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October 9 2013 Regular Meeting Minutes
09� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 9, 2013, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab D; - Human Resources Committee —Tab E; and - Road Resolution — Brookland Manor Subdivision —Tab L. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 10/09/13 Robert W. Wells 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 Hess, seconded by Supervisor Fisher, the Board approved the minutes from the September 9, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION TO SHERANDO HIGH SCHOOL BASEBALL TEAM Chairman Shickle presented a framed copy of the RESOLUTION IN HONOR OF THE 2013 GROUP AA STATE CHAMPION SHERANDO HIGH SCHOOL WARRIORS BASEBALL TEAM to Coach Pepper Martin and members of the Sherando baseball team. The original resolution was approved on July 10, 2013. EMPLOYEE OF THE MONTH AWARD — JODI L. JONES - RESOLUTION #016 -13) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Jodi L. Jones as Employee of the Month for October 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Jodi L. Janes who serves the Frederick County Fire and Rescue Department was nominated for Employee of the Month; and WHEREAS, Jodi L. Jones is being awarded for her loyalty and commitment to the Round Hill Volunteer Fire Company, which is the first due company to the new Lutheran Home at Orchard Ridge in Frederick Couniy. Specialist Jones has worked with the staff at Round Hill VFC and Orchard Ridge to establish apre- incident plan for the large residential complex. She has conducted countless walk- throughs of the facility, gathering information in order to develop a plan with a detailed layout of all of the floors and features of the building. The documents have been loaded onto Frederick County's Fire Management System and will allow fire and rescue workers access to apre- incident plan while on the scene of an emergent situation. Minute Book Number 39 Board of Supervisors Regular Meeting of I0 /09113 D9�' Specialist Jones was able to successfully complete this task along with her other daily duties and projects. Specialist Jones is to be commended for her initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 9�' day of October, 2013 that Jodi L. Jones is hereby recognized as the Frederick County Employee of the Month for October 2413; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Jodi L. Jones for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Jodi L. Jones is hereby entitled to all of the rights and privileges associated with this award. Adopted October 9, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Chairman Shickle also noted that Jodi L, Jones was awarded Firefighter and EMS Provider of the Year by the Frederick County Fire &Rescue Association at its annual picnic held in September. The Board extended their congratulations to Jodi for receiving this honor. COMMITTEE APPOINTMENTS REAPPOINTMENT OF JAY C. MEYERS AS GAINESBORO DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor DeHaven, the Board reappointed Jay C. Meyers as Gainesbaro District representative to the Industrial Development Authority. This is a four year appointment. Term expires November 18, 2017. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF WILI SANITARY DISTRICT ADVIS �2Y COMMITTEE - f�17l71 Y: i �1 Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed William T. Swimley to the Shawneeland Sanitary District Advisory Committee. This is a iwo year appointment. Term expires November 9, 2015 Minute Book Number 39 Board of Supervisors Regular Meeting of 14/09/13 ��i The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 1r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye NOMINATION OF ROSALIE CORNWELL, RONALD V. SHICKLE, AND LEON W. STROSNIDER TO THE BOARD OF EQUALIZATION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board nominated .Rosalie Cornwell, Ronald V. Shickle, and Leon W. Strosnider to the Board of Equalization. Appointments would be for a period of three years. Terms expire December 31, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A: Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 10, 2013. Members present were: Marty Cybulski, Kevin Anderson, Christopher Collins, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Patrick Anderson, Greg Brondos, Jr., and vacant appointment from Stonewall District. Items ReQUirin� Board of Supervisors Action: 1. The Parks and Recreation Commission recommended purchasing iwo zero turn mowers and a sun shade for the Sherando Pool Complex with the funds the department is returning from the Fiscal 2013 budget, second by Mr. Kevin Anderson, motion carried unanimously (5 -0). This recommendation will be forwarded to the Finance Committee. Submitted for Board Information Onl 1. Cosponsor Policy — Mr. Sandy moved to adopt Cosponsor Policy as submitted, second by Mr. Madagan, motion carried unanimously {5 -0). Please find attached a copy of the approved Cosponsor Policy (500.02). 2. Finance Committee —The Finance Committee recommended adopting the Facility Rental Policy, Vendor Policy, and Fiscal 15 Fees and Charges with changes as submitted, second by Mr. Longerbeam, motion carried unanimously (5 -0). Please find attached a copy of the approved Vendor Policy (500.16) and Facility Rental Policy {500.19 }. You will also fnd enclosed a copy of the approved Fiscal 2015 Fees and Charges. HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA Minute Soak !Number 39 Board of Supervisors Regular Meeting of 10/09/13 � • The HR Committee met in the First Floor Conference Room at 107 N. Kent Street an Friday, September 6, 2013, at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Robert Wells, citizen members Dorrie Green and Beth Lewin. Committee members absent were citizen member Barbara Vance and Supervisor Chris Collins. Also present were: Assistant County Administrator Kris Tierney, County Attorney Rod Williams, NRADC Superintendent Jim Whitley, Finance Director Cheryl ShifIler, Planning Director Eric Lawrence, and DSS representative Delsie Butts. 1. None ** *Items Requiring Action * ** ** *Items Not Requiring Action * ** 1. Presentation by the Director of Planning and Zoning, Eric Lawrence. At the request of the Committee; Mr. Lawrence presented an overview of the objectives and responsibilities of the Planning and Zoning Department. The presentation also provided the Committee an understanding of his employee population, the skills required, and topics of importance within his department. Presentation attached. There being no further business, the meetingrs adjourned. The next HR Committee meeting is scheduled for Friday, October 4, 2013. FINANCE COMMITTEE REPORT - APPROVED The Finance Coli3mittee met in the First Floor Conference Room at 107 North Kent Street on Monday, September 30, 2013 at 8:00 a.m. All members were present. Items 2, 4, 5, b, 7, and 8 were approved under consent agenda. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $354,506. This amount represents fixnds required to eliminate the "Kelly Day" scheduling method. This item has been reviewed by both the Public Safety and Human Resources committees and forwarded to the Finance Committee with support. See attached information, p. 5 -8. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Boak Number 39 Board of Supervisors Regular, Meeting of 10/09/13 r� 2. The Fire &Rescue Chief requests a General Fund su lemental a ro riation in the amount of $2,202.30. This amount represents a carry forward of proffer funds for the Stephens City Fire facility rehabilitation. This completes the project. See attached memo, p. 9. — Approved Under Consent Agenda. 3. The Parks &Recreation Director requests the approval of the Recreation Reserve Fund Policy and the creation of the Parks Capital Projects Fund. Policy has been approved by the Parks &Recreation Commission. See attached information, p. 1012. The committee recommends approval. -- Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Board approved the above request by the following recorded vote: i Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. The Sheriff requests a General Fund su lemental a ro riation in the amount of $�1 1,00, This amount represents DARE donations. No local funds required. See attached memo, p, 13 -14. — Approved Under Consent Agenda. 5. The Sheriff requests a General Fund su Iemental a ro raatian in the amount of $1,100. This amount represents reimbursements far firing range use. No local funds required. See attached memo, p. 15. — Approved Under Consent Agenda. . 6. The IT Director requests a Ge en 1 �dfunds� No local funds requiredthSee attached 16� (,J(�(6. This amount represents unsp g memo, p. 1b -23. — Approved Under Consent Agenda. 7. The GIS Manager requests a General Fund su lemental a ro riation in the amount of $20,000. This amount represents r 24mb Aemroved Under Consent Agendaance. No local fiends required. See attached memo, p pp 8. The Deputy Public Works Director requests a Lake Haiiday Sanitar District Fund su lemental a ro riation in the amount of $3 272.50. This amount represents a carry forward of funds needed to pay for the final engineering services invoices. See attached memo, p. Z5 -2b. _Approved Under Consent Agenda. 9. The Finance Director requests an EMS Revenue Recove Fund su lemental a ro riation in the amount of 850 000. This is needed to move the EMS Recovery program budget to its own fund. The original General Fund supplemental appropriation was approved at the August Finance Committee meeting. The committee recommends approval. — Approved• Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle AYe Charles S. DeHaven, Jr. AYe Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye � 10. The Finance Department presents FY 2013 yearend financial information. Se attached, p. 27 -34. Minute Book Number 39 Board of Supervisors Regular Meeting of 10/09/13 10� 11. The School Finance Dirrector provides FY 2013 yearend financial information and is available for discussion. See attached, p. 3S -6i. ** *Information Only * ** 1. The Finance Director provides a. Fund 10 Transfer Report for FY 2014. See attached, p. 62. 2. The Finance Director provides FY 2014 financial statements for the period ending August 31, 2013. See attached, p. 63 -73. 3. The Parks &Recreation Department returned $13,681 of unused appropriated proffer funds for the purchase of the 20 passenger bus. The original appropriation was $75,000. See attached memo, p. 74. 4. The County provides the FY 2013 year end open purchase order list. See attached, p. 75 -80. 5. The County Schools provide the FY 2013 year end open purchase order list. See attached, p. 81 -84. 6. The 1T Committee report is provided for an update an the fire reporting software. See attached, p. 85 -91. 7. The Assistant County Administrator provides the yearly report from the Shenandoah Valley Battlefields Foundation regarding funding derived from Star Fort homeowner assessments. See attached information, p. 92 -95. 8. The Shenandoah Valley Discovery Museum and the Winchester- Frederick County Youth Football League send notes of thanks for the County's continued support. � See attached e- mails, p. 96 -97. 9. An article from VML Virginia Town &City regarding the "Future of local [tax] levy, taxing authority at stake" is provided. See attached article, p. 98 -100. PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF JOSHUA R. NELSON — NOT FADE AWAY FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE_ CHAPTER 86, FESTIVALS SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD THURSDAY OCTOBER 24, 2013 FROM 5:00 P.M. THROUGH SUNDAY, OCTOBER 27, 2013, 12:00 MIDNIGHT, ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. _PR_OPERTY OWNED BY ALEXANDER W. K. MCDOWELL AND MCDOWELL FAMILY LLC. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by .Toshua R. Nelson for the "Not Fade Away Festival" to be held October 24, 2013 beginning at 5:00 p.m. through October 27, 2013 at midnight. The festival will be held on the grounds of the Cove Campground, 980 Cove Road, Gore, VA. The property is owned by Alexander W. K. McDowell and McDowell Family, LLC. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 39 Board of Supervisors Regular Meeting of 10109!13 102 Upon a motion by Supervisor Lofton seconded by Supervisor Hess, the Board approved the outdoor festival permit for Joshua R. Nelson —Not Fade Away Festival by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC .HEARING - PROPOSED SCHOOL BOND FINANCING BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA. THE BOARD OF SUPERVISORS THE "BOARD" OF THE COUNTY OF FREDERICK, VIRGINIA iTHE "COUNTY ") .WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2 -2606 OF THE CODE OF VIRGINIA OF 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS ") OF THE COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,400_ ,000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES INCLUDING BUT NOT LIMITED TO ADDITIONS AT VARIOUS ELEMENTARY SCHOOLS AND THE ARCHITECTURAL AND ENGINEERING ASSOCIATED WITH THE CONSTRUCTION OF A RELACEMENT MIDDLE SCHOOL. A RESOLUTION #017 -13 AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS. — APPROVED. Administrator Riley advised this was a request from Frederick County Public Schools for the Board to authorize the issuance of $5.4 million in bonds through the Virginia Public School Authority in the fa112013 sale. The proceeds will be used for the construction of the additions to four elementary schools and the architectural and engineering costs of the replacement Frederick County Middle School. 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 Vice - Chairman DeHaven, the Board approved the Resolution Authorizing the Issuance and Sale of not to Exceed $5,400,000 General Obligation School Bond of the County of Frederick, Virginia to be Sold to the Virginia Public School Authority and Providing for the Form and Details Thereof. WHEREAS, the Board of Supervisors (the "Board ") of the County of Frederick, Virginia (the "County "} has determined that it is necessary and expedient to borrow an amount not to exceed $5,400,000 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond ") for the purpose of financing certain capital projects for public schoal purposes, including, but not limited to, additions at various elementary schools and the architectural and engineering associated with the construction of a replacement middle school (collectively, the "Project "); Minute Book 1�TUmber 39 Board of Supervisors Regular Meeting of 10109!]3 �� WHEREAS, the County held a public hearing, duly noticed, an October 9, 2013, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606, Code of Virginia of 1950, as amended (the "Virginia Code " }; WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Local School Bond 'and consented to the issuance of the Local School Bond; WHEREAS, Virginia Public School Authority ( "VPSA "} has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of proceeds of certain bonds to be issued by VPSA in the fall of 2013 (the "VPSA Bonds " }; WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $5,400,000 is the amount of proceeds requested (the "Proceeds Requested ") from VPSA in connection with the sale of the Local School Bond; WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective " }, taking into consideration of such factors as the amortization schedules the County has requested for the Local School Bond relative to, the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of VPSA's Bonds; and WHEREAS, such factors may result in the Local School Band having a purchase price other than par and consequently {i) the County may have to issue the Local School Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bond set forth in section 1. below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines chat it is advisable to contract a debt and to issue and sell its general obligation school bond in an aggregate principal amount not to exceed $5,400,000 (the "Local School Bond "} for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Local School Bond. The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum principal amount on the Local School Bond set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them (each a "Delegate ") and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing far the sale of the Local School Band to VPSA (the "Bond Sale Agreement' }. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby appxoved. 3. Details of the Local School Bond. The Local School Bond shall be dated the date of its issuance and delivery; shall be designated "General Obligation School Bond, Series 2013 "; shall bear interest from the date of delivery thereof payable semi - annually on each January 15 and July.15 beginning July 15, 2014 (each an "Interest Payment Date "), at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 1 S in the years (each a "Principal Payment Date "} and in the amounts acceptable to a Delegate (the "Principal Installments "), subject to the provisions of paragraph 4 of this Resolution. Minute Book Number 39 Board of Supervisors Regular Meeting of 1UIU9/13 �o� 4, Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on the Local School Bond established by VPSA, provided that each interest rate shall be five one - hundredths of one percent (0.05 %} over the interest rate to be paid by VPSA for the corresponding principal amount date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cast of the Local School Bond does not exceed five and f fty one- hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Tnstallrnents are subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally- recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Resolution. The execution and delivery of the Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of all of the details of the Local School Bond by the Delegate as authorized by this Resolution. 5. Form of the Local School Sond. The Local School Bond shall be initially in the form of a single, temporary typewritten band substantially in the form attached hereto as Exhibit A. 6. Payment: Paving A:zent and Bond Registrar. The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal, premium, if any, and interest an the Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, of 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. an the business day next succeeding 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 at the applicable interest rate or rates on the Local School Bond. (c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Local School Bond. 7. Prepayment or Redemption. The Principal Installments of the Local School Bond held by VPSA coming due on or before July I5, 2023, and the definitive band far which the Local School Bond held by VPSA may be exchanged that mature on or before July 1 S, 2023, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2024, and the definitive bond {s) for which the Local School Band held by VPSA may be exchanged that mature on or after July 15, 2024, and the definitive band {s) for which the Local School Bond held by VPSA may be exchanged that mature on ox after July 15, 2024, 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 ar after July 15, 2024, are subject to prepayment ar redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local School Bond to be redeemed} set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2023 through July 14, 2024 101 % July 15 2024 through July 14, 2025 100% July 15, 2025 and thereafter 100% Provided however, that the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Band Registrar to VPSA or other registered owner by registered mail not more than ninety (90} and not less than sixty (GO) days before the date fixed for prepayment or redemption. Minute Sook Number 39 Board of Supervisors Regular Meeting of 1D109/i3 ■ 1�11�� $. Execution of the Local School Sond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of the Local School Bond shall be outstanding there shall be levied and collected in accordance wish 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 premium, if any, and the interest on the Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate ar 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 purposes. 10. Use of Proceeds Certificate and Tax Compliance A>reement. The Chairman of the Board, the County Administrator and such other officer or officers of the County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement ") setting forth the expected use and investment of the proceeds of'the Local School Bond and containing sue 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 Local School Bond and on the VPSA Bonds. The Board covenants an behalf of the County that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in such Tax Corrlpliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Local School Bond and on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11. State Non- Arbitra a Pro ram: Proceeds A reement. The Board hereby determines chat 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 Local School Bond. The Chairman of the Board, the County Administrator and such officer or officers of the County as either 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 Local School Bond by and among the County, the other participants in the sale of the VPSA Bands, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which farm is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either 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, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP {as defined in the Bond Sale Agreement). 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase the Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt service schedule, IRS Form 8038 -G or such other documents reasonably deemed necessary by VPSA and VPS��1's bond counsel to be necessary to reflect and facilitate the refunding of the Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk of the Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same. Minute Boak Number 39 Board of Supervisors Regular Meeting of 10/09/13 X06 14. Film 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. 15. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 2641 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 2b of Title 15.2 of the Virginia Code. 16. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and otherwise in furtherance of this Resolution and any such actions previously taken is hereby ratified and confirmed. 17. 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 October 9, 2013, and of the whale thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 9`� day of October, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E, Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING - REZONING #04 -13 THE OVERLOOK SUBMITTED BY GREENWAY ENGINEERING, INC., TO REZONE 55.46 ACRES AS FOLLOWS: 14.283 + /- ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO RA (RURAL AREAS} DISTRICT; 7.098 +I- ACRES FROM RP (RESIDENTIAL PERFORMANCE DISTRICT TO B2 GENERAL BUSINESS DISTRICT• 10.040 +1- ACRES FROM RA (RURAL AREAS} DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT AND 24.15 +l- ACRES TO REMAIN RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH _PROFFERS. THE_ PROPERTY IS LOCATED ON THE SOUTH SIDE OF BERRYVILLE PIKE (U.S. ROUTE 7} NEAR AND ADJOINING THE VALLEY MILL ROAD INTERSECTION AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 55 -A -161., 55- A -165A, 55 -A- _1.66, 55- A -167A, 55�A -168, 55- A -174A, SS- A -174B 55- A -174D AND 55 -A -165 A PORTION IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 55.46 acres from RP (Residential Performance) and RA (Rural Areas) to RA (Rural Areas) District, RP (Residential Performance) District and B2 (General Business) District, with proffers. The property is located in the Red Bud Magisterial Minute Book l�'umber 39 Board of Supervisors Regular Meeting of 20/09/x3 �o� District. Deputy Director Ruddy advised the current zoning was put in place in 2007 as part of the Carriage Park rezoning. He noted the generalized development plan shows the proffered development package, particularly Valley Mill Road's new intersection with Route 7, which will be signalized. Deputy Director Ruddy went on to say the proposed RP and B2 zoning was consistent with the Comprehensive Plan. He stated the proposed impacts are addressed through the proffer statement. Deputy Director Ruddy noted there was a discrepancy in the Development Impact Model values in that the application reflects 2012 values versus 2013: He also advised the Deputy Director of Planning -- Transportation was concerned about the number of proposed public street entrances. Deputy Director Ruddy concluded by saying the Planning Commission was satisfied with the proffers as presented and recommended unanimous approval. Supervisor Hess asked what type of precedent the Board had for using prior year numbers versus current year numbers. Deputy Director Ruddy responded that he did not believe we had ever done that. Supervisor Collins asked if the proposed Route 37 right -of- -way would be moved. Deputy Director Ruddy responded that flexibility would be needed; however, the best outcome is the location proposed on This plan. He concluded by saying the alignment of Route 37 would occur at this location. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He reviewed the history of this project. He noted the Valley Mill Road realignment would occur at the first phase of development. He noted the median located to the east on Route 7 would be closed. With regard to the concerns about the number of entrances, Mr. Wyatt advised the entrances were spaced at 550 feet, 650 feet, 650 feet, and 750 feet, which is double the distance VDOT allows by right. With regard to the impact model values, Mr. Wyatt noted the accepted proffer pre -dates the 2013 update. He went on to say that the Willow Run project maintains a proffer that is not consistent with the current model. He concluded by saying this particular project has significant regional benefits. Chairman Shickle convened the public hearing. Steve Chadwell appeared before the Board on behalf of the investors an Eddy's Lane. He stated he was seeking clarification on the proposed transportation program. He did not see how Eddy's Lane could make it to the new road alignment since Proffer B3 removes the existing Minute Bao�c Number 39 Board of Supervisors Regular Meeting of 101Q9113 1 a�i section of Valley Mill Road. He cancluded by asking how many days the Board allows for notice to neighboring landowners. There being no further comments, Chairman Shickle closed the public hearing. Deputy Director Ruddy responded that staff sends adjoiner notices seven to 10 days in advance of the hearing. Mr. Wyatt advised the Board that Eddy's Lane would be a right turn in for vehicles travelling east. In order to travel west from Eddy's Lane, vehicles would have to travel east to the median crossing at the Opequon Facility and make a U turn. Supervisor Hess stated the staff report referenced concerns cited by staff regarding entrances. Deputy Director of Planning — Transportation John Bishop stated he was referring to the number of entrances to the residential portion of the project. He stated these entrances equated to additional conflict points and he did not see the true need far three entrances. He concluded by saying the applicant had proffered turn lanes. Supervisor Hess stated he was not concerned about where we ended up, but he was concerned about setting a precedent regarding the impact model values. He concluded by saying he liked the project and there were same good aspects. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved Rezoning #04 -13. WHEREAS, Rezoning #04 -13, The Overlook, submitted by Greenway Engineering, Tnc., to rezone 55.46 acres as follows: 14.83 + /- acres from RP {Residential Performance) District to RA {Rural Areas) District; 7.048 +l- acres from RP {Residential Performance} District to B2 (General Business) District; 10.040 +/- acres from RA {Rural Areas) District to RP {Residential Performance) District and 24.145 +/- acres to remain RP (Residential Performance) District with proffers dated November 11, 2412, Iast revised on May 27, 2013, was considered. The property is located on the south side of Berryville Pike (U.S. Route 7) near and adjoining the Valley Mill Road intersection. The property is further identified by property Identification Numbers SS -A -161, 55- A�165A, 55 -A -166, 55- A -167A, SS -A -168, 55- A -174A, 55- A -174B, 55- A�174D, and 55 -A -165 a portion, in the Red Bud Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 18 2013; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 9, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 55.46 acres as follows: 14.83 + /- acres from RP (Residential Minute Book lYumber 39 Board of Supervisors Regular Meeting of 10/09/13 1�4 Performance) District to RA (Rural Areas) District; 7.098 +l- acres from RP (Residential Performance} District to B2 (General Business} District; 10.040 +/- acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.145 +1- acres to remain RP (Residential Performance) District with proffers dated November 11, 2012, last revised on May 27, 2013. The conditions voluntarily proffered in writing by the applicant and the property -owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 9�' day of October, 2013 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS RESOLUTI.ON { #018 -13) OF INTENT TO SUBMIT REVENUE SHARING PROJECT APPLICATION FOR VALLEY MII1L ROAD WORK RELATED TO REZONING #04 -13, THE OVERLOOK. - APPROVED Deputy Director of Planning- Transportation John Bishop appeared before the Board regarding this item. He advised the Board was being asked to adapt a resolution stating its intent to apply for revenue sharing funds for this project. He noted the County applied for funding iwo years ago and received $1 million. He noted that staff expects the project to cost more than that. Other items dealt with in the resolution include: - The abandonment of the existing Valley Mill Road alignment; and - Charming Drive rezoning proffers of $100 per unit to be used as matching funds. He went on to say the verbiage "to the extent permissible" was added to item nurriber 3 in the resolution. He concluded by saying the revenue sharing and matching funds would be applied to the new alignment and intersection. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved the resolution of intent to submit a Revenue Sharing Program application. WHEREAS, Timothy and Mary Stafford, and Valley Mill Farm, LC (collectively the "Owners ") currently own SS.46 acres, more or less, located in Frederick County, Virginia, and described as tax parcels 55 -A -161, S5 -A -165 (portion), 55- A -165A, SS -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property "); WHEREAS, the Owners have submitted, contemporaneously herewith, a Proffer Statement and Rezoning Application for the Property; WHEREAS, the Proffer Statement and Rezoning Application request the Property be rezoned from Residential Performance (RP) and Rural Areas {RA }, to Business General (B2) and Residential Performance (RP); Minute Book Number 39 Board of Supervisors Regular Meeting of 10/ ©9113 110 WHEREAS, the Generalized Development Plan ( "GDP ") prepared by Greenway Engineering, dated May 27, 2013, and approved as a part of the Rezoning Application, provides for the relocation of Valley Mill Road through the Property; WHEREAS, the Owners, by way of the Proffer Statement, have proffered to dedicate a right -of- -way area for the relocation of Valley Mill Road which is sufficient to provide for the construction of two eastbound travel lanes, two westbound travel lanes, a center left turn lane, right Turn lanes at all full access entrances, left, right, through stacking lanes for westbound traffic at the intersection of Berryville Pike, and two receiving lanes for eastbound traffic at the intersection of Berryville Pike (the "New Valley Mill Road Improvements "); and WHEREAS, the Owners have prepared information far Virginia Department of Transportation ( "VDOT ") review and comment concerning the abandonment of an approximately 0.9 acre portion of Valley Mill Raad, as depicted on the GDP as the Valley Mill Road Abandonment Area, that will no longer be needed if said road is relocated as proffered. NOW, THEREFORE, BE 11T RESOLVED, that the Frederick County Board of Supervisors hereby adopts this Resolution on the following terms and conditions, as follows: 1. Revenue Sharing Application. The Board intends to submit a Revenue Sharing Application pursuant to Va. Code Ann. § 33.1 - 23.05, and consistent with the Virginia Department of Transportation {VDOT} Revenue Sharing Program Guidelines, for one -half of the funds necessary to design the New Valley Mill Raad Improvements, provided the Owners satisfy the conditions precedent set forth herein. 2. Conditions Precedent to Board's Obligations _Hereunder. Prior to the Board submitting a Revenue Sharing Application, the Owners must have i) contributed one -half (112) of the costs of designing the New Valley Mill Road Improvements within twelve (12) months of approval of the final, un- appealed, approval of the Rezoning Application for the Property; and ii} agreed to dedicate for public use the right -af -way through the Property necessary to construct the New Valley Mill Road Improvements within three {3} months of the approval of the design of the New Valley Mill Road improvements by VDOT and the County, unless said dates are extended by the County. 3. Channin� Drive Proffer. The Board intends to contribute to the total sum, to the extent permissible, of the local match for the New Valley Mill Road Improvements funds proffered and collected for bridge construction as a part of the Channing Drive Rezoning, REZ #15 -99. 4. Locally Administered Projects. The Board intends that the Revenue Sharing Application shall opt for the Locally Managed Projects option under the Revenue Sharing Program. ' S. Implementation of Revenue Sharing. The Board understands VDOT expects all requests for Revenue Sharing funding to be far viable projects with work anticipated in the near future, and thus the Board intends that a Revenue Shaxing Application would be submitted as soon as practical after the conditions precedent set forth above have been met, and prior to submitting such Application the Board would adopt the necessary resolution required for the Revenue Sharing Application. 6. Additional Funding Sources. The Board also resolves it intends to provide reasonable, non - monetary support to the Owners in applying far other Federal and State funding pragrarns, if any, which could assist with funding the relocation and construction of Valley Mill Raad, or other aspects of the project. 7. Ri ht of Wa Abandonment. The Board resolves that it intends to support the abandonment of the approximately 0.9 acre portion of Valley Miil Road, as depicted on the GDP as the Valley Mill Road Abandonment Area, that will no longer be needed if said road is relocated as proffered, and the Board further resolves it intends to support transfer of the abandoned area to Valley Mill Farm, LC, all in accordance with Chapter 1 of Title 33.1 of the Cade of Virginia (1950),_ or such other statutes as may be applicable. Any such abandonment proceedings as may be required by the Code would be instituted as soon as practical following Minute Book ]Number 39 Board of Supervisors Regular Meeting of 10/09/13 X11 VDOT acceptance of the relocated portion of Valley Mill Road into the State secondary system of highways. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye DISCUSSION — PROPOSED ORDINANCE AMENDMENTS — HEIGHT REQUIREMENTS IN THE EM (EXTRACTIVE MANUFACTURING), M1 (LIGHT INDUSTRIAL), AND M2 (INDUSTRIAL GENERAL) DISTRICTS. — Senior Planner Candice Perkins appeared before the Board regarding this item. She advised on September 9, 2013 staff presented a request to increase the height allowance in the EM (Extractive Manufacturing }, M1 {Light Industrial }, and M2 (Industrial General) Zoning Districts through the approval of a conditional use permit. She noted the Board expressed concern over this process due to the permanent nature of the improvements and referred the amendment back to committee for further review. The revised amendment would remove the conditional use permit requirement and replace it with a Board of Supervisors' waiver. The waiver would allow the Board to determine the appropriateness of the proposed height increase while providing the applicant with an irrevocable approval. The waiver would permit the maximum height in the EM District of 200 feet and 150 feet in the M1 and M2 Districts. Senior Planner Perkins went onto say supplementary use regulations have been prepared that would need to be addressed by the applicant when applying for the waiver. She concluded by saying the Development Review and Regulations Committee was supportive of this amendment and staff was seeking Board direction regarding same. Vice - Chairman DeHaven asked about the source of the height figures. Senior Planner Perkins responded that the EM limit of 200 feet came from a specific applicant request, while the DRRC suggested the height limits in M1 and M2. She went on to say that in order to go higher than 200 feet in the EM the ordinance would need to be amended. She concluded by saying there was not much discussion about going higher than 200 feet. Supervisor Fisher questioned if there were currently any exempt structures that exceed 200 feet and whether same of those exempt structures should be included in this amendment for a waiver. Minute Book Number 39 Board of Supervisors Regular Meeting of 14/09/13 112 Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board sent the proposed amendment forward for public hearing. WHEREAS, the Frederick County Planning Department has received a request to revise the Zoning Ordinance to increase the maximum height in the EM, M1, and M2 Zoning Districts; and WHEREAS, the Board of Supervisors discussed proposed changes to the EM, M1, and M2 Districts at their regularly scheduled meeting on September 9, 2013 and sent the amendment back to the DRRC for further review; and WHEREAS, the Development Review and Regulations Committee {DRRC) discussed revisions at their meeting on September 26, 2013 and recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regulaxly scheduled meeting an October 9, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to increase the maximum height in the EM, M1, and M2 Zoning Districts with a Board of Supervisors Waiver and supplementary use regulations. Passed this 9�' day of October, 2413 by the following recorded vote: The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye _ROAD RESOLUTION i #02Q -Z3} �- BROOKLAND MANOR SUBDIVISION — APPROVED UNDER CONSENT AGENDA. WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Reouirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.i -229, Code of Virginia and the Department's Subdivision Street Re uirement; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Minute Book Number 39 Board of Supervisors Regular Meeting of 10/09/13 1�3 This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There -were no citizen comments. BOARD OF SUPERVISORS COMMENTS Vice- Chairman DeHaven advised the McCann family had approached him and expressed a desire to undertake a Comprehensive Plan Amendment. They asked him to sponsor this application._ He stated he was inclined and would ask staff to prepare the resolution for the next board meeting. The Board consensus was to proceed with the process. Supervisor Hess advised that he attended the Shenandoah University football game and noted that as part of the festivities Supervisor Fisher was recognized for his 24 years of service to the University. Chairman Shickle extended his condolences to Vice - Chairman DeHaven and his family following the passing of his mother. e n inrruav UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:01 P.M.) �--Q �� Richard C. Shickle Chairman, Board of Supervisors John R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book ]'umber 39 Board of Supervisors Regular Meeting of 10/09/13