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October 23 2024 Regular Meeting Minutes 115 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 23, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; Sharon Kibler, Assistant Finance Director; Austin Cano, Assistant County Attorney; Tonya Sibert, Commissioner of the Revenue; Clay Corbin, NRADC Superintendent; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Pastor Brad Hill, Winchester Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda. The motion was seconded by Supervisor Lockridge and carried on a voice vote. Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 116 CITIZEN COMMENTS- None ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda.Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Closed Session and Regular Meeting Minutes of October 9, 2024—CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of Oct. 8, 2024—CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Finance Committee Report of October 16, 2024 —CONSENT AGENDA APPROVAL,Appendix 2 - Resolution for Changes in the Secondary System of State Highways: Alexander Acres, Phase 2 - CONSENT AGENDA APPROVAL RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3, fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Acceptance Requirements of the Virginia Department of Transportation;and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Acceptance Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of October 23,2024 County of Frederick, Virginia 117 BOARD OF SUPERVISORS COMMENTS Supervisor Jewell recognized the recent Northwestern Community Services Board 50th anniversary celebration. COUNTY OFFICIALS - None + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JAY FOREMAN REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD - APPROVED Supervisor Liero moved for the reappointment of Jay Foreman to the Handley Regional Library Board for a four-year term expiring November 30, 2028. Supervisor Dunn seconded the motion. Chairman Ludwig said he would not support the motion because of Mr. Foreman's being a member of the School Board when Deep Equity was brought into the school system. Supervisor Lockridge agreed with the Chairman. The motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE THE NRADC SUPERINTENDENT REQUESTS A JAIL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $50,000 PENDING GRANT AWARD. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Wells, the Board approved the following: The NRADC Superintendent requests a Jail Fund supplemental appropriation in the amount of $50,000 pending grant award. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 118 THE COMMUNITY CORRECTIONS CHIEF REQUESTS A JAIL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $164,055. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Community Corrections Chief requests a Jail Fund supplemental appropriation in the amount of$164,055. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,988. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $7,988. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $750. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$750.The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye VJCCCA REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $5,586. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 119 following:VJCCCA requests a General Fund supplemental appropriation in the amount of$5,586.The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS A GENERAL FUND AND A SCHOOL OPERATING FUND SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNT OF $172,878.70. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the Board approved the following: The FCPS Executive Director of Finance requests a General Fund and a School Operating Fund supplemental appropriations in the amount of$172,878.70.The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS A GENERAL FUND AND A SCHOOL CAPITAL PROJECTS FUND SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNT OF $1,615,212. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the Board approved the following: The FCPS Executive Director of Finance requests a General Fund and a School Capital Projects Fund supplemental appropriations in the amount of $1,615,212. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 120 PUBLIC HEARINGS (Non Planning Issues) AMENDMENT TO THE 2024-2025 FISCAL YEAR BUDGET—APPROVED County Administrator Michael Bollhoefer and Superintendent George Hummer reviewed the request from FCPS as follows: 1. A Supplemental Appropriation to the School Construction Fund for$151,600,000.00 for a Fourth High School. 2. A Supplemental Appropriation to the School Construction Fund for$22,400,000.00 for Middletown Elementary School Expansion. 3. A Supplemental Appropriation to the School Construction Fund for$13,600,000.00 for Jordan Springs Elementary School Expansion, Including a General Fund Supplemental Appropriation in the Amount of$7,463,418.70 for School Proffers. The Board, Mr. Bollhoefer, and Dr. Hummer discussed the proposed plan for a core high school building that would be expandable and the agreement that FCPS will work with the County's chosen architecture and engineering consultants on the fourth high school construction project. Chairman Ludwig opened the public hearing. The following spoke in opposition to the request for funding capital projects, specifically the fourth high school: Jay Marts, Gainesboro District Dody Stottlemyer, Shawnee District Robert Gallalee, Back Creek District Vic Canfield, Stonewall District Tammy Canfield, Stonewall District Joseph Brand, Stonewall District Rani Ludwig, Shawnee District James Moulder, Back Creek District The following spoke asking for an independent audit of the schools before the capital projects are funded: Tim Regan, Back Creek District Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 121 The following spoke in favor of the request for funding capital projects, specifically the fourth high school: Pam Kennedy Joy Kirk Amber Frye Miles Adkins Daryl Bell D'Ann Kenney Justin Mistretta Renee Bayliss Charisse Woodward Alexa Venturato Rachel Carlson Bryan Nuri Jennifer Hall Jodi Yeggy Jennifer Gaylor Matt Ytzen Stephen Baker Sonia Marfatia-Goode Kerry Carmichael Nicole Marko Nigel Foster Lavonne Farr Joy Dunn Leslie Spencer Pat Templeton Chairman Ludwig closed the public hearing. Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 122 Supervisor Jewell moved for adoption of the budget amendment resolution as presented covering supplemental School Construction Fund appropriations for a fourth high school, expansion at Middle Elementary, and expansion at Jordan Springs Elementary, including a General fund supplemental appropriation for school proffers. Supervisor Wells seconded the motion. Supervisor Dunn moved to amend the motion to change the appropriation to reflect the use of$30 million from the capital fund to reduce the cost of borrowing to fund the projects. Supervisor Wells seconded the motion. The Board discussed the amendment. Supervisor Lockridge moved to amend the motion to fund only the architecture and engineering phase of the fourth high school with additional appropriations being addressed later. Chairman Ludwig seconded the motion to amend. The Board discussed the amendment. Supervisor Lockridge's motion to amend the main motion regarding funding only the architecture and engineering phase of the fourth high school project failed on a recorded vote as follows: Blaine P. Dunn No Robert T. Liero No John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Dunn's motion to amend the main motion regarding using existing capital funds failed on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell No Robert W. Wells No Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No Chairman Ludwig said he preferred the high school project be approved in phases. He made a presentation titled Discussion of Current County Public School Issues. Supervisor Jewell's main motion to adopt the budget amendment resolution as presented carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 123 RESOLUTION FISCAL YEAR 2024-2025 BUDGET AMENDMENT WHEREAS,Pursuant to Section 15.2-2507 of the Code of Virginia, 1950,as Amended,the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 23, 2024, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2024-2025 Budget be Amended to Reflect: 1. A Supplemental Appropriation to the School Construction Fund for$151,600,000.00 for a Fourth High School. 2. A Supplemental Appropriation to the School Construction Fund for$22,400,000.00 for Middletown Elementary School Expansion. 3. A Supplemental Appropriation to the School Construction Fund for$13,600,000.00 for Jordan Springs Elementary School Expansion,Including a General Fund Supplemental Appropriation in the Amount of $7,463,418.70 for School Proffers. + + + + + + + + + + + + + + PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA-APPROVED County Administrator Bollhoefer noted that issuing bonds to fund the requested school capital projects required a public hearing. Chairman Ludwig opened the public hearing. Joseph Brand, Stonewall District, said he wished the Board knew the cost of the fourth high school before borrowing to pay for it. Vic Canfield, Stonewall District, said he was disappointed in the vote to fund the schools' capital projects. Joy Kirk, Back Creek District, asked the Board to vote to borrow the funds for the school projects. Chairman Ludwig closed the public hearing. Supervisor Jewell moved for adoption of the resolution as presented authorizing the issuance of general obligation school bonds. Supervisor Wells seconded the motion. Minute Book 50 Board of Supervisors Regular Meeting of October 23,2024 County of Frederick, Virginia 124 Chairman Ludwig moved to amend the motion to delay a decision until December 11 when the Commissioner of the Revenue will present updated financial information following the recent reassessment. Supervisor Lockridge seconded the motion which failed on a recorded vote as follows: Blaine P. Dunn No Robert T. Liero No John F. Jewell No Robert W.Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Jewell's main motion for adoption of the resolution as presented authorizing the issuance of general obligation school bonds carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye RESOLUTION AUTHORING THE ISSUANCE OF NOT TO EXCEED $180,136,581.30 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$180,136,581.30 and to issue one or more general obligation school bonds (as more specifically defined below, each a "Local School Bond") for the purpose of financing certain capital projects for public school purposes, including the Fourth High School, Jordan Springs and Middletown Elementary Schools expansions(the "Projects"); WHEREAS,the County held a public hearing,duly noticed,on October 23,2024,on the issuance of the Local School Bonds in 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 Bonds and consented to the issuance of the Local School Bonds; WHEREAS,Virginia Public School Authority("VPSA")has offered to purchase a Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the spring of 2025 or future bond sales(the"VPSA Bonds"); WHEREAS, the Bond Sale Agreements (as defined below) shall indicate that $180,136,581.30 is the amount of proceeds requested(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 Bonds which, in VPSA's judgment, reflects each Local School Bond's market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the 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 Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS,such factors may result in a Local School Bond having a purchase price other than par and consequently (i) the County may have to issue one or more Local School Bonds in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or(ii)if the maximum authorized principal amount of the Local School Bonds set forth in section 1 below does not exceed the aggregate Proceeds Requested by at least the amount of any discount, the purchase price to be Minute Book 50 Board of Supervisors Regular Meeting of October 23,2024 County of Frederick, Virginia 125 paid to the County,given the VPSA Purchase Price Objective and market conditions,will be less than the Proceeds Requested. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA: 1.Authorization of Local School Bond and Use of Proceeds.The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds,on one or more occasions in an aggregate principal amount not to exceed$180,136,581.30(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 Bonds in the form and upon the terms established pursuant to this Resolution. 2.Sale of the Local School Bond The sale of each Local School Bond,within the parameters set forth in paragraph 4 of this Resolution,to VPSA is authorized.Given the VPSA Purchase Price Objective and market conditions,the County acknowledges that the limitation on the maximum aggregate principal amount of all Local School Bonds issued under this Resolution set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested,however,each Local School Bond may be sold for a purchase price not lower than 95%of the Proceeds Requested.The Chairman of the Board,the County Administrator,or either of them(each a"Delegate") and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of each Local School Bond to VPSA(each a"Bond Sale Agreement").The Bond Sale Agreements shall be in substantially the form required by VPSA,as it may be approved by the County officer executing the Bond Sale Agreement. 3.Details of the Local School Bond.Each Local School Bond shall be dated a date designated by VPSA; shall be designated"General Obligation School Bond,Series 20_'; (or such other designation as the County Administrator may approve)shall bear interest from its dated date payable semi-annually on each January 15 and July 15, beginning on such date as acceptable to a Delegate(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.The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4.Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on each Local School Bond established by VPSA,provided that each interest rate shall be five one-hundredths of one percent(0.05%)over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds,a portion of the proceeds of which will be used to purchase the Local School Bonds,and provided further that the true interest cost of each Local School Bond does not exceed five and fifty one-hundredths percent (5.50°/x)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 on VPSA by the nationally-recognized rating agencies and the final principal amount of such Local School Bond;provided,however,that the principal amount of all Local School Bonds shall not exceed the amount authorized by this Resolution and the final maturity of each Local School Bond shall not exceed 31 years from the date of the issuance and delivery of such Local School Bond.The execution and delivery of each Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of an of the details of such Local School Bond by the Delegate as authorized by this Resolution. 5.Form of the Local School Bond.Each Local School Bond shall be initially in the form of a single,temporary typewritten bond substantially in the form required by VPSA. 6.Payment;Paying Agent and Bond Registrar. The following provisions shall apply to each Local School Bond: (a)For as long as VPSA is the registered owner of a Local School Bond,all payments of principal,premium,if any, and interest on such Local School Bond shall be made in immediately available funds to VPSA at or before 11:00 a.m.on the applicable Interest Payment Date,Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia,then at or before 11:00 a.m.on the business day next succeeding such Interest Payment Date,Principal Payment Date or date fixed for prepayment or redemption. (b)All overdue payments of principal and,to the extent permitted by law,interest shall bear interest at the applicable interest rate or rates on such Local School Bond. (c)The County Administrator is hereby authorized and directed to engage a financial institution to serve as Bond Registrar in accordance with VPSA's requirements.The County may,in its sole discretion,replace at any time the Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 126 Bond Registrar with another qualified bank or trust company as successor Bond Registrar and Paying Agent for any Local 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 2025 sale,the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15,2035,and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2035,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 15,2036,and the definitive bond(s)for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15,2036,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 15,2035,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: Prices July 15,2035 through July 14,2036 101% July 15,2036 through July 14,2037 1001/2 July 15,2037 and thereafter 100 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 first obtaining the written consent of VPSA or other registered owner of the Local.School Bond.Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety(90)and not less than sixty(60)days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and 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 each Local School Bond as the same shall become due,the full faith and credit of the County are hereby irrevocably pledged,and in each year while any portion of such Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium,if any,and the interest on such Local School Bond as such principal,premium,if any,and interest shall become due,which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. I O.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 a Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986,as amended(the"Code"),and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds.The Board covenants on behalf of the County that(i)the proceeds from the issuance and sale of each Local 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. Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 127 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 each Local School Bond.The Chairman of the Board,the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of each Local School Bond by and among the County,the other participants in the sale of the VPSA Bonds,VPSA,the investment manager and the depository, substantially in the form submitted to the Board at this meeting,which form is hereby approved. 12.Continuing Disclosure Agreement The Chairman of the Board,the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement,as set forth in Appendix D to the Bond Sale Agreement,setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12,under the Securities Exchange Act of 1934,as amended,and directed to make all filings required by Section 4 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP(as defined in the Bond Sale Agreement). 13.Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA,including the VPSA Bonds issued to purchase 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 a Local School Bond and the allocation of the annual debt service savings to the County by VPSA.The Clerk to the Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same. 14.Reimbursement Declaration.The Resolution represents a declaration of"official intent'under Treas.Regs. § 1.150-2.Before the issuance or incurrence of the Local School Bond,the County expects to pay some or all of the costs of the Projects from its available funds.On the date each payment is made,it will be a capital expenditure(or would be with a proper election)under general federal income tax principles or will otherwise comply with the requirements of Treas.Regs. §1.150-2(d)(3).The County reasonable expects to reimburse the payments of Projects expenses made before the issuance of the Bonds to finance the Projects from the proceeds of the Local School Bond and the adoption of this Resolution is consistent with the budgetary and financial circumstances of the County. 15.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. 16.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. 17.Effective Date.This Resolution shall take effect immediately. 18.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. + + + + + + + + + + + + + + Supervisor Jewell moved for adoption of the Resolution Declaring the Official Intent of Frederick County to Reimburse Itself for Certain Capital Expenditures Related to the Construction of Certain Projects With Proceeds of Debt carried on a recorded vote as follows: Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 128 Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye A RESOLUTION DECLARING THE OFFICIAL INTENT OF FREDERICK COUNTY TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES RELATED TO THE CONSTRUCTION OF CERTAIN PROJECTS WITH PROCEEDS OF DEBT A. The Board of Supervisors of Frederick County,Virginia recently approved the following two public school projects:Middletown Elementary School Expansion and the Fourth High School(the"Approved School Projects"). B.Frederick County,Virginia(the"County")intends(i)to undertake the Approved School Projects,(ii)to pay costs of the Approved School Projects from available funds of the County before the issuance or incurrence of bonds or other obligations or debt(the"Bonds")to finance the Approved School Projects,and(iii)to reimburse itself for such original expenditures(the"Expenditures")from the proceeds of the Bonds. C.Bond counsel has advised the County that Treas.Regs. § 1.150-2 requires the County to adopt a resolution in the form set forth below to preserve the County's ability to use portions of the proceeds of the County's upcoming issues of Bonds to reimburse itself for the Expenditures. After careful consideration and to further the public purposes for which the County was created, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA THAT: 1.The County intends to finance the Approved School Projects through the issuance of one or more series of Bonds. The principal amount of the Bonds attributable to the Approved School Projects is not expected to exceed $174,000,000. 2.This Resolution represents a declaration of"official intent"under Treas.Regs. §1.150-2. 3.Before the issuance or incurrence of the Bonds,the County expects to pay some or all of the costs of the Approved School Projects from its available funds. 4.On the date each Expenditure is paid,it will be a capital expenditure(or would be with a proper election)under general federal income tax principles or will otherwise comply with the requirements of Treas.Regs. § 1.150- 2(d)(3). 5.The County reasonably expects to reimburse the Expenditures made before the issuance of the Bonds to finance the Approved School Projects from the proceeds of the Bonds and the adoption of this Resolution is consistent with the budgetary and financial circumstances of the County. 6.This Resolution shall be in effect from and after its adoption. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 129 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Lockridge provided an update from the Public Safety Committee. CITIZEN COMMENTS Tammy Canfield, Stonewall District, said she was disappointed in the vote on school funding. Tim Regan, Back Creek District, discussed disrespectful conduct at the Board meeting. Stephen Baker, Red Bud District, said voting to fund the fourth high school was not rushing the project as it has been needed for many years. James Moulder, Back Creek District, discussed disrespectful conduct at the Board meeting. Miles Adkins, Shawnee District, acknowledged there had been mistakes made in the past but said the School Board will be fiscally responsible while building the fourth high school. Joseph Brand, Stonewall District, encouraged the Board to veto wrong decisions if they are found during the architecture and engineering phase of the high school project. Alexa Venturato, Opequon District, thanked the Board for funding the school projects. BOARD OF SUPERVISORS COMMENTS Supervisor Liero discussed the previous occasions when the Board considered building the high school. He said the cost is now much higher than if the Board had built it when it was first proposed. Supervisor Lockridge said while she understands that school overcrowding is an issue she would have preferred the high school project to be approved in phases. Supervisor Dunn said attendees should behave respectfully at meetings. He added that while the Chairman should be allowed to speak without interruption, his specific comments would be a better topic during the budget cycle. Chairman Ludwig noted citizen comments earlier referencing having developers pay for growth. He said state law restricts what fees the County can charge developers. He said that approving the funding for the requested capital projects means the Board has lost control over those projects. Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 130 ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Liero, the meeting was adjourned at 10:26 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 131 Board of Supervisors Meeting Minutes of October 23, 2024 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, October 8,2024 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on Tuesday, October 8, 2024. Members present were Gary Longerbeam, Ron Madagan, Randy Carter, Dennis Grubbs, Vaughn Whitacre, Mollie Brannon, Michael Stottlemyer, and non-voting Board Liaison, Mr. Robert Liero, Members absent: Jenny Myers ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Carter made a motion to accept the Bulk Rental Discount Policy(500.04)to define the allocation of indoor and outdoor facilities for rental, seconded by Mr. Longerbeam, carried unanimously(7-0). Cc: Dennis Grubbs, Chairman Robert Liero, Liaison, Frederick County Board of Supervisors Minute Book 50 Board of Supervisors Regular Meeting of October 23,2024 County of Frederick, Virginia 132 Board of Supervisors Meeting Minutes of October 23, 2024 - Appendix 2 REPORT & RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, OCTOBER 16, 2024 8:00 AM FIRST FLOOR CONFERENCE ROOM 107 NORTH KENT STREET WINCHESTER, VA 22601 ATTENDEES Committee Members Present: Judith McCann-Slaughter, Chairman; Josh Ludwig; Heather Lockridge; Mike Stottlemyer; Delane Karalow; and Brandon Monk. Non-voting liaison Tonya Sibert, Commissioner of the Revenue. Committee Members Absent: Non-voting liaison William Orndoff, Treasurer. Staff Present: Sharon Kibler, Assistant Finance Director; Michael Bollhoefer, County Administrator; Steve Hawkins, Sheriff Major; Clay Corbin, NRADC Superintendent; Missi Neal, Purchasing Manager; and Kimberly Chmura, Community Corrections Chief. Others Present: Patty Camry, FCPS Executive Director of Finance; Dr. George Hummer, FCPS Superintendent; Brian Davis, FCPS Director of Facilities; and Josh Phelps. A. Action Items A.1. The NRADC Superintendent requests a Jail Fund supplemental appropriation in the amount of$50,000 pending grant award. This amount represents grant funds from DCJS for the Medicated Assisted Treatment (MAT) program. The committee recommends approval. NRADC Opioid Grant.pdf A.2. The Community Corrections Chief requests a Jail Fund supplemental appropriation in the amount of$164,055. This amount represents additional grant funds from DCJS for a new Deputy Chief position, a part-time probation officer, and other operating expenses. Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 1 This requests has been approved by the Jail Authority. 133 The committee recommends approval. Probation DCJS grant supplement.pdf A.3. The Sheriff requests a General Fund supplemental appropriation in the amount of$7,988. This amount represents an auto claim and will go towards the purchase of a new vehicle. No local funds required. The committee recommends approval. Sheriff Auto Claim.pdf A.4. The Sheriff requests a General Fund supplemental appropriation in the amount of$750. This amount represents donations for the honor guard and the building at the impound lot. No local funds required. The committee recommends approval. Sheriff Donations.pdf A.5. VJCCCA requests a General Fund supplemental appropriation in the amount of$5,586. This amount represents funds that were not spent in FY2024 to be returned to the State. The committee recommends approval. The committee also requested additional information on the VJCCCA budget and the amount of the County contribution which has been attached. VJCCCA Funds.pdf VJCCCA Detail.pdf A.6. The FCPS Executive Director of Finance requests a General Fund and a School Operating Fund supplemental appropriations in the amount of $172,878.70. This amount represents a carry forward of unspent restricted grant funds received during FY2024 that are designated for specific purposes. The committee recommends approval. FCPS CF.pdf Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 2 134 A.7. The FCPS Executive Director of Finance requests a General Fund and a School Capital Projects Fund supplemental appropriations in the amount of$1,615,212. This amount represents a carry forward of unspent, unobligated surplus from the FY2024 School Operating Fund. Local funds are required. The committee recommends approval. FCPS CF.pdf B. Items Not Requiring Action B.1. As requested by the committee, the requestor of the C-PACE program, Josh Phelps, was present for discussion. The committee requested that the County Administrator provide examples of C-PACE participants in Virginia and to continue discussions at a future meeting. CPACE_2024.pdf VA C-PACE Program_localities_2024.pdf B.2. The FCPS Executive Director of Finance and Director of Facilities provided an overview of the School Capital Projects, Debt Service, and Operating Funds. FCPS Presentation.pdf FCPS Project Progress.pdf C. Items For Information Only C.1. The FCPS provides Year-End Financial Reports for FY 2024. FCPS FY2024 Financial Statements.pdf C.2. The FCPS Executive Director of Finance provides the FY2024 year-end open purchase order report. FCPS YrEnd Open POs.pdf C.3. The Finance Director provides the county FY2024 year-end open purchase order report. FredCo YrEnd Open POs.pdf CA. The Finance Director provides General Fund transfer reports for August and September 2024. AUG 2024 Txfs.pdf Minute Book 50 Board of Supervisors Regular Meeting of October 23,2024 County of Frederick, Virginia 3 SEPT 2024 Txfs.pdf 135 C.S. The Finance Director provides monthly financial statements for August and September 2024. AUG 2024 Fin Stmts.pdf SEPT 2024 Fin Stmts.pdf C.6. The Finance Director provides the General Fund Unreserved Fund Balance Report ending September 30, 2024. SEPT 2024 Fund Balance.pdf Minute Book 50 Board of Supervisors Regular Meeting of October 23, 2024 County of Frederick, Virginia 4