At a Regular Meeting of the Board of Supervisors of the County of Warren Held in the Warren County Government Center on February 7, 2012 at 9:00 A.M

At a regular meeting of the Board of Supervisors of the County of Warren held in the Warren County Government Center on February 7, 2012 at 9:00 a.m.

Present: Archie A. Fox, Chairman (Fork District); Linda P. Glavis, Vice-Chairman (South River District); Tony F. Carter, (Happy Creek District); Daniel J. Murray, Jr. (North River District); Richard H. Traczyk, (Shenandoah District); also Douglas P. Stanley, County Administrator; Blair D. Mitchell, County Attorney; Robert B. Childress, Deputy County Administrator; Carolyn W. Stimmel, Finance Director; Taryn G. Logan, Planning Director; Dan N. Whitten, Assistant County Attorney; Matt Wendling, Planner; Janice C. Standridge, Deputy Clerk of the Board; Kim Walter, Northern Virginia Daily; Roger Bianchini, Warren County Report and Angelle Barbazon, Warren Sentinel

Absent: None

Adoption of Agenda - Additions or Deletions

Mr. Stanley asked that the Board add to the agenda “Special Recognition.”

Mr. Mitchell asked that item L-4 “Resolution Supporting House Bill 111” be deleted as that legislation had been deferred until next year.

On a motion by Mr. Traczyk, seconded by Mrs. Glavis, and by the following vote, the Board of Supervisors adopted the agenda as amended:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Special Recognition – Archie Fox/Doug Stanley

Mr. Stanley commented that the sponsorship program for Warren County’s 175th Anniversary enabled the Anniversary Planning Committee to fund the entire program without the use of taxpayers’ dollars. He thanked all the sponsors, particularly Warren Memorial Hospital as a Shenandoah River level sponsor and presented Patrick Nolan, CEO of Warren Memorial with a Kunstler print entitled, “On to the Shenandoah.”

Report - Virginia Department of Transportation – Ed Carter/ Clifford Balderson

Mr. Ed Carter, Residency Program Manager for the Virginia Department of Transportation (VDOT), reported the following:

Maintenance Completed in January

 Pipe replacement along Routes 613 and 630.  Grading operations on Routes 610, 613, 616, 622, 628, and 635.  Shoulder repair on Route 628.  Brush cutting and tree trimming along Routes 619, 55 West, 55 East, and 340.  Mowing operations.  Responded to minor snow and ice events.  Began litter pickup with contractors as requested by the Board.  Repaired gates on Route 624 at the low-water bridge that had been vandalized. Plans included the replacement of the wooden posts and gates with steel pipes and bars as soon as possible.

Work Planned for February

 Continue grading operations on non-hard surfaced roads.  Pipe replacement on Routes 601 and 613.  Litter pickup along various routes.  Brush cutting along various routes.

Projects

 Route 655 (Country Club Road) - Striping will be completed as soon as weather permitted.  Route 681 (Luray Avenue) – Will be advertised February 28, 2012.  Route 55 Turning Lanes – VDOT was securing the easements for utility relocation and had contacted PVD Acquisitions, Inc. regarding the right-of-way needed at Panorama Memorial Cemetery.  Route 340/522 Signal at McDonald’s/Hampton Inn Entrance – Currently in preliminary engineering stage. They would be addressing issues with spacing requirements at the interchange at a meeting February 9, 2012 with FHWA.  Eastham Trail Phase 2 – 30% plans were being reviewed.  Routes 340 and 675 (Success Road) Turning Lane – Currently in

preliminary engineering stage.  Route 603 (Oregon Hollow Road) – Preliminary staking for design work underway.  Route 624 Morgan Ford Bridge – Status unchanged.  Route 613 Bridge – Status unchanged.  Route 340/522 South Fork Bridge – Status unchanged.

Mr. Tony Carter asked that Oregon Hollow Road be added to the list of roads for litter pickup if it was not already included. He stressed the importance of efforts to prevent littering.

Mr. Ed Carter noted that Mr. Tony Carter had inquired about the shoulder under the trestle on Route 55 East, and VDOT would be addressing that on an intermediate basis now and on a more permanent basis later.

Mr. Fox asked if VDOT could do a traffic count on the northern end of Panhandle Road where the road was still gravel to address a future upgrade.

In response to an inquiry from Mr. Tony Carter, Mr. Balderson said the minimum cost of a speed study was approximately $5,000, the Rockland Area Speed Study cost about $15,000, and the funds came from traffic engineering. Mr. Carter added that the traffic engineering funds was a cost center amount set up for each county.

Mr. Balderson reported that the Rockland Area Speed Study involved Routes 624, 661, and 658. The Study did not warrant a speed limit reduction for Routes 624 and 661. The Study did warrant a reduction on Rockland Road from its intersection with Route 661 and Route 624 from 45 mph to 35 mph. He explained that speed studies could be arbitrary by nature because some people did not drive the speed limit, they drove at the speed they felt comfortable. He pointed out that the speed limit posted would not make a difference to the speed motorists traveled unless it was enforceable.

Ms. Mary Ryan asked if it would be possible to obtain speed limit analyses from other areas including Clarke County with lower speed limits with similar conditions as the Rockland area and Mr. Ed Carter said he would be happy to provide those to Ms. Ryan.

Report – Economic Development Authority – Jennifer McDonald

Ms. Jennifer McDonald, Executive Director of the Economic Development Authority (EDA), reported that the EDA had closed on the last property for the Leach Run Parkway. Until the final engineering report was completed, they would probably not acquire any more property.

The EDA Board was working with the Environmental Protection Agency (EPA) on the revised covenants for the Avtex site. The EPA would not require a fence between the local connector road and the remainder of the site, which will result in a savings of more than $100,000 to the Town of Front Royal.

The EDA Board was working with three distribution companies, one manufactory company, one technology company, and one retail company. The distribution companies were considering the Kelley Industrial Park, the Stephens Industrial Park, and the Happy Creek Industrial Park. The retail company was considering Main Street.

Report – Civil War Sesquicentennial Committee – Patrick Farris/Suzanne Silek

On behalf of the Civil War Sesquicentennial Committee, Mr. Wendling reported the following:

 The Committee will host a lecture April 13 and 14 at the Holiday Inn entitled, “Brother against Brother, the Legacy of the Battle of Front Royal.” General Jack Marsh and Dan Toomey author of “Hero at Front Royal: The Life of General John R. Kenly” will be present. A commemorative tree planting event will also be scheduled at Fairview on April 14.  In May the Committee will host enhanced tours of the Front Royal battlefield on May 23 and 25 with living history impressionists.  The Mort Kunstler print, “On Chester Street,” will be unveiled and made available for public sale in May.  The Committee will be looking at all grant opportunities. The Committee was hopeful that funds would be raised for a Civil War Trails marker for the Battle of Wapping Heights in the Linden area and an updated brochure for the driving tour of Civil War sites in Warren County.

 A Sesquicentennial Conference will be held on March 3, 2012 from 9:00 a.m. to 4:30 p.m. at Shenandoah University on perspectives on Stonewall Jackson’s Valley Campaign with a number of speakers. There would be a $20.00 fee.  Anyone interested in the above events may obtain information from the Front Royal Tourism Center or at www.shenandoahatwar.org.

Report - Warren County Department of Social Services – Beth Reavis

Ms. Beth Reavis, Director of the Warren County Department of Social Services, reported the following:

 The number of caseloads had increased slightly, which resulted in increased workload.  Three positions had been filled.  Workers were on night call, which was a deterrent in filling positions. Some larger localities had divisions devoted to night calls.  DSS was restructuring its services division by creating a senior management position to integrate child protective cases and foster care as well as looking for alternatives for long- term solutions and preventing foster care.

In response to an inquiry from Mr. Fox, Ms. Reavis stated that there were still two vacancies in management, which had been advertised. She thought the department might be able to promote within to fill these positions, which would then open the two lower positions. Employees left DSS for various reasons including increased pay, shorter commutes, reduced caseloads, etc.

Public Presentations – Public Presentations are limited to issues that are not the subject of a public hearing. It is intended as an opportunity for the public to give input on relevant issues and not intended as a question and answer period.

Ms. Melissa Chappell-White, 140 Dogwood Farm Road, noted that the new management of the Shenandoah Farms Sanitary District started very well. She said this slowed down over the past year and came to grinding halt this past fall. She said no one had seen the Sanitary District Manager since the last snow

and ice storm in October. She submitted a letter requesting an investigation of the Shenandoah Farms Sanitary District management and a report on the following:

1. Detailed itemization, records, and documentary support for all expenditures to date. 2. Detailed itemization, records, and documentary support for all activities performed by the Shenandoah Farms Sanitary District Manager since his hiring. 3. Detailed itemization, records, and documentary support for all road study activities.

She noted that the Property Owners of Shenandoah Farms were promised full accountability for their tax dollars, a full-time manager, and a road study; but they had received none of these. She asked for a report on these items in about a month.

Mr. Fox asked if staff could address these issues.

Mr. Stanley explained that the reality was that a lot of work had to occur before actual construction projects could commence. He said Mr. Fisher, Shenandoah Farms Sanitary District Manager, actually participated in the review of at least one half of the roads included in the study and had been reviewing the study for a number of months. He pointed out that a lot of this work took place after regular hours and in the office. He said staff could provide a report, but there had been a number of meetings with surveyors and engineers regarding the four proposed rural addition/revenue sharing projects. He hoped to have a report for the next Board meeting.

Reports - Board Members, County Administrator, County Attorney

Mr. Traczyk reported the following:

 The gates at the Morgan Ford Bridge had been replaced.  The new intersection at Rockland and Reliance Road was now opened and the traffic light was operational.  He received complaints that there were too many traffic lights on Route 340/522 North, which slowed the commute to and from Winchester. He understood this was a deterrent to tractor trailer drivers.

Mr. Fox reported that he had toured the Public Safety Building with Mr. Stanley, Mr. Childress, and Mr. Hayes; and it was progressing well. He noted that a large portion of the

Public Safety Building would be occupied by the Fire and Rescue Services Department. He hoped that there would be an open house so the public could tour the facility.

Mrs. Glavis reported the following:

 She attended the January 19 Town/County Liaison Committee meeting during which they discussed issues a local septic hauler was having at the Town’s wastewater treatment plant and were updated on video equipment for the Board room, McKay Spring property, and Catlett Mountain landfill. Mr. McEathron was present to address a request from the Town for the County to resume the school crossing guard program at Ressie Jeffries and E. Wilson Morrison Elementary Schools. Other discussion included the update of the Route 340/522 Corridor Committee, EDA and Library funding, tourism, the Appalachian Trail Community event; coordination of Local Government Day on February 9 in Richmond, assistance and reduced fees for site enhancements of existing businesses, and tax/fee incentives in tourism zones.  In Mr. Traczyk’s absence, she attended the Parks and Recreation Commission meeting last week with local childcare providers and nonprofits who had been working on a summer program for youth including a youth enrichment program for youth in grades 6 through 9.  She reminded the public that a benefit was scheduled for Saturday, February 11 at Skyline High School for a student who had been seriously injured.

Mr. Murray reported that he had attended the Northern Shenandoah Valley Regional Commission meeting as well as the Regional Jail Authority meeting. He added that he was invited to tour the new library.

Mr. Murray also reported that his wife and he had attended Shenandoah Farms VFD annual banquet. He noted that his wife extended her thanks to everyone involved as their hospitality was among the best she had experienced in this area.

Mr. Stanley reported the following:

 The announcement of the State Corporation Commission’s final approval of the Dominion site was exciting for the entire Front Royal-Warren County community. Over the years this project had been reviewed numerous times since the first application was submitted in 2001 by Competitive Power Ventures. The approval represented the culmination of eleven

years of work to bring the project to this community. He thanked the Board members, Planning Commission members, and staff who worked so diligently to secure the largest single private investment in the history of Warren County.  On February 1 County Administrators and Commissioners of the Revenue from Warren, Clarke, Rappahannock, Page, and Shenandoah Counties met to discuss re-advertising for a firm to conduct reassessments for each of the jurisdictions. Warren County would not begin its next reassessment process until July 2013 for the reassessment that would take affect January 1, 2015.  The new Rockland and Reliance Road intersection was expected to open February 7 and was planned to be completed by May.  Work continued on the Warren County Public Safety Building with completion expected in April.  The Northern Shenandoah Valley Regional Commission submitted, on behalf of the Counties of Clarke, Frederick, Page, Shenandoah, and Warren, to the Department of Conservation and Recreation (DCR) Bay TMDL information that the Commonwealth will consider in the Phase II Watershed Implementation Plan (WIP) response. The five counties in the planning region requested that the Northern Shenandoah Valley Regional Commission regionalize their responses to DCR. The WIP information will be used to provide the Commonwealth with input to the upcoming Environmental Protection Agency response to mandated water quality enhancement within the Chesapeake Bay watershed. He thanked Martha Shickle and Jill Keihn at the Regional Commission and David Beahm and Taryn Logan from County staff for working with them to meet the mandated February 1 deadline.  The next budget work session was scheduled for February 21 at 5:30 p.m. with the School Board.  He thanked Angelle Barbazon for her professionalism in covering Warren County for the Warren Sentinel.

Mr. Mitchell reported the following:

 COLLECTIONS - $220.00 in delinquent personal property taxes were collected in January for an approximate total of $478,650.00 since 2008.  KENDRICK TO KERFOOT CONNECTOR ROAD – FMC was waiting for the Town to make a request to the EPA for a letter of no further interest.  LITIGATION – D. R. HORTON v. BOARD OF SUPERVISORS – Transcripts had been received and the case was on appeal to Virginia Supreme Court. The County will file briefs in the

next month or so.  AIRPORT – Certain navigation easements on the southside of airport were needed to trim trees in the flight path. A lease had been drafted for PHI Air Medical to base a medical helicopter at the Front Royal-Warren County Airport.  REGIONAL JAIL – He had been working with the Regional Jail Authority’s attorney and engineers in formulating final construction documents.  GENERAL ASSEMBLY BILLS FOR RESOLUTIONS – He noted those items on the consent agenda: - HB 142 – Support option to make part of public parks “no- smoking” areas. - HB149 and SB61 – Support 3-year reduction in state corporate tax rates for companies that relocate to smaller communities. - SB664 and HB1193 – Support publishing ads on website rather than in newspapers. - HB1131 – Oppose localities bearing state’s share of costs of May elections. It had been amended to apply to towns only.

Approval of Minutes – Regular Meeting of January 17, 2012

On a motion by Mrs. Glavis, seconded by Mr. Murray, and by the following vote, the Board of Supervisors approved the minutes of its regular meeting of January 17, 2012 as written:

Aye: Fox, Glavis, Murray, Traczyk Abstain: Carter

Report – Financing of RSW Regional Jail – Ted Cole, Davenport

Mr. Ted Cole, Vice-President of Davenport & Company, LLC, gave a power point presentation on an overview of the financing of the RSW Regional Jail. He noted that no action was required of the Board at this time. He would probably be back in April for action on the financing.

Mr. Cole noted that the RSW Regional Jail Authority (Authority) was considering the construction of a 375-bed regional jail facility located in Warren County. The site had been purchased. The Authority will be responsible for funding all costs associated with the project so no individual locality will issue debt or provide equity. Warren County’s responsibility as part of the Authority would be to pay the per diem charge for the housing of its inmates at the regional jail

facility. He added that the Virginia Department of Corrections and General Assembly had committed to reimburse the Authority up to 50% of eligible costs with said reimbursement occurring no earlier than six months after the facility was serviceable, estimated at January 2015.

Mr. Cole said an interim financing in the amount of $6,000,000 was put into place during the summer of 2010 for the purchase of the property, design, engineering, and bidding of the project. He said that short-term loan would be paid off with the long-term financing for the entire project. Long-term permanent financing will be provided through two primary issuances: short-term regional jail facility grant anticipation note to fund the state’s share of the project prior to reimbursement by the state and long-term regional jail facility revenue bonds to fund project costs not reimbursable by the state.

He noted that the short-term loan would mature in August of 2013 and the Authority could prepay this loan at any time without penalty. He reviewed a summary of what the $6,000,000 short-term loan covered including land, design, value engineering, legal fees, etc. As of October the available balance was approximately $2.6 million.

Mr. Cole reviewed the potential sources for funding of the permanent financing for the entire project: Virginia Resources Authority (VRA), VML/VACo, bank placements, and public bond markets. He noted that Davenport was in the process of looking at all those options; identifying interest rates, terms, and conditions to help the Authority make a final decision on financing.

Mr. Cole reviewed the preliminary financing schedule. They planned for construction to begin in July 2012 with an approximate two-year construction period so he anticipated bidding the project in the spring. He noted that they had met with the VRA to make application. The VRA provided long-term fixed rates and tax exempt financing. One requirement was that the Authority obtain a bond rating and Davenport was currently working on that. He added that they would probably recommend this approach for the costs not eligible for state reimbursement.

He explained that the Authority will be tasked with providing each of the three participating jurisdictions in the spring of 2014 a proposed budget that would be built into the

County budget beginning FY 2015. He noted that there were seven components of project costs. He pointed out that the Authority would be required to include in the borrowing a 60-day operating reserve so funds would be available for cash-flow operations of the Authority. He explained that transition costs included the initial staffing of the regional jail, moving expenses, etc. and capitalized interest would provide payments to bond holders during construction.

Mr. Cole explained that the debt service reserve fund was required on the long-term debt. This reserve was invested and the Authority would receive the earnings on that investment. The sole purpose was to provide funding should there be a problem with the Authority making a payment and was usually equal to one year’s debt service. If this fund was never used, it would ultimately be used to make the last year’s payment. He added that this was a fairly common requirement on this type of financing.

Relative to the cost of issuance for the project, Mr. Cole noted that Davenport was looking at a number of different options each of which had different costs of issuance, interest rates, and terms and conditions in order to identify the most cost effective and favorable financing method.

Mr. Cole reviewed the different components of the project costs:

 Construction Costs estimated at $53 million.  Other Project Costs: architectural, engineering, inspections, utility connection fees and an 8% contingency estimated at $11.9 million – some of this was paid with interim financing, reducing that to a net of $8.8 million.  Transition Costs for furniture, fixtures and equipment, preliminary staffing and training, staff equipment, vehicles, technology, moving, etc. estimated at $4.5 million.  Operating Reserve equal to 60 days of budgeted expenditures estimated at $1.6 million to guarantee start-up operational capital.  Interim Financing: Approximately $3.3 million outstanding will continued to be used to cover expenses and the entire $6 million interim financing will be paid with the new financing. Identified how much the state would reimburse on each component estimated at $32.6 million, leaving a non- reimbursable amount of $39.17 million.

Mr. Cole highlighted the following additional components:

 Capitalized Interest was the funding included in the borrowing that will provide debt service during construction. They planned to close the financing in June 2012. The bonds will pay interest every six months, November 2012, May 2013, November 2013, May 2014. All the payments to the bond holders due in that period of time will be paid from the capitalized interest. The facility will be opened in July 2014. This plan was to try to ensure that the localities would not have to begin payments prior to the operation of the facility.  Debt Service Reserve was a dedicated fund set aside on the long-term funding and the amount will be dictated by a legal requirement and was equal to one year’s debt service.  Cost of Issuance: - Local Costs of Issuance - The Authority will be issuing the debt for bond counsel, general counsel, financial advisor (Davenport), rating fees, etc. - Lender Specific Costs of Issuance for program fees through Virginia Resources Authority (VRA), VML/VACo, bond counsel, financial advisory, trustee, etc. The VRA, for example, will use bond underwriters to sell the bonds.

Mr. Cole noted that the bonds would total approximately $56,455,000 and the notes would be about $32,630,000; the latter being equal to that amount the state would reimburse. Semi- annual payments would be due on both the bonds and notes that were planned to be capitalized so that those payments would not have to be made by the localities during construction. Inmates were expected to be transitioned in July 2014, reimbursement from the state was expected in January 2015, and the notes would be paid in their entirety at that time. He provided a breakdown of payments from fiscal year 2013 through 2043 to pay off the loan. He noted that the interest at that time through the VRA was less than 5%.

Mr. Cole commented that the preliminary planning stages showed that Rappahannock County would have approximately 36 inmates, Shenandoah County would have approximately 99, and Warren County would have approximately 135. Based on those figures, Warren County would be responsible for 50% of the Regional Jail’s net budget. He added that the Regional Jail would receive revenue from the state as well. He explained that the facility usage would change over time, which would be reflected in the cost to each locality. He explained that a greater number of beds than were needed were proposed and these extra beds could potentially be rented to other users. He

pointed out that due to the transition to the regional jail, some of the expenses of the local jails would be eliminated and those budgeted funds could be reallocated or used to offset what was paid for the Regional Jail.

Mr. Cole noted that Warren County had approximately $688,000 in its current local jail budget that should be available once it transitioned from the local jail to the regional jail to help offset the costs associated with the County’s per diems. The County’s total net debt service would be approximately $3.9 million per year. He noted that one penny on the County’s tax rate was equal to approximately $360,000 and he estimated the cost to be a $.02 to a $.08 tax equivalent over the life of the loan.

Mr. Traczyk asked if any of the County’s current debt service would be paid off by the time the County incurred the debt service on the regional jail. Mr. Stanley commented that approximately $1.5 was in place for the Warren County Junior High School construction and Hilda J. Barbour Elementary School construction. They were considering that for the next Middle School. He understood there was about $100,000 in this year’s budget and $900,000 in special projects and they were looking to building that debt service up to a reserve. He hoped that the construction bid would be below the estimate and that the interest rate would be lower than projected. He noted that rented bed space would have a financial impact, e.g. rental of 100 beds at $25 per inmate per day would equal a reduction of $.5 million a year in debt service.

Mr. Carter understood that the state had committed providing reimbursement, but had not committed to a final figure. He asked when the state would make that determination. Mr. Cole said it was in the state’s budget. He added that Davenport would know the outcome of that process prior to the financing.

Mr. Fox noted that it was projected that in fiscal year 2016 the tax equivalent of the costs of the regional jail would be 7.1 cents. Mr. Cole said that, based on current values, 7.1 cents would be needed to cover the $2,545,000. The $2.5 million would have been closer to $3 million in addition to the County’s current budget to finance a local jail project as opposed to participating in the regional jail.

Mr. Fox understood that if the regional jail rented beds to outside inmates, the numbers would diminish significantly. Mr.

Cole commented that that was correct. If 100 beds were rented at $25 each, it would reduce the cost by $.5 million.

Mr. Fox felt the regional approach was a much better route than what the County could have done on its own, particularly since the state would provide approximately 50% of the financing.

In response to an inquiry from Mr. Fox, Mr. Cole stated that the length of the term of the loan would be thirty years and the interest rate would be fixed for the entire thirty-year term.

Consent Agenda

1. Resolution Opposing House Bill 1131 to pass onto counties the State Board of Elections Costs of any Election, Primary, Referendum, etc. – Blair Mitchell 2. Resolution Supporting House Bill 1193 to Reduce Local Costs by making Optional Newspaper advertising of Bids and Proposals and instead having such Ads posted on a Statewide Website – Blair Mitchell 3. Resolution Supporting House Bill 149 and Senate Bill 61 – Blair Mitchell 4. Removed 5. Resolution Supporting Senate Bill 664 regarding Requirements for Publishing Legal Notices – Dan Whitten 6. Resolution Supporting House Bill 142 to authorize Localities to Enact an Ordinance to Provide for a Smoking Ban in Public Parks designated by the Locality – Dan Whitten 7. Coyote Bounties - $50 Each – Animal Control a. Jeffrey Brown b. Ronald Mullins c. Ronald Lee Mullins d. Max Dean Yoder e. Jeffrey Brown 8. Transfer of Funds – $26,145.00 from Special Projects (Skyland Estates Windfall) to Skyland Estates Sanitary District – Carolyn Stimmel 9. Proclamation re: Designation of April 14 through April 20, 2012 as disAbility Awareness Week – Access Independence, Inc. – Donald Price/Doug Stanley 10. Review of Limeton Agricultural and Forestal District by Warren County Planning Commission – Taryn Logan

11. Proclamation Designating March as Youth Arts Month – Blue Ridge Arts Council, Inc. – Kim Crump/Doug Stanley 12. Support of the Designation of the Proposed U.S. Bicycle Route 11 through Warren County – Taryn Logan 13. Waiver of Building Permit Fees - $382.50 – Royal Shenandoah Greenway Committee for Construction of First of Five Kiosks – David Beahm 14. Modification of Conditional Use Permit 2008-04-01 for a Country General Store to Change the Name and Address of the Permit from Brainard Coffey and Bruce Ring to Schoolhouse Market, LLC, 235 Rivermont Drive, Front Royal, Virginia – Matt Wendling 15. Removed and considered separately 16. Acceptance of FY 2013 Public Safety Answering Point (PSAP) Grant Award of $150,000 and Authorization to Purchase Customer Premises (CPE) Equipment ($233,435.98 – additional funds to come from Public Safety Building fund) – Brandy Rosser 17. Removed and considered separately 18. Purchase of Audio-Visual Equipment for Public Safety Building ($36,505 set aside from 2010/2011 Sheriff’s Office Budget) – Danny McEathron 19. Board Meeting Schedule for 2012 – Doug Stanley

On a motion by Mr. Traczyk, seconded by Mr. Murray, and by the following vote, the Board of Supervisors approved the above consent agenda items:

Aye: Carter, Fox, Glavis, Murray, Traczyk

A Resolution to strongly request that Senator Mark D. Obenshain and Delegates Beverly J. Sherwood, C. Todd Gilbert, and Michael J. Webert OPPOSE House Bill 1131 (Cole) now pending before the Virginia General Assembly

WHEREAS, the Virginia General Assembly has convened to consider the passage of legislation that would amend laws affecting the authority and operation of Virginia local governments; and

WHEREAS, the Board of Supervisors believes that one such Bill, House Bill 1131, introduced by Delegate Mark L. Cole of Fredericksburg, would require Warren County to pay an additional $10,000 to $15,000 for administrative costs incurred by the State Board of Elections above and beyond the County’s normal costs of conducting an election other than at the November general election date. The Board of Supervisors of Warren

County strongly believes that any costs incurred by the State Board of Elections is a duty and responsibility of the State, and should not be passed on to the County to pay;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Warren County, Virginia, hereby expresses its strongest opposition to pending House Bill 1131 and requests that Senator Mark D. Obenshain and Delegates Beverly J. Sherwood, C. Todd Gilbert, and Michael J. Webert join in opposing and voting to disapprove House Bill 1131 and any other bills encompassing the same provisions as contained in House Bill 1131.

A Resolution to request that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert SUPPORT House Bill 1193 (Villanueva) now pending before the Virginia General Assembly

WHEREAS, the Virginia General Assembly has convened to consider the passage of a wide variety of legislation; and

WHEREAS, in the opinion of the Board of Supervisors House Bill 1193, introduced by Delegate Ronald A. Villanueva of Virginia Beach, could be of significant monetary savings to Warren County and all Virginia localities by making optional the publication in newspapers of Invitations for Bids and Requests for Proposals, and providing that such advertisements be posted on the central website of the Department of General Services of the State. By posting on the central State site, all procurement of all localities would be on one central location, available to all potential bidders throughout the State and region; and

WHEREAS, by making newspaper publication optional rather than mandatory, localities would retain the option to advertise locally, but could reduce the costs of newspaper publication of procurement announcements;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Warren County, Virginia, hereby expresses its strong support for House Bill 1193 and requests that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert join in supporting and voting to approve House Bill 1193 or other bills with similar job- promoting provisions.

A Resolution to request that Senator Mark D. Obenshain and

Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert SUPPORT House Bill 149 (Ransone) and Senate Bill 61 (Stanley) now pending before the Virginia General Assembly

WHEREAS, the Virginia General Assembly has convened to consider the passage of a wide variety of legislation; and

WHEREAS, the Board of Supervisors believes that House Bill 149 introduced by Delegate Margaret B. Ransone of Kinsale, and Senate Bill 61 introduced by Senator William M. Stanley, Jr. of Richmond, could help create new full-time jobs in Warren County by providing a reduction in the corporate income tax rate from 6% to 3% for businesses that open new or satellite offices in Virginia localities with populations of fewer than 200,000 persons. The corporate income tax rate for the business would reduce for a period of 3 years after the opening of such an office, with a $250,000 cap on the adjusted tax liability of the business; and

WHEREAS, such tax rate reduction could encourage out-of- state businesses to locate in small to medium sized Virginia localities, including Warren County, as well as encouraging Washington-area businesses to locate satellite offices in places like Warren County;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Warren County, Virginia, hereby expresses its support for House Bill 149 and Senate Bill 61, and requests that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert join in supporting and voting to approve House Bill 149 and Senate Bill 61, and any other bills encompassing similar job-promoting provisions.

A Resolution to request that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert SUPPORT Senate Bill 664 (Smith) now pending before the Virginia General Assembly

WHEREAS, the Virginia General Assembly has convened to consider the passage of a wide variety of legislation; and

WHEREAS, the Board of Supervisors believes that one such Bill, Senate Bill 664, introduced by Senator Ralph K. Smith of the 19th District, would allow Warren County to advertise legal notices on the county website, radio and television rather than advertising such notices in a newspaper of general circulation.

WHEREAS, the County is in support of the authority to advertise legal notices in such a manner;

WHEREAS, advertising such notices on the county website, radio or television would be less costly than advertising in a newspaper of general circulation in the locality;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Warren County, Virginia, hereby expresses its strong support for Senate Bill 664 and requests that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert join in supporting and voting to approve Senate Bill 664 and any other bills encompassing the authority for localities to advertise legal notices on the county website, radio and television rather than advertising such notices in a newspaper of general circulation.

A Resolution to request that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert SUPPORT House Bill 142 (Englin) now pending before the Virginia General Assembly

WHEREAS, the Virginia General Assembly has convened to consider the passage of a wide variety of legislation; and

WHEREAS, the Board of Supervisors believes that one such Bill, House Bill 142, introduced by Delegate David L. Englin of the 45th District, would help prevent smoking in public parks located within Warren County; and

WHEREAS, the County is in support of the authority to enact an ordinance to provide for a smoking ban in public parks designated by the locality; and

WHEREAS, appropriate signs will be posted at each public entrance of the designated parks in accordance with § 15.2-2832;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Warren County, Virginia, hereby expresses its strong support for House Bill 142 and requests that Senator Mark D. Obenshain and Delegates C. Todd Gilbert, Beverly J. Sherwood and Michael J. Webert join in supporting and voting to approve House Bill 142 and any other bills encompassing the power for localities to prevent smoking in public parks.

Request - Extension of Conditional Use Permit 2005-04-01 issued to Cedarville, LLC for a Shopping Center and Building in excess of 50,000 Square Feet in the Route 340/522 Highway Corridor Overlay District for a Period of Two Years – Matt Wendling

Mr. Traczyk noted that had received a number of questions regarding the development of the Route 340/522 North Corridor and he asked for an update on the above shopping center.

Mr. Stanley stated that the Cedarville Center site was to be accessed at two points; at the new Rockland Road and at a proposed intersection south of the location where the power lines crossed Route 340/522. He indicated that the applicant had previously applied for revenue sharing funds to address some of the vertical curve issues for the southern entrance; but due to the economy, they were unable to proceed with the project. Mr. Stanley indicated that with the Rockland Road project near completion, access to the site was accomplished. Mr. Stanley added that the applicant was marketing a portion of the site for industrial development, but felt the front half of the property was better suited for commercial uses.

On a motion by Mr. Traczyk, seconded by Mrs. Glavis, and by the following vote, the Board of Supervisors approved the request to extend Conditional Use Permit 2005-04-01 for an additional period of two years from March 16, 2012:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Request - Purchase of Physical Fitness Equipment for Public Safety Building ($42,702.64 set aside from 2010/2011 Sheriff’s Office Budget and placed in Special Projects for Public Safety Building) – Danny McEathron

Mr. Traczyk said he always supported fire and safety and the Sheriff’s Office, but he had some concerns about the purchase of physical fitness equipment at a cost of $42,702.64. He would prefer that this purchase be postponed as the County had many needs, including a request for a new deputy and additional security for the Courthouse as well as the cost of the regional jail. He noted that there was a track nearby at Skyline High School and questioned if the school facilities could be used for this purpose.

Mr. McEathron noted that many years ago a physical fitness center was included in the construction along with the

audio/visual equipment. Knowing he would have to identify funds for this purpose without asking for additional funds from the Board, he combined all unused funds within his five budgets last year into special projects for this purpose. He believed a physical fitness training center would benefit fire and rescue and law enforcement employees in that facility. He noted that his office could not currently provide physical training without paying dues. With a physical fitness center, he thought he might be able to make this training mandatory.

Mr. Fox said the physical fitness room was impressive. He understood that the fire department would be able to use the equipment as well. Mr. McEathron said that all occupants of the Public Safety Building facility would have access to it. Mr. Fox said that he had supported the provision of a physical fitness program for fire and rescue as well. Mr. McEathron added that a couple of his employees received training to train others in physical fitness. He felt that this might help with workmen’s comp injuries while on duty.

Mr. Murray asked if the employees using the physical fitness equipment would log in and out so the number of hours were documented. Mr. McEathron said it was a card-reader system so there would be documentation. He added that he was going to include physical fitness as part of the required law enforcement tactical training for his office at some point.

Mrs. Glavis understood the funds had been set aside in prior budgets and the Sheriff was not asking for additional funds. Mr. McEathron said he proposed to use unused funds from his last year’s budgets. Mrs. Glavis felt physical fitness was very much needed in fire and rescue and public safety and the fact that the Sheriff was able to set aside funds from within his approved budgets was commendable. She was in favor of the request.

Mr. Carter said he initially had some concerns, but after he learned more about the request and it would be a one-time capital investment the Sheriff would be able to fund with existing budgeted funds, he supported it. He calculated that the proposed cost would only equate to about a year and a half of dues and he felt it was very worthwhile.

Mr. Fox called a five-minute recess. Mr. Fox called the meeting back to order.

In response to an inquiry from Mr. Murray, Mr. McEathron noted that employees would use the physical fitness equipment during off-hours.

Mr. Murray made a motion, seconded by Mr. Carter, that the Board of Supervisors approve the purchase of physical fitness equipment for the Public Safety Building from Tactical Fitness, GSA in the amount of $42,702.64 with funds from Special Projects for the Public Safety Building (set aside from Sheriff’s Office FY 2010/2011 budget).

Mr. Traczyk felt the Board should defer action on this request until job descriptions were better defined and until the construction of the Public Safety Building had been completed. He would not support the request at this time.

Mr. Carter noted that it was probably necessary to order the equipment now so that it could be delivered when the Public Safety Building was completed. He noted that the physical fitness room had already been constructed.

The motion was approved by the following vote:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, nay

Closed Meeting (Section 2.2-3711.A.1 of the Virginia Freedom of Information Act)

1. Economic Development Authority of the Town of Front Royal and the County of Warren (Four-year term of William Biggs expires February 28, 2012) 2. Warren County Airport Commission (Four-year term of William Frenz expired June 30, 2011) 3. Warren County Parks and Recreation Commission (Two-year terms of Jim Kenney III, Ronald G. Harvey, and David L. Wines expires February 28, 2012)

On a motion by Mrs. Glavis and by the following vote, the Board of Supervisors went into closed meeting to discuss the above items pursuant to the code sections cited:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

At the conclusion of the closed meeting, Mr. Fox called the meeting back to regular session.

On a motion by Mrs. Glavis and by the following vote, the Board of Supervisors certified to the best of each member's knowledge only public business matters lawfully exempted from open meeting requirements under this chapter and only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body:

Carter, aye; Fox, aye; Glavis, aye; Murray, aye; Traczyk, aye

On a motion Mr. Carter, seconded by Mrs. Glavis, and by the following vote, the Board of Supervisors reappointed William M. Biggs to the Industrial Development Authority of the Town of Front Royal and the County of Warren for a four year term ending February 28, 2016:

Aye: Carter, Fox, Glavis, Murray, Traczyk

On a motion by Mr. Murray, seconded by Mrs. Glavis, and by the following vote, the Board of Supervisors appointed Stephen F. Kurtz to the Warren County Airport Commission to fill an unexpired four-year term ending June 30, 2015:

Aye: Carter, Fox, Glavis, Murray, Traczyk

On a motion by Mr. Carter, seconded by Mr. Traczyk, and by the following vote, the Board of Supervisors reappointed David Wines and Ron Harvey and appointed Tom Wilkins to the Parks and Recreation Commission for two-year terms ending February 28, 2014:

Aye: Carter, Fox, Glavis, Murray, Traczyk

Adjournment

Mr. Fox adjourned the meeting.