October 23 2019 Board_Agenda_PacketAGENDA
REGULAR MEETINGBOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 23, 2019
7:00 PM
BOARD MEETING ROOM
107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601
1.Call to Order
2.Invocation
3.Pledge of Allegiance
4.Adoption of Agenda
5.Citizen Comments –
For agenda items that are not the subject of a Public Hearing
6.Consent Agenda
6.A.Minutes of Closed Session and Regular Meeting of October 9, 2019
MinutesClosedSessionBOS191009.pdf
MinutesRegularMeetingBOS191009.pdf
6.B.Finance Committee Report of 10-16-19
FinanceCommReportOctober2019.pdf
6.C.Parks & Recreation Commission Report of 10-8-19
Parks&RecreationCommissionReportOctober2019.pdf
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MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
WEDNESDAY, OCTOBER 23, 2019
7.Board of Supervisors Comments
8.County Officials
8.A.Committee Appointments
Extension Leadership Council
1.
4-year term as Red BudDistrict Representative is vacant
(See attached application ofJerry Fout)
Economic Development Authority
2.
4-year term or Gary Lofton expires 11/10/19
(One member of the Authority may be a member of the Board of
Supervisors.Mr. Lofton iseligible for reappointment if theBoard
so desires, however, the Board would no longer have direct
representationon the EDA.)
CommitteeAppointmentsMemo(102319BdMtg).pdf
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MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
WEDNESDAY, OCTOBER 23, 2019
9.Committee Business
9.A.Finance Committee
(*)Items 2, 4, and 5 were approved on committee consent agenda.
1. The FCPS Director of Finance requests $1,388,520.16 unspent in the
School Operating Fund in FY19 to be carried forward to FY20. Of this
amount, $347,857.06 represents restricted grant funds received, and
$1,040,663.10 represents an unobligated surplus to be used for 10
school buses.The committee recommends approval of a transfer from
the County Capital Fund to the School Operating Fund in the amount of
$347,857.06, and atransfer from the County Capital Fund to the School
Capital Fund in the amount of $1,040,663.10.
2. (*) The Sheriff request a General Fund supplemental appropriation in
the amount of $2,550. This amount represents proceeds from the sale of
an out of service cruiser to be used toward the purchase of a
replacement. No local funds are required. Approved on committee
consent agenda.
3. The Public Works Director request a Shawneeland Fund supplemental
appropriation in the amount of $30,000. This amount represents a carry
forward of unspent FY19 funds to be used for the construction of
additional office space. The Public Works Committee has approved.The
committee recommends approval.
4. (*)The Public Works Director requests a General Fund supplemental
appropriation in the amount of $3,000. This amount represents restitution
paid for the shelter providing care for three dogs for 106 days. No local
funds required.Approved on committee consent agenda.
5. (*)The Solid Waste Manager requests a General Fund supplemental
appropriation in the amount of $3,245. These funds represent two grants
received: Keep Virginia Beautiful and the Chesapeake Bay Restoration
Fund. No local funds required. Approved on committee consent agenda.
6. The Deputy County Administrator requests a General Fund
supplemental appropriation in the amount of $102,000. This amount
represents the maintenance and operation of Sunnyside Plaza. No local
funds required.The committee recommends
approval.
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MEETING AGENDA PAGE 4
Frederick County Board of Supervisors
WEDNESDAY, OCTOBER 23, 2019
10.Public Hearings (Non Planning Issues)
PROPOSEDSCHOOL BOND FINANCINGSBY THE BOARD OF
10.A.
SUPERVISORS OFTHE COUNTY OF FREDERICK, VIRGINIA
Notice is hereby given that 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 Virginia of 1950, as amended, on the
issuance of general obligation school bonds (the "Bonds") of the County in an
aggregate principal amount not to exceed $3,200,000 to finance certain capital
projects for public school purposes, consisting primarily of the construction and
equipping of a replacement Robert E. Aylor Middle School and costs of issuing
the Bonds. A resolution authorizing the issuance of the Bonds will be
considered by the Board at its meeting on Wednesday, October 23, 2019.
FrederickVPSA-Fall2019-Resolution(BOS)(Aylor Middle School).pdf
11.Planning Commission Business -Public Hearings
-None
12.Planning Commission Business -Other Planning Business
–None
13.Board Liaison Reports
14.Citizen Comments
15.Board of Supervisors Comments
16.Adjourn
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MINUTES
CLOSED SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 9,2019
6:15P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; Judith McCann-Slaughter;J. Douglas McCarthy; Shannon G. Trout andRobert W.
Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; and Roderick B. Williams, County Attorney;
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:15p.m.
CLOSED SESSION
Vice Chairman Lofton moved that the Board of Supervisors convene in closed session
pursuantto Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation
with legal counsel employed by the Board regarding a legal matter with respect to the Regional
Landfill, saidmatter requiring the provision of legal advice by such counseland pursuant to Section
2.2-3711(A)(1) of the Code of Virginia (1950, as amended), for discussion of a specific personnel
matter. Supervisor Dunnseconded the motion which carried on a voice vote.
The Board members being assembled within the designated meeting place in the presence
of members of the public and the media desiring to attend, the meeting was reconvened on motion
of Vice Chairman Lofton, seconded by Supervisor Dunn. Vice Chairman Lofton moved that the
Board of Supervisors of Frederick County certify that, to the best of each member’s knowledge, (i)
only public business matters lawfully exempted from open meeting requirements by Virginia law
were discussed in the closed meeting towhich this certification applies, and (ii) only such public
business matters as were identified in the motion convening the closed meeting were heard,
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discussed, or considered by the Board. Supervisor Dunnsecondedthe motion which carried as
follows on aroll call vote:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
ADJOURN
At 6:55p.m., Chairman Dehaven adjourned the meeting until the 7:00p.m. regular
meeting.
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MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 9,2019
7:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice
Chairman; Blaine P. Dunn; Judith McCann-Slaughter;J. Douglas McCarthy; Shannon G. Trout;
andRobert W. Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer;
Mike Ruddy, Director of Planning and Development;Mark Cheran, Zoning & Subdivision
Administrator; Tyler Klein, Planner;Jason Robertson, Director of Parks and Recreation; and
Andrew Farrar, Program Coordinator, Information Technologies.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00p.m.
INVOCATION
Supervisor Wellsdeliveredthe invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of Supervisor Slaughter,seconded by Vice Chairman Lofton,theagenda
was adoptedon a voice vote.
CITIZENS COMMENTS-None
ADOPTION OF CONSENT AGENDA –APPROVED
8
Frederick County Board of Supervisors
Regular Meeting Minutes * October 9, 2019
1
Upon motion of Supervisor Slaughter,seconded bySupervisor McCarthy,the consent
agenda was adoptedon aroll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes: Closed Session,Joint Planning Commission Work Session& Regular Meeting
of 9-25-19-
CONSENT AGENDA APPROVAL
-Transportation Committee Report of 9-30-19-
CONSENT AGENDA APPROVAL, Appendix 1
-Requestfor Approval to Conduct Rabies Clinics-
CONSENT AGENDA APPROVAL
-Confirmation of Voting Credentials for Supervisor Dunn for the 2019 Virginia Association
of Counties Annual Meeting
-Request from Commissioner of the Revenue for Refund and Corresponding
Supplemental Appropriation -
CONSENT AGENDA APPROVAL
Toyota Lease Trust -$5,376.05
-Committee Appointments Memo of 10-3-19-
CONSENT AGENDA APPROVAL
-Formal Confirmation of the Board's desire not to move forward with CPPA #02-19 –
Woodside Business Park-
CONSENT AGENDA APPROVAL
+ + + + + + + + + + + + + +
BOARD OF SUPERVISORS COMMENTS-None
COUNTY OFFICIALS:
SELECTION OFSTONEWALL PARK AS RECOMMENDATION FOR NAMING THE
BALLFIELD COMPLEX ON STEPHENSON ROAD –APPROVED
Supervisor Slaughter moved for approval of the name Stonewall Park for the new
ballfield complex on Stephenson Road. Supervisor Wells seconded the motion which carried on
a roll call vote as follows:
9
Frederick County Board of Supervisors
Regular Meeting Minutes * October 9, 2019
2
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
COMMITTEE BUSINESS:None
+ + ++ + + + + + + + + + +
PUBLIC HEARINGS–NON PLANNING ISSUES
AMENDMENT TO THE 2019-2020 FISCAL YEAR BUDGET -APPROVED
County Administrator Kris Tierney explained the proposed General Fund and County
Capital Fund Supplemental Appropriation in the Amount of $4,504,520saying it represents
General Fund Fund Balance in Excess of 20% that would be transferred to the Capital Fund.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for approval of the proposed General Fund and County
Capital Fund Supplemental Appropriation in the Amount of $4,504,520to be transferred to the
Capital Fund. Vice Chairman Lofton seconded the motion which carried on a roll call vote as
follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
+ + + + + + + + + + + + + +
PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS–None
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Frederick County Board of Supervisors
Regular Meeting Minutes * October 9, 2019
3
PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS
PROPOSED ORDINANCE AMENDMENT –LANDSCAPING, BUFFERS, SCREENING & OFF-
STREET PARKING-FORWARDED TO PLANNING COMMISSION PUBLIC HEARING
Planner Tyler Klein reviewed the sections of the ordinance proposed for
amendment. The Board and staff discussed the changes. On motion of Vice Chairman Lofton,
seconded bySupervisor Dunn,aresolution to send the proposed ordinance amendment to the
Planning Commission for public hearing was adopted on avoice vote.
PROPOSED ORDINANCE AMENDMENT –TELECOMMUNICATIONS FACILITIES,
COMMERCIAL–FORWARDED TO PLANNING COMMISSION PUBLIC HEARING
Planner Tyler Klein reviewed the proposed changes to the ordinance concerning
telecommunications facilities. The Board and staff discussed the changes and whether the
Board could adopt different height restrictions for certain areas in the County. On motion of
Supervisor McCarthy, seconded by Vice Chairman Lofton,aresolution to send the proposed
ordinance amendment to the Planning Commission for public hearing was adopted on avoice
vote.
BOARD LIAISON REPORTS-None
CITIZEN COMMENTS–None
BOARD OF SUPERVISORS COMMENTS
SupervisorDunn offered congratulations to Greenwood Grocery for a recent award and to
Frederick County Public Schools for all the schools having received accreditation. He also praised
the high graduation rate in the County.
11
Frederick County Board of Supervisors
Regular Meeting Minutes * October 9, 2019
4
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,the meeting was
adjourned at 7:27p.m.
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Frederick County Board of Supervisors
Regular Meeting Minutes * October 9, 2019
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FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, October 16, 2019
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on
Wednesday, October 16, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman; Angela Rudolph-Wiseman;
Gary Lofton; Jeffrey Boppe; and non-voting liaison Ellen Murphy, Commissioner of the
Revenue.
Committee Members Absent: Charles DeHaven; and non-voting liaison,
Treasurer.
Staff present: Sharon Kibler, Assistant Finance Director; Jay Tibbs, Deputy County
Administrator; Rod Williams, County Attorney; Jennifer Place, Budget Analyst;
Lenny Millholland, Sheriff; Joe Wilder, Public Works Director; and Glo
Waste Manager.
Others present: Patty Camery, FCPS Executive Director of Finance; and David Sovine, FCPS
Superintendent.
NO ACTION REQUIRED BY BOARD OF SUPERVISORS:
1.The Finance Committee Chairman has provided FY 2021 budget overview, see attached,
p.3 4.
2.The FCPS Finance Director provides FY 2019 Year End financial information and was available
for discussion. See attached, p. 5 28.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
( *) Items 2, 4, and 5 were approved under consent agenda.
1.The FCPS Director of Finance requests $1,388,520.16 unspent in the School Operating Fund in
FY19 to be carried forward to FY20. Of this amount, $347,857.06 represents restricted grant
funds received, and $1,040,663.10 represents an unobligated surp
buses. See attached memo, p. 29. The committee recommends approval of a transfer from
the County Capital Fund to the School Operating Fund in the amou
transfer from the County Capital Fund to the School Capital Fund
$1,040,663.10.
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2.( * ) The Sheriff request a General Fund supplemental appropriation in the amount of $2,550.
This amount represents proceeds from the sale of an out of servi
the purchase of a replacement. No local funds are required. Se 30 31.
3.The Public Works Director request a Shawneeland Fund supplemental appropriation in the
amount of $30,000. This amount represents a carry forward of unspent FY19 funds to d
for the construction of additional office space. The Public Wor
See attached information, p. 32 33. The committee recommends approval.
4.( * ) The Public Works Director requests a General Fund supplemental appropriation in the
amount of $3,000. This amount represents restitution paid for the shelter providin
three dogs for 106 days. No local funds required. See attached memo, p. 32, 34.
5.( * ) The Solid Waste Manager requests a General Fund supplemental appropriation in the
amount of $3,245. These funds represent two grants received: Keep Virginia Beautie
Chesapeake Bay Restoration Fund. No local funds required. See 35 43.
6.The Deputy County Administrator requests a General Fund supplemental appropriation in the
amount of $102,000.This amount represents the maintenance and operation of Sunnysid
Plaza. No local funds required. See attached memo, p. 44. The committee recommends
approval.
INFORMATION ONLY:
1.The Finance Director provides a Fund 10 Transfer Report for September 2019. See attached,
p. 45.
2.The Finance Director provides financial statements ending September 30, 2019. See attached,
p.46 56.
3.The Finance Director provides an FY 2019 Fund Balance Report endOctober 8, 2019. See
attached, p. 57.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter, Chairman
By _______________________________
Gary Lofton
Jeffrey Boppe
Sharon Kibler, Assistant Finance Director
Angela Rudolph-Wiseman
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TO: County Departments
FROM: Judy McCann-Slaughter, Finance Committee Chairman
SUBJECT: FY 21 Budget Overview
DATE: October 7, 2019
Once again, it is time to start preparing the upcoming years bu
is always met with limited resources and funding requests that are serious and
need to be addressed. This year will probably be no different. I
us to remember how much progress we have made in the past several years. We
have made significant advances in staffing for public safety and schools, we are
replacing and building new schools, and we continue to look for
our strained transportation system. While addressing these needs, we continue
to be cognizant of the tax rate and the impact to all our county residents.
This budget preparation will present challenges that we have not faced in the past
few years. The upcoming election could bring mid-year changes in boards and
departments. We are opening a new and additional elementary school. The
potential future economic slowdown could limit resources even moas our
locality continues to attract both young families and retirees. While all budgets
present challenges, it should be recognized that both current and past leadership
have allowed us to start this process with adequate fund balance
capital and policies that will continue to allow us to be fiscal
taxpayers.
Most of the budget funds a total of 3,127 full-time employees, and over 1,500
part-time and seasonal employees that deliver the services to county
Keeping competitive salaries and maintaining benefits is crucial. Upcomi
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analysis will allow us to benchmark our positions to those surrounding areas that
we loose trained and valuable employees to every day.
As in the past, we will work together in the upcoming months to
that will recognize our priorities and the ability to fund those priorities. I want to
thank everyone who makes this possible.
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ExecutiveDirector of FinancePatty Camery
cameryp@fcpsk12.net
DATE:
September 18, 2019
TO:
Cheryl Shiffler, Frederick County Finance Director
FROM:
Patty D. Camery, Executive Director of Finance
SUBJECT:FY 2020 Budget Items for Consideration by the Board of Supervisors
On September 17, 2019, the School Board approved the following budget adjustments
which aresubject to consideration and approval by the Board of Supervisors. Please include
the following FY 2019 requests on the agenda for the County Finance Committee meeting
scheduled for September 19, 2018.
Budget Adjustments to the School Operating Fund
1.A budget adjustment to the School Operating Fund is requested for the $347,857.06
which represents restricted grant funds received during FY 2019 and are to be used
for specific purposessuch as Apple Federal Credit Union Education Foundation, SOL
Algebra Readiness program, Project Graduation and other miscellaneous grants.
2.The School Board is requesting an FY 2020 budget adjustment to the School
Operating Fund for $1,040,663.10 which represents the FY 2019 unobligated surplus
in the School Operating Fund. Approval of this request will provide appropriation for
funds to be spent on 10 school buses.
cc: Dr. David T. Sovine, Superintendent
Kris C. Tierney, County Administrator
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MEMORANDUM
TO:
Cheryl Shiffler, Director of Finance
FROM:
Joe C. Wilder, Director of Public Works
SUBJECT:
Supplemental Appropriation Requests
DATE:
September 25, 2019
______________________________________________________________________________
At theMay 28, 2019 Public Works Committee Meeting thecommitteeunanimously
approved a requestfromShawneeland to move $30,000fromthefiscalyear2019 line-item
16-8108-800-00Buildinginto the same line item forfiscal year2020.
(Attachment 1)
Thisamountwillbeusedfortheconstructionofadditional officespace.
The animal shelteris requestingfunding in the amountof$3,000 be appropriatedtoline
item 10-4305-3001-00 Professional Health Servicesfrom10restitution fund. This amount
(Attachment 2)
representsfunding receivedfromcourtordered restitution in the Putnam case.
Please includetheabovesupplementalappropriation requestson thenextFinance
Committee agenda.
JCW/kco
Attachments: asstated
cc:file
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107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
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_________________ __________FREDERICK COUNTY - ANIMAL SHELTER
Kathy M. Whetzel
Shelter Manager
540/667-9192 ext. 2502
FAX 540/722-6108
E-mail: kwhetzel@fcva.us
MEMORANDUM
TO: Joe Wilder, Director of Public Works
FROM: Kathy M. Whetzel, Shelter Manager
SUBJECT: Supplemental Appropriation Request
Court Case Restitution – Professional Services
DATE: 9/24/19
________________________________________________________________________
The shelteris requestingfunding in the amountof$3,000 be appropriated toline
item 10-4305-3001-00 Professional Health Services from DR10 restitution fund. This
amount represents funding receivedfromcourt ordered restitution in the Putnam case.
The restitution was ordered as part ofa court casethat required the shelter to carefor
three dogs for 106 days pending court dates and appeals.
Ple
ase contact me if you have any questions.
KMW:hag
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MEMORANDUM
TO:
Cheryl Shiffler
Director of Finance
FROM:
Gloria M. Puffinburger
Solid Waste Manager
SUBJECT:
KVB Grant; FY 19/20
DLS Grant; FY 19/20
DATE:
October 7, 2019
The purpose of this memo is to request that deposits from Keep Virginia Beautiful ($750 for Recycle Right
campaign) and Virginia Dept. of Legislative Services ($2,495 for environmental assemblies/Chesapeake Bay)
be appropriated to the 4203 (Refuse Collection) budget for expenditure in the current fiscal year.
Both amounts are showing in Treasurer’s account 10DT.
When you determine an appropriate line items, please let me know.
If you have any questions, please contact me at Extension 8219.
/gmp
cc:file
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Keep Virginia Beautiful
2019 30 in 30 Green Grants Application
Requested Amount: $750
Grants awarded each day during month of June and project to be c
Organization: Frederick County Recycling represents the recycling collection, community outreach and
environmental education activities within the Department of Publ
responsible for all solid waste management, litter and illegal d
landfill and animal shelter, engineering services, capital proje
in the western end of the county.
Since 1997, the recycling program has been spearheaded by a sing-time manager. The department
applies for and receives a grant each year from the Virginia Lit
Board which helps offset the cost of the litter prevention progr
a $25,000 competitive grant from the Fund Board in 1998 which prcommunity
outreach and education about the countys diversion program for
Frederick County received a grant from the Fund Board in support
Secure Your Load campaign" which will be featured during the upcoming Virginia Recycling Association
Conference. This is a new outreach effort for the county and is
Sheriff's Office. One of the county's recent awards through Keep-in-30 Grant
Grants program allowed Frederick County Recycling to expand its te
and doubling diversion.
Over the years, Frederick County has been the recipient of Keep
Beautiful, Virginia Association of Counties and Virginia Recycli
Contact: Gloria Puffinburger, Solid Waste Manager, gpuffinb@fcva.us.
Received KVB grant in past: 2016, Litter Prevention
Program: Recycle Right!
In the face of tightening markets, the county is taking the best advice of indust
program simple, manageable and most importantly, contaminate fre-going process,
and we are embarking on another campaign to gain the attention o
their enthusiasm, sometimes are not taking enough time at the dr-off and putting in materials which
must be sorted out later, driving up costs. We continue to find
challenging and will focus our efforts there. Our program has always accepted bottles and
we continue to find the "wishful recycling" attempts for materia
and yogurt containers. Our recycler simply cannot market mixed p
the increasing costs of processing and the disposal of contamina
every effort to keep our program strong and sustainable, we must
make this happen. It all starts at home!
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We plan to achieve this through the use of updated decals, "Recy
in Texas, but customized by this office. We'd also like to add v-offs
where contamination seems more of a problem. Durable, updatable banners would featur
along with photos of "Recycle This" and "Not That" items. These
of the decals on drop-off cans and attract attention in an easy-to-understand format.
Another part of this outreach will be print, social media posts
Facebook pages, and a contest for best video submitted by a resi
small cash award will gain publicity and increase participation.
our social media platforms.
Part of the county's match would also be a Recycle Right PSA for
Draft Budget: 6 custom banners/vertical/full-color -- $425
cash award for winning Recycle Right video submission -- $200
artwork fees for assistance in development of custom logo -- $100
6 custom Recycle Right permanent metal signs -- $175 (part of county match)
Staff time -- $1,856 (county match)
Volunteer time -- $325 (county match)
Measures of Success: Following observation of contaminates contained in loads of plas
facility, in addition to rising costs to process material, I det
would be necessary to do a cleaner job of recycling in the count
material is some of the cleanest coming into his facility, I was
which ultimately drives up costs and threatens our recycler's abls. During the
campaign, I will conduct waste audits to gauge the success of th
hits as a barometer of interest. Moving forward, I expect to fin
contamination and a reduction in residue hauled to the landfill.
Applications to be submitted on-line by April 30, 2019.
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COUNTY of FREDERICK
Jay E. Tibbs
DeputyCounty Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jtibbs@fcva.us
TO: Finance Committee
FROM: Jay E. Tibbs., Deputy County Administrator
DATE: October 1, 2019
RE: Supplemental Appropriation for Sunnyside Plaza
This is a request for a General Fund supplemental appropriation in the amount of $102,000. This
amount represents 10 months of costs associated with the maintenance and operation of Sunnyside
Plaza to include property management services, utilities, snow removal, and general maintenance
costs. The property is currently occupied by five tenants with a monthly rental income of $10,200.
The present/projected rental income from those tenants is sufficient to cover these costs therefore
no local dollars are being requested as part of this supplemental appropriation.
Should you have any questions, please do not hesitate to contact me.
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107 North Kent Str-5000
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BUDGET TRANSFERS SEPTEMBER 2019 Page 1
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
9/10/2019COMMONWEALTH'S ATTORNEYTO FUND DUES/MEMBERSHIPS22015401000000 (1,300.00)
COMMONWEALTH'S ATTORNEY22015801000000 1,300.00
9/11/2019INSPECTIONSB.A.9/11/19 DESIGN REVIEW SPECIALIST 34011001000058 41,250.00
INSPECTIONS34012001000000 3,156.11
INSPECTIONS 34012005000000 9,162.00
INSPECTIONS34012002000000 4,038.38
INSPECTIONS 34012006000000 540.38
INSPECTIONS 34012008000000 243.38
INSPECTIONS 34012011000000 1,278.75
TRANSFERS/CONTINGENCY 93015807000001 (59,669.00)
9/23/2019ANIMAL SHELTERREIMBURSE LINE ITEM43053001000001 (1,358.00)
ANIMAL SHELTER 43053001000000 1,358.00
9/24/2019SHERIFFCONNECT SPRINT DIRECT TO FSCO RADIO CHANNELS31023004000002 (6,549.00)
SHERIFF 31028003000000 6,549.00
9/24/2019COUNTY OFFICE BUILDINGS/COURTHOUSEVANDALISM TO MOBILE TRAILERS AT FREDERICK COUNTY MIDDLE SCHOOL43043004000010 (200.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045400000010 200.00
9/27/2019COUNTY OFFICE BUILDINGS/COURTHOUSEBOILER INSURANCE FOR SUNNYSIDE PLAZA43045302000000 (500.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045301000000 500.00
9/27/2019OTHER GENERAL LIABILITY INSURANCE CHARGES INCREASE12245307000000 (5,700.00)
OTHER 12245308000000 5,700.00
9/27/2019COUNTY OFFICE BUILDINGS/COURTHOUSEKEYS FOR BUILDINGS AT SUNNYSIDE PLAZA43045405000005 (4.50)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045400000052 4.50
9/27/2019COUNTY OFFICE BUILDINGS/COURTHOUSEPROPERTY/FIRE INSURANCE FOR SUNNYSIDE PLAZA43045302000000 (7,159.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045305000000 7,159.00
9/30/2019HUMAN RESOURCESCOVER ACA NEO/GOV SHORTAGE12033010000000 3,650.50
HUMAN RESOURCES93015807000001 (3,650.50)
9/30/2019COUNTY OFFICE BUILDINGS/COURTHOUSEELECTRIC BILLS AT SUNNYSIDE PLAZA43045302000000 (800.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045101000052 800.00
9/30/2019FIRE AND RESCUE Promotions 9/1935051007000001 (3,168.06)
FIRE AND RESCUE 35051001000112 3,168.06
FIRE AND RESCUE 35051007000001 (3,566.54)
FIRE AND RESCUE 35051001000111 3,566.54
FIRE AND RESCUE 35051007000001 (3,163.67)
FIRE AND RESCUE 35051001000113 3,163.67
FIRE AND RESCUE 35051007000001 (3,729.51)
FIRE AND RESCUE 35051001000108 3,729.51
FIRE AND RESCUE 35051007000001 (3,171.90)
FIRE AND RESCUE 35051001000118 3,171.90
FIRE AND RESCUE 35051007000001 (3,465.18)
FIRE AND RESCUE 35051001000040 3,465.18
FIRE AND RESCUE 35051007000001 (3,164.78)
FIRE AND RESCUE 35051001000115 3,164.78
FIRE AND RESCUE 35051007000001 (3,166.66)
FIRE AND RESCUE 35051001000116 3,166.66
10/1/2019REFUSE COLLECTIONFUND PROMOS FOR SPECIAL EVENTS42033004000000 (3,500.00)
REFUSE COLLECTION42035412000000 3,500.00
10/1/2019COUNTY OFFICE BUILDINGS/COURTHOUSEPROPERTY MANAGEMENT SERVICES AT SUNNYSIDE PLAZA43045302000000 (1,010.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43043010000052 1, 010.00
10/3/2019COUNTY OFFICE BUILDINGS/COURTHOUSEDIESEL FUEL FOR GENERATORS AT PUBLIC SERVICE BUILDING43045413000005 (500.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE43045408000005 500.00
10/3/2019MAINTENANCE ADMINISTRATIONVEHICLE INSURANCE43015305000000 398.60
COUNTY OFFICE BUILDINGA/COURTHOUSE43045302000000 (398.60)
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REPORT to the BOARD OF SUPERVISORS
Wednesday October 23, 2019
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: October 10, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on October 8, 2019. Members present were: Guss
Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald
Madagan, and Randy Carter, Mr. Robert Well (non-voting Board Liaison). Members absent
were: Chris Fordney.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.The Buildings and Grounds Committee made a motion to recommend the following
three names for the Clearbrook Park Replacement Ballfield Comple
Road, seconded by Mr. Longerbeam, carried unanimously (7-0): Stephenson Road
Park, Stonewall Park, Hot Run Park. (This item was voted on at the October 9, 2019
Board of Supervisors meeting)
2. The Building and Grounds Committee made a motion to adopt the at
Improvement Plan, seconded by Mr. Longerbeam, carried unanimousl-0).
ITEMS SUBMITTED FOR INFORMATION ONLY
None
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors Non-Voting Liaison
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Resolution No. _____
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$3,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
COUNTY OF FREDERICK, VIRGINIA, TO BE SOLD TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING
FOR THE FORM AND DETAILS THEREOF.
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 $3,200,000and to issue one or more general obligation school bonds (as more specifically
defined below, each a "Local School Bond") for the purpose of financing the acquisition of land,
design and construction of a new Robert E. Aylor Middle School, which constitutes a capital
project for public school purposes (collectively, the "Project");
WHEREAS
, the County held a public hearing, duly noticed, on October 23, 2019, on the
issuance of the Local School Bondsin accordance with the requirements of Section 15.2-2606, 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 Bondsand consented to the issuance of the Local School
Bonds;
WHEREAS
, the Virginia Public School Authority ("VPSA") has offered to purchase aLocal
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 springof 2020or a future bond sale (the "VPSA Bonds");
WHEREAS,
the Bond Sale Agreements(as defined below) shall indicate that $3,200,000is
the amount of proceeds requested by the County (the "Proceeds Requested") from VPSA(in the
aggregate)in connection with the sale of the Local School Bonds;
WHEREAS,
VPSA's objective is to pay the County a purchase price for the Local School
Bond which, in VPSA's judgment, reflects eachLocal School Bond's market value (the "VPSA
Purchase Price Objective"), taking into consideration such factors as the amortization schedule the
County has requested for the specific 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
Bondsand other market conditions relating to the sale of the VPSA Bonds; and
WHEREAS,
such factors may result in aLocal School Bond having a purchase price other
than par and consequently (i) the County may have to issue one or moreLocal School Bondsin a
principal amount that is greater than or less than the Proceeds Requested in order to receive an amount
of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized
principal amount of the Local School Bondsset forth in paragraph 1 below does not exceed the
aggregate Proceeds Requested by at least the amount of any discount, the purchase price to be paid to
the County, given the VPSA Purchase Price Objective and market conditions, will be less than the
Proceeds Requested.
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121252552.2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA
:
1.Authorization of Local School Bond and Use of Proceeds
. The Board hereby
determines that it is advisable to contract a debt and issue and sell its general obligation school
bonds, on more than one occasion, in an aggregate principal amount not to exceed $3,200,000
(each a"Local School Bond") for the purpose of financing the Project. The Board hereby
authorizes the issuance and sale of one or more Local School Bondsin the form and upon the
terms established pursuantto this Resolution.
2.Sale of the Local School Bond
.The sale of eachLocal 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 aggregate principal amount ofallLocal School Bonds issued under this Resolution
set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds
Requested, however, eachLocal 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 arehereby authorized and directed to enter into an agreement with VPSA providing for
the sale of eachLocal School Bond to VPSA (each a"Bond Sale Agreement"). The Bond Sale
Agreementsshall be in substantially the form required by VPSA, which form is hereby approved,
with such completions, insertions, omissions and changes not inconsistent with this Resolution as
may be approved by the County officer executing the Bond Sale Agreement.
3.Details of the Local School Bond
.EachLocal School Bond shall be dated 16days
prior to the date of its issuance and delivery or such other date designated by VPSA; shall be
designated "General Obligation School Bond, Series 20__"; shall bear interest from its dated date
payable semi-annuallyon each January 15 and July 15 (each an "Interest Payment Date"), at the rates
established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the
years (each a "Principal Payment Date") and in the amounts acceptable to a Delegate (the "Principal
Installments"), subject to the provisions of paragraph 4 of this Resolution.
4.Interest Rates and Principal Installments
.Each Delegate is hereby authorized and
directed to accept the interest rates on eachLocal School Bond established by VPSA, provided that
each interest rate shall be five one-hundredths of one percent (0.05%) over the interest rate to be paid
by VPSA for the corresponding principal 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 eachLocal School Bond does not exceed five and fifty one-hundredths percent (5.50%) per
annum. The Interest Payment Dates and the Principal Installments are subject to change at the
request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest
Payment Dates and the Principal Installments at the request of VPSA based on the final term to
maturity of the VPSA Bonds, requirements imposed onVPSA by the nationally-recognized rating
agencies and the final principal amount of suchLocal School Bond; provided, however, that the
principal amount of allLocal School Bondsshall not exceed the amount authorized by this
Resolution and the final maturity of eachLocal School Bond shall not exceed 31years after the date
of the issuance and delivery of suchLocal School Bond. The execution and delivery of eachLocal
School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and
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acceptance of all of the details of suchLocal School Bond by the Delegate as authorized by this
Resolution.
5.Form of the Local School Bond
.EachLocal School Bond shall be initially in the
form of a single, temporary typewritten bond substantiallyin the form attached hereto as ExhibitA.
6.Payment; Paying Agent and Bond Registrar
. The following provisions shall
apply to eachLocal School Bond:
(a)For as long as VPSA is the registered owner of eachLocal School Bond, all
payments of principal, premium,if any, and interest on aLocal School Bond shall be made in
immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment
Date, Principal Payment Date or date fixed for prepayment or redemption, or if suchdate is not a
business day for banks in the Commonwealth of Virginia (the "Commonwealth") or for the
Commonwealth, 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 the applicable interest rate or rates on suchLocal School Bond.
(c)U.S. Bank National Association, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Local School Bonds.The County may, in its sole discretion,
replace at any time the Bond Registrar with another qualified bank or trust company assuccessor
Bond Registrar and Paying Agent for anyLocal School Bond. The County shall give prompt notice
to VPSA of the appointment of any successor Bond Registrar and Paying Agent.
7.Prepayment or Redemption
.With respect to any Local School Bond sold to
VPSA in the spring of 2020, unless required by VPSA, the Principal Installments of the Local
School Bond held by VPSA coming due on or before July 15, 2030, and the definitive bond for
which the Local School Bond held by VPSA may be exchanged that mature on or before July 15,
2030, 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, 2031, and the
definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature
on or after July 15, 2031, 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 July15,2030, upon payment of
the prepayment or redemption prices (expressed as percentages of Principal Installments to be
prepaid or the principal amount of the Local School Bond to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
DatesPrices
July 15, 2030 through July 14, 2031101%
July 15, 2031through July 14, 2032100½
July 15, 2032and thereafter100
Provided,however, that the Principal Installments of the Local School Bond shall not be
subject to prepayment or redemption prior to their stated maturities as described above without
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first obtaining the written consent of VPSAor other registered owner of the Local School Bond.
Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or
other registered owner by registered mail not more than ninety (90) and not less than sixty (60)
days before the date fixed for prepayment or redemption.
If VPSA refunds the VPSA Bonds in the futureand such refunding causes the Local School
Bond 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.
With respect to any Local School Bond sold to VPSA in a subsequent sale, the Principal
Installments of such Local School Bond will be subject to similar prepayment or redemptions
provisions as may be set forth by VPSA at the time of such sale.
8.Execution of the Local School Bond
. The Chairman or Vice Chairman and the
Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver each
Local School Bond and to affix the seal of the County thereto.
9.Pledge of Full Faith and Credit
.For the prompt payment of the principal of,
premium, if any, and the interest on eachLocal School Bond as the same shall become due, the full
faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of
suchLocal School Bond shall be outstanding there shall be levied and collected in accordance with
law an annual advaloremtax 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 suchLocal 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 appropriatedfor such purpose.
10.Use of Proceeds Certificate and Tax Compliance 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 aLocal 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 onbehalf
of the County that (i) the proceeds from the issuance and sale of eachLocal School Bond will be
invested and expended as set forth in such Tax Compliance Agreement and that the County shall
comply with the other covenants and representations contained therein and (ii) the County shall
comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable
from gross income for federal income tax purposes.
11.State Non-Arbitrage Program; Proceeds Agreement
.The Board hereby
determines that it is in the best interests of the County to authorize and direct the County Treasurer
to participate in the State Non-Arbitrage Program in connection with eachLocal School Bond. The
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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 eachLocal 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 AppendixD
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 4of 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 a
Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass
on annual debt service savings to the local issuers, including the County. Each of the Delegates is
authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt
service schedule, IRS Form 8038-G or such other documents reasonably deemed necessary by VPSA
and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of aLocal School
Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk to the
Board is authorized to affix the County's seal on 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 Bond pursuant to the provisions
of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code.
16.Further Actions
. The members of the Board and all officers, employees and agents
of the County are hereby authorized to take such action as they or any one of them may consider
necessary or desirable in connection with the issuance and sale of the Local School Bond and
otherwise in furtherance of this Resolution and any such action previously taken is hereby ratified
and confirmed.
17.Effective Date
. This Resolution shall take effect immediately.
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* * *
The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia
(the "Board"), hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the Board held on October 23, 2019, and of the whole thereof so far as
applicable to the matters referred to in such extract. I hereby further certify that such meeting was
a regularly scheduled meeting and that, during the consideration of theforegoing resolution, a
quorum was present. Members present at the meeting were: ______________________. Members
absent from the meeting were: ________________. Members voting in favor of the foregoing
resolution were: ______________________. Members voting against the foregoing resolution
were: ____________________________. Members abstaining from voting on the foregoing
resolution were: ________________.
WITNESS MY HAND
and the seal of the Board of Supervisors of the County of Frederick,
Virginia, this ___ day of October, 2019.
Clerk, Board of Supervisors of the County of
Frederick, Virginia
[SEAL]
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EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1$___________
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK
General Obligation School Bond
Series 20___
Dated Date: __________ ,20___
[16 days prior to issuance]
Issue Date: __________, 20___
The COUNTY OF FREDERICK, VIRGINIA
(the "County"), for value received, hereby
VIRGINIA PUBLIC SCHOOL
acknowledges itself indebted and promises to pay to the
AUTHORITY
("VPSA") the principal amount of _____________ DOLLARS ($__________),
in annual installments in the amounts set forth on Schedule I attached hereto payable on July15,
20__ and annually on July15 thereafter to and including July15, 20__ (each a "Principal Payment
Date"), together with interest from the dated date of this Bond on the unpaid installments, payable
semi-annually on January15 and July15 of each year, commencing on January15, 20___ (each
an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the
rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as
hereinafter provided. Principal of and interest and premium, if any, on this Bond are payable in
lawful money of the United States of America.
For as long as VPSA is the registered owner of this Bond, U.S. Bank National Association,
as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of the principal of
and interest and premium, if any, on this Bond, without the presentation or surrender hereof, to VPSA,
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A-1
in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed
for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not
a business day for banks in the Commonwealth of Virginia (the "Commonwealth") or for the
Commonwealth, then the payment of the principal of and interest and premium, if any, on this Bond
shall be made in immediately available funds at or before 11:00 a.m. on the business day next
succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Uponreceipt
by the registered owner of this Bond of said payments of principal, premium, if any, and interest,
written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the
County shall be fully discharged of its obligation on this Bond to the extent of the payment so made.
Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of
Supervisors of the County (the "Board") authorizing the issuance of this Bond provides, and Section
15.2-2624, Code of Virginia 1950, as amended (the "Virginia Code"), requires, that there shall be
levied and collected an annual tax upon all taxable property in the County subject to local taxation
sufficient to provide for the payment of the principal of and interest and premium, if any, on this Bond
as the same shall become due which tax shall be without limitation as to rate or amount and shall be
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.
This Bondis duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of
the Virginia Code, and resolutions duly adopted by the Board and the SchoolBoard of the County to
provide funds for capital projects for school purposes.
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This Bond may be exchanged without cost, on twenty (20) days written notice from the
VPSA, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds
or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of
$5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal
installments or maturities and bearing interest at rates corresponding to the maturities of and the
interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the
name of the VPSA on the books of the County kept by the Bond Registrar, and the transfer of this
Bond may be affectedby the registered owner of this Bond only upon due execution of an assignment
by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond
Registrar shall exchange this Bond for definitive bonds as hereinabove provided, such definitive
bonds to be registered on such registration books in the name of the assignee or assignees named in
such assignment.
The principal installments of this Bond coming due on or before July 15, 20__and the
definitivebonds for which this Bond may be exchanged that mature on or before July 15, 20__, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments of
this Bond coming due on or after July 15, 20__, and the definitive bonds for which this Bond may be
exchanged that mature on or after July 15, 20__, 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, 20__,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid or the principal amount of this Bond to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
DatesPrices
July 15, 20__through July 14, 20__101%
July 15, 20__through July 14, 20__100½
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July 15, 20__and thereafter100
Provided,however, that the principal installments of this Bond shall not be subject to
prepayment or redemption prior to their stated maturities as described above without the prior
written consent of VPSA or other registered owner of this Bond. Notice of any such prepayment
or redemption shall be given by the Bond Registrar to VPSA or other registered owner by
registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for
prepayment or redemption.
If VPSA refunds its bonds issued inpart to purchase this Bond in the future and such
refunding causes this Bond to be deemed refunded, the prepayment or redemption of this 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 this
Bond.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist
and have been performed in due time, form and manner as so required, and this Bond, together with
all other indebtedness of the County, is within every debt and other limit prescribed by the
Constitution and laws of the Commonwealth.
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IN WITNESS WHEREOF
, the Board of Supervisors of the County of Frederick has
caused this Bond to be issued in the name of the County of Frederick, Virginia, to be signed by its
Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk
or any of its Deputy Clerks, and this Bond to be dated __________ [16 days prior to the closing
date], 20__.
COUNTY OF FREDERICK,
VIRGINIA
(SEAL)
ATTEST:
__________________________________________________________________________
Clerk, Board of Supervisors of theChairman, Board of Supervisors of the
County of Frederick, VirginiaCounty of Frederick, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
_______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE: ____________________________
the within Bond and irrevocably constitutes and appoints
__________________________________________________ attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: The signature above must
correspond with the name of the Registered
(NOTICE: Signature(s) must be guaranteed by Owner as it appears on the front of this Bond
an "eligible guarantor institution" meeting the in every particular, without alteration or
requirementsof the Bond Registrar which change.)
requirements will include Membership or
participation in STAMP or such other
"signature guarantee program" as may be
determined by the Bond Registrar in addition
to, or in substitution for, STAMP, all in
accordance with the Securities Exchange Act
of 1934, as amended.)
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