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HomeMy WebLinkAboutMarch 12, 1997 Regular Meeting Ii I I I 1209 A Regular Meeting of the Frederick County Board of Supervisors was held on March 12, 1997, at 7: 15 p.m., in the Board of Supervisors' Meeting Room, Frederick 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 The Chairman called the meeting to order. INVOCATION The invocation was delivered by Pastor Ruth Crum Stotler of the Church of the Good Shepherd. ADOPTION OF AGENDA The following amendments were requested to the agenda: 1. County Administrator John Riley requested time at the end of the meeting to discuss the FY 1997-1998 proposed budget; 2. Supervisor Smith requested time under County Officials, item number one, for Ellen R. Davenport with the Virginia Association of Counties to address the board. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was approved as amended by the following fecorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley requested the following tabs for approval under the consent agenda: 1. Request from the Department of Planning and Development to Schedule Public Hearing Date for Planning Commission Items - Tab C; 2. Request from Loretta D. Snow, Fiscal Officer, Shenandoah Valley Private Industry Council (PIC) to Approve the 1997-1998 Summary of Proposed Operations - Tab D; 3. Request from the Frederick County Farm Bureau for the Board's Endorsement of the Potomac River Basin Strategy - Tab E; 4. Subdivision Application #001-97 ofThe Summit, I-B Addition - Tab K; and 5. Transportation Committee Report - Tab M. 210 Supervisor Smith requested that item number three under the Transportation Committee report be pulled from the consent agenda for discussion. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the consent agenda, as noted above with the exception of item number three under the Transportation Committee Report, was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. Bruce Armstron2 - Back Creek District: Mr. Armstrong appeared before the board and stated he represented the residents living along Laurel Grove Road, specifically the 1.3 mile section between Longview Acres and Cedar Creek Grade. He basically expressed concern with the way the Secondary Road Improvement Plan projects are prioritized and feels that this needs to be studied further. He has received mixed messages from the Virginia Department of Transportation and the Transportation Committee on how this is handled. He feels the priorities for improvement should be based on the number of residents, road conditions, school bus routes, traffic usage, etc., and has not been able to obtain any documentation from the Transportation Committee that this is how the improvements are prioritized. He also asked the board not to accept the current Transportation Committee's recommendation on the current Secondary Road Improvement Plan as he felt that the projects needed to be restudied and prioritized based on the criteria he addressed above. He further explained that VDOT has begun the Laurel Grove Road improvements after 25 years of waiting. Mr. Dick Crane - Stonewall District: Mr. Crane appeared before the board to address two concerns: 1) the personal property tax rate and 2) the public hearing coming up on the county's budget. He feels the personal property tax is too high and that the rate should be lowered by at least 25 cents per year for the next three years. The state is trying to do away with the tax and he feels the county has done nothing. He also wants to see input on the budget public hearing come from citizens who have not been involved in the budget process. MINUTES OF REGULAR MEETING - FEBRUARY 12.1997 - APPROVED AS II Ii I , I' ,I I 211 AMENDED Supervisor Orndoff advised the board that the meeting location on February 12 was 107 North Kent Street and not the Frederick County Courthouse and asked that this amendment be made on page one of the minutes. Upon motion made by Charles W. Orndoff, Sr. , seconded by W. Harrington Smith, Jr., the minutes of February 12, 1997, were approved as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF REGULAR MEETING - FEBRUARY 26. 1997 - TABLED Vice Chairman Shickle requested the minutes of February 26 be tabled until such time as his proposed amendments could be reviewed by the board. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, action was tabled on the minutes of February 26, 1997, until the next regular scheduled board meeting. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF SPECIAL MEETING - MARCH 6. 1997 - APPROVED Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the minutes of March 6, 1997, were approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye ELLEN DAVENPORT. VIRGINIA ASSOCIATION OF COUNTIES. ADDRESSES BOARD Virginia Association of Counties Director of Finance Ms. Ellen Davenport addressed the board to briefly explain the services the Virginia Association of Counties provides to the board of 212 supervisors and the localities in Virginia. Chairman Longerbeam commended Ms. Davenport and the association for their communications ability especially during the legislation session. He also feels the association does a great job and is a vital asset to the localities. MR. BOB HOLLINGSWORTH APPOINTED TO LOCAL EMERGENCY PLANNING COMMITTEE. KRAFT FOODS' REPRESENTATIVE Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Mr. Bob Hollingsworth was appointed as the Kraft Foods' representative to the Local Emergency Planning Committee. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye SUPERVISOR W. HARRINGTON SMITH. JR.. APPOINTED AS LIAISON BETWEEN BOARD AND CONSTITUTIONAL OFFICERS Chairman Longerbeam advised the board that he had received a request from the Commonwealth's Attorney Lawrence Ambrogi to appoint a liaison who could meet with the constitutional officers periodically to discuss issues and concerns and help them through the county's administrative process. He had asked Supervisor Smith to serve in this capacity and he agreed to do so. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, Supervisor W. Harrington Smith, Jr., was appointed as liaison between the board and constitutional officers and was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FOR BOARD TO SCHEDULE PUBLIC HEARING DATE FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the following items were scheduled for public hearing on April 9, 1997, and approved under the consent I' 11213 agenda: Conditional Use Permit #001-97 of Derek M. Heishman Conditional Use Permit #002-97 of Joseph W. Edmiston Conditional Use Permit #003-97 of Marietta and Kim Walls Conditional Use Permit #004-97 of Sidney A. Reyes Conditional Use Permit #005-97 of Powell's Plumbing (John D. Powell) Conditional Use Permit #006-97 of David and Debbie Bragg Master Development Plan #001-97 of Dominion Knolls, G. W. Clifford & Associates, Inc. - Public Meeting REOUEST FROM SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL FISCAL OFFICER LORETTA D. SNOW TO APPROVE 1997-1998 SUMMARY OF PROPOSED OPERATIONS - APPROVED UNDER CONSENT AGENDA REOUEST FROM FREDERICK COUNTY FARM BUREAU FOR BOARD TO ENDORSE THE POTOMAC RIVER BASIN STRATEGY - APPROVED UNDER CONSENT AGENDA REOUEST FROM FREDERICK COUNTY PUBLIC SCHOOLS FOR BOARD TO ADJUST BUDGET LINE ITEMS RE: JAMES WOOD ATHLETIC FIELD EOUIPMENT (TABLED FROM BOARD MEETING OF FEBRUARY 26. 1997) - ACTION TAKEN UNDER TAB I - PROPOSED SCHOOL BOND FINANCING REOUEST TO APPROVE RESOLUTION (#021-97) AND MEMORANDUM OF UNDERSTANDING AND REOUEST FOR SUPPLEMENTAL APPROPRIATION OF $165.000 FROM UNRESERVED FUNDS RE: JOUAN. INC. - APPROVED Mr. Riley presented this request. He advised the board that the Frederick County Industrial Development Authority (IDA) held its public hearing on this date, March 12, to issue bonds to Jouan, Inc., and was unanimously approved by the authority. He further stated that the Economic Development Commission and IDA approved the Memorandum of Understanding (MOD) in meetings held on March 12. The MOU includes a cash grant from the county in the amount of $165,000 to be paid to the IDA who will then pay Jouan, Inc., to assist in infrastructure development, design, construction, and stormwater improvements for their site located off of new Route 642. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following items were approved for Jouan, Inc.: (1) Appropriate from unreserved funds a supplementation appropriation in the amount of $165,000, and in accordance with Section 147(t) of the Internal Revenue Code and Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; (2) Memorandum of Understanding as presented (on file in the County Administrator's Office); and (3) The following resolution: WHEREAS, the Industrial Development Authority of the County of Frederick Virginia ("Authority"), has considered the application submitted by Jouan, Inc. (the "Company") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $6,500,000 ("Bonds") to II 214 assist in financing the acquisition, construction and equipping of a facility, located at the East Gate Commerce Center off of Route 642 in Frederick County, Virginia, to conduct manufacturing operations ("Project"), and the Authority has held a public hearing with respect to the Project on March 12, 1997. WHEREAS, Section 147(t) of the Internal Revenue Code of 1986, as amended (the ''Code''), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of Frederick County ("County") and the Project is located in the County. WHEREAS, the Board of Supervisors of Frederick County, Virginia ("the Board") constitutes the highest elected governmental unit of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolutions approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(t) of the Code and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company or the Project. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.l03-2(f)(l), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST TO APPROVE THE FREDERICK-WINCHESTER-CLARKE LANDFILL AGREEMENT-TABLED Mr. Riley presented this agreement and advised the board that Attorney Robert T. Mitchell drafted this agreement which reflects the issues that have been presented by the city and county in addition to the Memorandum of Understanding between the city and county on joint agreements. Because the city requested approving authority by the committee (approved by Winchester Common II 'I , 215 Council by resolution dated December 12, 1995), staffwas recommending approval of Alternative #2 to the agreement in which representation on the Oversite Advisory Committee would be changed to four county representatives (currently three), two city representatives (currently three), and one Clarke County representative. This change was recommended in keeping with the Memorandum of Understanding in that representation should reflect usage (tonnage) or population. He also advised the board that the approving authority was currently handled by the Public Works Committee and this would change should Alternative #2 be approved. After further discussion, it was the consensus of the board that the alternative changes as presented were not acceptable and further study was needed before a final recommendation could be made. Supervisor Shickle was not comfortable in changing the existing approval policy and he felt that the alternatives presented did not do this. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, this item was tabled and approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING ITEMS PUBLIC HEARING - RESOLUTION (#022-97) - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK. VIRGINIA. ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $2.705.000 TO FINANCE OR REFINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES - APPROVED AS AMENDED Mr. Riley presented this request to the board. This bond issue represents funding for the James Wood Athletic Fields construction ($1,258,000) and equipment ($92,000), and improvements to various schools ($1,350,000). The board at their meeting of February 26 tabled action on approving funding for the James Wood Athletic Field equipment as part of the bond issuance being considered for the James Wood Athletic Field construction. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the bond amount requested for $2,705,000 was reduced to $2,615,000 (rounded off to nearest $5,000) excluding funding for the James Wood Athletic Field equipment ($92,000). 216 The above motion was approved by the following recorded vote (please note that this amount was further reduced during the discussions on the 1997-1998 Fiscal Year Budget Advertisement held later in the meeting and this action follows after the following vote so as not to confuse the reader): James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the previously approved bond amount of$2,615,000 was reduced to $1,357,000 excluding funding for the James Wood Athletic Field Construction project ($1,258,000) and payment of this project to come from fund balance, thereby the following resolution was approved (please note that bond issues are approved in increments of$5,000; however, the board did not take any action on this second motion to reduce the amount to $1,355,000 but is understood that bond issues will not exceed this amount): A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,357,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $1.357.000 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 15.1-227.8, Code of Virginia of 1950, as amended (the "Virginia Code"), on March 12, 1997 on the issuance of school bonds in the amount of$1.357.000. 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, THERFORE, 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 $1.357.000 (the "Bonds") for the purpose of financing or refinancing 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 par 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,OOO and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1997 A"; 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, 1997, (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 (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) 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 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 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. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. the Bonds: Payment: Paying 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 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 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, Vrrginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2008, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2008, 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 15,2008, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2008, 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 15,2008, 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: II !i 217 218 Dates Prices July 15,2008 to July 14,2009, inclusive............................................. July 15, 2009 to July 14,2010, inclusive............................................. July 15,2010 to July 14,2011, inclusive............................................. July 15,2011 and thereafter................................................................ 103% 102 101 100; Provided. however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (9(}}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 set forth in the Bond Sale Agreement. 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. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as 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 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 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 of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (1) 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 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. 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 of the Board, or either of them, and such officer or officers of the County as either of them my 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 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 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. 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 extract from the minutes of a meeting of the Board of Supervisors held on March 12, 1997 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 above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - RESOLUTION (#020-97) - AMENDMENT TO THE 1996-1997 BUDGET TO REFLECT A SUPPLEMENTAL APPROPRIATION OF $1.684.816.81. THIS APPROPRIATION OCCURRED DUE TO A MID YEAR INCREASE IN REVENUE PROJECTIONS. THE MAJORITY OF WHICH RESULTED FROM PERSONAL PROPERTY TAXES - APPROVED Mr. Riley presented this request. There was no public input. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in Regular Session on March 12, 1997, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 1996- 1997 budget be amended to reflect a supplemental appropriation in the amount of$1,684,816.81, and BE IT FURTHER RESOLVED, that this appropriation has been brought about by a mid- year increase in revenue projections with the majority of the adjustment coming from personal property taxes. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Ii I, 220 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearing Items. PLANNING COMMISSION BUSINESS SUBDIVISION APPLICATION #001-97 OF THE SUMMIT. I-B ADDITION - APPROVED UNDER CONSENT AGENDA This property is located at the intersection of Lake view Drive and S. Lakeview Drive in the Gainesboro District. 1997 PRIMARY ROAD IMPROVEMENT PLAN - APPROVED Planning Deputy Director Evan Wyatt presented this plan. He advised the board that the 1997 Preallocation Hearing will be held on March 27, 1997, at the Augusta County Government Center. The purpose of the hearing is to advise the Commonwealth Transportation Board of the funding priorities for Frederick County's primary road system. The priorities are the same as presented during the 1996 Preallocation Hearing however the descriptions for Route 37, Route 277, and Interstate 81 were modified. Modifications to the Route 37 description include the reimbursement of funds to Frederick County for work associated with the Environmental Impact Statement and the creation of a construction phasing schedule. Modifications to Route 277 include a request to immediately fund preliminary engineering to allow staff to work with the development community to mitigate future impacts to their property and program funds for complete right-of-way acquisition and construction as soon as possible. Modifications to the Interstate 81 description call for collector-distributor lanes and modified access points on the mainline as recommended by the Interstate 81 Study and W A TS. The Transportation Committee and Planning Commission recommended unanimous approval of the plan as presented. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following plan was approved as presented: 1997 PRIMARY ROAD IMPROVEMENT PLAN 1) Route 37 Eastern By-pass (Alternative C) A) Reimbursement of funding provided by Frederick County to undertake the study and prepare the Environmental Impact Statement for the preferred alternative recommended by the Commonwealth Transportation Board. B) Initiate engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between the southern terminus of Route I I I 221 37 to the new intersection with Route 7 east of the City of Winchester as follows: · From the southern terminus of Route 37 to Route 522 · From Route 522 to Route 50/17 · From Route 50/17 to Route 7 C) Program funds to initiate engineering and design, right-of-way acquisition and construction from Route 7 to the Route 37 northern terminus once a final study corridor is agreed upon by the Commonwealth Transportation Board and the County of Frederick. 2) Route 277 (East of Steohens City) From: To: A) B) C) 1-81/277/647 Intersection (East of Stephens City) Route 340/522 South Intersection (East of Double Toll Gate) Provide funding to accomplish the preliminary engineering work for a four lane improvement to this segment. Work with county staff to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Program funding for the completion of right-of-way acquisition and construction of the entire segment as described above. 3) Route 11 (North and South of Winchester) A. B. From: To: Southern limits of the City of Winchester 37 Interchange Widen and improve to five lanes. From: To: Northern limits of the City of Winchester Interstate 81 Exit 317 Interchange Widen and improve as necessary. 4) 1-81 (East of Winchester) From: To: West Virginia line Warren County line Provide additional through lanes, collector-distributor lanes, modifications to existing access points, and additional access points to the main line as recommended by the Interstate 81 Study and the Winchester Area Transportation Study (W ATS). 5) Commuter Park and Ride Lots Conduct studies and utilize existing information from the Lord Fairfax. Planning District Commission to determine the location of needed facilities. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye 222 Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End or Planning Commission Business. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - ITEMS 1 AND 2 APPROVED UNDER CONSENT AGENDA: ITEM 3 - APPROVED The Transportation Committee considered the following issues during their regular meeting of March 4, 1997: 1. 1997 Primary Road Imorovement Plan - Approved Under Consent A!!enda Staff presented a draft plan to the committee which recommended the same improvement priorities that were presented to the Commonwealth Transportation Board last year. The description of the various projects was modified to delineate specific phases for the development of Route 37 and Route 277, and to call for collector-distributor lanes and modified access points on Interstate 81. The committee recommended unanimous approval of the plan as presented. 2. No Throu!!h Truck Traffic Policv ror Tasker Drive - Aooroved Under Consent A!!enda The committee considered a request by staff to initiate the above referenced policy. Staff advised the committee that tractor truck traffic may be enticed to utilize Tasker Drive as a preferred alternative when this road segment is opened, as it provides direct access from Route 37 and Interstate 81 to Route 522. The committee recommended that the Board of Supervisors adopt a resolution requesting that VDOT initiate the studies required to determine if this policy is warranted. 3. Secondary Road Imorovement Plan Ratin!! System - Aooroved The committee conducted a work session to discuss issues and concerns regarding the establishment of a new method to prioritize secondary road improvements. The committee stated that they would consider an approach which maintains the current top five priorities for major road improvements and hard surface improvements, and establishes an unprioritized list providing documentation, historic information and ratings for all other roads currently on the plan. Supervisor Smith questioned Planning Deputy Director Evan Wyatt as to how the Transportation Committee currently rates secondary road improvements and if this process can be changed. Mr. Wyatt explained that this plan is updated the fall of each year and approved by the board in November. When updated, the plans that have received funding are removed, the remaining projects are moved up on the list, and then new request from the citizenry are reviewed to determine which ones should be added to the list. At this time, a waiting list has never been devised for projects not placed on the plan by staff or the committee. The committee and staff are devising some type of waiting list for secondary road improvements that will include a rating system similar to the county's Capital Improvements Plan. Different criteria will be developed to help "rate" the project to determine the order of priority. The area the committee needs to study more carefully are the I! 1223 projects that have already been submitted to the Vrrginia Department of Transportation and although construction has not commenced, other work such as engineering and right-of-way acquisitions could be ongoing and reprioritizing the projects could possibly jeopardize these projects, and especially those that have assigned advertisement dates. The draft rating system will be presented at the next Transportation Committee meeting in April and the staff s objective is to finalize this rating system before the next Secondary Road Improvement Plan is developed this fall. Final approval of the rating system must be obtained from the Planning Commission and Board of Supervisors before it can be implemented by staff. The county currently has approximately 100 miles of unpaved roads and approximately 30 of those miles have requested hard surfacing improvements. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this item was approved as presented by the Transportation Committee by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, March 6, 1997, at 8:30 a.m. in the Board of Supervisors' Executive Session Room, at 107 North Kent Street, Winchester, Virginia. Present at the meeting were Margaret B. Douglas, chairman, W. Harrington Smith, Jr., Robert S. Gordanier, Michael Foster, John R. Riley, Jr., and Ann K. Kelican. Tonie Wallace was absent. The following items required board action: 1. Request From C-F-W Rel!ional Jail for Position UOl!rade - Aooroved The committee reviewed the attached request from the administrative services chief at the C- F-W Regional Jail to upgrade the Groundskeeper position at a Range 5 to a Maintenance Officertrechnician at a Range 11 and recommends approval of same. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Request from the Director of the Division of Court Services for Position Chanl!e - Approved II 224 The committee reviewed the attached request from the director of the Division of Court Services to reclassify the Case Management Specialist from a Range 5 to a Range 7, and promote the Account Clerk ill, Range 8 to an Administrative Assistant, Range 12, and recommends approval of this request. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. Reauest from the Sheriff's Department for LEOS Study - Approved The committee reviewed the attached request from the sheriff to conduct a study to determine the cost to provide LEOS coverage for safety sensitive personnel. The cost to conduct this study is $525 and would require a supplemental appropriation to fund same. Theicommittee recommends approval ofthis request. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye MargaretB.Douglas-Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 4. COLA for Constitutional Officers - Approved The committee discussed cost of living adjustments for constitutional officers and recommends that the average annual merit increase for county employees be given to the constitutional officers, said increase to be calculated on the amount of the salary supplement paid by the county. Mr. Riley advised the board that this adjustment will be effective upon passage and applied to the county's supplement only. Supervisor Shickle directed Mr. Riley that if more funds are needed than what was available in merit reserve, a supplemental appropriation would have to be brought back before the board. Chairman Longerbeam did not believe the county's supplement was that significant and did not foresee a problem. Supervisor Sager questioned funding the supplement to the constitutional officers and thought at one time the county had looked at discontinuing this. Mr. Riley advised the board that it was his understanding all discussions to discontinue this funding was no longer an issue. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the 225 above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The following item was submitted for the board's information only: Dental Insurance Rate Increase (Information Was Attached and is on File in the County Administrator's Office) End of Committee Reports. At this time, the board adjourned to the Executive Session Room to discuss the proposed budget for the Fiscal Year 1997-1998. Director of Finance Cheryl Shifller presented to the board a memorandum regarding various issues on the Fiscal Year 1998 budget advertisement that needed the board's review. The major issues addressed are outlined as follows: 1) The advertisement as presented did not reflect a decrease in the personal property tax rate. Following a lengthy discussion, it was the consensus of most board members to advertise the current tax rate. By doing this, it will allow the board members to reduce the amount once cuts are determined. If a lower rate is advertised and the board decides it cannot make any additional cuts, the rate cannot be increased if needed to fund the budget. Supervisors Sager and Smith were opposed at not decreasing the personal property tax amount. Supervisor Smith feels more vehicles will be purchased if the rate is lowered thereby bringing more revenue to the county. The board scheduled a budget worksession for March 31, 1997, at 7:00 p.m., after public input is received. At this time, they will go over each budget and determine cuts or reconsider previous cuts to determine if the personal property tax rate can be lowered. 2) The advertisement as presented did not reflect a decrease in the real estate rate as a result of the reassessment and reflected a real estate increase by one cent. Supervisors Shickle and Longerbeam stated they did not want to advertise a tax increase of any type. 3) School operating cost for the county reflects an increase of $900,000 in funding. School debt service reflects an increase in local dollars of $826,426. All debt service costs are local dollars only. 4) The School Superintendent requested one-time costs funding equal to $3,796,302 verses the previous amount of $2,661,345 (for buses and technology). After further discussion, the board directed the school administrative staff to be prepared at the March 31 worksession to provide detail on the proposed technology plan. 5) At the opposition of school administration, one-time costs were transferred to a separate capital fund. By doing this it will allow funds not to be commingled in the school operating fund and will be useful if there are cost savings in preparation of next years budget since only increase in funding is discussed. 6) The budget reflects the construction of a new elementary school in the amount of $5.3 million and additions to elementary schools at a budgeted cost of $3 million. The 226 board directed that funding for school projects be done by IDA bond issuances rather than VPSA funds as the rate is lower. The board also directed the school administration not to include funding for furnishings in bond issuances. At this time, Supervisor Shickle motioned to pay for the construction of the James Wood AtWetic Fields in the amount of$1.258 million from fund balance and the previously approved bond amount be reduced by like amount. This motion was seconded by Robert M. Sager and unanimously approved. (Official action of this motion is reflected under Resolution #022-97 - Issuance of General Obligation School Bonds.) 7) The last round of cuts made by John Riley are reflected in the budget. 8) The budget includes funding from fund balance of $4,492,320. Budgets reflecting fund balance funding have been the subject in the past to criticism of not being a balanced budget (this amount will be adjusted due to the motion made above for funding of the James Wood AtWetic Fields construction). 9) Any decrease in taxes will increase the amount being funded from fund balance. 10) Airport capital projects are budgeted at a significant increase of$461,500. AS THERE WAS NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT THIS TIME.