Loading...
HomeMy WebLinkAboutMarch 10, 1999 Regular Meeting 174 A Regular Me~ting of the Frederick County Board of Supervisors was held on March 10, 1999, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER Chairman Longerbeam called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board retired into executive session at 6: 15 p.m. prior to the regular meeting and in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A, (3) and (7) to discuss acquisition and disposilion of real estate and legal issues. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington 8mith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD W~~;lIDREW FROM EXECUTIVE SESSION Upon motior; :,1ade by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the board withdrew from exe("i.l;ve session. The above IT: ):l,)n was approved by the following recorded vote: James L. Loq.;~..beam - Aye Richard C. Shi:kle - Aye W. HarringteJIl Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sag~r - Aye Charles W. Orndoff, Sr. - Aye BOARD RE!~ONVENED INTO REGULAR SESSION Upon motion I,,:tde by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened iI,' l\ regular session and certified nothing other than what was noted as reason for going into executive. 'c.sion was discussed. The above motion was approved by the following recorded vote: James L. Lom,l:rbeam - Aye Richard C. ~~t;.'kle - Aye 175 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye INVOCATION The invocation was delivered by Reverend Ross Halbersma of the New Hope Alliance Church. ADOPTION OF AGENDA County Administrator John Riley requested the addition of the following item to be included under Tab E: ...,,*' A Resolution for HP Hood Inc. Authorizing the County Administrator to Execute a Memorandum of Understanding and the Payment of $500,000 to the Frederick County Industrial Development Authority. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the board adopted the agenda as amended and was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Tab B: Proclamation Re: Youth Appreciation Day; 2. Tab C: Approval of the Shenandoah Valley Private Industry Council's 1999-2000 Plan of Service for Service Delivery Area 4; 3. Tab D: Memorandum and Resolution Re: ShawneeLand Lots Owned by the Sanitary District; 4. Tab F: Resolution Authorizing Submission of an Application for a Community Development Block Grant Economic Development Open Submission - Kraft Foods Plant; 5. Tab G: Resolution Re: revenue Sharing Application - Warrior Drive; 6. Tab M: Subdivision Application #10-99 - Viola DeTestafano; 7. Tab N: Subdivision Application #04-99 - JASBO, Inc.; 8. Tab Q: Parks and Recreation Commission Report; 9. Tab R: Landfill Oversite Committee Report; and 10. Tab S: Public Works Committee Report. 176 Supervisor Orndoff agreed to approve the Landfill Oversite Committee Report under the Consent Agenda but asked that the following amendment be made to the report. Citizen member Mike Noel was absent for this meeting and 1. Craig Sewell was present. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the Consent Agenda was approved as presented and to include the amendment to the Landfill Oversite Committee Report. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sa5er - Aye Charles W. Omloff, Sr. - Aye CITIZEN (?J_\1MENTS Lewis Costello, City Resident. on behalf of Steve Chadwell (Resident ofSteohens City)- Mr. Costello advised the board that Mr. Chadwell was opposed to his property being included in the Town of Stephens Cit:;' s Boundary Line Adjustment proposal. ROBERT CARPENTER APPOINTED TO THE FREDERICK COUNTY SANITATION AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, Robert Carpenter was appoirted to serve as the Member-at-Large on the Frederick County Sanitation Authority. This appo:ntment is for a four year term commencing on April 15, 1999, and ending April 15,2003. This appoi:1~ment will replace Dr. Ned Cleland whose term will expire April 15, 1999. Chairman L(':1g~rbeam requested the county administrator to send a special letter of thanks to Dr. Ned Cleland f'Or his years of service on the authority. PROCLAMA TION (#004-99) - YOUTH APPRECIA TION DAY - APPROVED UNDER CONSENT AGENDA PROCLAMATION YOUTH APPRECIATION DAY WHEREAS, April 10, 1999, has been designated by the Optimist Club of Winchester as Youth Appreciation Day; and WHEREA~;, the development of our youth of today will build the leadership oftomorrow; and WHEREA8, the vast majority of our youth provide services to the betterment of our community through participation and leadership in a variety of school, community and religious activities; and 177 WHEREAS, the Optimist Club of Winchester is bringing these achievements and deeds to the attention of others; and WHEREAS, Youth Appreciation Day provides us with an excellent opportunity to recognize these dedicated youths and thank them for their endeavors; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors proclaims Saturday, April 10, 1999 as Optimist Youth Appreciation Day in Frederick County, Virginia, and by doing so, calls this observance to the attention of all our citizens; and BE IT FURTHER RESOLVED, that this action publicly expresses confidence in the ability of to day's youth as they assume responsible roles in the future of humankind. ADOPTED this 10th day of March, 1999. REOUEST FROM LORETTA SNOW. FISCAL OFFICER FOR SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL. TO APPROVE THE 1999-2000 PLAN OF SERVICE FOR SERVICE DELIVERY AREA 4 - APPROVED UNDER CONSENT AGENDA The Shenandoah Valley Private Industry Council submits each year an Annual Plan from eleven of the sixteen political jurisdictions in the service delivery area. The 1999-2000 Summary of Planned Operations was presented to the board and provides programs funded by Congress and includes services provided under the Job Training Partnership Act. This organization contracts with Tri-County Virginia O.I.C. to provide the Job Training Partnership Act and the Economic Dislocation and Worker Adjustment Assistance program and with the Frederick County Schools who conduct the summer youth program. This plan is on file in the Frederick County Administrator's Office. RESOLUTION (#033-99) REOUESTING THE SALE OF SUA WNEE-LAND SANITARY DISTRICT LOTS DESCRIBED AS LOT 88. PLAT 5. SECTION A. AND LOT 90. PLAT 5. SECTION A - APPROVED UNDER CONSENT AGENDA RESOLUTION SALE OF SHAWNEE-LAND SANITARY DISTRICT LOT WHEREAS, pursuant to Section 21-118, Code of Virginia (1950, as amended) the governing body of a sanitary district shall have the power and duties, subject to the conditions and limitations prescribed therein, to sell property determined to be in the best interest of the sanitary district, WHEREAS, the Board of Supervisors of Frederick County, Virginia, the governing body of the Shawnee-Land Sanitary District, resolved, after a public hearing held on May 10, 1989, and after finding that it is in the best interest of the Shawnee-Land Sanitary District, to sell real estate described as Lot 88, Plat 5, Section A and Lot 90, Plat 5, Section A, NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, authorizes the Shawnee-Land Sanitary District, by its manager, or designated agent, to sell this real estate and execute this quitclaim deed, on its behalf, to the successful bidder, hereinafter called the Grantee. ADOPTED this 10th day of March, 1999. RESOLUTION (#035-99) REOUESTING INDUSTRIAL ACCESS ROAD FUNDS FOR HP HOOD INC. . APPROVED 178 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following resolution was approved: RESOLUTION OF SUPPORT INDUSTRIAL ACCESS ROAD FUNDS - HP HOOD INC WHEREAS, HP Hood Inc. has optioned property located in the County of Frederick and will soon enter into a firm contract to construct its facilities on that property for the purpose of producing dairy products; and WHEREAS, the new facility is expected to involve new private investment in land, building, and manufacturing equipment of approximately $70,000,000 and HP Hood is expected to employ 170 persons at this facility; and WHEREAS, manufacturing operations are expected to begin at this new facility on or about April, 2000; and WHEREAS, the property on which this facility will be located has no access to public street or highway and required the construction of a new roadway which would connect to U. S. 11; and WHEREAS,lne County of Frederick hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; NOW, THEREFORE, LET IT BE RESOLVED THAT the County of Frederick Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this new manufacturing facility; and BE IT FURTHER RESOLVED THAT the County of Frederick Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the road system ofthe Commonwealth of Virginia Secondary System of Highways. PASSED this lOth day of March, ]999. The above resolution was approved by the following recorded votes: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harringto.1 Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MEMORANDUM OF UNDERSTANDING FOR HP HOOD INC. - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Memorandum of Understanding for HP Hood Inc. was approved as presented and is on file in the Frederick County Administrator's Office. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harringtun Smith, Jr. - Aye Margaret B. Dduglas - Aye Robert M. Sa:.~er - Aye Charles W. Orndoff, Sr. - Aye 179 RESOLUTION (#036-99) FOR HP HOOD INe. AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE FULLY APPROVED MEMORANDUM OF UNDERSTANDING AND THE ISSUANCE OF PAYMENT TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR $500.000 - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the following resolution was approved: RESOLUTION HP HOOD INC. Upon motion duly made by W. Harrington Smith, Jr., seconded by Margllfet B. Douglas, and on the votes hereafter recorded, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $500,000 to be designated to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for HP Hood Inc. BE IT RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. .,'...." BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the county administrator to execute this document on its behalf ADOPTED, this 10th day of March, 1999. ~ The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#034-99) AUTHORIZING SUBMISSION OF AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT OPEN SUBMISSION - KRAFT FOODS PLANT - APPROVED UNDER CONSENT AGENDA RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT OPEN SUBMISSION WHEREAS, the Kraft Foods Plant in Frederick County has been selected for a significant expanSIOn, WHEREAS, this expansion will result in the creation of200 new jobs, of which at least 51 percent will be available to low- and moderate-income persons; and, WHEREAS, iu order to lessen the impact of the increased wastewaterJl.ow and attending increases in BOD, TSS and FOG, Kraft Foods needs to install a wastewater equ;Hization tank off-site, and WHEREAS, the Virginia Department orHousing and Community Development has reserved an appropriation of Community Development Block Grant funds for economic development type 180 projects, and Frederick County is eligible to apply for a grant in the amount of$280,000 to assist in providing the necessary off-site improvements, NOW, THEREFORE, BE IT RESOLVED that pursuant to two public hearings the Frederick County Board of Supervisors wishes to apply for $280,000 of Virginia Community Development Block Grant funds, Economic Development Open Submission Funds for the construction of a wastewater equalization tank. The accompanying expansion will include $11.2 million in private investment; and BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to sign and submit the appropriate documents for submittal of this Virginia Community Development Block Grant application. PASSED this 10th day of March, 1999. RESOLUTION (#037-99) RE: REVENUE SHARING APPLICATION - WARRIOR DRIVE - APPROVED UNDER CONSENT AGENDA RESOLUTION OF SUPPORT "REVENUE SHARING PROGRAM" FOR WARRIOR DRIVE WHEREAS, the County of Frederick desires to submit an application for the improvement and expansion of Warrior Drive through the Virginia Department of Transportation "Revenue Sharing Program"; and WHEREAS, the improvement and expansion of Warrior Drive between Fairfax Pike (Route 277) and Tasker Dive (Route 642) will establish a north-south major collector roadway which will alleviate traffic congestion and improve the Level of Service at the Interstate 81, Fairfax Pike and Aylor Road (Route 647) interchange area; and WHEREAS, the County of Frederick is willing to enter into an agreement with the Virginia Department of Transportation to expedite the design and construction Warrior Drive, in which the County of Frederick will apply for funding through the "Revenue Sharing Program" annually until the project cost is achieved and will initiate the design and construction. The Virginia Department of Transportation will provide assistance with right-of-way and utility issues, as well as initiate the design and construction of Warrior Drive. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors supports the application to improve and expand Warrior Drive through the Virginia Department of Transportation "Revl'::.ue Sharing Program." PASSED thi~ 10th day of March, 1999. PUBLIC HEARINGS PUBLIC HEARING- PROPOSED TALL GRASS ORDINANCE - AN AMENI>MENT TO THE FREDERICK COUNTY CODE. CHAPTER 122. NUISANCES. BY DELETING AND REPEALING SECTION 122-5. MOWING AND CLEARING UNDEVEL07ED LOTS. AND ADDING A NEW SECTION 122-5. CUTTING OF GRASS. WEEDS. AND FOREIGN GROWTH REOUIRED. NOTICE: AND SECTION; 1,1-5.1 WORK DONE BY COUNTY: COSTS TO BECOME LIEN: AND TO AMEND SECTION 122-9. ENFORCEMENT - APPROVED County Adnun:strator Riley presented this request and stated no additional staff would need to be hired to enfor~e.~lls amendment if approved. The chairman called for public comment and no one appeared before the board to address this proposed amendment 181 Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., the following amendment was approved: BE IT ORDAINED, that Chapter 122, Nuisances, by Deleting and Repealing Section 122-5, Mowing and Clearing Undeveloped Lots, and to add a new Section 122-5, Cutting of Grass, Weeds and Foreign Growth Required, Notice; and Section 122-5.1, Work Done by County, Costs to Become Lien; and to Amend Section 122-9, Enforcement, to read as follows:. Chapter 122 NUISANCES ~ 122-5. Cutting of grass, weeds, and foreign growth required; notice. ,,' It shall be unlawful for the owners of developed or undeveloped property located in a platted residential subdivision, within a residentially zoned district [ RP - Residential Performance, R4 - Residential Planned Community, R5 - Residential Recreational Community, and MHl - Mobile Home Community] to permit grass, weeds and other foreign growth standing more than eighteen (18) inches in height to remain on property which lies within one-hundred (100) feet of any dwelling or building. Any person who fails, refuses or neglects to cut or remove such grass, weeds and other foreign growth to a height not to exceed three (3) inches, within 10 days after receiving written notice to do so from the Zoning Administrator or other properly designated official, shall be guilty of a violation. ~ 122-5.1. Work done by county; costs to become lien. In the event of a violation of this Article, the Zoning Administrator or other properly designated official, may have such grass, weeds or other foreign growth cut. by. its own agents or employees, in which event the reasonable cost thereof shall be chargeable to and paid by the owners of such property and may be collected by the county as taxes and levies are collected. Every charge authorized by this section with which the owners of any such property shall have been assessed and remains unpaid shall constitute a lien against such property. ~ 122-9. Enforcement. '~(f. " Both the Sheriff and the Health Officer shall, in addition to their other duties, be specifically charged with the enforcement of the provisions of this chapter, with the exception of~ 122-5, which shall be the responsibility of the Zoning Administrator. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ~). PUBLIC HEARING - PROPOSED CHANGE TO COUNTY VEHICLE LICENSES ORDINANCE - AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC. BY AMENDING ARTICLE m. COUNTY VEHICLE LICENSES: SECTION 158-13. TRANSFEROF LICENSE. BY THE ADDITION OF PARAGRAPH C. THE PROPOSED ORDINANCE AMENDMENT WILL ALLOW FOR THE TRANSFER OF LICENSE FROM ANOTHER LOCALITY WITHIN THE COMMONWEALTH. WITH A REMAINING PERIOD OF VALIDITY OF LESS THAN TWELVE (12) MONTHS. FORA LICENSE TAX. FEE. OR CHARGE OF ONE DOLLAR (S1.00) - APPROVED County Administrator Riley presented this amendment. The chairman called for public comment on this amendment request and no one appeared .1:.82 before the board. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the following amendment was approved: BE IT ORDAINED, that Chapter 158, Vehicles and Traffic, by amending Article III, County Vehicle Licenses; Section 158-13, Transfer of License, by the addition of paragraph C., to read as follows: CHAPTER 158 VEHICLES AND TRAFFIC ~ 158-13.C Transfer of License If any motor vehicle is initially required to be licensed in the county at such time as the license thereby required shall be valid for a period ofless than eleven (11) months and such motor vehicle had and displays a valid license by a county, city, or town of this Commonwealth outside the County of Frederick with a remaining period of validity ofless than twelve (12) months, such other local license shall be transferred and a county license issued therefor upon application and payment of a transfer license tax, fee, or charge of one dollar ($1.00) provided that the owner of such vehicle remains the same. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REOUEST FOR APPROVAL OF A RESOLUTION (#039-99) FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY IN THE ESTIMATED MAXIMUM AMOUNT OF $4.650.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES - APPROVED County Administrator Riley presented this request. The chairman called for public comment on this request and no one appeared before the board. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the following resolution was appro"cd: A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,650,000 GENERAL OBLTGA nON SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA, TO BE SOLD TO TH}~ VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREA~, t.le Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $4,650,000 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 wjth Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on March 10, 1999, lll' the issuance of school bonds in an amount not to exceed $4,650,000. 183 WHEREAS, the School Board of the County 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: 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 an aggregate principal amount not to exceed $4,650,000 (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 of the 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, 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 a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of$5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1992"; 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, 1999, ( or such other date or dates as the County Administrator may approve) at the rates established in accordance with.,paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County: Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 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 (0.1 0%) ov~.ltthe interest rate to be paid by the VPSA for the corresponding principal payment date ofthe bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1;2%) 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 of the &nds 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. .;~ '1'i' ~ 5. Form of the Bonds. The Bonds shall be initially in the form IJfp single, temporary typewritten bond substantially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. the Bonds: Pavment: Paving Agent and Bond Registrar. The following provisions shall apply to (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 1:84 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) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Preoa\'ment or Redemotion. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2010, 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, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15,2010, 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, 2010, 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, 2010 to July 14, 2011, inclusive................................................... July 15, 2011 to July 14,2012, inclusive................................................... July 15, 2012 and thereafter...................................................................... 102% 101 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as deM:ribed 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 (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 re,-\uested by the VPSA. 8. ExecuLlon 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 ofthe County thereto. 9. Pledb(c 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 shaH be levied and collected in accordance with law an annual ad valorem tax upon all taxable property :n 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 addit;011 to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriate for such purpose. 10. Use of Proceeds Certificate: Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use ofProcerds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf ofthe 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 Vovisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 1-85 11. State Non-Arbitrall:e Program: Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, 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 BOlP"d and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct from the minutes of a meeting of the Board of Supervisors held on March 10, 1999, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was 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 ofthe County of Frederick, Virginia, this JOlh day of March, 1999. The above motion was approved by the following recorded vote: ."., , ~ James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye <. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - RESOLUTION (#038-99) APPROVING THE 1999 PRIMARY ROAD IMPROVEMENT PLAN - APPROVED 18E? Planner II Michael Ruddy presented this plan which establishes priorities for improvements to the interstate and arterial road network within Frederick County. The approved plan will be presented to the Commonwealth Transportation Board for funding consideration and will be held on Friday, March 19, 1999, at the Augusta County Government Center. Supervisor Sager stated that he understood the Route 277/642 intersection will be engineered to comply with the 1-81 improvements in order that there will not be any rebuilding when 1-81 is widened. The improvements will be locked in. He also reported that in a recent V ACo newsletter he read, legislation was passed directing localities and governing bodies to be included in road improvements. Supervisor Smith asked that the minutes reflect a conversation he had with the Department of Transportation' s Resident Engineer Jerry Copp regarding Route 642. Even though improvements to this route are in the county's Secondary Road Improvement Plan, it will be involved in the Primary Road Improvement Plan. He has been assured that Route 642 will go across 1-81 to Route 11 somewhere near the Opequon. If the 1-81 improvement project comes first, Route 642 improvements will be included. Should the Route 37 Bypass improvements come first, then the Route 642 improvements will be incorporated in this project. The chairman called for public comment on this proposed plan and the following comment was received: ClitTCrowder. Gainesboro District: He is in favor of the Commuter Park and Ride Lots being considered as a high priority. He works in the Washington, D.C. area and participates in a van pool and available park;ng for personal vehicles is becoming a critical issue. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the 1999 Primary Road Improvement Plan (filed in the Frederick County Planning and Development Office) was approved as prcsel1ted by the following recorded vote: James L. Longerbeam - Aye Richard C. Shlckle - Aye W. Harringtol1 Smith, Jr. - Aye Margaret B Douglas - Aye Robert M. Sii~er - Aye Charles W. Ul"ldoff, Sr. - Aye End of Publk Hearing Items. MASTER DEVELOPMENT PLAN (#01-99) - OAKDALE CROSSING n - APPROVED 187 Director of Planning and Development Kris Tierney presented this request. This property is located on the south side ofSenseny Road (Route 657) adjacent to the southern limits ofthe Oakdale Crossing subdivision in the Shawnee Magisterial District, property ill numbers 64-A-117 and 64-A- 119. The Planning Commission, at their meeting of February 17, 1999, recommended approval of this request contingent upon the applicant's ability to adequately address all comments or concerns of the Planning Commission, the Board of Supervisors, as well as any technical comments of all . . reVIew agencies. Supervisor Sager asked iffurther development could take place without board approval. Mr. Tierney advised that further phases for approved subdivisions could not take place until the Master Development Plan was presented to the board for approval. The primary issues of concern are road connectors with future phases. Currently, there is only one access to Senseny Road. Before any other phases are approved, another access would have to be developed to Route 50 or Senseny Road and this would have to come back to the board. Upon motion made by W. Harrington Smith, Jr., seconded by CharlesW. Orndoff, Sr., this Master Development Plan #01-99 for Oakdale Crossing II was approved, as presented, by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye '".'!''' ... SUBDIVISION APPLICA nON (#10-99) - VIOLA M. DETESTAFANO - APPROVED UNDER CONSENT AGENDA This property is located at the intersection of Front Royal Pike (Route 522) and Bentley Avenue, in the Shawnee Magisterial District, and identified as property ill nU\Dber 64-2-A. The Planning Commission, at their meeting of March 3, 1999, recommended approval of this subdivision application contingent on the applicant's satisfYing all review agency comments, and including Lot 2 in the Chapel Hill subdivision. SUBDIVISION APPLICATION (#04-99) - JASBO. INC. - APPROVED UNDER CONSENT AGENDA This property is located on the west side of Shady Elm Road (Route 65J ),south of Winchester Bypass (Route 37), located in the Back Creek Magisterial District, and identified as property ill number 63-A-60. The Planning Commission, at their meeting of March 3, 1999, recommended 188 approval of the subdivision contingent on the applicant satisfYing all review agency comments. COUNTER OFFER TO THE TOWN OF STEPHENS CITY'S BOUNDARY LINE ADJUSTMENT PROPOSAL - APPROVED. Director of Planning and Development Kris Tierney appeared before the board at which time he asked the board to advise staff what area(s) the county would be willing to include within the boundary line adjustment (BLA) proposed by the Town of Stephens City (presented to the board at their meeting held January 27, 1999, and public hearing held on February 27, 1999). Mr. Chadwell who owns a parcel of more than 100 acres north of Stephens City has expressed opposition to his property being included within the Town of Stephens City along with Mr. Bowman who owns property south of Route 631 which is also included in the proposed BLA. The Shenandoah Valley Christian Academy has indicated their willingness to be included in this BLA. Mr. Tierney advised that the number of individuals that signed the petition in opposition to the BLA, would not be affected by the proposed boundary line adjustment. Supervisor Sager moved and Supervisor Douglas seconded the motion to accept the Town of Stephens City's Boundary Line Adjustment as presented. This motion was denied by the following recorded vote: James L. Longerbeam - Nay Richard C. Shickle - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Nay Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., the board requested staff to p..e!;~nt a counter offer to the proposal submitted by the Town of Stephens City. This proposal would be a Boundary Line Adjustment excluding the Chadwell property located north of Stephens City in addition to property south of Route 631 referred to as the "Bowman" property. The above mc.tion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Nay Robert M. Sager - Nay Charles W. Orndoff, Sr. - Aye REOUEST TO SCHEDULE PUBLIC HEARING REGARDING A PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING REDUCED FRONT YARD SETBACKS FOR PROTECTIVE ENTRANCE CANOPIES - APPROVED Zoning Adm'nistrator Eric Lawrence presented this request. This zoning ordinance 189 amendment would allow the placement of protective entrance canopies and, associated support structures within the front yard setback areas. Areas that might utilize this proposed amendment include funeral homes, schools, churches, day care facilities, and libraries. A 20-foot canopy setback is being proposed by staff that would allow for a canopy to cover what would commonly be parking spaces or driveways. The setback would also maintain an area that would be structure-free and future road widening projects would not be complicated by the placement of structures within the areas necessary to expand right-of-ways. Mr. Stephen Gyurisin with G.W. Clifford & Associates, appeared before the board to address questions. He advised the board that this amendment would apply to all buildings as long as the 20- foot setback requirements could be met. The board had no objections to scheduling this zoning ordinance amendment for public hearing. ,..,_.:~ PARKS AND RECREATION COMMISSION REPORT - MEETING OF FEBRUARY 16. 1999 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 16, 1999. Members present were: Charles Sandy, Robert Hartman, Jane Vickers, Cheryl Swartz, Steven Spitzer, Robert Roper, and Margaret Douglas. The following items were submitted for the board's information only: -' 1. Proffer Waiver Request Mr. Roper moved to deny Greenway Engineering's request to reduce,~ cash proffer to the Parks and Recreation Department, proportionate to the cost of constructing ,a trail system, in a proposed housing development in the Senseny Road area, second by Mr. Hartman, carried unanimously (6-0).' 2. Policv Revision Mr. Hartman moved to accept revisions to the Field Use Policy, sec011P by Mrs. Vickers, carried unanimously (6-0). 3. Back Creek Gym Mr. Roper moved to approve the addition of an office area/restrooms to the proposed Back Creek School to allow use of the gym for recreational programs and to pay. for the project with proffer funds credited to the Parks and Recreation Department's account, second by Mr. Hartman, carried unanimously (6-0). 4. Public Relation Committee Report Mr. Spitzer moved to accept Introductory Scuba Diving as a new program offering this summer, second by Mrs. Vickers, carried unanimously (6-0). LANDFILL OVERSITE COMMITTEE REPORT - MEETING OF FEBRUARY 19. 1999 . APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Friday, February 19, 1999, at 8:00 a.m. in the first 190 floor conference room at the Frederick County Administration Building. Present were committee members Gary Lofton, Craig Sewell, Charles W. Orndoff, Sr., Jim Wilson, and staff members Director of Public Works, Harvey E. Strawsnyder, Jr., P.E., Landfill Manager, Steve Frye, and Environmental Technician, Ron Kimble. Mike Noel was absent. Executive Session An executive session was convened to discuss the acquisition and disposition of property for the landfill. The results of these discussions will be submitted to each jurisdiction for their review and resolution. A resolution will be required from each jurisdiction before action can be taken on the actual acquisition of the property under consideration. PUBLIC WORKS COMMITTEE REPORT - MEETING OF FEBRUARY 23. 1999- APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, February 23, 1999, at 7:30 a.m. All members were present except Jim Wilson. The following items were discussed and require action by the board: 1. Relocation of Back Creek (Gainesboro) Compactor Site For the past two (2) years, we have attempted to locate another site in the vicinity of Gainesboro to accommodate a citizens' convenience area. Unfortunately, our efforts have proven fruitless. Recently, we were approached by several of the newly elected directors of the Summit subdivision with the idea oflocating a convenience area on property owned by the Summit. As a result of their inquiry, we have located a site which would be ideal for a citizens' convenience area because of excellent road access and availability of three-phase power. Consequently, we are recommending that the funding currently provided for the relocation of the Round Hill convenience site be reallocated to the development of a new site at the Summit. This approach would allow us to close the existing Gainesboro site which is partially located on a Virginia Department of Transportation right-of-way and cannot be expanded to accommodate fencing. The new site will be fenced and screened. A multi-year lease and a site plan will be required before we commence construction. A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve this change in priority with the stipulation that no additional funds will be required beyond the allocation in the current FY 98/99 budget. The motion was unanimously approved. The followinJ .tems were discussed and submitted for the board's information only: 1. Update 0'1 ShawneeLand Dam The director of public works provided the committee with a brief update concerning the emergency grouting efforts and hydraulic improvements at the ShawneeLand dam site. The recent discovery of a sinkhole within the reservoir has prompted the staff to engage the services of Hayward-Baker, Inc., a specialty contractor who specializes in compaction grouting. Their crew has been mobilized to grout the voids which have developed under the dam's foundation. It is hopeful that the grouting program will eliminate a majority of the leakage which was occurring through the left abutment. The lake level has been drawn down at least 20 feet to accommodate the grouting program. To facilitate futur(' ~raw-down efforts which do not require extensive pumping, staff has recommended the instalhtion of a multi-stage siphon system. Ricketts Construction Company, Inc. has been contracted tc install this system as soon as possible to take advantage of the low water level. 2. Revised ~did Waste Ordinance The public \","orks staff is in the process of revising the existing solid waste ordinance. 191 Because of the changes at the state level within the last ten (10) years, it will be necessary to completely rewrite our current ordinance. It is anticipated that a draft of the revised ordinances will be available for the April committee meeting. 3. New Stormwater Ordinance A new stormwater ordinance is currently being drafted by staff with the assistance ofan ad- hoc committee consisting of members from the construction, development, design and environmental communities. It is hopeful that input from these diversified areas will minimize negative comments and provide a useful document for addressing stormwater issues related to new development in Frederick County. It is anticipated that a draft of this ordinance will be available for the April committee meeting. 4. New Library Desien A preliminary design of the new Lakeside Library was presented for the committee's comments. Generally, the committee indicated that they were not impressed by the exterior design. Most members indicated that the design appeared to resemble a "Chicken house." More favorable comments were made about the interior layout. The library board has maintained that they want a single level design to minimize operation costs even though a multi-story building would be more cost effective to build. The sketches provided by the architect will be presented to the board of supervisors during their February 24, 1999, meeting to obtain their reaction to the design. 5. Miscellaneous Reports , a. Tonnage Report (see Attachment 1); b. Recycling Report (see Attachment 2); c. Animal Shelter Cat Report (see Attachment 3); and d. Animal Shelter Dog Report (see Attachment 4). .,i\ BOARD OF SUPERVISORS COMMENTS Supervisor Sager apologized for missing the last board meeting which was his first in the eight years he has served on the board. '" County Administrator Riley requested the board's approval of scheduling a meeting date for May 13, 1999, at 7:15 p.m. for the Government 12 Learning Service Program tQ,present their final reports to the board UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, THE MEETING ADJOURNED AT 8:00 P.M. AS THERE WAS NO FURTHER BUSINESS PRESENTED TO THE BOARD. ,/i ~'"~~ mes L. Longerbes.m ______.. Chairman, Board of Supervisors Minutes Prepared By: ~ ~$fA Cath . Tanner Administrative AlIlIlstant