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October 8 2014 Regular Meeting Minutes� s A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 8, 201} at C:00 P.M., in the Board of Supervisors' Meeting Raom, 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. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Cade Section 2.2 -3711 A (1) and (7) to discuss personnel matters and involving consultation with legal counsel and brief ng by staff, pertaining to a legal claim against the County and probable litigation on such claim, the claim and probable litigation being related to the personnel matter, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, the matter requiring the provision of legal advice by such counsel. 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 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. 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 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only matters Minute Soak Number 40 Board of supervisors Regular Meeting of 10/08/14 s • involving personnel matters and involving consultation with legal counsel and briefing by staff, pertaining to a legal claim against the County and probable litigation on such claim, the claim and probable litigation being related to the personnel matter, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating pasture of the Board, the matter requiring the pravision of legal advice by such counsel., pursuant to Virginia Cade Section 2.2. -3711 A (1 }and (7). 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 Upon a motion by Vice - Chairman DeHaven, scconded by Supervisor Fisher, the Board appropriated the sum of $152,500.82 for settlement of a pending employment law claim. 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 RECESS The Board recessed unti17:00 P.M. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Pastor Phil Roby, Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance, ADOPTION OF AGENDA - APPROVED County Adminisirator Jolu-i R. Riley, Jr. advised he had no additions or changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 1010$114 � ' 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 item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab E. Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Chaxles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. 1~ 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 Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the September 10, 2014 regular meeting. 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 COUNTY OFFICIALS LIFE SAVING AWARDS - APPROVED Chairman Shickle read the following: "On behalf of the Board of Supervisors, at is my pleasure to present these gentlemen, for presentataan of a life saving award. Mr. Oliver and Mr. Spencer are employees at the Frederick County Landfrll Citizens' Convenience Center and Mr. Byrne as the Division Chief for Division 7, Virginia Department of Fare Programs in Fairfax. On the afternaan of August 21, 2014, all Minute Sook Number 40 Board of Supervisors Regular Meeting of 10/08/14 r • three of these gentlemen performed above and beyond their normal responsibilities when they assisted an injured customer. On August 21, 2014 a customer, Mr. Dennis White, was involved in a very serious accident at the Landfill Citizens' Convenience Center. While attempting to dispose of a 4 foot x 4 foot piece of glass, the glass broke and severed the brachial artery and the muscle in the Mr. White's arm. Mr. Spencer and Mr. Oliver came to his aid, They laid him down, wrapped Mr. Oliver's shirt around the wound and made a tourniquet. Mr. Byrne was at the facility disposing of garbage at that time and assisted these gentlemen by making a tourniquet from his belt. They stayed with Mr. White until the ambulance arrived. We are happy to report that Mr. White is doing well after emergency surgery to repair his arm. Fortunately, there was na nerve damage. As a result of the quick actions of staff and by- standers, Mr. White was able to attend his son's wedding and enjoy an already planned vacation at the beach. Their quick action helped save his life. On behalf of the Board of Supervisors, I would like .to extend our thanks to Mr. Spencer, Mr. Oliver, and Mr. Byrne. Their conduct on that day helped save a life; therefore, it is my privilege to present Jordan L. Oliver, Tam Spencer, and Melvin Byrne with this Life Saving Award. " Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved Life Saving Awards for employees Jordan L. Oliver and Tom Spencer and citizen Melvin Byrne. 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 EMPLOYEE OF THE MONTH AWARDS — RESOLUTIONS #OZ1 -14 AND 022 - 14� - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved Avery J. Kenney and Stephen D. Gregory as Employees of the Month for September 2014. Employee of the Month Resolution For AVERY J. KENNEY . 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, Deputy Avery J. Kenney who serves in the Sheriff's Department was nominated for Employee of the Month; and, WHEREAS, Deputy Avery J. Kenney is being recognized for his commitment to the County of Frederick; due to his high level of dedication, the life of suicidal subject was spared on the 21St day of August, 2014. Avery portrayed an exceptional act of compassion and willingness to assist those in the county. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 8tr" day of October, 2014, that Deputy Avery J. Kenney is hereby recognized as Minute Book Number 40 Board of Supervisors Regular Meeting ar 10108/]4 � i the Frederick County Employee of the Month for September 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends its gratitude to Deputy Avery J. Kenney for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Deputy Avery J. Kenney is hereby entitled to all of the rights and privileges associated with his award. Employee of the Month Resolution For STEPHEN D, GREGORY 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, Deputy Stephen D. Gregory who serves in the Sheriff's Department was nominated for Employee of the Month; and, WHEREAS, Deputy Stephen D, Gregory is being recognized for his commitment to the County of Frederick; due to his high level of dedication, the life of suicidal sub }ect was spared on the 21St day of August, 2014. Avery portrayed an exceptional act of compassion and willingness to assist those in the county. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 8th day of October, 2014, that Deputy Stephen D. Gregory is hereby recognized as the Frederick County Employee of the Month for September 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends its gratitude to Deputy Stephen D. Gregory for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE TT FURTHER RESOLVED, that Deputy Stephen D. Gregory is hereby entitled to all of the rights and privileges associated with his award. The above motion was approved by the following retarded 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 APPOINTMENTS APPOINTMENT OF J. STANLEY CROCKETT TO THE FREDERICK COUNTY ECONOMIC DEVELOPMENT AUTHORITY — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board appointed J. Stanley Crockett to the Frederick County Economic Development Authority. Mr. Crockett will fll the unexpired term of Jash Phelps. Term expires November 10, 2016. The above motion was approved by the following recorded vote: Minnie 13ook ]Number 40 Board of Supervisors Regular Meeting of 10/08/14 � � ... 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 APPOINTMENT OF JOHN R. RILEY JR. TO THE FREDERICK COUNTY ECONOMIC DEVELOPMENT AUTHORITY — APPROVED EFFECTIVE JANUARY 1, 2015 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board appointed John R. Riley, Jr. to the Frederick County Economic Development Authority, effective January 1, 2015. Mr. Riley will fill the unexpired term of Richard G. Dick. Term expires November 10, 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 APPOINTMENT OF GARY LOFTON AS ECONOMIC DEVELOPMENT AUTHORITY REPRESENTATIVE TO THE DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE — APPROVED Supervisor Lofton currently serves an the Development lmpact Model Oversight Committee. He is also a member of the Economic Development Authority and could represent the EDA on the committee. The Board's consensus was to allow Supervisor�Lofton to serve in both capacities. REAPPOINTMENT OF JOHN R. CLAWSON AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board reappointed John R. Clawson as Frederick County representative to the Handley Regional Library Board. This is a four year appointment. Term expires November 30, 2018. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Chxistopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 40 Board of supervisors Regular Meeting of 1010$!14 r • REAPPOINTMENT OF JACK ALKIRE AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BOARD � APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board reappointed Jack Alkire as a Frederick County representative to the Chapter 10 Board. This is a three year appointment. Term expires December 31, 2017. 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 BRUCE CARPENTER NOMINATED AS GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board nominated Bruce Carpenter for reappointment as Gainesboro District representative to the Board of Zoning Appeals. This is five year appointment. Term expires December 31, 2019. The above motion was approved by the following xecorded vote: Richard G 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. Weill Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission rnet on September 9, 2014. Members present were: Kevin Anderson, Patrick Anderson, Randy Carter, Marty Cybulski, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Greg Brondos, Jr. and Christopher Collins. Items Requiring Board of Supervisors Action: None Submitted for Board Information Qnly: 1. Tree Removal Policy — No action. taken due to lack of motion. 2. Policy Changes — Athletic Field Use and Facility Rental Policies — Mr. Cybulski moved to accept the Athletic Field Use and Facility Rental policies as submitted, second by Mr. Longerbeam, motion carried unanimously {6 -0 }. Please find attached copies of the approved policies. 3. Finance Cornrnittee -- Fees and Charges —The Finance Committee recommended Minute Book Number 40 Board of Supervisors Regular Meeting of 16/ ©8114 e: changing the FY i 6 fees and charges as indicated on the attached fee chart, second by Mr. Madagan, motion carried unanimously (5 -0). 4. Buildings and Grounds Committee — Proffered Snowden Bridge Site Plan -- The Buildings and Grounds Committee recommended to endorse the site plan submitted, second by Mr. Cybulski, motion carried unanimously (5 -0). Please find attached a copy of the approved site plan. HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, September 12, 2414 at 8:00 a.m. All members were present: ** *Items Requiring Active * ** 1. The HR Committee recommends approval for conversion of a part time position to a full time position. The HR Committee unanimously supported the request from Mr. Ed Strawsnyder, Public Works Director, to convert a part time position to a full time Office Assistant III position for the Inspections Department. The funding request for the position was forwarded to the Finance Committee far consideration. (See attachment} - APPROVED Upon a motion by Supervisor Hess, 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 2. The HR Committee recommends approval for conversion of a part time position to a full time position. The HR Committee unanimously supported the request from Ms. Ellen Mulphy, Commissioner bf the Revenue, to convert a part time position to a full time Account Clerk I position for the Personal Property Department. The funding request for the position was forwarded to the Finance Committee for consideration. {See attachment) - APPROVED Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the above request 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 3. The Committee recommends approval to begin the County's right sizing staffing project. (See attachment) - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the above request by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Boek Number 4d Board of supervisors Regular Meeting of 141Q8114 ��� Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. The Committee recommends approval of the revised HR Committee Charter. (See attachment) _APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, 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 5. The Committee recommends approval for Employee of the Month award. ** *Items Not Requiring Action * ** 1. None There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, October 10, 2014 FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Raom at 107 North Kent Street on Monday, September 29, 2014 at 8:00 a.m. Non - voting liaison C. William Orndoff was absent. Items 3 and 4 were approved under consent agenda. Upon a motion by Vice - Chairman DeHaven, 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 Robert W. Wells Aye 1. The Finance Director. presents FY 2014 Year End financial information. See attached, p. 4 -20. No action required, 2. The Transportation Director requests to advertise for public hearing a Development Pro'ects Fund su lemental a ra riation in the amount of $8 136 700 for the construction of Snowden Bridge Boulevard. The project will be funded through VDOT revenue sharing and matching developer funds. See attached memo, p. 21. The committee recommends advertising for public hearing. - 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 Minute Book Number 40 Board of supervisors Regular Meeting of 14/08/14 �:� Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Loftoli Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund_ sulplemental appropriation in the amount of $659.32. This .amount represents a reimbursement for an extradition. No local funds required. See attached memo, p. 22. — APPROVED UNDER CONSENT AGENDA 4. The Sheriff requests a General Fund su lemental a ro riation in the amount of $33,347. This amount represents a DMV grant for alcohol enforcement. See attached information, p. 23 -24: — APPROVED UNDER CONSENT AGENDA 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $175,000. This amount represents funds needed for increased part time needs for court bailiffs with the addition of three judges. Local funds are required. See attached letter, p. 25 -26. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, 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 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $284,781 in order to purchase (10) ten vehicles and associated equipment. Local funds are required. See attached letter, p. 27. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above rcquest 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 7. The EDA Executive Director requests an EDA Fund and a General Fund su lemental a ro riation in the amount of $375 000. This amount represents EDA incentives remaining in FY 2014. See attached memo, p. 28. Item was postponed. $. The School Director of Finance requests a General Fund and School Operating ,Fund su lemental a ro riations in the amount of $108 93$.58. This amount represents designated funds received during FY2014. See attached memo, p. 29. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Baok Number 4Q Board of Supervisors Regular Meeting of 10/fl8114 Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 9. The School Director of Finance requests a General Fund supplemental appropriation in the amount of $542._,..593.92 and a School Capital Fund supplemental appropriation in the amount of $722202.80. These amounts represent unspent, unobligated FY 20I4 funds remaining at year end to be used far capital maintenance needs. See attached memo, p. 29. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request 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 10. The School Director of Finance provides FY2014 Year End Financial Reports. Sea attached, p. 30 -56. No action required. 11. The Public Works Director requests a General Fund supplemental appropriation in the amount of � 11,843 in order to convert a part time position to a full time Office Assistant IIT position. Also required is a transfer in the amount of $14,920 from currently budgeted part time funds. Local funds are required. The position has been approved by the HR Committee. See attached memo, p. 57 -58. The committee recommends approval, - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request 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 12. The Commissioner of the Revenue requests a General Fund supplemental appropriation in the amount of _$14,393 in order to convert a part time position to a full time Account Clerk I position. Also required is a transfer in the amount of $ 1 1,264 from the currently budgeted part time funds. Local funds are required. The position has been approved by the HR Committee. See attached memo, p, 59 -b 1. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, 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 Minute Book Number 40 Saar�3 of Supervisors Regular Meeting of 10/08/14 091 Robert W. Wells Aye 13. The Finance /Audit Committee charter adapted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 62 -64, The committee recommends approval of the charter with no changes. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr Christopher E. Collins Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer Report for August. See attached, p. 65. 2. The Finance Director provides financial statements for the month ending August 31, 2014. See attached, p. 66 -76. 3. The Finanee Director provides an FY2015 Fund Balance Report for the period ending September 16, 2014. See attached, p. 77. JOINT FINANCE COMMITTEE REPORT - APPROVED The Joint Finance Committee met on Friday, October 3, 2014 at 9:00 A.M., in the Board of Supervisors' Closed Session Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Charles S. DeHaven, Jr., Frederick County representative; and John Willingham, and Milt McInturff, City of Winchester representatives; Chairman Richard Shickle, Frederick County representative (arrived at 9:15 a.m.). Others present: John R. Riley, Jr„ County Administrator; Jay E. Tibbs, - Deputy County Administrator; Eden Freeman, City Manager; Roderick B. Williams, County Attorney; Anthony Williams, City Attorney; Mary Blowe, Finance Director City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Perry Eisenach, Public Services Director, City of Winchester, Corey MacKnight, Facilities Director, City of Winchester; Tam Hoy, Assistant Public Services Director; Judge Clifford L. Athey, Jr.; Board of Supervisors members: Christopher E. Collins, Robert A. Hess, Gary A. Lofton, and Gene E. Fisher; Sheriff Robert T. Williamson; Commonwealth's Attorney Ross F. Spicer; and Raya Zimmerman, The Winchester Star. Mr. Willingham called the meeting to order. ** *For Board Action * ** Discussion o1' Joint Judicial Center Renovations — Protect Annroved Judge Clifford L. Athey, Jr. appeared before the committee to discuss the need to renovate the Joint Judicial Center to accommodate the new judges, who were approved by the General Assembly. He stated he was seeking assistance from the localities to address specific needs in the interim, which would allow the localities to work towards a long term plan to accorr�modate space needs over the next 30 years. Perry Eisenach reviewed the proposal to accommodate the space needs. He noted that staff would engage Moseley Architects to begin the actual development of plans for the proposed renovations. He then presented two preliminary cost estimates far this project. The in -house staff estimate was $3,144,900 and the Moseley estimate was $4,065,500. The total project cost would be shared on a 50 -50 basis by both the city and the county. Upon a motion by Mr. Shickle, seconded by Mr. McInturff, the Joint Finance Committee Minute Book lumber 46 Board of Supervisors Regular Meeting of 1a1 ©8/14 092 recommended approval of the renovations to the Joint Judicial Center at a cast not to exceed $4,065,500, with costs to be shared on a 50 -50 basis or $2,032,750 per locality, There being no further business, the meeting was adjourned at 9:43 a.m. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board approved the renovations to the Joint Judicial Center at a cost not to exceed $4,065,500, with costs to be shared on a 50 -50 basis or $2,032,750 per locality. Supervisor Collins stated he would like to see the creation of a joint committee is look at what do in the future regarding the space needs at the Joint Judicial Center, Chairman Shickle stated he thought that would be an appropriate topic for discussion at a future Joint Finance Committee meeting. offices. Supervisor Lofton asked if there were any other costs associated with the relocation of Chairman Shickle responded there would be additional costs to the city, but not the County. There being no further :discussion, 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 TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on September 22, 2014 at 8:30 a.m. Members Present Chuck DeHaven {voting) James Racey (voting) Gene Fisher {voting) Thom Ruffin (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC} Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) ** *items Requiring Action * ** 2. Rail Crossing Support Request - APPROVED Winchester anal Western Railroad is in need of an additional crossing at Sinking Spring Lane in Gore, to access a maintenance shop which they will be constructing. Please see attached graphics. They are requesting a resolution of support from the County as they go through their VDOT approval process. After discussion with staff and VDOT regarding the application the following motion Minute Book Number a0 Board of Supervisors Regular Meeting of 14/08/14 093 was made. MOTION by Mr. Racey and seconded by Mr. Ruffin to recommend the Board approve a resolution of support provided the resolution requires VDOT requirements be met. Motion passed unanimously. (resolution attached} Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the resolution of support for Winchester and Western Railroad. RESOLUTION #024 -14 WHEREAS, Winchester and Western Railroad is constructing a new maintenance facility and is in need of an additional or modif ed crossing of Sinking Spring Lane, a public roadway in Frederick County; and WHEREAS, the Frederick County Board of Supervisors is supportive of increased use of rail to move freight. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, are supportive of a new or modified rail crossing of Sinking Spring Lane, a public roadway in Frederick County, provided that VDOT standards and requirements are met. Adopted this 8th day of October, 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 ** *Items Not Requiring Action * ** 2. Signal pragrarrllning discussion Mr. Grant Sanders of VDOT was on hand to discuss traff c signal programming and methodologies in the County. The primary topic discussed was greater use of permissive left turns in form of a flashing yellow arrow along sections of Route 522. Mr. Sanders indicated that VDOT is increasing its use of these treatments and noted he would look into the areas suggested. 3. HB 2 Implementation Update Staff gave a brief update on the activities taking place surrounding HB2 and its implementation. Staff would note that more up -to -date information has recently been forwarded to the Transportation Committee and Board. 4. Revenue Sharing Application The Transportation Committee authorized staff to proceed in developing an application that includes phase II of Valley Mill Road realignment and Coverstone Drive from its existing terrninus just past the public safety building to an intersection with Route 50 and Inverlee Drive. This item will appear for resolution on a future Board agenda. 5. October 8, 2014 CTB Meeting Staff noted that there will be a public comment opportunity an October 8, 2x14 which staff will be attending. Staff noted that as of the date of the meeting no draft plan was yet available to respond to. Since chat time, information has been received and forwarded to the Minute Book Number 40 Board of Supervisors Regular Meeting of 10108!14 094 Board and Transportation Committee that indicates 98% ($24.5 Million) of HB2 cuts to the Staunton District are based in Frederick County. PUBLIC HEARING PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD_ OF SUPERVISORS OF TH__E 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 CODE OF VIRGINrA OF 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE_ "BONDS "� OF THE COUNTY IN AGGREGATE PRINCIPAL „AMOUNT NOT TO_ EXCEED $15,000,004 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES CONSISTING PRIMARILY OF THE CONSTRUCTION OF A REPLACEMENT MIDDLE SCHOOL. A RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT ITS MEETING ON WEDNESDAYS OCTOBER 8, 2014. ,ALL INTERESTED INDIVIDUALS ARE INVITED TO ATTEND AND PRESENT ORAL OR WRITTEN COMMENTS. — RESOLUTION #023 -14 - APPROVED Administrator Riley advised this was a request from Frederick County schools to apply for a bond financing in an amount not to exceed $15 million for the construction of the replacement Frederick County Middle School. Dr. David Bovine, Superintendent of Schools, advised this amount was to cover site development and foundation work through May 2015. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor fisher, seconded by Supervisor Wells, the Board approved the bond financing. 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 $15,000,000 and to issue its general obligation school bond (as more specifically defned below, the "Local School Band "} for the purpose of financing certain capital projects for public school purposes, consisting primarily of the construction of a replacement middle school (collectively, the "Project "); WHEREAS, the County held a public hearing, duly noticed, on October 8, 2014, an the issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2b06, Code of Virginia 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 the proceeds of certain bonds to be issued by VPSA in the fall of 2014 (the "VPSA Bonds "j; WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $15,000,000 is the amount of proceeds requested (the, "Proceeds Requested ") from VPSA in connection with the sale of the Local School Bond; Minute Book Number 40 Board of Supervisors Iteguiar Meeting of IOIfl8 /I4 r� • WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Band which, in VPSA's judgment, reflects the Local Schaal Band'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 requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstances the proceeds from the sale of the Local School Bond received by the County will be less Than the Proceeds Requested since the maximum authorized principal amount of the Local School Band set forth in section 1 below does not exceed the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGII�TIA: - 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 $15,000,000 (the "Local Schaal Bond ") far 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 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 Boud. The Local School Bond shall be dated 16 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 2014B "; shall bear interest from its dated date payable semi - annually on each January 15 and July 15 beginning July 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 iri the amounts acceptable to a Delegate {the "Principal Installments "), subject to the provisions of paragraph 4 of this Resolution. 4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on the Local School Band 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 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 true interest cost of the Local School Bond does pat exceed five and fifty one - hundredths percent (5.50 %) per annum, The Interest Payment Dates and the Principal lnstallments 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 an 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 of the Local Schoal Bond shall not exceed 21 years from the date of the issuance and delivery of the Local School Bond. The execution and delivery of the Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of ail 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. Minute Book Number 40 Board of Supervisors liegular Meeting of 10/08/14 � � • 6. Pa ment• Pa in A ent and Bvnd Re istrar. The following provisions shall apply to the Local School Bond: (a} For as long as VPSA is the registered owner of the Local Schaal Band, 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.m. an the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, -then at or before 11:00 a.m. on the business day next 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 bear interest at fine 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 yr Redemption. The Principal Installments of the Local School Bond held by VPSA coming due on ar before July 15, 2024, and the definitive bond far which the Local School Bond held by VPSA may be exchanged that mature an or before July 15, 2024, 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, 2025, and the definitive bonds} for which the Local Schaal Bond held by VPSA may be exchanged that mature on 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 pxepaid 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, 2024 through July 14, 2025 101 July 15, 2025 through July 14, 2026 100`/2 July 15, 2026 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 Bond Registrar to VPSA or other registered owner by registered mail not more than riineiy (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the futuxe and such refunding causes the Local School Band to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the Local School Bond. 8. Execution of the Local School Band. 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 affx the seal of the County thereto. 9. Pledge of Full Faith acid Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Local Schaal 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 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 extent other funds of the County are not lawfully available and appropriated for such purpose. Minute Book 9Vumber 40 Board of Supervisors Regular Meeting of 10/08/14 097 10. Use of Proceeds Certificate and Tax Comuliance Agreement. 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 forth in such Tax Compliance Agreement and that the County shall comply with tyre 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 i# is in the hest 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 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 D 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 pulpose 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 ocher 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 and 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 an any such documents and attest or countersign the same. 14. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to�cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 15. 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 Band pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Cade. 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 Band 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 above motion was approved by the following recorded vote: Minute Book Number 40 Board of Supervisors Regular Meeting of 10/08/14 � r • 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 - AN ORDINANCE TO AMEND THE- FREDERICK COUNTY CODE, CHAPTER 155, TAXATION,,,,ARTICLE XII ASSESSMENT FOR ELECTRONIC SUMMONS SYSTEM, SECTION 1SS�47 ASSESSMENT OF COSTS IN CRIMINAL AND TRAFFIC CASES FOR THE COSTS OF AN ELECTRONIC SUMMONS SYSTEM. THIS AMENDMENT IS ENABLED BY LEGISLATION ENACTED BY THE 2014 GENERAL ASSEMBLY AND PERMITS THE IMPOSITION OF A $5 FEE PER CASE IN ALL CRIMINAL AND TRAFFIC CASES RESULTING IN CONVICTION. THE PROPOSED FEE WOULD BE RETAINED LOCALLY TO PAY FOR THE COSTS OF IMPLEMENTATION AND MAINTENANCE OF AN ELECTRONIC SUMMONS SYSTEM. - APPROVED County Attorney Rod Williams addressed the Board regarding this item. He advised this proposed ordinance was enabled through legislation passed by -the 2014 Virginia General Assembly. The ordinance allows for the imposition of a $S fee for use by the Sheriff for an electronic summons system. Chairman Shickle convened the public hearing. There were na public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the ordinance to amend the Frederick County Code, Chapter 155, Taxation, Article XII Assessment for Electronic Summons System, Section 155 -47 Assessment of Costs in Criminal and Traffic Cases for the Costs of Electronic Summons System. The Board of Supervisors of Frederick County, Virginia hereby ordains that Article XII (Assessment for Electronic Summons System) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, enacted, to read as follows and to take effect immediately: CHAPTER 155 TAXATION Article XII Assessment for Electronic Summons System 155 -47 Assessment of costs in criminal and traffic cases for the costs of an electronic summons system Pursuant to § 17.1 -279.1 of the Code of Virginia, 1950, as amended, there is hereby assessed a fee of $5.00 as part of the costs in each criminal or traffic case in either one of the district courts or the circuit court of the County of Frederick and which results in conviction of violation of any statute or ordinance. The clerk of the court in which the case is heard shall collect these assessments and remit them to the Treasurer of the Frederick County. The Treasurer shall hold the funds subject to disbursements by the Board of Supervisors to the Sheriff of Frederick County and/or other local law enforcement agencies in Frederick County solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an Minute Boak Number 40 Board of ,Supervisors Regular Meeting of 10 /0$!14 ��� electronic summons system. Enacted this $th day of October, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 3r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 15.5, TAXATION ARTICLE VI PROBATE OF WILLS; GRANTS OF ADMINISTRATION= SECTION 155 -29 TAX IMPOSED. THIS PROPOSED AMENDMENT WOULD ADD A NEW SUBSECTION B TO PERMIT THE IMPOSITION OF A $25 FEE BY THE CLERK OF THE CIRCUIT COURT FOR EACH LIST OF HEIRS OR AFFIDAVIT RELATING TO REAL ESTATE FILED IN PROBATE CASES IN WHICH THE DECEDENT DID NOT LEAVE A WILL, THIS PROPOSED AMENDMENT REPRESENTS AN EFFORT TO TREAT ESTATES WITH WILLS AND THOSE WITHOUT MORE EQUITABLY. - APPROVED County Attorney Rod Williams addressed the Board regarding this item. He advised this proposed ordinance was enabled through legislation passed by the 2014 Virginia General Assembly. The ordinance allows the Clerk of the Circuit Court to impose a $25 fee for the recordation of a list of heirs or affidavit relating to real estate in probate cases in which the decedent does not leave a will. The proposed amendment represents an effort to treat estates with wills and those without more equitably. Supervisor Lofton asked if the fee would stay with Frederick County. Rebecca Hogan, Clerk of the Circuit Court, responded yes. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the ordinance to amend the Frederick County Code, Chapter 155, Taxation, Article VI Probate of Wills; Grants of Administration; Section 155 -29 Tax Imposed. The Board of Supervisors of Frederick County, Virginia hereby ordains that Article VI {Probate of Wills; Grants of Administration) of Chapter 155 (Taxation} of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Article VI (Probate of Wills; Grants of Administration; Lists of Heirs; Affidavits Relating to Real Estate of Intestate Decedents) of Chapter 155 {Taxation} of the Cade of Frederick County, Virginia, as follows and to take effect immediately (additions are shown in bold underline): CHAPTER 155 TAXATION Minute Booic lYumber 40 Board of Supervisors Regular Meeting of 10/08/14 goo ARTICLE VI Probate of Wills; Grants of Administration1 Lists of Heirs; Affidavits Relatin;; to Real Estate of Intestate Decedents § 1SS -29 Tax ar fee imposed. A. There is hereby imposed a County tax on the probate of every will or grant of administration in an amount equal to 1/3 of the amount of the state tax on such probate of a will or grant of administration. B. There is hereb im osed a Coun fee of $25 for the recordation of a list of heirs ursuant to 64.2 -509 of the Code of Vir inia 1950 as amended ar an affidavit pursuant to_�.64.2 -510 of the Code of Virginia, 1950 as amended, as provided in $ 58.1- 1717.1 of the Code of Virginia, 1950, as amended. § 155 -30. Dispasi #ion of taxes collec #ed. The Clerk of the Circuit Court of the County collecting the tax imposed under § 155 -29 shall pay the same into the treasury of the County. Enacted this 8th day of October, 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. lusher � Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS REZONING #03 -14 GOVERNORS HILL — PROFFER REVISION — (RESOLUTION #025 -14} - APPROVED Deputy Planning Director Miehael Ruddy appeared before the Board regarding this item. He advised this was a request to revise the proffers associated with Rezoning #OS -13. This proposed revision relates specifically to the Transportation section of the proffers and applies only to parcels owned by JGR Three iLC within the Governor's Hill project, specifically parcels 64 -A -86 and 64 -A -87. Deputy Director Ruddy noted this was a minor proffer revision to change the amount of office space that may be developed on the property utilizing access to the existing completed portion of Coverstone Drive. The applicant was seeking to increase the current amount of office from 200,000 square feet to 300,000 square feet. This proposed increase affects trigger for the design and construction of Phase I of Coverstone Drive from Route 50 into the property. He concluded by saying there was no public hearing requirement because this was a minor proffer amendment and the Planning Commission recommended approval. Chairman Shickle asked if it was still the counsel �of staff that this was a minor proffer amendment. Minute Book Number 40 Board of Supervisors Regular Meeting of 10/08/14 .. 1a1 County Attorney Williams responded yes. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the ordinance amending the Zoning District Map, Rezoning #03 -14 Minor Proffer Revision of Governors Hill. WHEREAS, Rezoning #03 -14 Minor Proffer Revision of Governors Hill, submitted by William H. Gordon Associates, to revise the proffers associated with Rezoning #10 -08 and #05- 13 relating to the "Transportation" section of the proffers was considered. The proffer revision, originally proffer statement dated September 2, 2008, with a final revision dated September 18, 2014 applies only to the properties owned by JGR Three, L.L.C. (64 -A -$6 and 64 -A -87} and does not impact other properties identified under the Governors Hill Proffer Statement. These modifications include the increase from 200,000 to 300,000 square feet of office floor space which may be developed utilizing access from the completed portion of Coverstone Drive. This increase in floor space is located in Sections 15.2 and 15.11 of the proffer statement. WHEREAS, the Planning Commission held a public meeting on this rezoning on October 1, 2014, and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on October 8, 2014; and WHEREAS, the Frederick County Board of Supervisors Ends 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 TT RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #10 -08 and #05 -13 relating to the "Transportation" section of the proffers. This minor proffer revision, originally proffer statement dated September 2, 2008, with a final revision dated September 18, 2014, modifies the square feet of office floor space from 200,004 to 300,000 which may be developed using access from the completed portion of Coverstone Drive. This ordinance shall be in effect on the date of adoption. Passed this 8�` day of October, 2014 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 BLACK DIAMOND WAREHOUSE SITE PLAN STONEWALL INDUSTRIAL PARK) — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this site plan was being presented to the Board for information only due to its impact on the Route 37 right -of way. The property is located on McGee Road and two building additions are to be located within the Route 37 right -of -way. Chairman Shickle stated he felt compelled to say something because in prior meetings he had said the industrial park should work with us. He went on to say that in light of the funding Minute Soak Number 40 Board of Supervisors Regular Meeting of l0 /0$114 102 reductions enacted by the state, in particular funding for Route 37, it was not reasonable to hold these landowners up. He concluded by saying he believed they did try. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton advised the 150th commemoration of the Battle of Cedar Creek would be taking place October 15 -19, 2014. He noted there would be lots of programs and activities. Supervisor Hess reported the Farm Bureau held a very successful Main Street Day in September. Supervisor Fisher stated he was proud to be a small part of this organization, in light of the staff recognized earlier in the evening. He concluded by saying he could not say thank you enough to the dedicated emplayees and staff. ADJOURN 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. (7:50 P.M.) ��, :r. ���_,__� Richard C. Shickle � oh -u � ile Jr. �, Chairman, Board of Supervisors Clerk, B and of Supervisors Minutes Prepared By: Jay . T' bs Deputy Clerk, Board of ,supervisors Minute Book Aiumber 40 Board of Supervisors Regular Meeting of 10/08114