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March 25 2015 Regular Meeting Minutes250 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 25, 2015 at 6 :15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia, PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E, Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Redbud District — Vacant. CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, for discussion and consideration of a personnel matter involving a specific individual, The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only personnel matters, pursuant to Section 2,2 -3711 A (1) of the Code of Virginia, 1950, as amended, specifically discussion or consideration of a personnel matter involving a specific individual, were discussed. Minute Book Plumber 40 Board of supervisors Regular Meeting of 03125115 251 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant RECESS Chairman Shickle advised the Board would recess until 7:00 p.m. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised he had no changes for the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CONSENT AGENDA - APPROVED Interim. County Administrator Williams offered the following items for the Board's consideration under the consent agenda: - Proclamation — National Telecommunicators' Week in Frederick County, Virginia, April 12 -18, 2015 — Tab D; and - Parks and Recreation Commission Report — Tab H. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 Mru Robert W. Wells Aye Redbud District Vacant Chairman Shickle recognized the leaders and members of Boy Scout Troop #107. PUBLIC HEARING FISCAL YEAR 2015 -2016 BUDGET Interim County Administrator Williams presented an overview of the Fiscal Year 2015- 2016 budget. He advised the total advertised budget for FY 2016 is $275,884,464. School related budgets equal 66% and public safety equates to 17% which includes Sheriff, Fire and Rescue and the Regional Adult Detention Center. The remaining 17% includes the non- school and non - public safety administration, Public Works, Parks, Social Services, Community and Economic Development, Landfill, Airport, Shawneeland, and Lake Holiday. He concluded by saying staff would continue to work towards the budget objectives discussed during the budget work sessions. Discussions will continue at a budget work session prior to the next Finance Committee meeting regarding budget initiatives. Chairman Shickle convened the public hearing. Barbara Burroughs, Opequon District, spoke in favor of funding the requested positions in Fire and Rescue. She noted under the current proposal the department was only getting about 20 % of the requested positions. She spoke about a fire at her home and how the firefighters who responded were tired and overwhelmed when they responded. She went on to say the after report was not filed properly. She stated the men did the best they could, but they need more help. She advised that we cannot have these people work all day and expect them to keep things straight. She concluded by asking the Board to give more money to Fire and Rescue. Renee Patrick, managing attorney at Blue Ridge Legal Services, spoke about the legal services they provide to Frederick County's low income residents. She asked that they be put back in the budget for some amount of money. She cited a number of Frederick County clients who were assisted by Blue Ridge Legal Services. She concluded by asking for a modest financial contribution from the County. Marietta Cather Walls, Lord Fairfax Soil and Water Conservation District, stated she was Frederick County's elected volunteer director. She noted the District was proposed to receive $7,000. She cited the work of the District in making our water pure and clean. She noted the money helps support five different employees who work for the District. She concluded by saying that three Frederick County farmers received $250,000 from the state to Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25115 253 replace fencing along waterways. Mark Reddy, Gainesboro District and teacher at James Wood High School, commended the Board of Supervisors for their support of the county's school system. He noted the schools do a lot of good work. He concluded by saying he and his family moved back to Frederick County so his daughters could attend Frederick County public schools. Darren Jones, Opequon District, stated he was a patron of Bowman Library and a home school dad. He stated he and his children regularly visit Bowman Library and that librarian Donna Hughes has been a great help to them. He noted they could not use the library on Thursdays. He asked the Board to increase its financial support in order to allow the library to be open longer on Thursdays. Jack Lillis, Back Creek District, spoke in support of the budget requests for the Sheriff's Department and Fire and Rescue. He noted Fire and Rescue responded to over 10,000 calls last year and the Sheriff's Department had over 4,202 arrests. He stated that both departments strive to protect people's lives and property and if the departments are not adequately staffed then county residents would suffer. Jerri Swogger, Gainesboro District, thanked the Board for their support of the schools. She spoke in support of Frederick County public schools. She noted full -day kindergarten was making a difference for a number of children and families. She concluded by thanking the Board for approving the FYI budget as advertised. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle and Members of the Board: I appreciate you giving consideration to the taxpayers' wallet by adjusting the property tax rate downward in an attempt to keep our budget revenue neutral. I have a couple of topics to address: The 4 th High Schools The recently approved FY2015 -2016 Frederick County Capital Improvements Plan (CIP) lists the 4 th High School as the 93 Priority for the School Board. It indicates that current High School program capacity is 4,050 students & that the projected enrollment in 2019 will be 4,236 students, an increase of 186 Looking back I would note... In the 2013 CIP this HS was estimated to cost 2013 $64.1 Mwith at capacity of 1,250 2014 $70 Mwith the same capacity 2015 $91.9 Msame capacity However, just last week I read in the School Board minutes that the new capacity was 1, 725. I am not sure how we found 475 new spaces. I think this deserves attention as our projected census increase is 186 & we are building a facility for 1, 725. There must be an explanation. I Minute Rook [lumber 40 Board of Supervisors Regular Meeting of 03/25/15 254 believe it is difficult for constituents & taxpayers to review all the documents & changes & come away with a good understanding as to why we are preparing to build one of the most expensive High Schools in Virginia here in Frederick County. One point I am attempting to highlight, is the increase in debt service Virginia Taxpayers must take on. It was not too long ago this Board passed a resolution admonishing the General Assembly for not adequately funding Government Schools. I don't think we can have it both ways. If we are not good stewards herein the County ofpublic education funding we should not `cast stones' and pass the responsibility to the State. I would also like to make comment on the information I read in the Finance Committee minutes & an article provided in the Winchester Star article on Mar 11, 2015. `County, schools have pay disparity'. It would appear the School Board alleges that there is a pay disparity between the County employees & School employees. I have spoken before this Board and the School Board on several occasions about the benefits of adopting a Merit Pay system. The County has done this. The School Board has elected not too. Based upon this policy, I do not believe I can accept their proposition of a pay disparity. I once again encourage you to recommend the School Board move to a Merit pay system for those job categories you called out in the minutes & in the newspaper. Additionally, I'd recommend you compare these positions to the private sector, to include private schools. Thank you for allowing me to address the Board. " In addition, Mr. Marts cited the $877 million in real estate tax exemptions in the County and asked the Board to review these. Joy Kirk, Back Creek District and President of the Frederick County Education Association, advised she has been a teacher for over 20 years and has watched her colleagues put the students first. She shared examples of teachers coming in early, staying late, and using lunch time to help students. These teachers volunteer their time to make activities happen. She noted the school custodians, librarians, and cafeteria workers also work to help the students. She concluded by saying she was proud to be a colleague of these individuals. Larry Sullivan, Shawnee District, spoke in favor of funding for Handley Regional Library. He cited Frederick County's per capita expenditure of $19 /person, which is in the bottom' /4 of Virginia. He concluded by asking the Board to restore the Thursday hours that were cut in 2008 -2009. Maureen Gorman, City of Winchester and school counselor at Apple Pie Ridge Elementary School, spoke in favor of young teachers. She noted the Frederick County Public School teachers were over achievers because she was seeing more students succeed. She noted that fatigue and burnout follow when teachers can't stand the ongoing pressure or need more staff and equipment. Susan Brinkmeier, Stonewall District and principal of Frederick County Middle School, Minute Book Number 40 Board of supervisors Regular Meeting of 03/25/15 255 spoke in support of adoption of the budget as advertised. She noted that technology was very important for engaging students and expanding their thinking. She cited the Chromebook initiative as a way to provide a level playing field for 6 graders. With regard to the salary initiative, it was needed to attract high quality teachers. She concluded by saying investing in schools equals investing in the community and she urged the Board to adopt the budget. John Clawson, Opequon District, spoke on behalf of Handley Regional Library. He asked the Board to consider fully funding the libraries request. He noted the incremental increase was very small for the services provided. Mark Regan, Stonewall District, stated the Board had a problem to solve before spending one more nickel of taxpayer money. He spoke against the Carmeuse kiln waiver that was previously approved by the Board. He advised that we rank q"' in highest air pollution. He noted the kiln was located 3,000 feet from Stonewall Elementary School. He stated that he had attended a public hearing on the air quality permit, but no county or school official was there to speak. He concluded by saying Carmeuse should be shut down until a study could be done. Christine Germeyer, Gainesboro District, stated she represented a spouse of a teacher and a mother of special needs children. She shared the success Frederick County Public Schools is making in the lives of those families. She spoke briefly about the I'm Determined project. She concluded by saying she hoped the Board would continue its support of Frederick County Public Schools. Ben Waterman, Opequon District and Chairman of the Frederick County School Board, thanked the Board for working with the school board through this budget process. The proposed budget will not provide all of the funds needed, but will allow the schools to begin addressing some needs that have been identified. He went on to say future work is needed to provide for more competitive salaries, Chromebook initiative, new school buses, etc. He concluded by saying we need to be proactive and not reactive regarding future growth. Dr. David Sovine, Superintendent of Schools, offered the following comments regarding the budget process: "Mr. Chairman and members of the Board- I'm David Sovine, Superintendent of Frederick County Public Schools and resident of the Shawnee District. I'm here this evening to thank you for your willingness to work collaboratively with our School Board and for your continued commitment to invest in our children and our community's future. We certainly have a lot to be proud of in Frederick County Public Schools: Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 256 ➢ Our mean SAT scores last year exceeded the average for all students taking the test. In addition, our scores hit a 4-year high in 2013. ➢ We have achieved the highest graduation rates in 4 years with 95% of the 12th grade membership graduating in 2013-14. I must add this exceeds both state and national averages. ➢ We rank 10th among 134 school divisions in industry certifications earned. ➢ 81 percent of our graduates continue their education at either two- or four -year colleges, and others join the military or begin working within our community, utilizing the skills they have acquired and developed as students in our school division. You witness the work of our students each year through team projects completed by our Government Service Learning students. Community service is a top priority of FCPS. Our students are giving back in many ways, and by working collaboratively with various government agencies, they are finding creative solutions to real problems faced by our community. Thank you for your continued support of our students and .FOPS. Your support is a wise investment for growing and maintaining our strong community. I've shared the Economic Impact Studies pertaining to the value of supporting public education completed by Arlington and Virginia Beach school divisions. Investing in public schools strengthens our potential for increased revenues as we strive to create and maintain a thriving community supported by an exceptional public school system. The additional 10.4 million requested in my proposed budget is an attempt to address the most critical needs of the school division, but certainly not all of our needs. If that were the case, my initial request would have been far greater. In closing, I ask that you approve the budget as advertised. Again, thank you for the support you have demonstrated over the past several years and for your willingness to invest in our children. " Rebecca Heisner, James Wood High School graduate and James Madison University student, spoke about her experiences attending Frederick County Public School and how through her classes and teachers at James Wood High School she wanted to be a journalist. Braden Bean, James Wood High School graduate and James Madison University student, spoke how his teachers touched his life and impacted him more than anyone else. He cited a personal example from five years ago when a teacher took an interest in his well being following a health scare. There being no further comments, Chairman Shickle closed the public hearing. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Wells stated he would like to see Handley Library's request to have the Thursday hours reinstated be considered, if possible. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 257 approved the minutes from the February 25, 2015 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant The Board considered the minutes from the March 4, 2015 work session. Supervisor Hess stated the minutes listed Supervisor Collins as absent; however, it should state that the Redbud seat was vacant, since this meeting followed Supervisor Collins' resignation from the Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the minutes from the March 4, 2015 Budget Work Session as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS — ANTHONY RILEY AND RICKY MCKEE APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved Anthony Riley as Employee of the Month for March 2015 and Ricky McKee as Employee of the Month for April 2015. Employee of the Month Resolution ( #066 -15) For: Anthony Riley 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, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Anthony Riley who is employed by the Frederick County Maintenance Department was nominated for Employee of the Month; and Minute 'Book Number 40 Board of supervisors Regular Meeting of 03/25/15 W • WHEREAS, Anthony Riley is a Maintenance Specialist who has the dedication and willingness to go above and beyond the "norm" to accommodate all the requirements of his position. In addition to his daily duties, Anthony recently put in much physical labor by removing over 80 filing cabinets and relocating office furniture for the Frederick County Department of Social Services who recently added seven new positions. Anthony maintains a positive attitude as well as courtesy for other employees and his hard work never goes unrecognized. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25 day of March, 2015, that Anthony Riley is hereby recognized as the Frederick County Employee of the Month for March 2015; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Anthony Riley for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Anthony Riley is hereby entitled to all of the rights and privileges associated with his award. Employee of the Month Resolution ( #067 -15) For: Ricky McKee 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, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Ricky McKee who is employed by the Frederick County Maintenance Department was nominated for Employee of the Month; and WHEREAS, Ricky McKee is a Maintenance Custodian who has the dedication and willingness to go above and beyond the . "norm" to accommodate all the requirements of his position. In addition to his daily duties, Ricky recently put in much physical labor by removing over 80 filing cabinets and relocating office furniture for the Frederick County Department of Social Services who recently added seven new positions. Ricky maintains a positive attitude as well as courtesy for other employees and his hard work never goes unrecognized. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25`" day of March, 2015, that Ricky McKee is hereby recognized as the Frederick County Employee of the Month for April 2015; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Ricky McKee for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Ricky McKee is hereby entitled to all of the rights and privileges associated with his award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Crary A. Lofton Aye Robert W. Wells Aye Minute Book Dumber 40 Board of Supervisors Regular Meeting of 03/25115 259 Redbud District Vacant PROCLAMATION ( #002 -15) — NATIONAL TELECOMMUNICATORS' WEEK IN FREDERICK COUNTY VIRGINIA APRIL 12 -18 2015 — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREOFRE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 12 -18, 2015 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. COMMITTEE APPOINTMENTS There were no committee appointments. A RESOLUTION #068 -15 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK VIRGINIA APPROVING THE LEASE FINANCING OF PUBLIC FACILITIES AND AUTHORIZING THE LEASING OF CERTAIN PROPERTY_ IN CONNECTION THEREWITH, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE AND OTHER RELATED ACTIONS. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the resolution of the Board of Supervisors of the County of Frederick, Virginia, approving the lease financing of public facilities and authorizing the leasing of certain property in connection therewith, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions. WHEREAS, on April 19, 2006, the Economic Development Authority of the County of Frederick, Virginia (formerly known as the Industrial Development Authority of the County of Frederick, Virginia) (the "EDA ") issued its $21,410,000 Lease Revenue Bonds (Frederick County, Virginia Public Safety Capital Projects) Series 2006 (the "2006 EDA Bonds ") in order to provide funds for the construction and equipping of new public safety facilities, an animal control facility and other public safety facility projects (the "2006 Project "); Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 200 WHEREAS, the Board of Supervisors (the "Board ") of the County of Frederick, Virginia (the "County") intends to refinance the costs of the 2006 Project (the "2015 Project ") by refunding all or a portion of the 2006 EDA Bonds; WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the 2015 Project; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2015A or such other series of bonds as VRA and the County -may determined (the "VRA Bonds ") and, subject to VRA credit approval, to provide a portion of the proceeds to the County to finance the 2015 Project pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease "), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease ") with VRA whereby the County will lease all or a portion of the 2006 Project and the real estate on which such leased portion is located (the " Real. Estate ") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease back to the County the portions of the 2006 Project and the Real Estate leased by the County pursuant to the Prime Lease (collectively, the "Leased Premises "), and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the 2015 Project (the "Rental Payments "); WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that the County requests an amount sufficient to refund the 2006 EDA Bonds selected for refunding plus an amount sufficient to pay local costs of issuance (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested ") from VRA; WHEREAS, VRA has advised the County that VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective "), taking into consideration the Proceeds Requested and such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs ")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater 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 aggregate amount of the principal components of the Rental Payments under the Financing Lease does not equal or exceed the sum of the Proceeds Requested plus the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents. " Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Approval of Lease- Leaseback Arranument The lease- leaseback arrangement with VRA to accomplish the financing of the 2015 Project is hereby approved. The leasing of Leased Premises by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 261 Lease is hereby approved. The leasing of the Leased Premises by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. If the County elects to finance other projects with VRA at the same time as the 2015 Project, the County is hereby authorized to combine the financing of such projects into one lease - leaseback financing. 2. Approval of the Terms of the Rental Payments The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $19,000,000 and a true interest cost not to exceed 6.0% per annum (exclusive of "Supplemental Interest" as provided in the Financing Lease and taking into account any original issue discount or premium), and the final maturity shall be not later than 25 years from the date of the first Rental Payment under the Financing Lease. It is determined to be in the best interest of the County to enter into the Financing Lease with VRA, subject to the terms and conditions set forth in this Resolution. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 2 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price at an amount less than the Proceeds Requested. The County Administrator is authorized to accept the interest component of Rental Payments based on the interest rate or rates established by VRA. The actions of the County Administrator in accepting the final terms of the Financing Lease, including its purchase price and the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 3, Other Payments under Financine Lease Subject to paragraphs 7 and 8 below, the County agrees to pay all amounts required by the Financing Lease in addition to Rental Payments, including the "Supplemental Interest," as provided in the Financing Lease. 4. Execution and Recordation of Documents The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Clerk of the Board of Supervisors and any Deputy Clerk, any of whom may act, are authorized to affix the seal of the County to the Documents, if required, and to attest such seal. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Prime Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court of Frederick County. 5. Form of Documents The Documents shall be in substantially the forms on file with the County Administrator, which Documents are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act. The execution and delivery of the Documents by the Chairman and the County Administrator, or either of them, will constitute conclusive evidence of the approval of any such completions, omissions, insertions, and changes, including acceptance of the final terms of the Financing Lease. 6. Essentiality of the Project and Real Estate The 2006 Project and the Real Estate are hereby declared to be essential to the efficient operation of the County, and the County anticipates that each will continue to be essential to the operation of the County during the term of the Financing Lease. 7. Annual Budu . 'While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 262 responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. S. Rental Payments Subject to Appropriation The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Resolution or the Documents shall constitute a pledge of the full faith and credit or taxing power of the County or compel the Board to make any such appropriation. 9. Disclosure Documents The County authorizes and consents to the inclusion of information with respect to the County in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2 -12. 10. Tax Documents The County Administrator and the County's Director of Finance, either of whom may act, are hereby authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents ") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 11. Other Actions All other actions of the officers of the County in conformity with the purpose and intent of this Resolution are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the actions contemplated by this Resolution or the execution and delivery of the Documents, including with limitation the execution and delivery of an escrow agreement or similar arrangement related to the refunding of all or a portion of the 2006 EDA Bonds. 12. SNAP Investment Authorization The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ("SNAP ") and the Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the County has determined to authorize the County Administrator and the Treasurer, or either of them, to utilize SNAP in connection with the investment of any portion of the proceeds of the lease - leaseback transaction if the County Administrator and the Treasurer determine that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 13. Effective Date This resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Minute Book Number 40 Board of supervisors Regular Meeting of 03125115 �1 REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Interim Administrator Williams advised the following were requests from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. BMW Financial Services NA LLC the amount of $2,796.01 for personal property taxes prorated in 2012 and 2013. This refund was the result of normal proration of vehicular taxes not previously requested this financial company. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant 2. Mortgage Company the amount of $60,113.14for real estate taxes billed in error and paid in 2014. This refund was the result of a staff keying error in a wrong field causing the overbilling error. The Commissioner has put a new process in place so this type of incident does not occur again. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 10, 2015. Members present were: Kevin Anderson, Patrick Anderson, Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Marty Cybulski. Items Requiring Board of Supervisors Action: None Submitted for Board Information Only I. Meeting Date, Time, and Place — Mr. Sandy recommended continuing meeting on the 2 Tuesday of each month at 7:00 PM and alternate meeting place so each magisterial district is used as a meeting place twice a year. 2. Buildings and Grounds — Northwest Sherando Park Site Plan — The Buildings and Grounds Committee recommended to approve the site plan as submitted, second by Mr. Carter, motion carried unanimously (6 -0). Please see attached site plan. Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 264 HUMAN RESOURCES COMMITTEE REPORT APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, March 13, 2015 at 8:00 a.m. All members were present. ** *Items Requiring Action * * *. 1. The Committee recommends approval of the Employee of the Month award for March and April. 2. The Committee recommends approval to create the Research Manager position within the Economic Development Authority. - APPROVED The EDA Director requested a Research Manager position within his FY2016 budget request. It was determined that this is a newly developed position and therefore needs approval from the Board of Supervisors to be created and established as part of the County's list of approved positions. The funding for this position has been included within the budget discussions and is separate from this recommendation. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the creation of this position. Supervisor Lofton stated he did not object to the position being created; however, he would like to know if it would be possible to reconstitute it as needed. Specifically could the position change to suit the Board of Supervisors' directives? There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr. Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Redbud District Aye Aye Aye Aye Aye Aye Vacant ** *Items Not Requiring Action * ** 1. The Committee met in closed session pursuant to §2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, for discussion and consideration of a personnel matter involving a specific individual. 2. In the Committee's discussion on the proposed positions that were included in the FY2016 budget cycle, the Committee supports the proposed use of fund balance for the seventeen (17) Public Safety positions as outlined in the Assistant County Administrator's memo dated March 2, 2015. 3. Additionally, the Committee discussed their desire to play an active role in subsequent year's budget cycle in regards to proposed positions. It was suggested that at the beginning of next year's budget cycle, department heads have the opportunity to present to the Committee their requests for new positions. 4. At the request of the Committee, Ms. Becky Hogan, our Clerk of Courts, presented an overview of the objectives and responsibilities of the Clerk's Office. The presentation also provided the Committee an understanding of her department's role, authority, projects, and topics of importance within her department. Minute Book Number 40 Board of supervisors Regular Meeting of 03125115 5. In the Committee's discussion of the completed Salary Survey study, the Committee will discuss at its next meeting the County's Compensation philosophy and future policy on addressing employees whose salary has reached the maximum of their salary range. 6. The HR Director was asked to present an outline of a proposed Total Compensation Study project for the Committee's next meeting. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, April 10, 2015 BOARD LIAISON REPORTS Supervisor Lofton stated the Board should have received the annual report from the Department of Social Services. He suggested they look at the amount of money the department puts into the local economy. CITIZEN COMMENTS Shawn Graber, Back Creek District, advised that he had attended a joint meeting of the Board and School Board where members were lamenting why they could not talk to their delegates. He stated that he attended Delegate Berg's town hall meeting and had his questions answered. He noted that he saw no representatives from the Board of Supervisors there. He went on to say the Board wanted to look at unfunded state mandates, but it was "missing in action" when it comes to talking to our delegate. Kenneth Hunter, Back Creek District, stated he had a copy of the structural report for the Exit 313 bridge, which VDOT gave to the Board last year. He noted the deck received a failing rating. He asked who would be at fault if the bridge fails, VDOT or the County. He left a copy for the Board. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised that the Heritage Commons applicants have been approaching board members about meeting to discuss their project. He stated that he had no problem with board members meeting with the applicants individually if they had interest. Supervisor Wells advised that he had been approached and he spoke with the county attorney for guidance. 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. (8.27 P.M.) Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15 266 Richard C. Shickle Chairman, Board of Supervisors Roderick B. Williams Interim Clerk, Board of Supervisors Minutes Prepared By: Jay EJTi#bs Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 03/25/15