also concerned
about the intensity of the roads continuing to get bigger. They feel granting of a waiver is the
number one problem. Mr. Butler further advised that as property owners, Mr. & Mrs. Cooper should
have been notified by the planning department when this request went to the planning commission.
Anything that affects the landowner should be reason enough for them to be notified.
Mike Smith, stepson ofMr. Adams, appeared before the Board to express his feelings on this
request. He explained that the bulk of the area being discussed is shale ground.
Chairman Shickle asked Mr. Smith ifhe was interested in trying to work out some type of
agreement with the Coopers.
Mr. Smith replied no.
Supervisor Reyes advised that he felt there were still questions to be answered, and more
time was needed; therefore, he would move to postpone this request.
Supervisor Douglas seconded the motion.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Abstain
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
COMMITTEE REPORTS:
PERSONNEL
Minute Book Number 27
Board of Supervisors Meeting of 02/28/01
1')8
The Personnel Committee met on Tuesday, February 20,2001, with the following members
present: Margaret B. Douglas, Chairman; Sidney A. Reyes, Vice-Chairman; Philip e.G. Farley,
Verne E. Collins, John R. Riley, Jr., Kris Tierney, and Ann K. Kelican.
1. Request for Reclassification: The Committee reviewed a request from the
Commissioner of the Revenue to reclassify the Statistician/Technical Director position in her
department due to increased job responsibilities from a Range 18 to a Range 20. Ms. Murphy
advised the Committee that she has sufficient funds in the current budget to fund this salary
adjustment through the end of the fiscal year and that she has also budgeted for the increase in the
FY 2001-2002 budget. The Committee recommends approval ofthis request. (See Attachment "A")
- Approved
Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above req uest
was approved by the following recorded vote:
Richard e. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Should you have any questions regarding the contents of this report, please do not hesitate
to contact me.
FINANCE COMMITTEE REPORT
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on February 21,2001 at 8:00 a.m.
Supervisor Smith suggested that numbers 1,2,3,4, and 5 be approved under consent
agenda as there are no additional funds being requested.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, numbers 1 thru
5 ofthis report, are approved under consent agenda by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
1. The Frederick County Clerkrequests a General Fund supplemental appropriation in the
amount of $618.62. This amount represents a maintenance insurance reimbursement and is
requested to be appropriated to line item 10-021060-3004-000-001 Repair and Maintenance -
Equipment. No additional local funds are needed. See attached memo, p. 1-3. The committee
recommends approval. Consent
2. The Sheriff requests a General Fund supplemental appropriation in the amount of
$5.377.90. This amount represents insurance reimbursements and is requested to be appropriated
to line item 10-031020-3004-000-002 Repair and Maintenance - Vehicles. No additional local funds
are needed. See attached memo, p. 4-9. The committee recommends approval. Consent
3. The Sheriff requests a General Fund supplemental appropriation in the amount of
$1.751.30. This amount represents DARE Program monies and is requested to be appropriated to
Minute Book Number 27
Board of Supervisors Meeting of 02/28/01
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line item 10-031020-5413-000-001 Drug Program. No additional local funds are needed. See
attached memo, p. 10. The committee recommends approval. Consent
4. The Inspections Department requests a General Fund supplemental appropriation in the
amount of $2.539.54. This amount represents an insurance reimbursement and is requested to be
appropriated to line item 10-031020-3004-000-002 Repair and Maintenance - Vehicle. No
additional local funds are needed. See attached memo, p. 11-12. The committee recommends
approval. Consent
5. The Economic Development Commission Director requests a General Fund
supplemental appropriation in the amount of $70.999.98. This amount is needed to extend the
federal contract for the Shenandoah Valley TeleBusiness Center through September 2001. No
additional local funds are needed. See attached memo, p. 13-15. The committee recommends
approval. Consent
6. The Superintendent of Schools requests a School Operating Fund budget transfer in the
amount of amount of$445.000. This amount is being requested for various maintenance needs. No
additional local funds are needed. See attached memo, p. 16. The committee recommends approval.
Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
7. It has been recommended by the Finance Committee that an approved "Travel Voucher
Checklist" accompany all travel vouchers ofthe County Administrator. It is recommended that this
"Travel Voucher Checklist" be completed by the Chairman of the Finance Committee, W.
Harrington Smith, Jr. or Board Chairman Richard e. Shickle. See attached checklist, p. 17.
Approved
Supervisor Smith moved for approval with Supervisor Reyes seconding the motion.
Supervisor Orndoff stated that he felt both signatures should be required.
This suggestion was not agreed upon by fellow Board members.
The above motion was approved by the following recorded vote:
Richard e. Shickle - Aye
Charles W. Orndoff, Sr. - Nay
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
**Budget Worksession Information**
A joint budget worksession with the Board of Supervisors, Finance Committee and School Board
has been scheduled for February 28, 2001 at 5:30 p.m. in the Board meeting room. The County
Administrator and School Board will discuss the FY 2002 budget with emphasis being placed on
potential budget cuts that would be required to adjust the real estate tax rate by 4.5 cents to reflect
a 3 cent tax increase as a result of the reassessment.
Minute Book Number 27
Board of Supervisors Meeting of 02/28/01
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Please bring FY 2002 budget packages (black binder and school board budget) to the February
28th meeting.
**For Information Only**
Monthly financial statements for the month ending December 31, 2000 are included. See attached
memo, p. 18-75.
BOARD OF SUPERVISORS COMMENTS
There were no additional comments at this time.
PATRICK DAVENPORT HIRED AS NEW ZONING ADMINISTRATOR
Planning Director Evan Wyatt introduced to the Board Patrick Davenport who was recently
hired as the new Zoning Administrator for the County.
UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY
SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED.
r
Jo n R. Riley, Jr.
Clerk, Board of Supervisors
~o Q ~Q fl..Q,,)
Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: ~ T~~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 27
Board of Supervisors Meeting of 02/28/01