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September 12, 2001 Regular Meeting 445 A Regular Meeting of the Frederick County Board of Supervisors was held on September l2, 200l, 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 Charles W. Orndoff, Sr.; W. Harrington Smith, Ir.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Associate Minister ofMt. Carmel Baptist Church Charmissa Washington. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he would like to add a resolution. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was adopted as amended by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Proclamation - Day of Remembrance - Tab D; 2. Proclamation - October 200l as Month of Concern (Concern Hotline, Inc.) - Tab E; 3. Proclamation - Frederick County Family Day - Tab F; 4. Resolution - Requesting the Installation of "Watch for Children" Sign - Middle Fork Road (Route 695) - Tab G; 5. Subdivision Ordinance Waiver Request - Wendy Baruch - Tab Q; 6. Landfill Oversite Committee Report- Tab R. NOTE: Tab 1- Resolution from Northern Shenandoah Valley Regional Commission was listed under the Consent Agenda; however, Chairman Shickle requested to have this item discussed and voted on by the Board. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 44 Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the consent agenda, as noted above, 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 CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of July 11, 2001 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 Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the minutes of the Public Hearing-Rezoning Request of Mid- Atlantic Technical Business Park of August 7,2001 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 Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, the minutes of the Regular Meeting of August 8, 200l 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 COUNTY OFFICIALS EVE NEWMAN NOMINATED TO HISTORIC RESOURCES ADVISORY BOARD- DEFEATED Minute Book Nnmber 27 Board of Supervisors Meeting of 09/12/01 47 Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, Eve Newman was nominated to the Historic Resources Advisory Board. The motion was defeated by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Nay Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Nay SHARON S. BOYD NOMINATED TO THE HISTORIC RESOURCES ADVISORY BOARD - DEFEATED Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, Sharon S. Boyd was nominated to the Historic Resources Advisory Board. This motion was defeated by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye W AL T CUNNINGHAM APPOINTED TO THE LOCAL EMERGENCY PI,ANNING COMMITTEE (LEPC) Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, WaIt Cunningham was appointed to the Local Emergency Planning Committee. Mr. Cunningham will be replacing Mr. Perry Silva in his capacity as President of Fire and Rescue Association. 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 RUSSELL SNIDER APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE TO FILL UNEXPIRED TERM OF MARCUS LEMASTERS Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, Russell Snider was appointed to the ShawneeLand Sanitary District Advisory Committee to fill the unexpired term of Marcus Lemasters. This term will begin on September 12,2001 and expire on June 30, 2002. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 448 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 NED M. CLELAND REAPPOINTED TO FREDERICK-WINCHESTER SERVICE AUTHORITY Supervisor Reyes submitted the name of Aubrey L. Lillard for this seat on the Authority, and like wise, made the motion for his name to be considered. Supervisor Sager seconded the motion. The motion was defeated by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Dr. Ned M. Cleland was reappointed to the Frederick-Winchester Service Authority for a three year term, said term to expire August 31, 2004. 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 RESOLUTION (#014-01) CONDEMNING THE TERRORIST ATTACKS AND SUPPORTING THE PRESIDENT OF THE UNITED STATES IN DEFENDING AMERICA - APPROVED Administrator Riley read the following resolution: WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists; and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, D.C.; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew ofthe four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders; and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States; and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 49 WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit ofthe American people, and the best way to show these cowards that they have truly failed is for the people ofthe United States and their counties to stand tall and proud. NOW, THEREFORE, BE IT RESOLVED, that the governing board of the County of Frederick, Virginia condemns the cowardly and deadly actions of these terrorists; and BE IT FURTHER RESOLVED, that the governing board of the County of Frederick, Virginia supports the President of the United States as he works with his national security team to defend against additional attacks, and find the perpetrators to bring them to justice; and BE IT STILL FURTHER RESOLVED, that the governing board of the County of Frederick, Virginia recommends to its citizens to support relief efforts by giving blood at the nearest available blood donation center. Adopted this 12th day of September, 2001. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY TREASURER C. W. ORNDOFF, JR. ADDRESSED THE BOARD RE: ANNUAL REPORT Treasurer C. W. Orndoff, Ir., appeared before the Board at which time he presented his annual report. He requested Board approval on the following: 1. Abatements by Departments - $2,250.10 Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the abatements by departments in the amount of $2,250.1 0, for removal from the books by the county treasurer, were approved by the following recorded vote: Richard C. Shiekle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 2. Returned Checks to be Chaq~ed off as of June 30, 2001 Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, returned checks in the amount of$933.02, as ofJune 30, 2001, are to be charged off. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 450 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 3. Landfill Accounts to be Charl:ed Off as of June 30, 2001 Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the landfill accounts to be charged off as of June 30, 2001, were 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 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, authorization is hereby granted to the Treasurer to advertise the list of delinquent real estate taxes prior to the year 2000. 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 Supervisor Reyes inquired as to the larger atnounts and what was being done to collect satne. Treasurer Orndoff explained how this process worked. Chairman Shickle requested to have dates supplied in the future, and also the percentage for the year's car tax. Supervisor Smith asked the Treasurer his investment policy. Treasurer Orndoff explained how and where he invests the county's funds. REOUEST FOR ACOUISITION OF PROPERTY - LANDFILL - APPROVED Administrator Riley advised the Board that landfill staff is requesting approval to purchase two parcels of property adjacent to the entrance to the landfill. Parcel one for $12,500 and parcel two for $7,250 for a total of$19,750. This property will be used to augment the entrance to the new citizens' convenience area. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 451 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 PROCLAMATION (#01-01) - DAY OF REMEMBRANCE - APPROVED UNDER CONSENT AGENDA WHEREAS, the Annual Parents of Murdered Children for the family and friends of those lost to violence, Frederick County Day of Remembrance will be commemorated on September 25, 2001; and WHEREAS, Parents of Murdered Children helps survivors deal with acute grief in a safe, non-judgmental environment and helps them through the maze of the criminal justice system; and WHEREAS, the annual Day of Remembrance honors the memories of all children and adults lost to murder, allowing their silent voices to be heard and insights into the personal pain and loss of their families and friends; and WHEREAS, the annual Day of Remembrance provides an opportunity for the community to share in remembering those lives lost senselessly to violence; NOW, THEREFORE, the Frederick County Board of Supervisors does hereby proclaim September 25,2001 as *FREDERICK COUNTY DAY OF REMEMBRANCE* Adopted this Ith day of September, 2001. PROCLAMATION RE:(#02-01) OCTOBER 2001 AS MONTH OF CONCERN (CONCERN HOTLINE. INC.) - APPROVED UNDER CONSENT AGENDA WHEREAS, Concern Hotline, Inc. is an information, referral and crisis intervention organization serving the local communities of Frederick County, City of Winchester, and the Counties of Warren, Page and Shenandoah; and WHEREAS, the concept of Concern Hotline is to provide a listening ear in times of confusion, uncertainty, stress and crisis; and WHEREAS, the heart ofthe hotline system is volunteers who are average citizens who have committed to help those in need; and WHEREAS, the Concern volunteers are available 24 hours a day to provide assistance; and WHEREAS, designating the month of October as "Month of Concern" will help to educate the community about Concern Hotline, Inc. and how local agencies are able to utilize the service to also educate the public in what they do. NOW, THEREFORE, the Frederick County Board of Supervisors does hereby proclaim October, 2001 as *MONTH OF CONCERN* Adopted this 12th day of September, 2001. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 45 PROCLAMATION (#03-01)-FREDERICKCOUNTYFAMILYDAY -APPROVED UNDER CONSENT AGENDA WHEREAS, strong families form the basis of neighborhoods throughout Frederick County and are the foundation of our vibrant, just and peaceful society, and every child across our nation needs and expects parental love and guidance; and WHEREAS, the safety and peace of our citizens is daily threatened by the use of illegal drugs in our schools, homes, neighborhoods and workplaces, and the County of Frederick remains dedicated to reducing substance abuse; and WHEREAS, parents, above all others, are uniquely equipped to guide, care and provide for the welfare of their children, and the Frederick County Board of Supervisors recognizes the duty, ability, and fundamental right of parents to instruct their children; and WHEREAS, parents who remain involved with their children's activities greatly reduce the risk oftheir using tobacco or illegal drugs or abusing alcohol, and communication between family members is vital to the healthy growth and development of children and young people; and WHEREAS, eating dinner as a family enhances family unity, involvement, communication and support, and children from families that regularly eat dinner together are dramatically less likely to use tobacco, alcohol or illegal drugs; and WHEREAS, it is appropriate to honor the family as the most significant and important social unit, and to support the practice of regular family dinners among Frederick County families; NOW, THEREFORE, the Frederick County Board of Supervisors does hereby proclaim September 24, 2001 as *FAMILYDAY* Adopted this 12th day of September, 2001. RESOLUTION (#012-01) - REOUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGN - MIDDLE FORK ROAD (ROUTE 695) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Middle Fork Road (Route 695) is located in a residential area and is within the secondary road system and is a viable candidate for a "Watch for Children" sign, and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install a "Watch for Children" sign in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOL VED, that a certified copy ofthis resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 453 Passed this 12th day of September, 2001. REQUEST TO SCHEDULE WORKSESSION TO DISCUSS MASS TRANSIT FEASIBILITY STUDY - SCHEDULED FOR OCTOBER 10. 2001 PRIOR TO REGULAR BOARD MEETING - APPROVED Assistant Administrator Tierney presented this request to the Board. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the requested worksession will be held on October 10, at 6:00 P.M., prior to the regularly scheduled Board meeting. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#013-01) FROM NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION RE: PROPOSED ADDITION OF 5-COUNTY REGION TO THE APPALACHIAN REGIONAL COMMISSION - APPROVED This request was originally scheduled for approval under the consent agenda; however, Chairman Shickle advised that he had some questions. Stephen Kerr, Executive Director of Northern Shenandoah Valley Regional Commission, appeared before the Board to provide additional information and answer any questions the Board might have. He advised that originally, our 5-county region was eligible to be included in the ARC when it was first created in 1965; however, the counties "opted out" from participating in the program. Since then, the ARC has provided a substantial amount of funding to the participating local governments over the years. This assistance has helped local governments improve their infrastructure, spur economic development, increase jobs, etc. In addition, a significant amount of funding has also been provided to the local development districts (agencies like the regional commission) for planning and support ofthe program. He further advised the Board that the purpose of providing them this information is to learn oftheir interest in the proposal. He further advised that all the counties, with the exception of Clarke, have endorsed the program. Page County had to cancel their meeting; therefore, their decision will not be available until next month. Supervisor Reyes inquired as to how the county would benefit from this program. Mr. Kerr explained this program varies, but felt there were benefits for the county. Supervisor Sager moved to approve the following resolution with Supervisor Douglas Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 45 seconding the motion. Chairman Shickle stated the Board has been told of all the upsides to this program and he wondered about the downside Mr. Kerr replied that he was not aware of any. WHEREAS, a proposal has been made by the Northern Shenandoah Valley Regional Commission to request the addition of the five-county region to the Appalachian Regional Commission (ARC); and WHEREAS, Frederick, Clarke, Warren, Page, and Shenandoah Counties, as well as the City of Winchester, were originally eligible to be included in the ARC when it was first created in 1965; and WHEREAS, the region decided to "opt out" ofthe ARC when it was first being created; and WHEREAS, the ARC has provided a substantial amount of funding to the participating local governments over the years and this assistance has helped local governments improve their infrastructure, spur economic development, and increase jobs; and WHEREAS, in order for the region to be added back into the ARC, an Act of the United States Congress is required. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick, Virginia, as a memberjurisdiction ofthe Northern Shenandoah Valley Regional Commission, does hereby support the efforts of the commission to get the region added back into the Appalachian Regional Commission. Adopted this 12th day of September, 2001. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#010-01) REOUESTING THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE LEASE REVENUE BONDS FOR THE FREDERICK COUNTY GOVERNMENT COMPLEX FACILITIES - APPROVED Administrator Riley presented this request to the Board and explained he thought the new rate would be approximately 4%. Chairman Shickle asked what the savings would be on an annual basis. Administrator Riley replied approximately $30,000. Supervisor Reyes inquired as to whether there were any figures on the cost for the completion of the third floor. Administrator Riley explained given the information he has, this figure should not exceed Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 55 $800,000 and felt that it could be done for less. It was the Board's understanding that this funding was not to exceed $6.6 million. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following resolution was approved: The Board of Supervisors of the County of Frederick, Virginia ("County") has determined that it is advisable to refund the callable portion of the Industrial Development Authority of the County of Frederick, Virginia's $7,515,000 Lease Revenue Bonds (Frederick County Government Complex Facilities), Series 1994, issued on December 29, 1994 (the "1994 Bonds") to finance certain facilities for the County consisting primarily of the acquisition, construction and equipping of the County government complex (the "Project") and to finance certain improvements and renovations to the Project through lease revenue bonds ("Bonds") to be issued by the Industrial Development Authority of the County of Frederick, Virginia ("Authority"). The Bonds will be payable solely from the revenues derived from the Financing Lease, dated as of December 1, 1994 (the "Financing Lease"), as amended by the First Amendment to Financing Lease from the Authority to the County ("Amendment to Financing Lease") pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the outstanding 1994 Bonds and the Bonds. The Bonds will be issued pursuant to the following documents: (i) a First Supplemental Indenture of Trust between the Authority and The Bank of New York, as trustee ("Trustee"), with the form of the Bonds attached thereto; (ii) the First Amendment to Financing Lease; (iii) a Modification Agreement among the County, the Authority and the Trustee amending the Deed of Trust and the Assignment of Rents and Leases securing the 1994 Bonds; (iv) a Preliminary Official Statement ("Preliminary Official Statement") and an Official Statement ("Official Statement") with respect to the issuance and sale of the Bonds; and (v) a Bond Purchase Agreement (the "Bond Purchase Agreement") among the County, the Authority and Morgan Keegan & Company, as underwriter ("Underwriter"). All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Resolution as the "Basic Documents" . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum amount of $6,600,000 to be paid from revenues derived from payments made by the County pursuant to the Financing Lease, as amended by the Amendment to Financing Lease. 2. Authorization of Basic Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the Chairman of the Board of Supervisors or the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery ofthe Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Basic Documents to which it is a party are authorized. 3. Execution of Documents. The Chairman and Vice Chairman ofthe Board of Supervisors and the County Administrator, or any of them, are authorized to execute on behalf ofthe County the Basic Documents to which the County is a party, and, if required, the County Administrator is authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents ofthe County, are in all respects approved, ratified and confirmed. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 45 4. Sale of Bonds. The County Administrator and the Chairman of the Board of Supervisors or either of them, is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 6.5%, (ii) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (iii) the sale price ofthe Bonds to the Underwriter shall not be less than 97% ofthe aggregate principal amount thereof(not taking into account any original issue discount) and (iv) the final maturity ofthe Bonds shall be approximately the same as the 1994 Bonds to be refunded provided that any non-refunding portion ofthe Bonds shall mature not later than approximately 20 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Disclosure Documents. The County Administrator and the Director of Finance, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate preliminary official statement and official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the County Administrator, or such officers and agents of the County as he may designate, shall determine. The County Administrator and the Director of Finance, or either of them, is authorized to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 6. Nature of Obligations. Nothing in this Resolution, the Bonds or the Basic Documents shall constitute a debt ofthe County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease, as amended by the Amendment to Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this Resolution, the Bonds, the Financing Lease or the Amendment to Financing Lease shall constitute a pledge ofthe full faith and credit of the County. 7. Effective Date. This Resolution shall take effect immediately. Adopted this 12th day of September, 2001. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above resolution 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 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 $6.150.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES. A RESOLUTION (#011-01) Minnte Book Number 27 Board of Supervisors Meeting of 09/12/01 57 AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT THIS MEETING - APPROVED Administrator Riley presented this request to the Board. This expenditure is for the construction of Mill brook High School and architectural design ofthe eleventh elementary school. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, the Board of Supervisors (the "Board") ofthe County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow $6,150,000 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 September 12,2001 on the issuance of school bonds in an amount not to exceed $6,150,000. WHEREAS, the School Board of the County of Frederick, Virginia ("School Board") has requested by resolution the Board to authorize the issuance of the 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: I. 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 ofthe County in the aggregate principal amount not to exceed $6,150,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer 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 of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to 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 ofthe Bonds; shall be designated "General Obligation School Bonds, Series 200lB"; 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, 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 of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by 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 ofthe bonds to be issued by the VPSA (the Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 458 "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 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 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 of the 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: Paving 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 of the 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 July 15, 2011 to July 14, 2012, inclusive July 15,2012 to July 14, 2013, inclusive July 15,2013 and thereafter 100% Prices 102% 101% 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 of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 59 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, ifany, 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 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 of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, ifrequested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions ofthe 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 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 of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 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 ofthe 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 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 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 ofthe Board of Supervisors held on September 12, 2001, and ofthe whole thereof so far as applicable to Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 46 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. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 12th day of September, 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, II. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #10-01 OF ROUTE 37 SELF- STORAGE. L.L.C. FOR AN OFF PREMISE BUSINESS SIGN. THIS PROPERTY IS LOCATED AT 3862 VALLEY PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75-A-6-B-41-B IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planning Director Wyatt presented this request to the Board advising that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, CUP #10-01 was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, SI. - Aye W. Harrington Smith, II. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - REZONING (#05-01) OF TIMOTHY W. JOHNSON. SUBMITTED BY GREENW AYENGINEERING. TO REZONE 1.89 ACRES FROM RA (RURAL AREAS) TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS LOCATED AT 4489 MARTINSBURG PIKE (2.1 MILES NORTH OF CLEARBROOK ON THE WEST SIDE OF ROUTE 11) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 33-A-92 AND 33-A93 IN THE STONEWALL MAGISTERIAL DISTRICT. (CONTINUED FROM AUGUST 8. 2001 BOARD MEETING) - APPROVED Deputy Planning Director Lawrence presented this request to thc Board advising that staff and planning commission recommended approval ofthe rezoning with the proffers submitted by the applicant. Minute Book Number 27 Board of Supervisors Meeting of 09/12101 461 There was no public input. Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, rezoning request and the following ordinance amendment #05-01 of Timothy W. Johnson was approved as submitted: WHEREAS, Rezoning #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489 Martinsburg Pike (2.1 miles north of Clearbrook on the west side ofRt. 11), and is identified with Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 2, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12,2001; 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 that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition), 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 12th day of September, 2001. The above ordinance amendment 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 PUBLIC HEARING - REZONING #06-01 OF KEITH AND ROBIN RODGERS, SUBMITTED BY DOVE AND ASSOCIATES, INC. TO REZONE 15.986 ACRES FROM RA (RURAL AREAS) TO Ml (LIGHT INDUSTRIAL). THIS PROPERTY IS LOCATED AT 780 AIRPORT ROAD (ROUTE 645), WEST OF THE INTERSECTION OF ROUTE 645 AND VICTORY ROAD (ROUTE 728), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64-5-3 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Lawrence presented this request to the Board advising that staff and planning commission recommended approval. Supervisor Reyes asked what the total acreage was. Assistant Lawrence explained there is a total of twenty acres; however, only fifteen are bcing requested in this rezoning request. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 462 Supervisor Sager questioned the monetary contribution of $0.04 per square foot of new building structure to the County for utilization by fire and rescue services. He asked what would $400 buy. Director Wyatt explained how this calculation works. Supervisor Sager understands the calculation, but does not feel this amount is any where near what it should be. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the following ordinance amendment and rezoning request #06-01 was approved: WHEREAS, Rezoning #06-01 of Keith and Robin Rodgers, submitted by Dove & Associates, Inc., to rezone 15.986 acres from RA (Rural Areas) to Ml (Light Industrial). This property is located at 780 Airport Road (Rt. 645), west of the intersection ofRt. 645 and Victory Road (Rt. 728), and is identified with Property Identification Number 64-5-3 in the Shawnee Magisterial District.; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 1, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12,2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 15.986 acres from RA (Rural Areas) to Ml (Light Industrial), 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 12th day of September, 2001. The above ordinance amendment and rezoning 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 PUBLIC HEARING - REQUEST FOR EXPANSION OF URBAN DEVELOPMENT AREA (UDA) TO INCORPORATE APPROXIMATELY 110 ACRES. COMPRISED OF PARCELS 55-A-I05.106. AND 107 OWNED BY PATRICK A. MCTIERNAN. AND PARCEL 55-A 107-A OWNED BY PATRICK J. AND DEBORAH G. MCTIERNAN. THIS EXPANSION WOULD OCCUR ON THE NORTH SIDE OF Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 463 BERRYVILLE PIKE (ROUTE 7). ADJACENT TO RED BUD RUN. IN THE STONEWALL MAGISTERIAL DISTRICT. THE PROPERTIES ARE BOUNDED BY MORGAN MILL ROAD ON THE WEST. RED BUD RUN ON THE NORTH. STEEPWOOD LANE ON THE EAST. AND BERRYVILLE A VENUE ON THE SOUTH. WOODS MILL ROAD INTERSECTS A PORTION OF THE AREA. - (WITHDRAWN AT THE REOUEST OF THE APPLICANT PUBLIC HEARING - REOUEST OF THE ESTATE OF CHARLES W. RACEY TO REMOVE PARCEL 85-A-140. CONSISTING OF 132.15 ACRES. FROM THE DOUBLE CHURCH ROAD AGRICULTURAL AND FORESTAL DISTRICT. PURSUANT TO CODE OF VIRGINIA. SECTION 15.2-4314. - (WITHDRAWN AT REOUEST OF STAFF) PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. SECTION 165-5-(E) - COMPLIANCE REOUlRED: REOUlRED PERMITS. THIS AMENDMENT PERTAINS TO RADON RESISTANT CONSTRUCTION STANDARDS FOR RESIDENTIAL CONSTRUCTION STANDARDS REOUlRED BY THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE - DENIED Director Wyatt presented this proposed amendment to the Board. He advised that recently the Uniform Statewide Building Code was amended to provide localities with the option of requiring radon resistant construction standards for residential construction. Localities desiring to implement this standard are required to develop appropriate language that is to be included within the zoning ordinance. The Frederick County Public Works Committee has recommended that Frederick County adopt this standard. He further explained that the Development Review and Regulations Subcommittee (DRRS) considered a request from John S. Trenary, Frederick County Building Official, regarding this matter. They had several questions pertaining to the implementation ofthis standard by the Department ofInspections; however, they expressed no concern with the proposed text amendment. He further advised that Mr. Trenary pointed out that the amendment is for preventative measures only and pertains to new construction for any living space on a slab on grade, with crawl spaces being exempt. He further noted that Frederick County would not be involved in the testing aspect whatsoever. Supervisor Sager had numerous questions concerning this request. He asked if the county was under any obligation if this is adopted and what would happen if a citizen is non-compliant. Chief Inspector Trenary explained, once again, that this only applied to new construction. Bill Jeunette, Back Creek District, appeared before the Board at which time he explained of his recent experience with selling his home and radon inspection. Supervisor Sager moved to approve the zoning ordinance amendment for Radon Resistant Construction. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 464 There was no second to this motion. Supervisor Reyes explained that he was not comfortable with this request. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following ordinance amendment was denied: WHEREAS, An ordinance to amend Chapter 165, Zoning, Section 165-5(E), Compliance required permits, was considered by the Development Review and Regulations Subcommittee (DRRS) at their meeting ofJune 28, 2001. This amendment ensures that radon resistant construction measures shall be undertaken to meet the requirements ofthe Virginia Uniform Statewide Building Code. Radon resistant construction measures shall meet all applicable permitting and inspection requirements as a condition ofstruetural occupancy as described in Section 165-5(D) ofthis Chapter; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 18, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 12, 2001; 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 Section 165-5 Compliance required; required permits. 165-5(E) Radon resistant construction measures shall be undertaken to meet the requirements of the Virginia Uniform Statewide Building Code. Radon resistant construction measures shall meet all applicable permitting and inspection requirements as a condition of structural occupancy as described in Section 165-5(D) of this Chapter. This ordinance shall be in effect on the date of adoption. Denied this 12th day of September, 2001. The above ordinance amendment request was denied by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. TO ESTABLISH A NEW ARTICLE ENTITLED MEDICAL SUPPORT (MS) DISTRICT. THE ESTABLISHMENT OF THE NEW MS DISTRICT REOUlRES AMENDMENTS TO ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-27. OFF-STREET PARKING. PARKING LOTS: SECTION 165-30. SIGNS: SECTION 165-37. BUFFER AND SCREENING REOUlREMENTS: AND AMENDMENTS TO ARTICLE XXI. DEFINITIONS: SECTION 165-145. DEFINITIONS AND WORD USAGE. THE PROPOSED AMENDMENTS ARE INTENDED TO ESTABLISH A NEW ZONING DISTRICT WHICH ALLOWS FOR A VARIETY OF SUPPORT SERVICES AND RELATED RESIDENTIAL LAND USES TO SUPPORT MEDICAL USES AND SCHOOLS OF Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 465 MEDICINE - APPROVED Planning Director Wyatt presented this information to the Board at which time he advised them that the planning commission was unanimous in their approval of the new MS District as presented by staff. Director Wyatt asked the Board to turn to page 9. Chairman Shick1e questioned the word "orchard" in this section and asked if this would be understood in the future. He feels this question will come up again in the future, and referred to property in the South. Director Wyatt explained that he felt the wording in place would take care of any future concerns. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, An ordinance to amend Chapter 165, Zoning Ordinance to establish new article XVI-I, Medical Support (MS) District. The establishment of the new MS District requires amendments to Article IV Supplementary Use Regulations, Section 165-27, Off Street Parking, Parking Lots; Section 165-30 Signs; Section 165-37. Buffer and Screening Requirements; and Amendments to Article XXI Definitions, Section 165-145, Definitions and Word Usage. The proposed amendments are intended to establish a new zoning district which allows for a variety of support services and related residential land uses to support medical uses and schools of medicine; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 5,2001; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this 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 Chapter 165 is amended as described on the attachment. (A complete copy oHhis amendment is on file in the Office ofthe County Administrator and Planning Department in the County Code Book). This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shick1e - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye OTHER PLANNING ITEMS: SUBDIVISION ORDINANCE W AlVER REQUEST - WENDY BARUCH - Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 466 APPROVED UNDER CONSENT AGENDA Ms. Baruch wishes to subdivide her 7.6 acre property to create a family variance lot of 5.0 acres and to keep the remainder of approximately 2.6 acres. COMMITTEE REPORTS LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, August 9, 2001, at 8:00 a.m. All committee members were present. The following issues were discussed: 1. Revise Household Hazardous Waste Pro\:ram The landfill staff is currently in the process of preparing a Request For Proposals (RFP) for a contractor to collect and dispose of household hazardous waste. The staffis considering expanding the program from three (3) events per year to a weekly service. The attached notes provide a listing of pros and cons for this approach. Tentatively the landfill staff plans to hold one event in the fall and weekly events commencing in March or April of2002. 2. Electronics Recvclin~ Pr02ram In anticipation of ongoing efforts by the Environmental Protection Agency (EP A) to ban television sets and computer monitors from landfills, the landfill staff has planned an electronics recycling event for September 22,2001, at James Wood Middle School. This event is highlighted in the attached memorandum dated August I, 200 I. The committee discussed this issue at length and decided to endorse the pilot event and possibly consider combining this event with the weekly household hazardous waste events. Also, consideration was given to having the municipalities bear the cost of electronics recycling for their respective citizens. 3. Proiects Uudate A brief update was presented for the following landfill projects: a. Expansion ofthe Municipal Solid Waste landfill: This contract includes an eight (8) acre expansion being performed by Perry Engineering Company, Inc. The site has been prepared for the placement of the synthetic liners. This work should commence on or about August 20,2001. The contract is on schedule. b. ConstructionlDemolition Debris (CDD) Landfill Expansion: An RFP has been advertised for the construction of nine (9) acres ofCDD landfill expansion. The bids are due on August 16, 2001. c. New Citizens' Convenience Site: The design of the new citizens site is ongoing. It is anticipated that the project will be advertised on or about September 4, 2001. In the interim, the staffwill schedule a meeting with adjacent landowners to explain what the project consists of and how it will impact Sulphur Spring Road. 4. Closed Session A closed session was convened to discuss the acquisition of property. PUBLIC WORKS COMMITTEE Supervisor Orndoff presented this rcport. The Public Works Committee met on Tuesday, August 28, 2001, at 8:00 A.M. All members were present. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 467 The following items were discussed: ***Items Requiring Action*** 1. Renewal of Historic Resources Lease Aereement - Approved The committee reviewed and approved a one-year lease agreement with Historic Resources. 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 2. Fiscal Year 2000/2001 Carry Forwards - Approved The Director of Public Works presented the attached request dated August 27, 2001, to carry forward funds from the Fiscal Year 2000/2001 budget to the current Fiscal Year 2001/2002 budget. After discussing each line item, a motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve the proposed requests. The committee unanimously endorsed the motion. The landfill's carry forwards in the amount of$2,47l,307 are summarized in the attached memorandum dated August 27,2001, from Charles S. Frye, landfill manager. This request will be taken directly to the board of supervisors for their action. The remaining general fund requests will be submitted to the finance committee for their review and recommendations. 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 ***Items Not Requiring Action*** 1. Bowman Library Sidewalk Several complaints have been received from the homeowners' association at the Lakeview Condominiums regarding the concrete sidewalk on the library's property. Apparently, citizens are using the condo property as a short cut to reach the library property. In particular, bicycles are traversing the condos' sidewalks to reach the library's sidewalk which terminates short of the property leaving a 40 foot grass separation between the two sidewalks. The condominium homeowners view this condition as an attractive nuisance. After discussing this issue at length, the committee recommended that consideration be given to extending this sidewalk to Chinkapin Drive via the open space just east of the condominium property. The Director of Public Works will contact the respective homeowners to determine ifthey would be willing to grant us an easement for the sidewalk. In addition, staff will prepare a cost estimate for the sidewalk extension. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 468 2. Additional Construction Administration Services - Old Courthouse The committee reviewed and approved a proposal from Reader and Swartz Architects, P.C. for additional construction administrative services related to the renovation of the Old County Courthouse. This request amounts to an increase of$13,594 to the original contract. Contingency funds have been previously approved by the board of supervisors to cover this increase. Therefore, no additional funds will be required. 3. Miscellaneous Reports a) Tonnage Report (see Attachment 4) b) Recycling Report (see Attachment 5) c) Animal Shelter Dog Report (see Attachment 6) d) Animal Shelter Cat Report (see Attachment 7) FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on August 15,2001 at 8:00 A.M. Mr. Ronald Hottle and Supervisor Robert Sager were absent. The agenda items are as follows: At the directive of Chairman Shickle, the complete Finance Agenda needs to be read and acted upon at Board meetings, as he does not feel the condensed version presented at this meeting is appropriate. 1. The Office of the Commissioner of the Revenue requests the need for vehicles. See attached correspondence, p.I-5. The committee recommends that the appropriate vehicle request forms be completed and submitted to the September 19,2001 Finance Committee Meeting. 2. The Finance Director requests a General Fund supplemental appropriation in the amount of $472.659.01. a Library Construction Fund supplemental appropriation in the amount of $393.909.81 and an Airport Authoritv Capital Project supplemental appropriation in the amount of $175.242.00. These amounts represent outstanding purchase orders atJune 30, 2001. See attached list, p.6. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $1.200.00. This amount represents a donation to the DARE program and is requested to be placed in line item 3102-5413-000-00 I Drug Program. No additional local funds are needed. See attached memo, p.7. 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 Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 469 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $19.675.00. This amount represents an insurance reimbursement for an auto claim on June 30, 2001 and is requested to be placed in line item 3102-8005-000-000 Motor Vehicle and Equipment for the purchase of a new replacement vehicle. No additional local funds are needed. See attached memo, p.8. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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 5. The Building Official of the Inspections Department requests a General Fund supplemental appropriation in the amount of $1.694.25. This amount represents an insurance reimbursement for an auto claim and is requested to be placed in line item 3401-3004-000-002 Repair and Maintenance Vehicle. No additional local funds are needed. See attached memo, p.9. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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 6. The Director of F:ire and Rescue requests a General Fund supplemental appropriations in the amount of $32.650.00. This amount is requested to be carried forward from funds that were not expended in FY2001 and are requested to be placed in line items 3505-5605-000-000 SARA, Title III in the amount of $17,800.00 and line item 3505-5605-000-002 Hazardous Material Response in the amount of $14,850.00. See attached memo, p.lO. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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. The Administrative Manager of Social Services requests a General Fund supplemental appropriation in the amount of $31.234.03. This amount includes $25,953.03 in line item 5315- 3010-000-000 The Hard to Serve Grant and $5,281.00 for Adoptive Incentive funds to be placed Minute Book Number 27 Board of Supervisors Meeting of 09112/01 410 in line item 5302-5723-000-000 Adoption Incentive. No local funds are needed. See attached memo, p.ll. 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 8. The Director of Planning requests a General Fund supplemental appropriation in the amount of $3.000.000.00. This amount is requested to be carried forward from FY2001 in line item 8101-3001-000-001 Warrior Drive Construction for the Warrior Drive construction project. The maximum revenue reimbursement from the state is 50% of the project cost. See attached memo, p.12. Funding for this project is anticipated as $1,500,000.00 in state funds, $625,000.00 in recovered costs and approximately $900,000.00 in additional local funds. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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 9. Project Specialist of the Economic Development Commission requests a General Fund supplemental appropriation in the amount of$18,OOO.00. This amount represents expected private sector revenue from participating advertisers with the Washington Techway editorial/advertisement supplemental insert project and is requested to be placed in line item 8102-3007-000-000 Advertising. No additional local funds are needed. See attached memo, p.13. 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 10. The Regional Jail requests a Regional Jail supplemental appropriation in the amount of $35,981.22. This request would also require a General Fund supplemental appropriation in the amount of$12.035. 72. This represents the Frederick County share ofthe cost for a Lids Technician. Additional local funds are required. Scc attached memo, p.14-15. The committee recommends approval. - Approved Supervisor Reyes inquired about what this position was. Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 411 Superintendent Hildebrand advised this position deals with computers and is funded by the Compensation Board. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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 11. The President of the Shenandoah Apple Blossom Festival requests support for the publication of a historical book commemorating the seventy-fifth anniversary ofthe Shenandoah Apple Blossom Festival. See attached memo, p.16-l8. The committee recommends a $1,000.00 donation. - 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 12. The Director of Public Works requests a ShawneeLand Sanitary District appropriation in the amount of $289,000.00. This amount represents emergency road and drainage structure repairs due to flooding and is requested to be placed in line item 16-8108-3004-000-003 Repair and Maintenance of Buildings and Grounds. See attached memo, p.19-20. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, 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 13. The Superintendent ofthe Frederick County Schools requests the approval to change the funding of the total budget approval by fund starting in the FY02 adopted budget. Currently, the budget approval is funded by category. See attached memo and budget resolution, p.2l-25. The committee recommends that the request be forwarded to the Board of Supervisors without a recommendation from the committee. - Approved Not To Be Funded By Category. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the county school board will no longer be required to fund by category. This is effective with the FY02 budget. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 09/12/01 47 Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ***For Information Only*** 1. Attached is a letter from the Metropolitan Washington Ear, Inc. in appreciation for the $300.00 donation. See attached memo, p.26. 2. Attached is a letter from the Lord Fairfax Emergency Medical Services Council, Inc. in appreciation of the $18,826.00 contribution. See attached memo, p.2? BOARD OF SUPERVISORS COMMENTS Supervisor Reyes advised his fellow Board members, as well as the citizens of Frederick County, that in his new role as Chairman ofthe Democratic Committee, at no time will he let this office interfere with his decision making as a member of this Board. Supervisor Sager referred to the events that took place in New York City, the Pentagon, and in Pennsylvania yesterday, September 11, and the terrible toll of life and its devastating affect on so many lives. Weare one community and we should all help one another. 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. (TIME: 9:35 P.M.) , ...~4(J ;C./ r ~-- Uf11ln R. Riley, Jr Clerk, Board of Supervisors <2--JL.Q f 5J.. 0 0 ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~1l~L-T. ;'130k\ L.A--,-^ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 09/12/01