Loading...
October 9, 1996 Regular Meeting 080 A Regular Meeting of the Frederick County Board of Supervisors was held on October 9, 1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Douglas T. Ibach of the Presbyterian Parish of the Valleys. ADOPTION OF AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the agenda was adopted as presented 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 CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Proclamation - Fall River Renaissance in Virginia - Tab D; 2. Cancellation of Board of Supervisors Meetings - Tab E; 3. Budget Transfer Requests from the Frederick County School Board - Tab G; 4. Request from the Regional Airport Authority for a Capital Project Fund Supplemental Appropriation - Tab H; 5. Kernstown Battlefield Management Plan - Tab L; 6. Road Resolution - Butler Estates - Tab M; 7. Parks and Recreation Commission Report - Tab N; 8. Public Works Committee Report - Tab 0; 9. Finance Committee Report - Tab P - Approved all requests (including #17) with exception of those items that were forwarded to the Board of Supervisors without a recommendation from the Finance Committee. II II II 11081 Mr. Riley stated that he would like to add Subsection A(5) Economic Development Commission to the Executive Session. He further noted that # 19 of the Finance Committee has been amended. The total figure is $64,000 rather than $32,000 and the amount to be absorbed by the Public Works budget is $11,000 rather than $8,000. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the consent agenda was approved as noted above 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. John Kline, resident of Opequon District, appeared before the Board to infonn them of all the problems he has encountered with sewage backup in his home and although he has appeared before the Sanitation Authority he is not at all pleased with the response he has received. He explained that this has been a problem for the past four years, but reached disastrous proportions on January 19, 1996 and also in September of this year with Hurricane Fran. Mr. Kline further explained that the sewage lines and pumps are not capable of handling nonnal usage and stonn run-off. He also noted that the recent disclosure laws, combined with the current situation, is causing the loss of tens ofthousands of dollars in home equity and these same home owners are experiencing difficulties when trying to sell their homes. Mr. Kline feels there are various options that are available to the Sanitation Authority in an effort to resolve this matter, and he also outlined what can happen if the Sanitation Authority elects to do nothing. He asked the Board to get involved with this problem in an effort to find a solution that would be workable for all parties involved. Mr. Smith asked where the homes are located. Mr. Riley responded in Fredericktowne and Albin Village. Mr. Riley explained that county staff has been working with this, and infonnation has been received from Delegate Sherwood. He further explained that Mr. Strawsnyder, director of public works, will be responding to these individuals to infonn them of what has been found by county staff 082 upon visiting these homes that have reported problems with water and sewer backup. Mr. Strawsnyder explained how all of this has worked out over a period of time and just how much county staff could do, noting that the majority of this situation rests with the Sanitation Authority. Mr. Kline asked who was over the Sanitation Authority. Mr. Longerbeam explained that the county is involved with this process to a degree, however , - the county does not fix sewer lines and he wanted everyone to understand that as this responsibility rests solely with the Sanitation Authority. Jim Wilson, county resident and member of the county public works committee, appeared before the Board to express his concerns with regard to the possible Board appointment of Kris Tierney to the position of Planning Director. A letter detailing the full extent of this concern has been mailed to each Board member. Donna Tambor, resident of Westmoreland Drive in Fredericktowne, addressed the Board concerning her problems with raw sewage being in her basement as much as three and four inches at a time. She further stated that she feels the Sanitation Authority is in violation inasmuch as they have not notified DEQ of any problems that have been experienced by certain homeowners in the Opequon District. She asked the Board to please check into what has been happening with the Sanitation Authority and to do whatever they can to help resolve this issue. MINUTES OF REGULAR MEETING - SEPTEMBER 11. 1996 - APPROVED AS AMENDED Mr. Orndoff stated that on page seven, first paragraph, it should read "Town of Stephens City". Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the minutes of the regular meeting of September 11, 1996 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, Sf. - Aye MINUTES OF WORK SESSION WITH SCHOOL BOARD - SEPTEMBER 24. 1996 - APPROVED 1083 I Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the minutes of the Worksession with the School Board on September 24, 1996 were approved as submitted 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 BECKY LAUCK. PRESIDENT OF FREDERICK COUNTY 4-H LEADERS ASSOCIATION. ALONG WITH LAURA RITENOUR. VICE-PRESIDENT OF FREDERICK COUNTY 4-H COUNCIL. AND SCOTT WHITACRE. PRESIDENT OF FREDERICK COUNTY ALL STAR-HONOR CLUB. APPEAR BEFORE THE BOARD AT WHICH TIME THEY PRESENTED THEM WITH A CAKE AND EXTENDED THEIR THANKS TO THE BOARD FOR ALL THEIR ASSISTANCE OVER THE YEARS Becky Lauck, Laura Ritenour, and Scott Whitacre appeared before the Board at which time they presented them with a cake in appreciation for everything the Board of Supervisors have done over the years to show their support of 4-H Clubs in Frederick County. MARY JANE LIGHT. CHAIRMAN OF THE WINCHESTER-FREDERICK COUNTY HISTORICAL SOCIETY AND BOB CARTER ADDRESSES BOARD TO REOUEST FUNDS FOR PUBLICATION OF A HISTORICAL VOLUME - REFERRED TO FINANCE COMMITTEE Mrs. Light appeared before the Board at which time she brought the Board up to speed on what the Winchester-Frederick County Historical Society has been trying to achieve in having this publication become a reality, noting that the cost of this publication is $35,000 for which she is asking the county to donate. Mr. Smith asked how many books would be published. Mrs. Light replied 750. Mr. Orndoff asked if these books would be sold to the general public. Mrs. Light replied yes, but these funds would not be sufficient to recoup the expense of publishing the book. Mrs. Light further explained that there are approximately 1900 historical homes within Frederick County, however not all of these homes are included in this publication. Mr. Bob Carter, director-historian with Division of Historic Resources, Winchester office, appeared before the Board to endorse what Mrs. Light had presented to the Board and explained that 084 his department would continue to work with Mrs. Light on this project. Mr. Longerbeam asked Mrs. Light for her thoughts on the idea of the county agreeing to paying 1/3 of the cost and the remaining amount would be paid for with grant funds. Mrs. Light explained to the Board that this project has been in the mill for quite some time and the committee would very much like to get it finalized and she knew from past experiences how long grants could take. Following further Board discussion it was their consensus that this be referred to the next Finance Committee Meeting. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., this matter was referred to the Finance Committee for their review and recommendation. 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 GORE SCHOOL BIDS - TABLED UNTIL NEXT BOARD MEETING Mr. Riley explained that the bids had been received for the Gore School property and reviewed by the Public Works Committee, and it was now left up to the Board as to what they wanted to do. Reverend George Reid of the Hebron Church appeared before the Board and explained what the Church would do with the school property if they were awarded the bid and he did say the community would be involved with the future of this property. Mr. Smith asked if the church should be awarded the property by the Board, is there any way some type of agreement could be drawn up stating what the church would agree to with the property and this would be binding as far as any future minister or congregation of the church would be concerned. Mr. Ambrogi replied no. Mr. Bret Morgan, individual submitting the highest bid, appeared before the Board to explain that he did not understand why the Board was not awarding the bid to him as high bidder. He explained that repairs would be made to the building and further that he has not fully decided what 'I I I 085 he would do with the property should the bid be awarded to him. Mr. Smith moved that this be tabled until the next Board meeting in order that the Board might have additional time to make their decision. Mr. Sager seconded this motion. 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 .. PROCLAMATION (#001-96) - FALL RIVER RENAISSANCE IN FREDERICK COUNTY - APPROVED UNDER CONSENT AGENDA WHEREAS, Virginia is blessed with abundant rivers and other waters throughout the Commonwealth; and WHEREAS, Virginias rivers and waters provide sustenance to her citizens, their communities, and their businesses, which are important for their quality oflife and prosperity; and WHEREAS, such rivers and waters are vital natural resources, providing important benefits to fish and wildlife and their habitats; and WHEREAS, the Commonwealths rivers and waters provide opportunities for public boating, hunting and fishing and other forms of outdoor recreation enjoyed by Virginians and our visitors; and WHEREAS, the Commonwealth and her citizens should endeavor to conserve and enhance Vlfginia's rivers and waters so as to ensure their benefits, both now and for future generations; and WHEREAS, individual citizens, businesses and organizations, through their voluntary efforts, can accomplish the most to conserve our natural resources and provide long term environmental benefits; and WHEREAS, the Fall River Renaissance campaign will encourage caring citizens to conserve and improve the rivers and waters in Virginia and will recognize and honor their exceptional efforts; NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick County Board of Supervisors, I do proclaim September 21 - October 19, 1996, as the Fall River Renaissance in Frederick County, Virginia, and I urge aU our citizens, businesses and organizations, public and private, to observe and participate in this campaign to conserve and enhance the rivers and waters of Vlfginia and in Frederick County in order that we may enjoy a more beautiful, healthy and prosperous Commonwealth. BOARD MEETINGS OF NOVEMBER 27 AND DECEMBER 25. 1996 - CANCELLED - APPROVED UNDER CONSENT AGENDA COMMITTEE APPOINTMENTS Mr. Sager noted that he had only one citizen that had contacted him with interest in serving on the Board of Equalization and this was after he had made several phone calls and a notice ran 086 twice in the Winchester Evening Star. This name will be submitted to the Circuit Court Judge for his consideration. FREDERICK COUNTY SCHOOL BOARD REOUEST FOR $218.335.27 IN UNOBLIGATED LOCAL FUNDS ON HAND AT JUNE 30.1996. BE CARRIED FORWARD TO 1996-97 - APPROVED UNDER CONSENT AGENDA The public schools Finance Director James E. Boyd made this request of the board and the capital repairs are to include the following: Roof repair at James Wood Middle School- $80,000; Lead paint abatement, painting and contracted monitoring at Gainesboro Elementary School- $41,081.30; Funds for bus two-way radios - $52,030.00; Reimbursement for emergency services provided to county government during winter of 1995 - $12,195.39; Funds to pay Frederick County Parks and Recreation for exchange services provided in FY 95-96 - $21,131.60; and Funds to purchase a maintenance vehicle for the new maintenance employee hired to assist in providing maintenance services to the county offices -$11,896.98. FREDERICK COUNTY SCHOOL BOARD REOUEST TO AMEND TRANSFERS FROM ANY ONE BUDGET CATEGORY IN A FISCAL YEAR TO $40.000 WITH A LIMIT ON INDIVIDUAL TRANSFERS TO BE $5.000 - APPROVED UNDER CONSENT AGENDA The school board requested that the limit for transfers into and out of anyone budget category in a fiscal year to be increased from the earlier approved amount of $10,000 to $40,000 and the limit on individual transfers to $5,000 would remain the same. Should these transfer amounts exceed these limits, approval is needed by the county Finance Committee and the Board of Supervisors. REGIONAL AIRPORT AUTHORITY'S REOUEST FOR A FUND 85 CAPITAL PROJECT FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.272.939.73 - APPROVED UNDER CONSENT AGENDA This amount is a carry forward and represents expenditures that were budgeted but not spent in FY 96. RESOLUTION (#007-96) TO APPROVE THE AGREEMENT FOR THE NORTHWESTERN REGIONAL JUVENILE DETENTION CENTER APPROVED WHEREAS, the counties of Clarke, Frederick, Page, Shenandoah, and Warren and the City of Winchester declared, by concurrent resolutions, its desire to participate in the construction of a regional juvenile detention facility and the establishment of a regional juvenile center commission; --- WHEREAS, the Board of Supervisors of Frederick County, Virginia, does authorize and direct the County Administrator to execute the attached agreement on behalf of the County of Frederick. (This agreement is on file in the County Administrators Office.) ,087 I Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above resolution approving the agreement was approved by the following recorded voted: 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 ROBERT M. SAGER APPOINTED TO NORTHWESTERN REGIONAL JUVENILE DETENTION CENTER COMMISSION Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, Robert M. Sager was appointed to the Regional Juvenile Detention Center Commission. 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 Mr. Smith asked how the City of Winchester became fiscal agent. Mr. Longerbeam asked about who would be providing the educational mandates, and if this had been discussed with the City of Winchester. Discussion followed as to which locality this responsibility fell to as far as the school system was concerned and Mr. Malcolm explained that the locality in which the building is physically located is the jurisdiction that will handle the educational component and this cannot be split between the localities involved. PUBLIC HEARING ITEMS PUBLIC HEARING - RESOLUTION (#006-96) AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE BONDS) OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $1.200.000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES - APPROVED 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 $1,200,000 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 October 9, 1996 on the issuance of school bonds in the amount ofSl,200,000. ,I 088 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 amount not to exceed $1,200,000 (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 $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1996"; 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) 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 Bond established by the VPSA, provided that each interest rate shall be ten one hundredths of one percent (0.10010) 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 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 Bonds shall not be later than 21 years from their date. The execution and delivery of the Fonds 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 in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment Paying Agent and Registrar. The following provisions shall apply to the Bonds: II II ! 1089 I (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 AM. 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 AM. on the business day 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) Agent for the Bonds. , Virginia, is designated as Bond Registrar and Paying 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2007, are not subject to prepayment or redemption prior to their state maturities. The Principal Installments of the Bonds coming due after July 15, 2007, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15,2007, 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, 2007, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates July 15,2007 to July 14, 2008, inclusive.................................. July 15, 2008 to July 14, 2009, inclusive.................................. July 15, 2009 to July 14,2010, inclusive.................................. July 15,2010 and thereafter..................................................... Prices 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 (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be 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 hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ~ 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 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: N on-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 090 compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (I) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds win remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program: Proceeds Agreement. The Bond 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 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 shan 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 October 9, 1996, 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. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 9th day of October, 1996. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above resolution 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 I' I I i' 'I I 091 End of Public Hearing. PLANNING COMMISSION BUSINESS PUBLIC HEARING - CONDITIONAL USE PERMIT #007-96 OF ROBERT C. FOWLER TO OPERATE A COMMERCIAL OUmOOR RECREATION FACILITY/SHOOTING RANGE. THE PROPERTY IS LOCATED AT 840 N. TIMBER RIDGE ROAD IN CROSS JUNCTION AND IDENTIFIED WITH PIN 3- A-IS IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the Board noting that staff and planning commission recommended approval with conditions. Mr. Shickle questioned Mr. Miller concerning certain conditions that were being made a part of this CUP approval. Mr. Fowler was present on behalf of his request and stated to the Board that he was satisfied with the conditions as spelled out by the Planning Department. Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., conditional use permit #007-96 of Robert C. Fowler was approved as presented 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 End of Planning Commission Public Hearing Items. KERNSTOWN BATTLEFIELD RESOURCE MANAGEMENT PLAN - APPROVED UNDER CONSENT AGENDA - (A COMPLETE COpy OF THIS PLAN IS ON FILE IN THE OFFICE OF PLANNING AND DEVELOPMENT) ROAD RESOLUTION TO ACCEPT BUTLER ESTATES STREET INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATIONS SECONDARY SYSTEM- APPROVED UNDER CONSENT AGENDA PARKS AND RECREATION COMMISSION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 17, 1996. Members present were: Robert Roper, Timothy Hockman, Jane Vickers, Stephen Spitzer, Cheryl Swartz, Robert Hartman, Margaret Douglas. The following items were submitted for the boards information only. 1. Soccer Proposal Mr. Hartman moved to request a supplemental appropriation to construct two new soccer fields at Sherando Park with quality and specifications being the same as the current soccer I \1 092 fields. If approved, the Commission will accept Blue Ridge Youth Soccer Associations donation of $10,000. The motion was seconded by Mrs. Vickers, carried unanimously (6-0). 2. 1997-98 CIP Recommendations Mr. Hockman moved to accept the proposed 1997-98 CIP recommendations, seconded by Mr. Hartman, carried unanimously (6-0). 3. Recreation Section Undate. Comnrehensive Plan Mrs. Vickers moved to accept the changes as submitted, seconded by Mr. Spitzer, carried unanimously (6-0). PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, September 24, 1996, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Jim Wilson, Tom Offutt and Jim Vickers; County Administrator, John R. Riley, Jr., Engineering Technician, Joe Wilder, Building Official, John Trenary and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required board action: 1. Memorandum ofUnderstandin2 - County Office Comnlex The attached memorandum of understanding describes the maintenance agreement between the Frederick County Board of Supervisors and the Frederick County School Board. The agreement includes maintenance responsibilities for the new county office building, the existing four (4) story office building and the Old County Court House. Basically, the Frederick County School Maintenance staff will assume responsibility for maintaining these structures on October 1, 1996. The Public Works Department will continue to supervise the custodial staff until such time that the school board moves to the new county office complex. This responsibility will then be shifted to the school staff (see Attachment). A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to approve the memorandum of understanding as presented. The motion was unanimously approved by the committee. 2. Gore School Bids The attached list of bids received for the Gore School were reviewed and discussed in detail. Discussions including questioning whether Frederick County had the legal authority to accept a bid lower than the high bid. Also, Jim Vickers wanted to know if the high bidder, Brett Morgan, had indicated a particular use for the building (see Attachment). After discussing these issues at length, W. Harrington Smith, Jr. made a motion to obtain a legal opinion from the Commonwealth Attorney Office regarding the bid acceptance. This motion was seconded by Jim Wilson and unanimously approved by the committee. Depending on the legal opinion and the intended use or uses by the high bidder, the committee recommended that the Board of Supervisors consider awarding the bid to the Hebron Baptist Church subject to the customary public hearing period. 3. Pronosals for Old Court House Civil War Museum A proposal for converting the Old County Court House to a Civil War Museum was presented by Peter Mowitt and Harry Ridgeway, Jr. A copy of that proposal is attached (see Attachment) . A motion was made by Jim Wilson and seconded by Tom Offutt to send the proposal to the Joint Finance Committee for their review. The financial involvement of the city of Winchester will dictate if the project is forwarded to the Board of Supervisors for their review. The committee recommended that the proposal be advertised for a public hearing to assist the board in making their final decision. 4. Additional Costs Related to the New Office ComDlex The County Administrator submitted a list of additional costs related to the new county office complex. These costs totaled $38,308 and will be funded from the original $270,000 approved by the board. These expenses were unanimously approved by the committee (see Attachment) The following items were submitted for the boards information only: 1. Discussion of Stormwater Problems in Dedicated Easements The Director of Public Works presented several slides demonstrating numerous stormwater problems in existing drainage easements throughout Frederick County. A majority of the presentation focused on existing subdivisions where drainage easements are not maintained by homeowner organizations. The main purpose of the presentation was to solicit input from the committee regarding possible solutions to dealing with drainage problems in recorded easements. The main problem currently centers on the fact that individual homeowners are not capable of resolving these problems without help from some outside source or sources. This help may take the form of technical assistance from the county staff or financial assistance in the form of construction improvements. The latter will require financing from Frederick County or possibly the Commonwealth of Virginia depending on the circumstances. In the past, we have resolved many drainage problems where the costs are shared by a developer and Frederick County, by the state (Virginia Department of Transportation) and Frederick County or , on rare occasions, the homeowner and Frederick County. 2. Contract Cleanin2 The Director of Public works requested permission to solicit bids from cleaning services to provide custodial services for the second floor of the new county office complex. These services would be implemented until such time that previously approved custodial positions can be filled. Funds are available in the current budget to cover these costs. 3. Miscellaneous ReDorts a. Animal Shelter Report - Dogs (see Attachment); b. Animal Shelter Report - Cats (see Attachment); and c. Tonnage Report (see Attachment). FINANCE COMMITTEE REPORT - APPROVED IN PART - ALL ITEMS THAT WERE SENT TO THE BOARD WITHOUT A RECOMMENDATION FROM FINANCE COMMITTEE WERE NOT APPROVED UNDER CONSENT AGENDA: HOWEVER. # 17 WAS APPROVED AS THESE FUNDS ARE WITHIN THE SHAWNEE-LAND BUDGET Mr. Longerbeam stated that he had looked at most of these items and most of them involve carry forward funds. He has asked Mr. Riley, and if the Board concurs, that these items ;1 II !1093 I 1 U 094 be taken back and a policy be developed as to how the Board will deal with carry forward funds, not only from the county side but also a recommended solution for the school board. One area discussed by Mr. Longerbeam, Mr. Shickle and Mr. Riley at some length, is that when a budget is submitted and some capitol improvement items are identified as to ones that could be paid for by carry forward funds. That way when various items such as cars, computers, etc. are needed the funds will be there, yet funds could be saved during the course of a year. The major priorities would be identified up front. Mr. Shickle stated that with one exception, that being number 14. It is his understanding that a particular project cannot proceed unless this is approved. Mr. Riley noted that this was listed as another tab earlier in the agenda and approved at that time. Mr. Longerbeam addressed number 1 noting that after lengthy discussions with Mr. Janow, and members of the electoral board that there is an immediate need for these funds based on the additional work load that was brought about by the recent motor voter bill. Me. Shickle stated that limiting the needs of this office to just what they had last year does not solve the problem. He would be interested in hearing exactly what their needs are and exactly what extra expenses they had. He would rather deal with this that way he knows exactly what their needs are. Mike Janow, registrar, appeared before the Board stating he had no problem with going back to the Finance Committee and breaking the figures down and coming up with a more exact figure as to what he feels his office will need. It was the consensus this would go back to the next Finance Committee meeting. Mr. Smith stated that his feelings are when the budgets are submitted they must have NEED AND WANT and prioritize what these departments of government want. That way the Finance Committee as well as the Board know up front what is needed and what is wanted. Mr. Riley stated that the Finance Committee was working on a policy that would be clear in the directive to be taken by the county departments. Me. Shickle explained that he would hope that the school board would also have a similar policy for their budget as there should not be two standards. 95 The Finance Committee met in the County Administration conference area at 107 North Kent Street on Wednesday, September 18, 1996 at 8:00 a.m. The following items were submitted for the boards action: 1. The Rel!istrar Requests a General Fund Suoolemental Aoorooriation in the Amount of $6.476.49 This amount represents a carry forward and is needed to purchase equipment for the new office building and to cover increases in expenses due to Motor Voter. See attached memo, p. 1. The committee recommends approval of$I,880 for new furnishings. The committee had no recommendation on the remaining $4,596.49. 2. The Director of Public Works Reouests a General Fund Suoolemental Aoorooriation in the Amount of $7.500 This amount represents a carry forward for the Inspections Department and is needed to purchase computer equipment and to help with the cost of the new truck. See attached memo, p. 2-6. The committee recommends approval. 3. The Director of Public Works Requests a General Fund Suoolemental Aoorooriation in the Amount ofS25.000 This amount represents a carry forward and is needed to continue road improvements. See attached memo, p. 3-9. The committee recommends approval. 4. The Director of Public Works Requests a General Fund Suoolemental Aoorooriation in the Amount of $36.000 This amount represents a carry forward and is needed to replace cuts made to the Engineering budget. See attached memo, p. 3-9. The committee had no recommendation. 5. The Director of Public Works Requests a General Fund Suoolemental Aoorooriation in the Amount of $90.000 This amount represents a carry forward and is needed to cover an additional compactor worker and additional improvements. See attached memo, p. 3. The committee had no recommendation. 6. The Director of Public Works Requests a General Fund Suoolemental Aoorooriation in the Amount of $10.000 This amount represents a carry forward and is needed to cover additional part time help due to the cat addition and to purchase a new air conditioning system for the indoor dog runs. See attached memo, p. 3-4. The committee had no recommendation. 7. The Director of Public Works Requests a Landfill Fund Suoolemental Aoorooriation in the Amount of $775.000 This amount represents a carry forward and is needed as follows: $125,000 for engineering services for the design of the Construction Demolition Debris Landfill and for the construction of Cell D - Phase I of the Municipal Solid Waste Landfill; $50,000 to buy parts for the fire damaged trash compactor; and $600,000 for the initial cell development and associated site improvements for the Construction Demolition Debris Landfill. See attached memo, p. 4. The committee had no recommendation. 8. The Sheriff Requests a General Fund Suoolemental Aoorooriation in the Amount of $200 96 This amount represents a donation received for the Dive Rescue Team and needs to be placed in 3102-5409-000-000 Police Supplies. No additional local funds are needed. See attached memo, p. 10. The committee recommends approval. 9. The Sheriff Requests a General Fund Suoolemental Aoorooriation in the Amount of $25.00 This amount represents a donation received for the DARE program and needs to be placed in 3102-5413-000-001 Drug Program. No additional local funds are needed. See attached memo, p. 11. The committee recommends approval. I -' 10. Tbe Sheriff Requests a General Fund Suoolemental Aoorooriation in the Amount of $743.73 This amount represents the departments share in a Federal forfeiture and needs to be placed in 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 12-13. The committee recommends approval. 11. The Sheriff Requests a General Fund Suoolemental Aoorooriation in the Amount ofSl.210.05 This amount represents an insurance reimbursement for a vehicle accident that occurred in July of this year. No additional local funds are needed. See attached copy, p. 14. The committee recommends approval. 12. The Director of Fire and Rescue Requests a Budl!et Transfer in the Amount of 520.000 This amount will be deducted from the contribution to the City of Winchester Rescue Squad and allocated to County fire department contributions. No additional local funds are needed. The committee approved reducing the Winchester Rescue Squad contribution but recommends holding these funds until individual company needs are analyzed. 13. The Economic Develooment Director Requests a General Fund Suoplemental Aporooriation in the Amount of $18.800 Of this amount, S5,000 is a carry forward and represents grant monies received to perform a Virginia Department of Economic Development Workforce Skills Study and S13,800 is a carry forward of federal funds for the Telecommuting Center. The Director also requests a General Fund supplemental appropriation in the amount ofSlO.OOO. This amount represents an award to establish a Shenandoah Valley Technology Council. No additional local funds are needed. June Wilmot will also be present at the meeting to discuss activities involving the Telecommuting Center. See attached memo, p. 15-16. The committee recommends approval. 14. The Rel!ional Airport Authoritv Requests a Fund 85 CaDital Proiect Fund Supplemental Aoprooriation in the Amount of $1.272.939.73 This amount is a carry forward and represents expenditures that were budgeted but not spent in FY 96. See attached memo, p. 17. The committee had no recommendation. 15. The Director of Social Services Requests a General Fund Suoolemental ADDrooriation in the Amount of $306.319 This amount is in addition to the $200,000 increase that was budgeted during the budget process, therefore, the total budget increase is S506,319. A representative from the Department of Social Services will be present to discuss the funding of this increase. Additional local funds are necessary. See attached worksheet, p. 18-22. The committee recommends approval. It is then recommended that the $200,000 local share be scrutinized by the County I[ I, Ii Ii 11097 I Administrator for any potential reductions. It was also requested that the Social Services FY 98 budget be submitted at the budget deadline. 16. The National Wildlife Federation b ReQuestinl! Tax Exemot Status from the County of Frederick This would result in a revenue loss for the County. See attached memo, p. 23-27. The committee recommends approval to send to Board to have a public hearing. 17. The Shawnee-Land Sanitarv District Manal!er Requests a Shawnee-Land Fund Suoolemental Aonropriation in the Amount of $34.956.57 This amount represents partial carry forward funds and is needed as a result of the winter storm damages to the road system. See attached memo, p. 28. The committee had no recommendation. 18. The Parks and Recreation Director Requests a General Fund Suoplemental Aoorooriation in the Amount of $75.000 This amount represents a carry forward and is needed to make various purchases and repairs. See attached memo, p. 29-31. The committee had no recommendation. The Finance Director has a discrepancy about the dollar amount. Please discuss this item at the Board of Supervisors meeting. 19. The County Administrator Requests a General Fund Suoolemental Aoorooriation in the Amount of $24.000 This amount is needed to make flood damage repairs due to Tropical Storm Fran and will be reimbursed to Frederick County in the form of a Soil and Water Conservation grant. Total repair costs equal $32,000. The remaining $8,000 is to be absorbed within the Public Works budget so a budget transfer could occur in the amount of $8,000. The committee recommends approval. The following items were submitted for the boards information only: 1. Attached is an acknowledgment and thank you from the Northern Virginia 4-H Educational Center for the $10,000 donation given by Frederick County for FY 1996-97. 2. Attached is an acknowledgment and thank you from the Northwestern Workshop, Inc. for the $17,956 donation given by Frederick County for FY 1996-97. BOARD OF SUPERVISORS COMMENTS There were no comments at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the board retired into executive session in accordance with Virginia Code, 1950, as amended, Section 2.1-344, Subsection A(I) and (5) to Discuss Personnel Issues and Economic Development. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sf., the 098 board withdrew from executive session. 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 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened into regular session and certified that nothing other than what was noted as reason for going into executive session was discussed. 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 KRIS TIERNEY APPOINTED AS PLANNING DIRECTOR AT AN ANNUAL SALARY OF $49.000 Mr. Longerbeam announced that Kris Tierney had been appointed Planning Director at an annual salary of $49,000, and further that he is being directed to bring back to the Board a personnel plan of operation as well as an organizational structural plan. SECOND BOARD MEETING OF OCTOBER. 1996 CANCELLED Mr. Shickle explained that he will be out of town on October 23rd the date of the regularly scheduled board of supervisors meeting and asked if this could be cancelled. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the board meeting of October 23, 1996 is hereby cancelled. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY CHARLES W. ORNDOFF, SR., AND PASSED UNANIMOUSLY, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. 1099 " '. , \ I ,I I' 1.1