Loading...
HomeMy WebLinkAboutMarch 09, 2005 Regular Meeting 375 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wedncsday, March 9, 2005, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Henry Tickner, Unitarian Universalist Church ofthe Shenandoah Valley delivered the invocation. ADOPTION OF AGENDA - APPROVED Administrator Rilcy advised that he had no additional items for the agenda. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the agenda was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for consideration under the consent agenda: Proclamation Re: KOVAR Weekend (Knights of Virginia Assistance to the Retarded - April 14-17,2005) - Tab C; Correspondence and Resolution Re: Changes in the Primary and Secondary System Due to Relocation and Construction on Route 645 - Tab E; Subdivision Waiver Request - Richmond American Homes of Virginia, Inc. - Tab N. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Ayc Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 376 I ! L _. Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the minutes from the February 23, 2005 Regular Meeting were approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF DONALD NESSELRODT AS AT-LARGE MEMBER TO THE FREDERICK COUNTY SOCIAL SERVICES BOARD - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the Board appointed Donald Nesselrodt to serve as At-Large member to the Frederick County Social Services Board, for a four year term, said term to expire March 9, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye APPOINTMENT OF JUNE WILMOT AS SHA WNEE DISTRICT REPRESENTATIVE TO THE FREDERICK COUNTY PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF WILLIAM ROSENBERRY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, June Wilmot was appointed as Shawnee District Representative to the Frederick County Planning Commission to fill the unexpired term of William Rosenberry, said term to expire November 14, 2005. Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 377 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF MARTIN KILLINGBECK AS GAINESBORO DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD _ APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board reappointed Martin Killingbeck as Gainesboro District Representative to the Historic Resources Advisory Board. This is a four year term, said term to expire April 12, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF ROBERT A. MORRIS AS SHAWNEE DISTRICT REPRESENTATIVE TO THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board reappointed Robert A. Morris as Shawnee District Representative to the Frederick County Planning Commission. This is a four year term, said term to expire April 28, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PROCLAMATION (#002-05) RE: KOVAR WEEKEND (KNIGHTS OF VIRGINIA ASSISTANCE TO THE RETARDED) - APRIL 14-17.2005 - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 i 31'8 role as sponsors ofKOV AR (The Knights of Virginia Assistance for the Retarded) have donated more than $7,500,000 since 1972 for allocation to 250 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Winchester Council, Knights of Columbus have resulted in more than $460,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Vallcy Community Residence, Heart Havens' Home and the Association for Retarded Citizens of Winchester/Frederick County; and WHEREAS, in last years KOVAR Weekend, Virginia Knights and their families raised over $500,000. NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick County Board of Supervisors, I do proclaim April 14 - April 17 ,2005 as KOVAR WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. This item was approved under the consent agenda. PROCLAMATION (#003-05) RE: DISABILITY AWARENESS WEEK - APRIL 15- 22. 2005 - APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board proclaimed April 15-22, 2005 Disability Awareness Week. WHEREAS, the United States Congress enacted the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public accommodations, transportation and telecommunications; and WHEREAS, thc Commonwealth of Virginia enacted the Virginians with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy ofthis Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and WHEREAS, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and WHEREAS, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, enjoy self determination, make choices, contribute to society and participate fully in the American experience; and WHEREAS, family, friends and neighbors playa central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and family, accommodating employers and community leaders who are aware ofthe needs and abilities of Virginians with disabilities; and WHEREAS, millions of people in the United States have disabilities, and with the increasing age of our population, Virginians and Americans must learn more about the special needs and abilities of this growing population; and WHEREAS, agencies and organizations throughout Virginia participate in disability awareness programs during disAbility Awareness Week to enhance public understanding of and appreciation for the limitations and abilities of people living with disabilities. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week of April 15-22, 2005 as disABILITY Awareness Week and calls this observance to the attention of all our citizens, and urge all residents to honor this occasion. Minute Book Number 30 Board of Snpervisors Regnlar Meeting of 03/09/05 379 The above motion and proclamation were approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CORRESPONDENCE AND RESOLUTION (#039-05) RE: CHANGES IN THE PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 645 - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this Board with a sketch dated November 19, 2004 depicting required changes to the Secondary Systcms of State Highways, which sketch entitled "Changes in the Secondary Systems Due to Relocation and Construction on Route 645, Project 0645-0340256, CSO l," is hereby incorporated by reference; and WHEREAS, a new road identified in RED and further identified as Section "A", and a route extension identified in RED and further identified as Section "B", was constructed under the Revenue Sharing Program and was administered by the County of Frederick by Resolution of Support #048-03, dated March 10,2003; and WHEREAS, the new roads identified in RED serves the same citizens as the old portion of old road identified in BLUE and further identified as Section "C" to be abandoncd and the portion to be abandoned no longer serves a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby request that the Virginia Department of Transportation add to the Secondary System of Highway the portions identified in RED on the aforementioned sketch, pursuant to 33.1-2229 of the Code of Virginia, 1950, as amended; and BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, abandons the portion identified in BLUE on the aforcmentioned sketch, pursuant to 33.1- 155 ofthe Code of Virginia, 1950, as amended; and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. RESOLUTION (#042-05) RE: ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Tylcr, the Board approved the Resolution re: Adoption of the National Incident Management System. WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, does hereby find as follows: WHEREAS, the President in Homeland Security Directive (HSPD)-S, directed the Secretary ofthe Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; Minute Book Number 30 Board of Supervisors Regular Meeting of 03109/05 380 WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resources management, and designated incident facilities during emergencies or disasters; WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the county's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; WHEREAS, the Incident Command System components ofNIMS are already an integral part of various county incident management activities, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System. NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the Board of Supervisors of the County of Frederick, Virginia, that the National Incident Management Systems (NIMS) is established as te County standard for incident management. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, February 22,2005 at 8 :00 A.M. All members were present except Jim Wilson. The following items were discussed: ***Items Requiring Action*** 1. Transfer Request to Purchase Used Dump Truck - Approved The committee reviewed and unanimously endorsed a request from Mr. Dave Burleson to transfer $35,000 from the ShawneeLand Sanitary District reserve account to the Parks and Recreation budget to purchase a 2002 GMC dump truck. The attached memorandum provides the justification and references the appropriate line items. (Attachment 1) Miuute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 381 Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved an appropriation in the amount of$35,000 from the ShawneeLand Sanitary District reserve account to the Frederick County Parks and Recreation budget. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Ayc Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. Chanl:e Sunday Operation Hours at Countv Convenience Sites - Approved The Director of Public Works presented a request from the Solid Waste Manager, Gloria Puffinburger, to change the Sunday hours of operation at the convenience sites from the current range of I :00 p.m. to 6:00 p.m. to a range of 10:00 a.m. to 3 :00 p.m. This request was unanimously endorsed by the Committee. Appropriate advertising methods will be performed prior to implementing the new hours. No additional costs will be incurrcd as a result of this change. (Attachment 2) Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***Items Not Requiring Action*** 1. Update on Renovation of Old Frederick Countv Courthouse Courtroom The Public Works Director presented a brief update on the renovation of the old county courtroom. As a result of this presentation, a memorandum summarizing the Committee's action was forwarded to the Board of Supervisors for their review and consideration during their regularly scheduled meeting on February 23,2005. (Attachment 3) Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 382 L__ 2. Method of Lot Sales in the ShawneeLand Sanitary District (SSD) Mr. Dave Burleson presented two methods of selling surplus lots owned by the SSD. These methods included sealed bids and public auction. The Committee favored the public auction process provided this method is in compliance with approved procuremcnt procedures. Staff will consult with the Director of Finance to determine the acceptable procedure for selecting an auctioneer service. The results of this process will be returned to the Committee for consideration. 3. Revisions to Erosion and Sediment Control Ordinance Deputy Director of Public Works, Joe Wilder, presented proposed changes to the erosion and sediment control ordinance. He related that the proposed changes have been reviewed by an ad hoc committee comprised of members ofthe Public Works Committee (Lynda Tyler, Whit Wagner, and Bob Wells) and presented to the Top of Virginia Building Association for their review and comment. Representatives of the Top of Virginia have endorsed all of the changes except one clarification issue related to the responsibility of cleaning mud from new roads. The Committee unanimously endorsed the changes and recommended that they be forwarded to the Code and Ordinance Committee for their review and comment. 4. Miscellaneous Reports: Tonnage Report: Landfill (Attachment 4) Recycling Report (Attachment 5) Animal Shelter Dog Report (Attachment 6) Animal Shelter Cat Report (Attachment 7) PUBLIC SAFETY COMMUNICATIONS COMMITTEE REPORT - APPROVED The Frederick County Public Safety Committee met Wednesday, March 2, 2005 at I :50 PM. Committee members present were: Chair Barbara Van Osten, Carolyn Glaize, Director Frederick County Fire and Rescue Gary DuBrueler, Sheriff Robert T. Williamson, Gary Dove, Gene Fisher, and Hans Nydam. Also in attendance was Operations Supervisor, LeeAnna Pyles. The following items were discussed: ***ltems Requiring Action*** 1. Revenue Recovery Fire and Rescue - Approved the Creation of a Committee to Study the Issue of Revenue Recoverv Gary DuBrueler provided the Committee members with information requested by John Riley in reference to revenue recovery for Fire and Rescue. The Committee made a motion to take this item to the Board with no approval and request that the Board appoint a committee to study the issue further. Upon a motion by Supervisor Van Ostcn, scconded by Supervisor Tyler, the Board approved the creation of a committee to study the issue of revenue recovery. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meetiug of 03/09/05 383 Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board established a six-member committee made up of three Board of Supervisors members, one representative from the Volunteer Association, one representative from the career staff: and one citizen member. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Supervisors Dove, Tyler, and Van Osten were appointed as the Board representatives to this newly created committee. 2. Resolution for the Adoption of the National Incident Manaeement System - Auuroved Earlier in the Meetine Under Separate Tab A motion was made to send the declaration of The National Incident Management System to the Board for adoption with no recommendation. Whereas, the President of Homeland Security Directive (HSPD)-5, has directed the Secretary ofthe Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity. Approved as a separate item, under Tab F. 3. Fire and Rescue Summit - Auuroved A motion was made for the following item to go before the Board. Gary DuBruelcr would like to provide a summit for the Frederick County Fire and Rescue Department to help in developing a better working relationship. This summit would be open to the Board members, volunteers, and career staff. This would be a 2-day event with an approximate cost of $5,000.00. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved the above request and appropriated $5,000 to be transferred from the operational contingency fund. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 384 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***Items Not Requiring Action*** 1. Discussion of Communitv Summit of Disaster Preparedness The Disaster Summit was postponed and has possibly been rescheduled for March 18,2005 at 9:00 AM. Barbara Van Osten will be sending out a memo with location. 2. Microwave LODe Radio Svstem The proposal has been prepared and will be advertised for bids next week. Deadline for the first expenditures is April 30, 2005. A request will be brought to the Finance Committee for funding from the General Fund and will be reimbursed when the grant funds are returned. 3. MeetiDl! Date The next meeting ofthe Public Safety Committee will be April 27, 2005 at 2 P.M. PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK. VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA, 1950, AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $7,140,000.00 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. RESOLUTION (#040-05) - APPROVED WITH AMENDED AMOUNT Administrator Riley advised that this was a publ ic hearing on a resolution for the Board the authorize financing through the Virginia Public School Authority in the amount of$7,410,000.00 Chairman Shickle convened the public hearing. Stuart Wolk, Red Bud District, At-Large member of the Frederick County Public School Board, and Chairman ofthe Buildings and Grounds Committee, appeared before the Board to speak in favor of this application. He cited the proposed transportation facility and the replacement of Gainesboro Elementary School as two important components ofthe school's capital improvement plan. He discussed the current inadequacies of both facilities and how approval of this funding would allow the School Board to begin working towards alleviating the problems. He concluded by urging the Board to approve this resolution. Larry VanHoose, Opequon District and Chairman of the Frederick County School Board, stated that the School Board could not bring any plans forward for the transportation facility and Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 - 385 Gainesboro School without the funds from this bond issuance. He encouraged the Board to approve this application. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Van Osten moved to approve the resolution authorizing the issuance and sale of not to exceed $7,410,000 gencral 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. The motion was seconded by Supervisor Forrester. Supervisor Ewing stated thatthere were two projects within this application that had not been approved by this Board and therefore, he would have to vote against the resolution. Vice-Chairman Dove stated that he did not like the current process and asked ifthe money to pay for the design of these two projects could be takcn out offund balance, so these monies would not have to go through a bond issuance, with the County to be reimbursed through a futurc bond Issuance. Administrator Riley rcsponded that could be done. Dr. William Dean, Superintendent of Schools, stated that it would be okay for thc County to seek reimbursement as he did not know of anything, legally, that would prohibit it. Lisa Frye, Frederick County Public Schools' Finance Director, advised that the Board could pull the two projects out of this bond issuance, funds could be appropriated out offund balance, and then the Board could ask for those monies to be reimbursed in the fall issuance. Supervisor Ewing clarified that his reluctance to approve these projects was not based on a lack of need for them, but rather the process and that the projects had not been approved by the Board of Supervisors. Supervisor Fisher stated that he agreed with Supervisor Dove's remarks, especially those relative to the two new facilities. Supervisor Tyler asked Supervisor Ewing how he would like to see the process change. Supervisor Ewing stated that he would like to see the school board come to the Board of Supervisors and request approval of the projects before asking for money. After further discussion, Supervisor Van Osten withdrew her original motion. Supervisor Van Osten moved to approve an amended resolution authorizing the issuance and Minute Book Number 30 Board of Supervisors Regnlar Meeting of 03/09/05 386 sale of not to exceed $6,360,000 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, for the Admiral Byrd Middle School and 11 th elementary school. The transportation facility and Gainesboro Elementary School are dropped for the purposes of getting approval to use fund balance and seek reimbursement from bonds proceeds at a later date. The motion was seconded by Supervisor Forrester. 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 $6,360,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on March 9, 2005 on the issuance of the bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the objective of the Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale ofVPSA's bonds. WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: I. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $6,360,000 (the "Bonds") for the purpose offinancing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman ofthe Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman ofthe Board, or either of them, and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered fOrol 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 2005" (or such other designation as the County Administrator may approve) shall bear interest from the date of Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09105 387 delivery thereof payable semi-annually on each January 15 and July 15 (each an "Intcrest Payment Date"), beginning January 15,2006, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request ofVPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept thc interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than 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 six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount ofthe Bonds and the amounts of principal ofthe Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity ofthe Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11 :00 a.ill. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepavment or Redemption. The Principal Installments ofthe Bonds held by the VPSA coming due on or before July 15,2015, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2015 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 15,2015 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15,2015 are subject to prepayment or redemption at the option ofthe County prior to their stated maturities in whole or in part, on any date on or after July 15,2015 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount ofthe Bonds to be redcemcd) sct forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2015 to July 14, 20 16, inclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . July 15,2016 to July 14,2017, inclusive..................... ............ 101% 100.5 Minnte Book Nnmber 30 Board of Supervisors Regular Meeting of 03/09/05 388 July 15,2017 and thereafter........ . . ... . ............ . . . . . . . ... . 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the 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 ofthe Board and the County Administrator, or either ofthem and such officer or offieers ofthe County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment ofthe 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 (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 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 ofthem and such officer or officers ofthe County as either ofthem may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds ofthe Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions ofthe Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by thc VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 389 authorized and directed to cause a certified copy ofthis Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman ofthe Board, and such other officers, employees and agents ofthe County as either of them may designate are hercby authorized to take such action as the County Administrator or the Chairman of the Board may consider neccssary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmcd. 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 9, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certifY that such mceting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately rccords (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gcne E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Ayc Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED ORDINANCE CREATING THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-5156 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON AN ORDINANCE (THE "ORDINANCE") CREA TING THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY (THE "CDA"). THE ORDINANCE AUTHORIZES THE CREATION OF THE CDA FOR THE PURPOSE OF FINANCING VARIOUS INFRASTRUCTURE IMPROVEMENTS INCLUDING ROAD AND WATER AND SEWER IMPROVEMENTS AND AN OVERPASS OVER INTERSTATE 81 IN CONNECTION WITH A PROPOSED MIXED USE DEVELOPMENT AND ESTABLISHES CERTAIN OTHER DETAILS WITH RESPECT TO THE CDA.- RESOLUTION #041-05 - APPROVED Administrator Riley advised that the purpose of creating this Community Development Authority ("CDA") is to privately finance improvements within the proposed development. These improvements include curb and gutter, sidewalks, roads, and a bridge of Interstate 81. The CDA would have a five mcmbcr Board of Directors who could be appointed by the Board this evening. The CDA would hire a professional financial advisor to assist with assessments of the affected properties within the CDA. Supervisor Tyler asked how she could gain a level of comfort that enough bonds would be Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 39 sold to cover the cost of the improvements. Bonnie France, McGuire Woods, LP, bond counsel, reviewed the four steps involved in creating the CDA. These included: Creating the CDA. Levying the special assessment. Appropriating the annual assessment amount to pay for the bonds. Reappointing the CDA members every four years. Ms. France advised that the second phase ofthe process would give the Board more information on the cost of the improvements, prior to levying the special assessments. Supervisor Forrester asked what type of mechanism the Board had to ensure the infrastructure would be completed. Ms. France responded that the investors might require a performance bond to ensure the improvements are completed. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board approved the Ordinance Creating the Russell 150 Community Development Authority. WHEREAS, the Board of Supervisors of Frederick County, Virginia (the "Board") has received a petition (the "Petition") from Russell 150, LC (the "Landowner") for the creation of the Russell 150 Community Development Authority (the "CDA"), and the Landowner has represented that it owns all of the land within the proposed CDA district; and WHEREAS, a public hearing has been held on March 9, 2005 by the Board on the adoption of this Ordinance and notice has been duly provided as set forth in G 15.2-1427 of the Code of Virginia of 1950, as amended and 9915.2-2104 and 15.2-5156 of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, the Board proposes to create the CDA in order to provide the public improvements described in the Petition; WHEREAS, the creation of the CDA to assist in financing certain improvements in connection with the proposed development within the CDA District will benefit the citizens of Frederick County, Virginia (the "County") by promoting increased employment opportunities, a strengthened economic base, increased tax revenues and additional commercial and business opportunities, and will meet the increased demands placed upon the County as a result of development within the CDA district; and WHEREAS, the Landowner has waived in writing the right to withdraw its signature from the Petition in accordance with 915.2-5156 of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 391 1. Creation of Authoritv. The Russell 150 Community Development Authority is hereby created as a public instrumentality in accordance with the applicable provisions of the Act. The CDA shall have the powers set forth in the Act. 2. Boundaries ofCDA. The CDA boundaries shall initially include the property identified in the attached Exhibit A (the "Initial CDA District"). In accordance with S 15.2-5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the Circuit Court of Frederick County fo reach tax map parcel in the CDA district as such CDA district exists at the time of issuance of the CDA's bonds (the "Bonds") and the CDA district shall be noted on the land records of the County. The Board of Supervisors, upon the request of the CDA or the Landowner, may, by resolution, release or exclude from the CDA district (i) at any time before the issuance of the Bonds certain portions ofland as long as at least 100 acres ofland remains in the CDA district and (ii) after the issuance of the Bonds only de minimis portions of land not to exceed approximately two acres. In addition, the CDA may release and exclude from the CDA district parcels ofland with respect to which all special assessments have been paid or prepaid. 3. Facilities and Services. The CDA is created for the purpose of exercising the powers set forth in the Act, including financing, constructing, acquiring and developing, and owning and maintaining ifnecessary, certain improvements in connection with the development of a mixed use, residential and commercial development as described in the Petition and the CDA's Articles ofIncorporation. The CDA shall have all the powers provided by the Act. The CDA shall not provide services which are provided by, or obligated to be provided by, any authority already in existence pursuant to the Act unless such authority provides the certification required by 915.2-5155 of the Act. 4. Articles of Incorporation. Attached as Exhibit B are the proposed Articles of Incorporation of the CDA. The County Administrator is authorized and directed to execute and file such Articles of Incorporation on behalf of the Board with the State Corporation Commission in substantially the form attached as Exhibit B with such changes, including insubstantial changes to the boundary description ofthe CDA district described therein, as the County Administrator may approve. The County Administrator is authorized to approve such changes or corrections to the Articles of Incorporation prior to filing with the State Corporation Commission as do not change the purpose or function of the CDA as set forth in this Ordinance and in the Petition. 5. Capital Cost Estimates. The Board hereby finds, in accordance with 915.2-5103(B) of the Act, that it is impracticable to include capital cost estimates, project proposals and project service rates, except as preliminarily summarized in the Petition. 6. Membership of the Authority. (a) The powers of the CDA shall be exercised by an authority board consisting of five members. (b) All members of the CDA board shall be appointed by the Board by resolution in accordance with the provisions of G 15.2-5113. (c) The initial members of the CDA board shall be as set forth in the Articles of Incorporation for the terms set forth therein. (d) Each CDA board member shall receive such compensation for his or her services as a CDA board member as may be authorized from time to time by resolution ofthe CDA board, provided that no member shall receive compensation in excess of$300 per meeting attended unless authorized by resolution of the Board. 7. Plan of Finance: Issuance of Bonds. Minute Book Number 30 Board of Supervisors Regular Meeting of 03109/05 392 (a) The improvements, services and operations to be undertaken by the CDA as described herein and in the Petition shall be funded from all or some ofthe following sources: (i) bonds to be issued by the CDA; (ii) special assessments to be levied pursuant to Virginia Code Section l5.2-5l58A5 and (iii) any other source offunding available to the CDA including rates, fees and charges to be levied by the CDA for the services and facilities provided or funded by the CDA. (b) The Bonds to be issued by the CDA will be used to pay the costs of certain infrastructure as described herein and in the Petition, the costs of issuing the Bonds and any required reserves, and interest on the Bonds prior to, during and after construction for a period up to three years after the Bonds are issued. (c) Any bonds issued by the CDA or any other financing arrangements entered into by the CDA will be debt ofthe CDA, will not be debt or other obligation ofthe County and will not constitute a pledge offaith and credit of the County. 8. Effective Date. This Ordinance shall take effect immediately. Supervisor Tyler stated that in light of no help from the State and County this proposal would go far in building needed infrastructure improvements. Supervisor Fisher stated that he had concerns about the 522 connection relative to this project and he wanted to put the developer on notice that when this project comes before the Board during the rezoning process, this would be an issue for him. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board approved the following initial members of the Russell 150 Community Development Authority: John S. Scully, IV Dale Fritts Charles (Chuck) M. Maddox, Jr. John Marker Alan Hudson These are four year terms, said ternlS to expire March 9, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 393 Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - PURSUANT TO TITLE 58.1-3321 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK IS HOLDING A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE 2005 GENERAL REASSESSMENT OF REAL PROPERTY IN FREDERICK COUNTY. VIRGINIA. IF THE GENERAL REASSESSMENT WILL RESULT IN AN INCREASE OF 1 PERCENT OR MORE IN THE TOTAL REAL PROPERTY TAX LEVIED. A PUBLIC HEARING IS REOUIRED THAT IS SEPARATE FROM THE PUBLIC HEARING ON THE PROPOSED FISCAL YEAR BUDGET Administrator Riley introduced Commissioner ofthe Revenue Ellen Murphy to highlight the reassessment process. Commissioner Murphy advised that the County conducts a general reassessment of all real estate within the County every four years. The overall dollar increase in taxable book value for 2005, after adjustments for land use and new construction, was equivalent to 46%. She then explained the adjustments in land-use deferral. She advised that for the 2005 reassessment taxable valuc ofland for all land in land-use was held constant at 100%, ifit did not have a dwelling. Administrator Riley reviewed the property value increases and stated that 70.1 % of the properties in Frederick County would be impacted by an amount greater than 46%. He went on to say that this evening's public hearing was being held on an advertised effective rate increase of 10% or five cents. In order to calculate this rate, the County must determine what tax rate would generate the same level of income as the old rate, based on the new assessed values. Once this amount has been determined, the increase is then calculated on the new rate. Administrator Riley advised that the county has estimated that a tax rate of 50 cents would generate the same level of income; therefore, 5 cents would equate to a 10% increase. He concluded by suggesting that the Board begin its public hearing on the General Reassessment and proposed effective tax rate increase. Supervisor Dove asked why there was such a big difference in properties during this reassessment. Commissioner Murphy responded that the reassessment is based on the market and the values are reflective of the market drive. Chairman Shickle stated that he was troubled by the higher than usual potential for devastating impact to the county's citizens, as a result of the higher assessment values. Minute Book Number 30 Board of Supervisors Regnlar Meetiog of 03109/05 I 394 Commissioner Murphy stated that the current tax relief program leaves the County with a gap because it only applies to the poorest within the community. She stated that this has been an extreme reassessment. She concluded by saying that the Board could offer more relief, but it would be too late to change for this tax year. Supervisor Forrester how Frederick County compared to other jurisdictions. Commissioner Murphy responded that the top 2/3 ofthe State were feeling the same growth. Chairman Shickle convened the public hcaring. Alfred White, Gainesboro District, advised that he was a recent resident to the county and he moved here because of the school system. He stated that the impact ofthe reassessment to the taxpayer is understood, but the Board must look at the impact of the tax base on the schools. He concluded by saying that the Board should not just look at today, but at the costs down the road. Roy Agrillo, Gainesboro District, advised that he was retired and was opposed to any tax increase above the 50 cent neutral rate. He stated that he was concerned about all of the building occurring in the County. He stated that the budget was powered by the School Board, but this budget was on the back of the property owners in the County. He concluded by urging the Board to look at other options for generating revenue. Mike Weigand, Gainesboro District, stated that if education funding was dependent on the reassessment then he urged the Board to consider full funding of education. Kenneth Burcham, Stonewall District, advised that he lived on a limited budget and his property was not large enough to qualify for farm use. He went on to say that the reassessment increase on his property was phenomenal. He stated that he would appreciate a change in the rate so he would not be restricted on where hc could afford to live. There being no further public comments, Chairman Shickle closed the public hearing. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: PROPOSED CHANGE TO SECTION 165-37D (3). BUFFER AND SCREENING REQUIREMENTS. THIS PROPOSED CHANGE TO THE ORDINANCE WOULD ALLOW WAIVING OF DISTANCE REQUIREMENTS FROM THE Bl (NEIGHBORHOOD BUSINESS) DISTRICT AND THE B2 (GENERAL BUSINESS) DISTRICT ZONING DISTRICT BUFFERS REQUIREMENTS. - APPROVED AS AMENDED Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 395 Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that the Development Review and Regulations Subcommittee (DRRS) discussed a request from Greenway Engineering to amend Section 165-37 D (3) of the Frederick County Zoning Ordinance to allow waiving of distance requirements from the zoning district buffer requirements. Section 165-37 D (3) currently requires the establishment of a category "B" buffer when B-1 (Neighborhood Business) and B-2 (Business General) are developed adjacent to RA- zoned properties primarily used for residential use. Staff recommended that any waivers be limited to distances, not to screening. The Planning Commission recommended approval of the proposed amendment. Evan Wyatt, Greenway Engineering, advised that Greenway had initiated this request. He stated that the Comprehensive Plan has provisions to introduce commercial uses in rural centers and these waivers would facilitate the location ofthose facilities. He went on to say that the waiver does not reduce screening, buffering, and/or landscaping requirements and it docs not allow structures to encroach into existing setbacks. Supervisor Fisher asked if there was a mechanism that would show the consent of the adjacent property owner. Mr. Wyatt responded that those requesting such a waiver would have to provide to the Planning Department a letter from the adjacent property owner. Supervisor Fisher asked if it would go with the property in the future. Mr. Wyatt responded that it could be a requirement that the document be legally recorded so it would show up during a title search. Supervisor Tyler stated that she was tired of giving this type of waiver authority to the Planning Commission. Zoning Administrator Cheran responded that ifthe Board wanted to make that change then the Board could do that. He stated that DRRS suggested that the Planning Commission be given this authority. Director Lawrence responded that usually design waivers go to the Planning Commission and any subdivision waivers are sent to the Board. Chairman Shickle convened the public hearing. Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 396 , , ---.---- There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved Ordinance Amending the Frederick County Code, Chapter 165, Zoning, Article IV - Supplementary Use Regulations, Section 165-37 D (3), to Allow Waiving of Distance Requirements from the Zoning District Buffers Requirements, with the Board of Supervisors to have the authority to grant these waivers, with a recommendation to come from the Planning Commission. WHEREAS, an ordinance to amend Article IV, Supplementary Use Regulations, Section 165-37 D (3), to allow waiving of distance requirements from the zoning district buffers requirements was considered by the Planning Commission and the Devclopment Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval ofthis amendment on December 9,2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on February 16,2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on March 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Article IV, Supplementary Use Regulations, Section 165-37 D (3) is amended to allow waiving of distance requirements from the zoning district buffers requirements. This amendment is amended as described on the attachment. (3) Whenever land is to be developed in the B-1 (Neighborhood Business) or B-2 (Business General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a "B" category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of Section 165-37 D (1) (a) may be reduced provided thefulllandscaping screening requirements of this section are met. This ordinance shall be in effect on the day of adoption. Supervisor Fisher stated that he felt the Planning Commission deals more with planning versus political issues, so from a planning basis the waiver authority is where it ought to be. Supervisor Tyler stated that she wanted to see these requests until the issue of who should grant waivers gets resolved. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 397. Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN - ADAMS DEVELOPMENT GROUP _ APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised that this was an application to develop 59 acres of B-3 (Business, Industrial Transition) zoned property in the Stonewall District. The applicant has agreed provide a landscaping strip. The site is restricted to one commercial entrance off of Martinsburg Pike. The proposed uses for this site are office, warehouse, self-service storage land uses as well as building materials and lumber stores, and wholesale with accessory retail. She advised that building materials and lumber stores and wholesale with accessory retail will only be allowed if revised proffers are approved for this property. She concluded by saying that the Planning Commission recommended approval of this plan. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised that one change had been made to the storm water management area because the Army Corps of Engineers felt this area was pristine wetlands. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved Master Development Plan #02-05. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye SUBDIVISION WAIVER REOUEST - RICHMOND AMERICAN HOMES OF VIRGINIA. INC. - APPROVED UNDER CONSENT AGENDA This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no board liaison reports. Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 398 CITIZEN COMMENTS Mike Mills, Opequon District, addressed the Board regarding the funding of the school budget. He stated that the salaries in Frederick County are not compatible with the market place. This results in teachers with less than 10 years experience using Frederick County as a training ground and then leaving for higher paying jurisdictions. He concluded by saying that he believed the school board request was reasonable. Barbara Salyer, Stonewall District, stated that she counted her blessings for schools that have so much to offer. She agreed with the need to keep teachers in our system and she was concerned about teachers who leave and those who stay. She went on to say that the children need help keeping a system that will help them. She concluded by asking the Board to please listen to the taxpayers of Frederick County and provide an education for our children by fully funding the schools. Kimberly Salata, Stonewall District, stated that she wanted more tax dollars to go to the schools and that most people agree with her position. She concluded by saying that the Board 0 Supervisors should provide funding to help teachers do their job because education is the greatest need and investment. Elaine Kurtz, Stonewall District, stated that the school budget cuts alarm her greatly. She applauded the Board for trying to keep taxes down; however, the growth in the County is coming from the quality of education we are offering, but the school board is not given the means to keep the education programs going. She concluded by urging the Board to fund the school board budget. Lauren Brockey, a student a James Wood Middle School, stated that she was in all AP classes and an honor roll student. She was hearing impaired, with moderate hearing loss, and had trouble hearing in large classrooms. She asked the Board to give the school the tax rate it needs to open Admiral Byrd Middle School. She concluded by urging the Board to vote for the 10% mcrease. Rachel Brockey, Back Creek District, applauded the Board for approving the expansion 0 residential and commercial development. She stated that the joint collaboration between the school board and board of supervisors has not happened. She went on to say that the parents are not here to complain about the schools, but to voice their pleasure with them. She concluded by saying that Minute Book Number 30 Board of Supervisors Regular Meeting of 03/09/05 I L__ 399 she appreciated the predicament ofthose concerned about their assessments. Dana Francis, Gainesboro District, stated that she was a parent of two children and she supported full funding for the school budget. She went on to say that she has seen good teachers transfer to higher paying school districts. She believed the problem was the County's historically low pay scale. She concluded by saying that the County needs a strong school system to maintain the community and that taxes would need to go up to pay for this growth. Daria Barrett, Back Creek District, stated that she was concerned about the school system. She informed the Board that she had chosen to retire here because of the good school system. She asked the Board to support the school budget and fund the requested level of cducation. She concluded by saying that when education was shorted, the community was shorted. Rebecca Watson, Stonewall District, expressed her concern that inadequate school funding is causing us to play catch up with surrounding counties. She asked the Board ifthey were on the side of the developers, who build, or the children who need an education. She wcnt on to say that thc proposed 55 cent tax rate would exacerbate the under funding, but a 57 cent tax rate would be a good investment for education. Teisha Bryan, Red Bud District, thanked the Board for the job they do. Shc stated that she had reviewed the school budget and asked the Board what parts they felt were not necessary to fund and where the cuts should be made. She urged the Board to do what was right for children. Steve Cunningham, Red Bud District, spoke in support ofthe school budget. He stated that he has two kids who benefit from Frederick County Schools. He went on to say that with a 55 cent tax rate the schools will again barely keep their heads above water. He stated that the County was behind in student teacher ratios. He concluded by saying that the school budgct is not extravagant, but is economical and he askcd the Board to do what is right and give the schools the money the need to do their job. BOARD OF SUPERVISORS COMMENTS Supervisor Forrester stated that she was proud to hear from the citizens tonight. Supervisor Tyler stated that she understood special needs situations and she appreciated cvcryone taking time to come out and address the Board. ADJOURN Minute Book Number 30 Board of Supervisors Regular Meeting of 03109/05 400 UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:55 P.M.) , v c O~~ Richard C. Shickle Chairman, Board of Supervisors JlJte.1}f Clerk, Board of Supervisors Q I E '-in Jay E. Ti~S Deputy Clerk, Board of Supervisors Minutes Prepared By: Minute Book Number 30 Board of Supervisors Regular Meeling of 03/09/05