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April 9 2014 Regular Meeting Minutes�� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 9, 2014, 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 arder. INVOCATION Supervisor Callins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition for the agenda. He added an explanation of the fiscal impact of Medicaid expansion as item number 6 under County Officials. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the amended 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 far the Board's consideration under the consent agenda: - Memorandum Re: Closing of County Offices for Annual Apple Blossom Festival — Tab D; - Transportation Committee Report —Tab G; and - Departmental Fiscal Year 2014 -2015 Annual Work Programs —Tab H. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Minute Book i�umber 39 Board of Supervisors Regular Meeting of 04109/]4 292 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 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 Lofton, seconded by Supervisor Collins, the Board approved the minutes from the March 26, 2014 regular meeting by the following xecarded vote: Richard C. Shickle 'Aye Charles S. DeHaven, Jx. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS ADOPTION OF FISCAL YEAR 2014 -2015 BUDGET - (RESOLUTION #045 -14) - s nvu n��� n Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board adapted the FY 2014 -2015 budget. WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 2014, in accordance with Title 15.2, Chapter 25, Section 15.2 -2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2014 -2015 Fiscal Year as advertised in The Winchester Star on March 17, 2014, be hereby approved in the amount of $351,630,500. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2014 -2015 fiscal year be adapted as follows: General Operating Fund 142,387,562 Regional Jail Fund 19,387,370 Landfill Fund 7,116,205 Division of Caurt Services Fund 579,572 Minute Book Number 39 Board of Supervisors Regular Meeting of Q410911� 293 Shawneeland Sanitary District Fund 1,099,747 Airport Operating Fund 2,228,994 Community Development Authority Fund 525,256 Lake Holiday Sanitary District Fund 800,570 EMS Revenue Recovery Fund 2,028,000 School Operating Fund 140,504,479 School Debt Service Fund 15,754,651 School Capital Projects Fund 2,166,316 School Nutrition Services Fund 6,200,295 School Textbook Fund 2,573,133 NREP Operating Fund 5,093,650 NREF Textbook Fund 35,000 Consolidated ServiceslMaintenance Fund 3,100,000 School Trust Funds 50,000 BE IT FURTHER RESOLVED that„ the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2014 assessment year as follows: Pro ert Taxes —Rates er $100 of assessed value SS %2 cents Applied to real estate, including mobile homes $4.86 Applied to personal property $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department 1 cent Applied to airplanes Zero tax Applied to antique vehicles $2.00 On declining values to be applied to machinery and foals. The declining values are 60% for yeax one, 50% for year two, 40% for year three, and 30 %for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occu ational License Rates Contractors 16 cents per $100 of gross receipts Minute Bo°k Number 39 Board of Supervisors Regular Meeting of 04/49/14 294 Retail 20 cents per $100 of gross receipts Financial, Real Estate, and Professional 58 cents per $100 of gross receipts Services Repair, personal and business services 36 cents per $100 of gross receipts and all other businesses and occupations not specifically Iisted or exempted in the County Code Wholesale 5 cents per $100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 2% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Shawneeland Sanitary District Taxes $180 Unimproved Lots $530 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Star Fort Subdivision TaxeslFees $60 Per Lot Street Li hght Fees Oakdale Crossing and Fredericktovane $60 annually Green Acres $25 annually Minnie Baok Npmber 39 Board of Supervisors Regular Meeting of 04/09/14 Sanitary Landf 11 Fees $45 Per tan for commerciallindustrial $42 Per ton far construction demolition debris $12 Per ton for municipal waste $32 Per ton for municipal sludge $12 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $180 Unimproved Lots $530 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Star Fort Subdivision TaxeslFees $60 Per Lot Street Li hght Fees Oakdale Crossing and Fredericktovane $60 annually Green Acres $25 annually Minnie Baok Npmber 39 Board of Supervisors Regular Meeting of 04/09/14 295 BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, DARE Program, Forfeited Assets Program, and Four - For -Life and Fire Programs equal to the total cash balance on hand at July 1, 2014, plus the total amount of receipts for the fiscal year 2014 -2015. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2414. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2014, are re- appropriated to the 2014 -201 S fiscal year to the same department and account for which they are encumbered in the 2013 -2014 fiscai year. BE IT FURTHER RESOLVED that the construction fund projects will be appropriated as .a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2014. 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 APPOYNTMENTS APPOINTMENT OF HOLLY BUCK AS PARENT- REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) W APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Baard appointed Mrs. Holly Buck as parent representative to the Community Policy and Management Team, This is a two year appointment. Term expires June 30, 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 Minute Boak Number 39 Board of Supervisors Regular Meeting of 44/49/14 r REAPPOINTMENT OF ROBERT P. MOWERY AS COUNTY REPRESENTATIVE TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board reappointed Robert P. Mowery as county representative to the Frederick County Sanitation Authority. This is a four year appointment. Term expires April 15, 2018. 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 MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA �� The Board approved closing the county offices on Friday, May 2, 2014 for the 87�` Shenandoah Apple Blossom Festival. RE UEST FROM COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised that Kraft Foods filed an appeal in the nature of amended machinery and tools tax returns for tax years 2008, 2009, 2010, and 2011, wherein Kraft was seeking certain tax refunds from the County. Machinery and tools, for taxation purposes are self reported by each taxpayer and, in this particular case, Kraft concluded that it had not correctly reported its machinery and tools. Thus, Kraft filed its amended returns in December 2011, .which was within the applicable limitations period for the tax years at issue. Thereafter, Kraft and the Commissioner of the Revenue had extended correspondence on the matter, including appeals to the Virginia Department of Taxation pursuant to VA Code 858.1- 3983.1. The Commissioner confirmed that all issues were resolved as to the tax returns in question, with a refund in the amount of $358,860.78 due to Kraft. The Commissioner, in consultation with the County Attorney, has concluded that this outcome represents a fair interpretation of the facts and law applicable to this matter. Kraft has confirmed to the Commissioner that it will not seek further appeal as to its machinery and tools tax returns for 2008 through 2013. The County Attorney has reviewed this request and noted his consent to the proposed action. The Board will need to act on the refund request and approve a supplemental appropriation for the refund amount. Minute Book lumber 39 Board of Supervisors �tegular Meeting or0A109.�14 G � E Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the refund request and supplemental appropriation. 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. Fishex Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REpUEST FROM SOCIAL SERVICES DIRECTOR TO SCHEDULE WORK SESSION � APPROVED The Board scheduled a work session for Tuesday, Apri129, 2014 at noon in the Board of Supervisors' Meeting Room. MEMORANDUM RE: FISCAL IMPACTS OF PROPOSED MEDICAID EXPANSION — FORWARDED INFORMATION TO LOCAL DELEGATION Administrator Riley advised that the chairman had asked staff to attempt to determine the impact of the proposed expansion of Medicaid. Staff attempted to seek out those parties that could be most affected, those being Valley Health System and the Department of Social Services. In speaking with representatives from those two entities, the proposed expansion remains a mixed bag. Both entities acknowledge the proposed Medicaid expansion would provide coverage for a group of people who are in real need of health insurance coverage and it would bring additional federal dollars into the community, which would be spent at the local hospital, doctors' offices, and pharmacies. This is where the agreement between the two entities end and the mixed bag of good and bad begin. Per the Department of Social Services, expansion of Medicaid would likely result in a dramatic increase in the number of people eligible for coverage and an increase in applications. To accommodate an additional case load of this magnitude, the Department of Social Services would need additional staffing. If the Medicaid expansion is approved, would the federal government provide additional funding needed is hire the additional staff to handle this new caseload? The Department of Social Services has seen a 186% increase in caseloads over the past ten years. Currently, the department has 8.5 FTEs with an average caseload of 937 cases per employee, This number is exclusive of the 800 additional FAMIS cases soon to be passed down to the department from the state. The state did provide approximately $34,000 to the department Minute Book Number 39 Board of supervisors Regular Meeting of 04/09/14 M' for faking on these 800 additional cases; however, those funds do not begin to cover afull -tune Aide position, to include salary and fringes, let alone afull -time Benefits Worker. In addition to the Department's staffing issues, additional space would be required to accommodate the new Medicaid caseload. Thus, the proposed Medicaid expansion poses financial, staffing, and space needs issues for the Department. While staff is supportive of the proposed expansion, in theory, the reality is the Department of Social Services could not realistically manage the influx of work associated with this program. As for our local health provider, Valley Health System, they are strongly supportive o this expansion. Valley Health estimates they could receive $8 to $10 million annual from the) expansion of Medicaid, which they identify as critical funding for their operations. To date, Valley Health has reduced jobs, direct financial support to area not for profits, and will likely pursue no further expansions of operations. Valley Health sees Medicaid expansion as providing: expanded coverage, a healthier Virginia, increased revenue for the Commonwealth, which could free up money for other purposes (e.g. roads, k -12, public safety, etc.), and a� strengthened health care delivery system. Currently, the Department of Social Services averages 851.2 cases per caseworker, which there are 8.5, with an average intake of new monthly applications of 561.84, which is currently handled by seven workers. Under the proposed Medicaid expansion, the average number of ongoing cases would increase to 1,204.14 per casewarker and new nrlonthly� applications would increase to 978.51. Under current canditions, the department projects a need of 15.2 additional positions; however, if Medicaid is expanded that number increases to 32.6 new positions needed to meet the new case load. Medicaid expansion would require an additional $1,911,4SS to fund needed positions, that amount, the local funding needed would be $1,338,018. In addition to the effects of Medicaid expansion on our local Department of Social Services and Valley Health System, we recently received information from The Commonwealth Institute regarding the effects of Medicaid expansion on local jails. According to their March 2014 report, the State Compensation Board estimates localities could save $6 million per year by using the federal funds to cover the hospital costs of local jail inmates. Jail inmates are not currently eligible for Medicaid. Presently, localities are required to provide all necessary care for inmates to include hospitalization, which can exceed thousands of dollars each year. The report Minute Book Number 39 Board of Supervisors Regular Meeting of ©4109114 _s states Medicaid expansion could be used to cover these inpatient hospital costs for inmates thereby saving the localities money. He concluded by saying this was a brief overview of the impacts and hoped the Board found it useful. Chairman Shicklc stated he would like to forward this information to our local delegation. The Board's consensus was to forward the memo. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on March 24, 2014 at 8:30 a.m. Members Present Chuck DeHaven (voting} James Racey (voting) Gene Fisher {voting) Christopher Collins (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) None Members Absent Mark Davis (liaison Middletown} "* *Items Requiring Action * ** ** *Items Not Requiring Action * ** 1. Route 277 Improvement Project Update VDOT staff updated the committee that the scope of the Route 2'7T project is being reduced. Previously, the project was to extend to Warrior Drive. Due to high right of way costs the project will now only extend to Double Church Raad. The realignment of Aylor Road is still part of the project. 2. WinFred MPO Unif ed Planning Work Program (UPWP) The committee reviewed the draft UPWP {attached) which was introduced by Ms. Martha Shickle. No questions were forthcoming and the Chairman requested that Committee members direct questions or guidance to staff. 3. Private Streets in the R5 Zoning District Mr. Thomas Lawson presented an updated draft ordinance to the Committee in an attempt to address earlier concerns. It was noted the DRRC is also taking the matter into consideration. The committee noted remaining concerns over which VDOT standards are being referenced. It was noted the "VDOT Standards" span several manuals and are regularly updated. The committee, also noted a lack of conf dence over the long term guarantee that the County would not be asked to help stabilize a failing homeowners association. The committee has asked that the item return to the agenda along with a report of what took place at the DRRC meeting. 4. Other Minute Book Number 39 Bosrd of Supervisors Regular Mceting of 04/09/14 ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2014 -2015 ANNUAL WORK PROGRAMS FOR INFORMATION ONLY) — APPROVED. UNDER CONSENT AGENDA Department annual work programs were received for information only. PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD _OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA. THE BOARD OF SUPERVISORS (THE_ "BOARD ") OF THE COUNTY OF FREDERICK VIRGINIA THE "COUNTY" WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2 -2606 OF THE CODF OF VIRGINIA OF 1950, AS AMENDED, �ON THE ISSUANCE O_F GENERAL OBLIGATION SCHOOL BONDS THE "BONDS" OF THE COUNTY IN AN AGGREGA_ TE PRINCIPAL AMOUNT NOT TO_ EXCEED $4.700,000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES, CONSISTING PRIMARILY OF THE CONSTRUCTION AND E DIPPING OF A REPLACEMENT MIDDLE SCHOOL AND ARCHITECTURAL AND ENGINEERING COSTS ASSOCIATED WITH THE CONSTRUCTION OF A NEW HIGH SCHOOL. A RESOLUTION { #046 -141 AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT ITS MEETING ON WEDNESDAY APRIL 9 _2014. ALL INTERESTED PARTIES ARE INVITED TO ATTEND_ AND PRESENT ORAL OR WRITTEN COMMENTS. - APPROVED Administrator Riley advised this was a public hearing on the issuance of General Obligation School Bonds in an amount not to exceed $4,700,000. The proceeds from the spring sale will satisfy projected cash needs until the next bond sale in the fall. The funds will be the replacement middle schools project {$3.1 million) and for architectural and engineering services for the ,fourth high school ($1.6 million). Chairman Shickle convened the public hearing. There were na public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the resolution authorizing the issuance of not io exceed $4,700,000 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 $4,700,000 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond "} for the purpose of certain capital projects for public school purposes, consisting primarily of the construction and equipping of a replacement middle school and architectural and engineering costs associated with the construction of a new high school (collectively, the "Project " }; WHEREAS, the County held a public hearing, duly noticed, on April 9, 2014, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606, Code of Virginia 1950, as amended (the "Virginia Code " }; Minute Book lumber 39 Board of Supervisors Regular Meeting of 04/09/14 3oj 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 fine 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 the proceeds of certain bonds to be issued by VPSA in the spring of 2014 (the "VPSA Bonds "); WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $4,700,000 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 judgrllent, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective " }, taking into consideration of such factors as the amortization schedule 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 the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond 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 Band 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 t11e 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 that it is advisable to contract a debt and issue and sell its general obligation school bond in an aggregate principal amount not to exceed $4,700,000 (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 Baud. 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 Pr1ce Objective and market conditions, the County acknowledges chat the limitation on the maximum principal amount on the Local School Bond set forth in paragraph 1 of this Resolution restxicts 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 for the sale of the Local School Bond 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 approved. 3. Details of the Local School Bond. The Local School Band shall be dated, l5 days prior to the date of its issuance and delivery or such other date designated by VPSA; shall be designated "General Obligation School Bond, Series 2014 "; shall bear interest from its dated date payable semi - annually on each January 15 and July 15 beginning January 15, 2015 (each an "Interest Payment Date "), 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 acceptable to a Delegate (the "Principal Installments "), subject to the provisions of paragraph 4 of ibis Resolution. 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 (OA5 %} over the interest rate to be paid by VPSA for the corresponding principal payment 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 Minute Baok Number 39 Board of Supervisors Regular Meeting of 64/09/14 �oz true interest cost of the Local School Bond does not exceed five and fifty one - hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments 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 lnstallments 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 and the final maturity date of the Local Schaal Bond shall not be later than 21 years from the date of issuance. 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 Bond. The Local School Bond 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 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 on the Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.rn. on the applicable Interest Payment Date, Principal Payment Date ar date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks ar for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date f xed 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 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 RedemUtion. The Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2024, and the definitive bond for which the Local School Band held by VPSA may be exchanged that mature on or before July 15, 2024, are not subject to prepayment or redemption prior to their stated maturities. The Principal lnstallments of the Local School Bond held by VPSA coming due on or after July 15, 2025, and the definitive bonds) for which the Local School Bond held by VPSA may be exchanged that mature an or after July 15, 2025, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2024, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local Schaol Bond to be redeemed} .set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2024 through July 14, 2025 10 i July 15, 2025 through July 14, 2026 1001 /z July 15, 2026 and thereafter 100 Provided, hawever, 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 Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed far prepayment ar redemption. 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed io 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 Minute Book Number 39 Board of Supervisors Regular Meeting of 64/09/14 303 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 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 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 or amount and in addition to all other taxes authorized to be levied in the County to the exient other funds of the County are not Lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Tax Com fiance A eement. 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 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 VPSA Bonds. The Board covenants on 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 Earth in such Tax Compliance 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 VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11. State Non - Arbitrage Program; Proceeds A�1-eement. 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 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 Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure ,Agreement. The Chairman of the Board, the County Administrator and such ocher 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 Securiiies 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 VFSA, 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 allange to the Local School Bond, revised debt service schedule, IRS Form 8038 -G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of the Local School Bond acid the allocation of the annual debt service savings to the County by VPSA. The Clerk to the Board of Supervisors is authorized to affix the County's seal on any such documents acid attest or countersign the same. 1�. Filin 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. 1 S. Election to Proceed under Public Finance Act. In accordance with Section 15.2 -2601 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 26 of Title 15.2 afthe Virginia Code. Minute Book Number 39 Board of Super�isars Regular Meeting of 04/09/14 304 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 action 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 April 9, 2014, and of the whole thereof so far as applicable to the matters referred to in such extract. 1 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 9th day of April, 2014. 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 PUBLTC HEARING PUBLTC HEARING - PUBLIC FACILITIES AND THE 2030 COMPREHENSIVE PLAN � THE BOARD OF SUPERVISORS WILL DISCUSS A PROPOSED AMENDMENT TO THE 2030 COMPREHENSIVE PLAN• PUBLIC FACILITIES AS A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. THIS AMENDMENT IS A FOLLOW UP TO AND IN SUPPORT OF THE DISCUSSION OF THE CAPITAL IMPROVEMENT PLAN CIP AND THE PROPOSED COUNTY ADMINISTRATION FACILITIES TO BE LOCATED GENERALY IN THE COUNTY'S URBAN DEVELOPMENT AREA UDA OR SEWER AND WATER SERVICE AREA SWSA . THE PROPOSED AMENDMENT CONTINUES TO PROMOTE FREDERICK COUNTY GOVERNMENT AND ITS EFFORT TO PROVIDE ACCESSIBLE EFFECTIVE AND HIGH UALTTY GOVERNMENT SERVICES TO TTS CITIZENS BUSINESS OWNERS AND COMMUNITY PARTNERS. THE PROPOSED _ .,___�....�.� Yti,,.,�. .r.rTr.+ r-r ��r �x77TiI77U l'�YAPTTi.R VT PUBLIC FACILITIES — #047 -14) - APPROVED Director of Planning and Development Eric Lawrence appeared before the regarding this item. He advised this was a proposed amendment to the 2030 Comprehensi Plan to enable new government facilities to be located in the county. He noted if the Cour were to build new government service facilities in the county we need to make sure we are i conformance with the Comprehensive Plan. The Board discussed this item at their F meeting and raised some concerns with the proposed language. Staff has since addressed Minute Soak Number 39 Board of Supervisors Regular Meeting of U4109114 30 concerns and the proposed amendment was sent forward for public hearing. He concluded by saying the Planning Commission recommended approval. Director Lawrence did point nut some areas of the proposed amendment that were in need of editing, as there were extra ands in the text that needed to be removed. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the resolution to adopt an amendment to the 2030 Comprehensive Plan, Chapter VI, Public Facilities --- Frederick County Government Services with the edits to the text as noted. WHEREAS, The 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, this amendment, adding the section Frederick County Government Services including a policy to improve services to citizens through the efficient and effective provision of community facilities, is a follow up to and in support of the discussion of the Capital Improvement Plan (CIP) and proposed joint County Administration Facilities to be located generally in the County's Urban Development Area (UDA) or Sewer and Water Service Area (SWSA); and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on March 5, 2014 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on April 9, 20141; and WHEREAS, the Frederick County Board of Supervisors Ends that the adoption of this amendment to the 2030 Comprehensive Plan, Chapter VI, Public Facilities — Frederick County Government Services, to be in the best interest of the public health, safety, welfare and future of , Frederick County, and in good planning practice; and NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, CHAPTER VI, PUBLIC FACILITIES — FREDERICK COUNTY GOVERNMENT SERVICES is adopted. This amendment continues to promote Frederick County government and its effort to provide accessible, effective, and high quality government services to rts citizens, business owners, and community partners. Passed this 9th day of April, 2014. 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 OTHER PLANNING ITEMS Minute Book Number 39 Board of Supervisors Regular Meeting of U41U9114 �. REQUEST FOR PUMP AND HAUL PERMIT — WILLIAM DAVIS, 1154 GREEN SPRINGS ROAD, WINCHESTER - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request for a pump and haul permit for an existing residence located at 1154 Green Springs Road in the Gainesboro Magisterial District. The approximately one acre property contains a four room, two bedroom 862 square foot structure constructed pre -19b0. She noted currently there was not a sewage handling facility on the property. She went on to say the Health Department has determined the property is not suitable for a drainfield and the property owner was unable to obtain an easement on neighboring property to allow a drainfield. She concluded by saying the applicant appears to have addressed the requirement of the County Code to allow him to utilize a pump and haul system. Supervisor Hess noted the current owner had made a number of improvements to the property since taking ownership. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the pump and haul permit for William Davis, 1154 Green Springs Road. The above motion was approved by the following recorded vote: Richard C. Shickle Nay 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 OF UDA CENTERS AND THE 2030 COMPREHENSIVE PLAN — SENT FORWARD FOR PUBLIC HEARING Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised this was a proposed amendment to the Comprehensive Plan regarding UDA (Urban Development Areas) Centers. He stated staff had tried to address questions and concerns that had been previously raised. The Planning Commission thought it was appropriate to move this proposal forward for public hearing. Director Lawrence stated the UDA Centers were part of the County's growth management strategy and this was a policy to guide what UDA Centers should look like. He went on to say the County wanted to continue providing opportunities to keep residents, particularly young residents, in the community. He concluded by saying this policy, which was consistent with what the Board had seen before, is encouraged by the development community and the Planning Commission felt the concerns had Minute Book Number 39 Board of Supervisors Reguiar Meeting of 04/09/14 30 �' been addressed. Supervisor Fisher asked how this policy would affect density in these areas versus other parts of the Urban Development Area. Director Lawrence responded the density would be covered by the rezoning, should it receive Board approval. He noted the UDA Centers also have a commercial side, so it would not be all residential development. He concluded by saying the Board would ultimately make the decision. Supervisor Lofton asked if the Frederick County Sanitation Authority had looked at the long range potential for this type of development and could they accommodate this population. Director Lawrence responded by saying the Authority's engineerldirector was part of the committee so they were aware of this concept. He noted the Authority would need to provide water and sewer service regardless of this type of development. Supervisor Hess stated no one was being forced to do this, but we are pxoviding this as an option, if the market wants it. Director Lawrence responded correct. Vice - Chairman DeHaven stated this was an interesting study. He noted that it was being applied to limited areas, so that made him feel some better. He concluded by saying this was an opportunity to appeal to the younger generation. Chairman Shickle stated he did not see the words That gave him comfort that developers would not be forced to do this. Director Lawrence stated if a property did not want to do this type of development they would not be forced to do it. Chairman Shickle stated he would rather a property qualify for a UDA Center versus having the locations predetermined. Director Lawrence stated the Comprehensive Plan gives guidance, but there are opporhmities to tweak it. He went on to say it was important to have a policy, but that policy can be tweaked in response to the economy. Supervisor Fisher stated he had struggled with this proposal for over a year. He thought there were societal issues with this type of development. He concluded by saying he could not support this going anywhere yet. Supervisor Lofton stated he liked to see things thrown out for discussion to hear from the Minute Book Number 39 Bnard of Supervisors Regular Meeting of 04/49/14 �: citizens. Upon a motion by Supervisor Lafton, seconded by Supervisor Hess, the Board approved sending this proposed amendment forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, 3r. Aye Christopher E. Collins Aye Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS Supervisor Lofton stated he would like to address a number of the comments and issues raised by residents of Shawneeland at the last meeting. He noted that he had spoken with a number of people regarding the paving of roads and wanted to point out that Frederick County does not own the roads and the roads are not subject to VDOT standards because they are private streets. He went on to say that he still intends to have a public meeting in Shawneeland to answer questions about the budget, etc. CITIZEN COMMENTS Dody Stottlemyer, Shawnee District, stated the proposed Medicaid expansion is difficult to see how it would affect localities, even though the Federal government is promising to pick up 100% of the increase. The localities will be left holding the bag. As for the public buildings amendment, she stated she keeps hearing there is no intent at all to build a new county office building, but we keep seeing various amendments that would allow a new office building, which we da not need, to be built in the county. Speaking at public hearings or to the Board, T have pretty thick skin so if you want to belittle me or make fun of me, that is okay, but some are not like that, She concluded by saying respect was atwo -way street. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated he had not belittled any camments from the public and there been no time that he had heard the board belittle anyone. ADJOURN UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO CO BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:18 P.M.) Minute Book Number 39 Board of 5upervisars Regular Meeting of 04/09/14 30� Richard C. Shickle Chairman, Board of Supervisors R. Rile; Jr. ., Board of Supervisors Minutes Prepared By: � `` ' Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 04/09/1