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March 10 2021 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, MARCH 10, 2021 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 Roll Call Vote Required 6.A. Minutes of Budget Work Session of February 24, 2021 BOS03-10-21 MinutesWorkSession24February2021.pdf 6.B. Minutes of Regular Meeting of February 24, 2021 BOS03-10-21 MinutesRegMeeting24February2021.pdf 6.C. Minutes of the Budget Work Session of March 3, 2021 BOS03-10-21 MinutesWorkSession3March2021.pdf 6.D. Transportation Committee Report of February 22, 2021 BOS03-10-21 TranspCommReport22February2021.pdf 6.E. Request from the Economic Development Authority for the Board to Provide a Comment Letter on Changes to Federal Metropolitan and Micropolitan Statistical Area Standards BOS03-10-21 ChangesToFederal MSA_Standards.pdf 1 Board of Supervisors Regular Meeting Agenda Page 2 March 10, 2021 7. Board of Supervisors Comments 8. County Officials 8.A. Local Procurement Initiative John Fox, Top of Virginia Chamber of Commerce BOS03-10-21 TVRC_LocalProcurementlnitiative.pdf 8.B. Committee Appointments Historic Resources Advisory Board Unexpired 4-year term of Gainesboro District Rep. ending 06/12/21 . See attached application of Dana Newcomb Planning Commission 4-year term of Shawnee District Rep. Elizabeth Kozel expires 04/28/21. Ms. Kozel is eligible and willing to serve another term. BOS03-10-21 Board Comm itteeApptsRedacted.pdf 8.C. Request from the 26th Judicial Circuit for Use of the Board Meeting Room for Jury Selection BOS03-10-21 RequestBdRoom UseJurySelection_Redacted.pdf 8.D. Request from the Clarke County Board of Supervisors: Double Tollgate Water and Sewer Service Provision BOS03-10-21 Discussion ClarkeSWSAs_Redacted.pdf 9. Committee Business - None 2 Board of Supervisors Regular Meeting Agenda Page 3 March 10, 2021 10. Public Hearings (Non Planning Issues) 10.A. Proposed Real Property Tax Increase The County of Frederick proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 8.56 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $0.567 per $100 of assessed value. This rate will be known as the "lowered tax rate". 3. Effective Rate Increase: The County of Frederick proposes to adopt a tax rate of $ 0.61 per $100 of assessed value. This difference between the lowered tax rate and the proposed rate would be $0.043 per $100, or 8.56 percent. This difference will be known as the "effective tax rate increase". Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the County of Frederick will exceed last year's by 5.17 percent. BOS03-10-21 WinchStarAd-2021 Proposed RE I ncrease.pdf 10.B. Proposed School Bond Financings by the Board of Supervisors of the 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 $72,844,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Renovation of James Wood High School. A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at Its Meeting on Wednesday, March 10, 2021. All Interested Parties are Invited to Attend and Present Oral or Written Comments. BOS03-10-21 RegPublicHearingsJamesWoodHS_Reno_Redacted.pdf 130S03-10-21 VPSA_Spring2021 ResolutionJamesWoodHS.pdf 3 Board of Supervisors Regular Meeting Agenda Page 4 March 10, 2021 Public Hearings (Non Planning Issues), continued 10.C. Amendment to the 2020 -2021 Fiscal Year Budget - Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $72,844,000. This Amount Represents the Renovation of James Wood High School. BOS03-10-21 RegPublicHearingsJamesWoodHS_Reno_Redacted.pdf BOS03-10-21 BudgetAmendJamesWoodHSReno.pdf 10.D. Proposed School Bond Financings by the Board of Supervisors of the 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 $12,020,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Renovation of Indian Hollow Elementary School. A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at Its Meeting on Wednesday, March 10, 2021. All Interested Parties are Invited to Attend and Present Oral or Written Comments. BOS03-10-21 RegPublicHearingslndianHollowReno_Redacted.pdf 130S03-10-21VPSA_Spring2021 Resolution IndianHollowES.pdf 10.E. Amendment to the 2020 -2021 Fiscal Year Budget - Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $12,020,000. This Amount Represents the Renovation of Indian Hollow Elementary School. BOS03-10-21 RegPublicHearingslndianHollowReno_Redacted.pdf BOS03-10-21 BudgetAmendlndianHollowESReno.pdf 4 Board of Supervisors Regular Meeting Agenda Page 5 March 10, 2021 11. Planning Commission Business - Public Hearings 11 .A. Conditional Use Permit #01-21 for Hollow Road Solar, LLC Submitted to Construct a 20-Megawatt Utility-Scale Solar Facility on Properties Totaling Approximately 326-Acres +/-. The Subject Properties are Located Generally Southeast of Parishville Road (Route 610) and Anchorage Lane in the Vicinity of Gore and within Frederick County, Virginia and are Identified with Property Identification Numbers (PIN) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. The Property Identified with PIN 27-A-8 will Only, be Used for a Subsurface Interconnection Easement and Ingress/Egress; No Solar Arrays (Panels) or Supporting Equipment will be Sited on PIN 27-A-8. BOS03-10-21 CUP01-21 HollowRoadSolarLLC_Redacted.pdf 12. Planning Commission Business - Other Planning Business - None 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 5 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: Consent Agenda Title: Minutes of Budget Work Session of February 24, 2021 Attachments: BOS03-10-21 MinutesWorkSession24February2021.pdf 6 MINUTES BUDGET WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 24, 2021 5:30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Judith McCann-Slaughter; J. Douglas McCarthy; David D. Stegmaier; Shawn L. Graber; and Robert W. Wells were present. Finance Committee Citizen Members: Jeffrey S. Boppe; and Gary R. Oates Angela L. Rudolph-Wiseman was absent. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Cheryl Shiffler, Director of Finance; Jennifer Place, Risk Manager/Budget Analyst; Sharon Kibler, Assistant Director of Finance; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue; Lenny Millholland, Sheriff; Steve Majchrzak, Fire Chief; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:00 p.m. DISCUSSION OF NEW POSITIONS—SHERIFF'S OFFICE Sheriff Lenny Millholland and the Board reviewed the budget requests from the Sheriff's Office. The items discussed included the proposed armored vehicle purchase, overtime, reimbursement for providing traffic control to non-county entities, staffing standards, membership in the joint drug task force and costs to purchase new patrol vehicles. BUDGET SCENARIO OVERVIEW Mr. Tierney reviewed the updated budget scenarios. 7 The Board and staff discussed the expected increase in employee insurance costs and a possible increase in the meals tax rate. Fire Chief Majchrzak and the Board discussed existing position vacancies and retention issues, conversion to a county-wide volunteer system, the need for exploring future system needs, and the need to have county-supplied reserve vehicles available to the volunteer companies. Chief Majchrzak noted that insurance is a key need for the volunteer companies and should be funded if the Board is able. The Board and Mr. Thatcher discussed the timeline to implement an increase in the meals tax rate. The Board and staff discussed the use of the contingency fund. Supervisors Graber, McCarthy, and Dunn expressed interest in a line-item budget, or a school budget funded categorially. Vice Chairman Wells said he was not in favor of categorical control of the School Board adding that they are an elected body which can be replaced by the voters. The Board agreed by consensus to invite the School Board to a joint meeting on March 3, 2021. ADJOURN At 6:55 p.m., Chairman DeHaven adjourned the meeting. 8 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: Consent Agenda Title: Minutes of Regular Meeting of February 24, 2021 Attachments: BOS03-10-21 MinutesRegMeeting24February2021.pdf 9 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 24, 2021 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber;Judith McCann-Slaughter; J. Douglas McCarthy; and David D. Stegmaier were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Candice Perkins, Assistant Director of Planning; John Bishop,Assistant Director of Planning-Transportation; Tyler Klein, Senior Planner; Steve Majchrzak, Fire Chief; Lenny Millholland, Sheriff; Jason Robertson, Director of Parks & Recreation; and Jon Turkel, Assistant Director of Parks & Recreation; Mike Marciano, Director of Human Resources; Cheryl Shiffler, Director of Finance; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Vice Chairman Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Graber, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 1 10 CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Supervisor McCarthy and carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye - Minutes of Regular Meeting of February 10, 2021 - CONSENT AGENDA APPROVAL - Minutes of Budget Work Session of February 10, 2021 -CONSENT AGENDA APPROVAL - Human Resources Committee Report of February 12, 2021 - CONSENT AGENDA APPROVAL, Appendix 1 - Finance Committee Report of February 17, 2021 -CONSENT AGENDA APPROVAL,Appendix 2 -Technology Committee Report of January 6, 2021 - CONSENT AGENDA APPROVAL,Appendix 3 -Authorization for the Finance Committee Chairman to sign the FY 2021 audit engagement letter for Robinson, Farmer, COX Associates—CONSENT AGENDA APPROVAL -Acknowledgment of Committee Appointments -CONSENT AGENDA APPROVAL - Employee of the Month Resolution Honoring Lydia Delgros - CONSENT AGENDA APPROVAL Employee of the Month Resolution A warded to: Lydia Delgros WHEREAS,the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource;and on September 9, 1992,the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee;and WHEREAS,the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated;and WHEREAS, Lydia Delgros is the first County staff member greeting those entering the County Administration building at 107 N.Kent Street;and WHEREAS, in March of 2020 at the beginning of the pandemic, new procedures were implemented to help control traffic flow at 107 N. Kent Street so the building could remain open to the Frederick County Board of Supervisors Regular Meeting Minutes *February 24,2021 2 11 public and Lydia provided excellent ideas for placement of drop off boxes and information pickup locations for the public, and provided professional and accurate information to County Administration on the effectiveness of the new procedures;and WHEREAS,Lydia willingly flexes her schedule to ensure the front desk is staffed in order to meet the County's coverage needs and is always willing to help,looking for ways to assist others;and WHEREAS,when faced with an unhappy citizen,regardless of the complaint,Lydia handles the most difficult circumstances with grace and professionalism;and WHEREAS, in addition to her normal front desk duties, during 2020 Lydia assisted the Voter Registrar with mail in ballot applications as well as directing the many citizens wishing to vote early in this extraordinary election year and assisted the Public Information Officer with changes to signage in the building;and WHEREAS,Lydia has been the first point of contact for the public and staff alike as the County navigated changes and challenges caused by Covid, offering valuable input that is well thought out, professional, and always helpful, and we are very fortunate to have Lydia representing Frederick County Government. NOW,THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors this 24th day of February 2021,that Lydia Delgros is hereby recognized as the Frederick County Employee of the Month for February 2021;and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Lydia for her outstanding performance and dedicated service and wishes her continued success in future endeavors;and BE IT FINALLY RESOLVED that Lydia Delgros is hereby entitled to all of the rights and privileges associated with this award. + + + + + + + + + + + + + + - Resolution for Addition to the Secondary System of State Highways: Hites View Estates, Phase Two—CONSENT AGENDA APPROVAL 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 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 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. + + + + + + + + + + + + + + Frederick County Board of Supervisors Regular Meeting Minutes *February 24,2021 3 12 - 2021 SmartScale Scoring Resolution—CONSENT AGENDA APPROVAL RESOLUTION REQUESTING REVIEW OF THE SMARTSCALE PROGRAM SCORING AND IMPLEMENTATION WHEREAS, The Staunton District received fewer District Grant funds than any other district in the state, and WHEREAS,having fewer District Grant funds reduces access to Statewide High Priority funds, and WHEREAS, Due to program delivery policies that limit access to Statewide High Priority Funds, more than half of Statewide High Priority Funds are allocated on raw benefit score and not the SmartScale Score in Round 3; and WHEREAS, Staunton District was largely excluded from supplemental District Grant funds due to the creation of the I-81 Authority in spite of the fact that I-81 Authority funds are solely for I-81 projects unlike authorities in other areas; and WHEREAS, The use of a subtractive environmental scoring factor, specifically proximity to civil war battlefields,had a strong negative impact on greatly needed projects in Frederick County; and WHEREAS,These projects had zero impact on these nearby battlefields; and WHEREAS, These projects and applications have been heavily coordinated with VDOT and developed and adjusted to the County and VDOT's maximum ability and according to the ethics and goals of the SmartScale program; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors requests that the Commonwealth Transportation Board and the State Legislature review the SmartScale legislation and its implementation in order to address equity issues related to the distribution of transportation funding in the State of Virginia. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted his proposal at the last meeting to re-issue a Request For Proposal for the public safety radio system and asked the Board members to reconsider their position saying costs could be lowered. He noted concerns with radio tower sites being located on school properties. Supervisor McCarthy concurred with the concern about towers being proposed on school properties saying the School Board should be asked to vote now to approve this action to avoid a delay in the radio system installation later. Supervisor Graber concurred with the two previous statements about the public radio system procurement. Supervisor Graber said it was inappropriate of the Chairman of the School Board to respond to his concerns by letter and then also share that response with the other members of the Board of Supervisors. Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 4 13 COUNTY OFFICIALS PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO LYDIA DELGROS Chairman DeHaven and Vice Chairman Wells presented the February 2021 Employee of the Month award to Lydia Delgros. + + + + + + + + + + + + + + FINANCE COMMITTEE BUSINESS Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $1,000 representing donations for memorial benches; and the Sheriff requests a General Fund supplemental appropriation in the amount of $29,554.16 representing auto insurance claim reimbursements. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Parks & Recreation Director's request for a General Fund supplemental appropriation in the amount of$55,000 representing a request for proffer funds for the construction of an amphitheater behind the Bowman Library. Supervisor McCarthy seconded the motion. Supervisor Stegmaier stated his enthusiastic support for the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter said the Sheriff requests a General Fund supplemental appropriation in the amount of $174,800 representing funds for an armored vehicle. She moved for approval of the Finance Committee's recommendation for a supplemental appropriation in the amount of$102,230 and a transfer from the capital contingency for$72,570. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 5 14 Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Sheriff's request for a General Fund supplemental appropriation in the amount of $7,272 representing reimbursement from the DEA. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Sheriff's request for a General Fund supplemental appropriation in the amount of $41,465 representing traffic control and overtime recovered costs. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Sheriff's request for a General Fund supplemental appropriation in the amount of$2,325.17. This amount represents seized assets sold. Funds will be used for vehicle equipment. Vice Chairman Wells seconded the motion. At Supervisor Dunn's request, Sherriff Millholland explained the receipt of funds when assets are seized. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the NRADC Interim Superintendent's request for an NRADC supplemental appropriation in the amount of$827,000 representing funds needed for unanticipated inmate medical health care. Supervisor Stegmaier seconded the motion. The Board and staff discussed the request which had resulted from three inmates needing dialysis services while incarcerated and the funding responsibilities of the jail's participating Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 6 15 jurisdictions. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + HUMAN RESOURCES COMMITTEE BUSINESS Vice Chairman Wells moved for approval to change the title and the salary of Park Technician (Range 3) to Assistant Park Manager (Range 5). Supervisor Stegmaier seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye PUBLIC HEARINGS (NON-PLANNING ISSUES) - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS PROPOSED ORDINANCE AMENDMENT: BOAT REPAIR IN THE RA ZONING DISTRICT— SENT FORWARD TO PUBLIC HEARING Mr. Klein reviewed the draft amendment to the Zoning Ordinance to include "Boat Repair Shop" as a conditional use in the RA (Rural Areas) Zoning District. He said the changes include: Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 7 16 1)a new definition for a"boat repair shop,"2) additional regulations for specific uses for boat repair shops and, 3) the inclusion of boat repair shops as a conditional use in the RA District. The Board and staff discussed potential noise issues and concerns about screening the equipment and boats at potential repair facilities. On motion of Supervisor McCarthy, seconded by Supervisor Wells, the proposed amendment was sent forward to Public Hearing on a voice vote. BOARD LIAISON REPORTS Supervisor Dunn referencing the upcoming budget deliberations said the volunteer fire companies have need of insurance as well as funds for possible purchase of reserve vehicles. CITIZEN COMMENTS Greg Hewett, Stonewall District, noted the School Board's recommendation for a $73 million for renovations at James Wood High School. He said a new school could be built for$75 million, and the Board should ask for more detail from the School Board before considering this proposal. Natalie Lockwood, Stonewall District, said she wants to be able to go to school five days a week and asked why private schools are able to be open five days a week while the public schools are not. She said virtual learning is not good and she wants to be able to socialize with her friends. Violet Brannon, Back Creek District, agreed with the two previous speakers. She asked why we should spend money on a renovation when the students are not attending school in person during the pandemic. She said children belong back in school. Jennifer Heishman Roy, Back Creek District, relayed a phone conversation she had with her Board representative wherein she had wanted to discuss the proposed James Wood renovation and share some data with him. She said he ended the conversation in an unprofessional way and that it is unacceptable for a Board member to treat a constituent in such a way. Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 8 17 Stacy Haga, Back Creek District, requested that Frederick County become a Constitutional Preservation County citing the recent loss of personal freedoms at the state and federal level. Clay Perry, Back Creek District addressed the Deep Equity training and textbook used to train staff in the County school system. He quoted from the textbook regarding the definition of white supremacy calling it garbage. He said he is concerned that the School Board will not provide a line-item budget. BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed the Constitutional Sanctuary County movement saying the Board should be on watch to protect the rights of the citizens. Supervisor Graber noted that School Board Member Monk has been advocating for the schools to re-open. Supervisor Graber referenced the Deep Equity training textbook saying it states that white Christians need to be re-educated. He said the Board must determine if tax dollars should be spent on such materials. Supervisor Graber referred to the phone conversation with a constituent saying there is difference between wants and needs for the school system. He advocated for open public meetings for information sharing, stated that he often discusses the school system with Back Creek District School Board Member Monk, stated he has a video of the Deep Equity program being taught to high school students, and said that a line-item budget would facilitate the mantra of"Trust but verify'. Supervisor McCarthy discussed the disturbing times illustrated by the Board discussing infringement of personal freedoms, a little girl having to ask why she cannot go to school,the suicide increase during the pandemic lockdowns, the changing guidance on face mask usage, God-given rights applying to the unborn, and societal changes as a result of the norms in education and culture. Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 9 18 ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 8:05 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *February 24, 2021 10 19 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: Consent Agenda Title: Minutes of the Budget Work Session of March 3, 2021 Attachments: BOS03-10-21 MinutesWorkSession3March2021.pdf 20 MINUTES BUDGET WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 3, 2021 5:30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Judith McCann-Slaughter; J. Douglas McCarthy; David D. Stegmaier; and Robert W. Wells were present. Shawn L. Graber was absent. Finance Committee Citizen Members: Angela L. Rudolph-Wiseman; Jeffrey S. Boppe; and Gary R. Oates School Board and Staff Members present: Michael Lake, Board Member; Frank Wright, Board Member; Dr. David Sovine, Superintendent; Dr. Al Orndorff, Assistant Superintendent; Dr. James Angelo, Assistant Superintendent for Instruction; Patty Camery, Executive Director of Finance; and Kristen Anderson, FCPS Budget Supervisor. County Administration Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Erin Swisshelm; Assistant County Attorney; Cheryl Shiffler, Director of Finance; Jennifer Place, Risk Manager/Budget Analyst; Sharon Kibler, Assistant Director of Finance; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue; Sheriff; Steve Majchrzak, Fire Chief; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology;Jason Robertson, Director of Parks and Recreation;Wayne Corbett, Chief Deputy Treasurer;Candice Perkins,Assistant Planning Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. SCHOOL BUDGET DISCUSSION Dr. Sovine reviewed his proposed budget noting that 85%, about $8.3 million, of the 21 proposed funds were intended for salary and benefits. Vice Chairman Wells and Dr. Sovine discussed the proposed new positions of Equity Diversity Coordinator and Title IX Coordinator. Dr. Sovine explained the equity initiative. Supervisor Stegmaier and Dr. Sovine discussed the tiered system of support under the equity initiative and the County's graduation rates. Supervisor McCarthy, Dr. Sovine, and Ms. Camery discussed possible state funds for a 5% salary increase for school staff, funding for pre-school programs, and the option to focus on salaries instead of new programs. Supervisor Dunn, Dr. Sovine, and Dr. Omclorff discussed the difference between School Security Officers and School Resource officers Supervisor Dunn and Dr. Sovine discussed funds spent on initial plans for a fourth high school, the need for pre-school programs, the need for the Deep Equity program, and changes in school building capacity rates. Finance Committee Member Oates and Dr. Sovine discussed the growth of the student population. Commissioner of the Revenue Thatcher, Dr. Sovine, and Dr. Orndorff discussed the most recent capacity review. DISCUSSION OF MEALS TAX IMPLEMENTATION Mr. Thatcher said after conferring with the Treasurer and the staff in the Commissioner's office, he suggests allowing six months after notice of a meals tax increase before implementation. Should an increase be approved, he suggested that January 1 would be the optimal start date. Supervisor Dunn inquired if the tax increase could be implemented sooner than six months. Mr. Thatcher said it can be done but year-end would be more favorable to the affected businesses. REMARKS FROM THE TREASURER Treasurer Orndoff offered remarks encouraging the Board to provide salary increases to County employees in light of no increase being given the previous year, the staff's performance during the pandemic, and the favorable state of both County revenues and the fund balance. 22 BUDGET SCENARIO OVERVIEW Mr. Tierney reviewed the updated budget scenarios. Vice Chairman Wells spoke in favor of Scenario D2. Committee Member Oates spoke in favor of Scenario D2. Supervisor McCarthy spoke in favor of the earlier implementation of the meals tax increase and in support of Scenario D2. Supervisor Slaughter spoke in favor of Scenario D2. Supervisor Dunn spoke in favor of Scenario Al citing effect tax increases over the years. He stated the need for a funding source besides the real estate tax rate. The Board and staff discussed funding the reserve fire engines. Supervisor Stegmaier spoke in favor of Scenario D2 adding that his constituents are pleased with County services. Chairman DeHaven relayed Supervisor Graber's remarks in favor of Scenario A and his continued desire for a joint meeting with the School Board. Chairman DeHaven spoke in favor of Scenario D2. OTHER ITEMS Supervisor Dunn stated his desire to assist the volunteer companies to aid in the County's ability to respond. Supervisor Dunn said that Supervisor Graber should be reimbursed for funds spent on his FOIA requests to the Schools. Mr. Thatcher confirmed that a meals tax increase could be implemented on October 1 if the Board desires. The Board agreed by consensus to direct staff to advertise the tax rates as specified in Scenario D2. ADJOURN At 7:35 p.m., Chairman DeHaven adjourned the meeting. 23 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: Consent Agenda Title: Transportation Committee Report of February 22, 2021 Attachments: BOS03-10-21 TranspCommRepo rt22Feb ruary2021.pdf 24 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, February 22, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven, Jr. (Voting), Cordell Watt (Voting), Gary Oates (Voting) and James Racey (Voting). Committee Members Absent: Shawn Graber (Voting), Lewis Boyer (Liaison Stephens City). Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Pedestrian Accommodations Along Valley Mill Road: Supervisor Dunn received a request from a citizen for a sidewalk extension along Valley Mill Road. Staff discussed the area and the distance between the existing pedestrian walkways that is approximately 520-680 feet. One crash has been reported since 2013. That accident took place in 2014 and alcohol was listed as a contributing factor. Staff noted that potential cost would be variable depending on the factors such as right of way, type of material, crosswalks, and drainage. After much discussion, it was recommended to investigate different options such as a group of volunteers to get in contact with the school board for permission to work and clean the area to make it more of a walkable area since the County has many of these under laying sidewalk concerns. Also, discussed was the safety issue within the area with increased pedestrian traffic in a very highly traveled area. 2- SmartScale Scoring Discussions: Staff gave an overview on the recommended funding scenario for the SmartScale that was presented to the Commonwealth Transportation Board in January. An analysis was presented and discussed with the Committee on the applications that the County had submitted for the exit 317 on 1-81, with northbound ramp realignment to Redbud Road and the interchange improvement project for the exit. Also, the Winchester- Frederick County Metropolitan Organization (MPO) applied for the Route 11 Old Charlestown Roundabout and Exit 317 Interchange through the MPO. These projects which are major priorities have not been recommended for funding by the Office of Intermodal Planning and Investment.The Commonwealth Transportation Board (CTB) will make a final decision in June. Staff was encouraged to keep working with VDOT and for the bigger picture with a better understanding of the process. The Committee recommended for a resolution to the Board of Supervisors for consideration on February 24, 2021 requesting review of the SmartScale program scoring and implementation. The Board of Supervisors did adopt that resolution at their February 24, 2021 regular meeting. 25 3-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge The project progress continues with no issues to report. Staff has met with our private partners with potential development and construction access to the property. Renaissance Drive: Staff is continuing with communication with CSX regarding solutions to the drainage issues on the project. Once an agreement is reached on the least costly approvable (by CSX) project cost estimates will be updated for the Committee and Board of Supervisor discussion. 4-Other: Staff explained that the new signal at Charlestown Road has had a few issues with loose wires falling.This issue has been mostly during recent very windy days.VDOT will continue to work with the constructer to address the problem. 26 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: Consent Agenda Title: Request from the Economic Development Authority for the Board to Provide a Comment Letter on Changes to Federal Metropolitan and Micropolitan Statistical Area Standards Attachments: BOS03-10-21 ChangesToFederalMSA_Standards.pdf 27 Frederl"' ekVAS ECONOMIC DEVELOPMENT AUTHORITY DATE: March 5, 2021 TO: Jay Tibbs Deputy County Administrator FROM: Patrick Barker, CEcD Executive Director RE: Changes to Federal Metropolitan and Micropolitan Statistical Area Standards At their March meeting, EDA discussed a proposal found in the Federal Register to change the definition of a Metropolitan Statistical Area (MSA) from 50,000 people to 100,000 people. With this change 144 communities would lose this designation. The Winchester/Frederick County region is one of these 144. While the population of the Winchester, VA-WV MSA exceeds 50,000, the Office of Management and Budget uses the population of an urban area's Core Based Statistical Area to qualify an MSA. By their current definition, a Core Based Statistical Area must include one urbanized area of 50,000 or more population, plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties. The Winchester, VA-WV MSA's current Core Based Statistical Area population stands at 69,449. While it has been stated the proposed changes are for "statistical purposes only," most believe it will adversely impact grants and program funding for communities that fall outside the new MSA standards. In addition, we also know that it will impact our economic development/retail development efforts in a negative way. Real estate developers and industrial site selectors study are often used MSAs when examining locations. The EDA Board voted to provide comments to the Federal Register in opposition of this change. A draft copy of those comments is attached. Comparable action by the Board of Supervisors is desired by the EDA Board, should that be deem appropriate. The deadline to submit comment to the Federal Register is March 19tH EDA staff is working to spread the awareness of this proposal, so the Office of Management and Budget understands the broad and significant impacts this change would have across the country, particularly in the greater Frederick County, VA region. YOUR MOVE.OUR COMMITMENT 45 E.Boscawen St.Winchester.VA 22601 0 540-565-0973 0 YesFrederickVA.corn 28 Frederl"' ekVAS ECONOMIC DEVELOPMENT AUTHORITY March 4, 2021 Dominic J. Mancini Deputy Administrator Office of Management and Budget 725 17th St. NW Washington, DC 20503 Re: Public Comment Regarding Recommendations from the Metropolitan and Micropolitan Statistical Area Standards Review Committee to the Office of Management and Budget Concerning Changes to the 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas Dear Mr. Mancini, Please consider this letter formal public comment in response to the Office of Management and Budget (OMB) proposal to change metropolitan and micropolitan statistical area standards. The most noteworthy change would increase the minimum urban area population from 50,000 to 100,000 to qualify areas as metropolitan statistical areas (MSA). If the change is implemented by OMB and the Census Bureau, the Winchester, VA-WV MSA, which includes Frederick County, VA, will no longer be considered an MSA. The Economic Development Authority of Frederick County respectfully opposes the OMB proposal to change the minimum urban area population to qualify as a Metropolitan Statistical Area from the current 50,000 to the proposed 100,000. The federal register notice published on January 19, 2021 and its associated appendix did not identify any specific purpose for the proposed change. The only possible justification offered from the 2010 Metropolitan and Micropolitan Statistical Area Standards Review Committee, in the appendix of the federal register notice, simply stated that it was observed that the United States had increased population 2.2 times since 1950 while the population threshold to qualify a Metropolitan Statistical Area had not. The proposed 100,000 population threshold recommended appears arbitrary and not based on any quantifiable or statistically valid reason. If the doubling of the country's population was justification enough to change the metropolitan statistical area standards, one might have assumed recommendations for change should have occurred at that point rather than waiting another 20 years for this proposal. The federal register notice is careful to point out that, "OMB does not take into account or attempt to anticipate any public or private sector nonstatistical uses that may be made of the delineations." MSA delineations are often used to establish eligibility for certain grant programs, or as an element in program formulas and matching requirements. If a statute mandates a particular program use of metropolitan area designations, the department or agency administering the program has no choice but to apply the designations in accordance YOUR MOVE.OUR COMMITMENT 45 E.Boscawen St.Winchester.VA 22601 0 540-565-0973 0 Yes Frederick VA.corn 29 Page 2 of 2 Public Comment Regarding Recommendations from the Metropolitan and Micropolitan Statistical Area Standards with law. An example of one main funding sources frequently cited as being affected by MSA designations is the Department of Urban and Housing Development (HUD) community development block grants. To provide necessary services to residents and businesses of Frederick County, VA, a variety of federal funding programs are received for which metropolitan and urban area statistical status is a qualification. If the Winchester, VA-WV MSA is no longer defined as an urban area or metropolitan statistical area, many programs may go away that support low and moderate- income persons, public transportation, public health and transportation planning and programming. The financial impact to our community, in relation to this change, could result in losses of significant dollars annually. Real estate developers and industrial site selectors study population movement, spending patterns, unemployment rates, per capita income and housing patterns. MSA designations are often used as a benchmark in such studies. For job creation, industry recruitment and community identity, it is important that the Winchester, VA-WV MSA, which includes Frederick County, VA, retain the MSA designation. The loss of the MSA designation could have a detrimental impact on growth and economic development in the Frederick County, VA. The Winchester, VA-WV MSA has grown from a population of 104,508 in 1990 to an estimated population of 118,100 in 2020. It is the second fastest growing metropolitan area in the State of Virginia. The risk to vital services within our community, our state, and the millions of impacted Americans across this country far outweigh any limited statistical value that might be gained from this proposal. We urge you not to adopt the recommendation of the Metropolitan and Micropolitan Statistical Area Standards Review Committee to increase the minimum urban area population to qualify as a Metropolitan Statistical Area from 50,000 to 100,000. Sincerely, Doug Rinker Chair, Frederick County Economic Development Authority 45 E.Boscawen St.Winchester,VA 22601 0 540-665-0973 • YesFrederickVA.com 30 o r a a > 3 � M > V f E u > oo u u 3 3 3 E 3 3 v' o a o m m Ln ao 21 a o a 0 75 a a a O - (6 Z � o Z N N .� No u o o N wl a o = d Y u N O 0 a _ Q >+ c a _ p12 D N O Q V 3J J (DLL - 0 IV In a LL 3 c N @ m 4-J Q3 � a @ fr D o c oc fu 3 s o p .. u Y N U N 4 - O O � C ( 8 J w Q o W ) Q � d o O @ o p.s Z Q c m p° 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: County Officials Title: Local Procurement Initiative John Fox, Top of Virginia Chamber of Commerce Attachments: BOS03-10-21 TVRC_LocalProcurem entInitiative.pdf 32 -I-OP M/ImARMOtlic REGIONAL CHAMBER 407 S. LQUDDUN STREET (540) 662.4118 WINCHESTER. VA 22601 (540) 722.6365 fax Attention: Kris C.Tierney, County Administrator, Frederick County, VA Local Procurement Initiative by the Top of Virginia Regional Chamber The Top of Virginia Regional Chamber asks for a commitment from the City of Winchester, Frederick County, and Clarke County,Virginia,to purchase and procure as many products and services as possible from our local businesses. Our goal is to support local businesses by keeping money in our local economy in addition to generating more taxes from those purchases. Hopefully,we will also see positive impacts in creating additional employment opportunities and the financial and social benefits of those positions. We understand that there are many established relationships with vendors and service providers. We are also aware that you have requirements from the Commonwealth of Virginia.We do not wish to make it difficult for the purchasing and procurement departments to function. We ask that whenever there is an opportunity to utilize a local resource or business,they are explored. We do not expect local businesses to be awarded business or contracts because of their geographic location.The local business must be competitive in pricing and quality of the products or services they provide compared with other vendors. We would ask that whenever a local business option is utilized in lieu of an existing outside provider,the agency notify the TVRC to congratulate and celebrate the achievement. We would like to promote this initiative through the local newspapers, all TVRC media outlets,and local government releases. Respectf d19-? Joh ox, Executive Committee Chair i Cynthia Schneider, CEO Providing programs and services to meet the business and professional needs of our members. SERVING CLARKE-FREDERICK •WINCHESTER Z Let's Connectl * nn **(j) 33 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: County Officials Title: Committee Appointments Historic Resources Advisory Board Unexpired 4-year term of Gainesboro District Rep. ending 06/12/21 See attached application of Dana Newcomb Planning Commission 4-year term of Shawnee District Rep. Elizabeth Kozel expires 04/28/21. Ms. Kozel is eligible and willing to serve another term. Attachments: BOS03-10-21 Board Comm itteeApptsRedacted.pdf 34 r r COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: March 4, 2021 RE: Committee Appointments Listed below are the vacancies/appointments due through April 2021 . As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. MARCH 2021 Conservation Easement Authority Bryan J. Green — Frederick County Representative 504 Heishman Lane Winchester, VA 22602 Phone: (540)877-1844 Term Expires: 03/14/21 Three-year term (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) APRIL 2021 Planning Commission 35 Memorandum — Board of Supervisors March 4, 2021 Page 2 Robert S. Molden — Opequon District Representative 230 Dependence Lane Middletown, VA 22645 Home: (540)869-3994 Term Expires: 04/07/21 Four-year term Elizabeth D. Kozel — Shawnee District Representative 300 Covey Lane Winchester, VA 22602 Office: (540)323-2024 Term Expires: 04/28/21 Four-year term (Elizabeth Kozel is willing to continue serving.) Frederick Water Board of Directors Tom Simon — Frederick County Representative 2130 First Street Middletown, VA 22645 Home: (540)869-3821 Term Expires: 04/15/21 Four-year term (Frederick Water Board of Directors is composed of five members as stated in their Articles of Incorporation. Members serve a four-year term and are eligible for reappointment.) VACANCIES/OTHER Historic Resources Advisory Board David O'Neil — Gainesboro District Representative 161 Harrelson Place Winchester, VA 22603 Phone: (540)722-8955 Term Expires: 06/12/21 Four-year term (See Attached Application of Dana Newcomb.) 36 Memorandum — Board of Supervisors March 4, 2021 Page 3 Social Services Board Ryan C. Shaw — Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 Phone: 877-4978 Term Expires: 06/30/20 Four-year term (Mr. Shaw has moved from Red Bud District.) (The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large. Members serve a four-year term and are limited to two consecutive terms.) AWP/tjp Attachment U:\TJP\committeeappointments\MmosLettrs\Board CommitteeAppts(03102021 BdMtg).docx 37 1234g�,� 4b $%9 N IR EI 3, j MAR 2U21 N INFORMATIONAL DATA SHEET FORireaen`ctrc0(mfy w Adminr�frafo' office '14� FREDERICK COUNTY BOARD OF SUPERVISORS A E''� . 0; COMMITTEE APPOINTMENTSr�ZpZ61.B�'�� Please provide the following information for review by the Board of Supervisors regarding your interest is serving on Historic Resources Advisory Board . Please print clearly if filling out by hand.Thank You. Name: Dana L,Newcomb Home Phone: 540-722-4655 Address: 2691 Hunting Ridge Road Office Phone: NA Winchester,VA 22603 Cell/Mobile: 111m- Fax: NA Employer: Retired Email: newvcombdanal@gmail.com. Occultation: Communications Systems Engineer Civic/Community Activities: NA Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes:X No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No:X Explain: Additional information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): Resume Attached. As an aside,I have spent many years studying Civil War battles,particularly as they pertain to the Louduon and Shenandoah Y on of books and magazines on the topic. Applicant's Signature. Date: 0 ©2 Z t;Z.r ran� w� Nominating Supervisor's Comments: Please submit form to; Frederick County Administrator's Office 107 North Dent Street Winchester,VA 22601 or email to; tprice@fcva.us or jtibbsgfcva.us (08/4672420) 38 Dia L. Newcomb 2691 Hunting Ridge Road Wmchester.VA 2.2603 (540)7 -4655(l H); dlneweom ao_CM Summary of Quelifi"tions: Successful forty-dhree year career in positions of increasing responsibility in military command/operations and civilian op erations/prog.€am management/systems engineering,to include 2417 operations center management and oversight of and responsibility for administrative and logistical operations. Extcasive experience manages the planning,scheduling,operations,mamtenance,logistics and training,of organizations encompassing over 100 personnel and millions of dollars in equipment. 39 Dana L. Newcomb 2691 hunting Ridge Road Winchester VA 22603 (540)722-4655 ft, dlnewcom J oaX001 Security Clearances,U.S.Cdazea Cleared.DQD TOP SECRET.TS/SCI based on SSBI 2002,FPR APR 28,2008 Education: PhD_Coursework,Information'Technology,George Masan University M.B.A.,George Washington University,ConcenUation_Procurement and Coutraeting M.S_,Industrial Engineering,New Mexico State University,Coneentration:ORSA B.S.,Science and En ecri a,United States Military Academy,Concentration Math EE U.S-Army Command and General StaffCollege U.S.Army,SWC,Civil Affairs Officer Advanced Coarse U.S.Array Signal Officer Advmced Course U.S.Arany Signal Officer Basic Cmuse Contig Educatinrt. SANS,SEC 401,Security Essentials FAA Investment Analysis Workshop Fundamentals of Video and Multimedia Internetworking with Bridges and Routers U.S.Array Electronic WarhmOffieWs Course Distributed Processing Computer Network Design and Protocols Professional Cerifficatzow Licensed Professional Engineer(expired) Corporate Afliliiatiow.- FemmeComp,Inc.,May 2009 to Aug 2013 Benchmark International,Inc.,Feb to May 2009 Eagle Network Solutions,2009-2009 Northrop Grumman,2001-2008 TRW,1998-2001 BDM Engineering Services Company, 1994-1998 BDM Federal,Inc.,1993-1994 BDM International,Inc., 1984-1992 BDM Management Services Company,1982- 1984 Tl►e BDM Corporation,1980—1982 Virgin State Defense Farce,2008-2012 National Grand,1995-1989 U.S.Army Reserve_1980 198.5,1989-2001 U.S.Array,1970-1.980,1990_1491 40 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: County Officials Title: Request from the 26th Judicial Circuit for Use of the Board Meeting Room for Jury Selection Attachments: BOS03-10-21 Req uestBdRoom UseJurySeIection_Redacted.pdf 41 .p COUNTY of FREDERICK Office of the County Administrator "a Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Board of Supervisors From: Ann W. Phillips, Deputy Clerk Date: March 4, 2021 Re: Request from the 26th Judicial Circuit for Use of the Board Meeting Room for Jury Selection Attached is a letter from Judges Iden, Madden, and Eldridge requesting the regular use of the Board Meeting Room for jury selection. The request is for all-day (8:00 a.m. until 5:00 p.m. or later if possible)use approximately two to three days a week until the COVID-19 crisis has abated or until another location can be found. Staff reviewed current room reservations to determine the availability of the meeting room. The attached list shows the availability for use by other than the normal users and indicates whether meetings have been relocated to accommodate the request from the Court. Note that most Wednesdays are excluded from availability because of regular meetings of the Board and the Planning Commission. If the Board desires to assist the Court with this request, some rescheduling and relocating of meeting groups would likely be necessary but the request can be accommodated. Staff is seeking guidance from the Board to respond to this request. 107 North Kent Street•Winchester, Virginia 22601 42 The Board of Supervisors meeting room is tentatively open (some reservations would have to be moved to another room here) on the following days: March 8 March 9 (moving Voter Registrar oaths) Wir�4 BOS meeting March 11 open at 10:30am, Social Services at gam ind moving Voter Registrar oaths) March 12 open at 10am, HR Committee 8-10am March 15 March 16 open 8am-1 pm, BZA at 3pm AAar�T PC meeting March 18 March 19 March 22 open 10am, Transp. Comm meeting 8-10am March 23 AA�r�U BOS meeting March 25 March 26 March 29 March 30 March 31 April 1 April 2 April 5 April 6 ApP4 :7 PC meeting April 8 April 9 open 10am, HR Comm 8-10am April 12 April 13 ApF4 14 BOS meeting April 15 April 16 April 19 April 20 open 8am-1 pm, BZA at 3pm ApP4 21 PC meeting April 22 (moving bOE Hearings) April 23 (moving BOE Hearings) 43 April 26 open 10am, Transp. Comm meeting 8-10am (and moving BOE Hearings) April 27 (moving BOE Hearings) ""� BOS meeting April 29 (moving BOE Hearings) May 3 (moving BOE Hearings) May 4 'moving BOE Hearings) May 5 PC meeting May 6 May 7 May 10 May 11 May 12 BOS meeting May 13 open 10:30am, Social Services 9-10:30 May 14 open 10am, Transp. Comm meeting 8-10am May 17 May 18 open 8am-1 pm, BZA at 3pm May 9 PC meeting May 20 May 21 May 24 May 25 open 8am-11am, Officer of Election Training noon-5pm May 6 BOS meeting May 27 open 8am-11am, Officer of Election Training noon-5pm May 28 open 8am-11am, Officer of Election Training noon-5pm 44 COMMONWEALTH OF VIRGINIA ALEXANDER R. IDEN,JUDGE a�kt'�y, CIRCUIT COURTS OF JUDICIAL CENTER CLARKE, FREDERICK,PAGE, S NORTH KENT STREET "I ROCKINGHAM, SHENANDOAH WINCHESTER,VIRGINIA 22601 7' R AND WARREN COUNTIES =� (540)667-5770 AND CITY OF WINCHESTER TWENTY-SIXTH „JUDICIAL CIRCUIT March 1 , 2021 3 ' °� aR ZUL1 , is Imp M�etckCo+ c ate •_tita�°t Charles S. DeHaven, Jr., Chairmand � Frederick County Board of SupervisorsZ,�� ox$ti�r Frederick County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Chairman DeHaven, Please accept this as a formal request of the Frederick County Board of Supervisors for the use of their boardroom as indicated herein. As a result of the Covid-19 crisis, the Virginia Supreme Court in March, 2020, declared a moratorium on all jury trials in Virginia. No jury trial could proceed in any Virginia jurisdiction until the Virginia Supreme Court approved the circuit court plan for that jurisdiction. Enclosed please find the approved joint plan for Frederick County and Winchester (Joint Jury Plan). No space in the Joint Judicial Center (JJC) is big enough to accommodate and socially distance the approximately fifty people at a time necessary for jury selection (voir dire). The JJC therefore contracted with the owners of the former Winchester Star building to use space across the street in their building (the Star Building). As you can see in footnote 1 on pages four and five of the plan: "The City of Winchester, as fiscal agent for the JJC, has leased space at the Star Building, across the street from the JJC, for jury selection. Effective March 1, 2021, the lease will be on a month to month basis. Should the Star Building no longer be available, comparable space with the same restrictions and cleaning requirements will be used." 45 Charles S. DeHaven, Jr., Chairman March 1, 2021 Page 2 Jury trials are set to begin in Frederick County and Winchester on March 22, 2021. We have not received any notice of termination of our month to month lease at the Star Building. However, we must begin planning our alternative comparable space for jury selection. To that end, we request usage of the Frederick County Board of Supervisors room and smaller boardroom for jury selection. Given its proximity to the JJC, the Board of Supervisors room would be ideal from a security and citizen convenience point of view. In addition to requirina social distance spacing, guidance from the Supreme Court stressed the importance of protecting potential jurors from contagion from the masses of people who flood the JJC each day. The boardroom provides direct access from the outside. Of course, security and Covid measures are required prior to entry to protect both potential jurors and county administration users (see pages 7-9 of the Joint Jury Plan). The Frederick County bailiffs have assured us that they will be available at all times when we are using the boardroom. We would need the space from 7:30 a.m. to 5:00 p.m., approximately two to three days each week. If the Board approves our request, we can send the detail of the days involved. If no Board activity is scheduled after 5:00 p.m. on a given day, we would prefer the option to use the space until 7:00 p.m. as this option would cause less citizen inconvenience and shorten the number of days required for the trial. We do not know how long we will need the space. The jury plan for Frederick County and Winchester will "remain in effect in accordance with orders from the Supreme Court of Virginia and will not be rescinded until any such order from the Supreme Court of Virginia." If we structured the use such that the Board could give us sixty days notice, we would have time to find another, albeit less desirable space. The Constitutions of the United States and Virginia guarantee both the separation of governmental powers and the right to a fair and speedy 46 Charles S. Del-laven, Jr., Chairman March 1, 2021 Page 3 trial. Thank you for your kind consideration of this important request from one branch to another on behalf of the citizens that we serve. Res ectfull , Brian M. Madden u ge William W. Eldridge, Judge ARlcd Cc Kris C. Tierney, Frederick County Administrator Daniel C. Hoffman, Winchester City Manager Lenny,,Mill-holland, Sheriff of Frederick County Les Taylor, Sheriff of the City of Winchester Rebecca Hogan, Clerk of the Circuit Court of Frederick County William Gardner, Clerk of the Circuit Court of the City of Winchester 47 Plan for Safe Conduct of Jury Trials in the City of Winchester and Frederick County In creating this plan, the presiding judges consulted with one another, Colin M. Greene,M.D., MPH, Lord Fairfax Health District Health Director,Meredith Davis,MPH, District Epidemiologist for the Lord Fairfax Health District,the local sheriffs, facilities managers,court reporter, departments of emergency services,attorneys,and clerks of court. The judges considered the resources and guidance provided by OES and the CDC,as well as relevant factors,including those set forth in paragraph 16 of the Supreme Court's Sixth Order Extending Declaration of judicial Emergency in Response to Covid-19 Emergency. 1. Winchester-Frederick County joint judicial Center A. Personal Protective Equipment 1. Masks: All individuals entering the courthouse will be required to have masks or facial shields that cover their noses and mouths. If individuals do not have their own masks,they will be provided by the locality's (Winchester or Frederick County respectively) department of emergency services. Facial shields will be provided by the maintenance nance department of the JJC. The CDC does not recommend the use of face shields as a substitute to masks. However wearing a mask may not be feasible in certain situations,e.g. for those who are deaf. Accordingly,for individuals who must wear a facial shield the CDC recommends either a hooded face shield or a face shield that wraps around the side of the wearer's head and extends below the chin. Face shields will be used in line with the CDC's guidance, including hand washing before putting on and after removing the face shield,using disposable face shields only one time before disposing of them according to manufacturer's instructions,and cleaning and disinfecting reusable face shields according to manufacturer instructions. See https://ww�v.cdc.,gov/coronavirLLS/2019-ncov/prevent- ­,etti qg-s ick/cloth-face-cover-guidance.html#.face-sh ields. The default is that all persons are wearing face masks at all times. In exceptional circumstances,for a limited amount of time,and only with the Court's permission,a person may be un-masked so long as they are 10 feet or more from all other persons. Wearing masks while speaking is important to stop the spread of the COVID-19 virus. All participants will be wearing masks at all times,except in exceptional,limited circumstances. a. jurors will maintain social distancing of six feet at all times,jurors will wear masks. b. Witnesses will maintain social distancing of six feet at all times. Witnesses will wear masks. c. Lawyers will maintain social distancing of six feet at all times. Lawyers shall remain behind a lectern or at counsel table during the course of 1 48 the trial and may not approach the bench,the jury,or the witness without leave of court for good cause shown. Lawyers will wear masks. If face coverings impair the ability of a lawyer and his client to communicate at counsel table (and alternative methods of communication such as nate-writing,texting between devices,etc.,are unavailable or insufficient),the Court will permit counsel whatever recesses are necessary for the purpose of facilitating private communication. The Court expects counsel to maintain social distancing with co-counsel and his or her client at all times. d. The judge will maintain social distancing of six feet at all times. The judge will wear a mask throughout the course of the trial If the judge must remove his mask to be better understood, he will maintain 10 feet of distance between himself and others as required by VDI-Iguidelines. e. All other participants, including those in the spectator/media courtroom will maintain social distancing of six feet and wear a mask at all times. 2. Gloves: Exhibits will not be published individually to the jury during the trial except under special circumstances. At any time that jurors come in contact with exhibits, including after closing argument in the jury room, jurors will be provided with disposable gloves for the handling of exhibits and be provided with specific instructions on the proper protective use of gloves. Such gloves will be provided by the locality's (Winchester or Frederick County respectively) department of emergency services. 2 49 B. Sanitation Procedure 1 All touchable surfaces in the courthouse will be cleaned at least daily using an approved List N disinfectant. 2. High-touch will be cleaned every two hours at a minimum. High-touch surfaces include but are not limited to: witness boxes, chairs,photographs and non-paper exhibits,doors to the building, restrooms (and stalls), courtrooms and jury rooms, tables,railings in stairwells,and elevator buttons. C. Prescreen of Prospective jurors 1. How the court and clerk will adapt the number of jury summonses to send out. a. juror turnout yield is usually in the ninetieth percentile. Normally thirty potential jurors are summoned for felony jury trials and twenty for misdemeanor and civil jury trials. b. In order to adapt to retrieve a sufficient jury pool in light of COVID-19 concerns, for each felony jury trial,at least eighty jurors shall be summoned. For civil jury trials and misdemeanor appeals,at least thirty jurors will be summoned. The expected juror turnout yield is expected to remain in the ninetieth percentile. 2. Each jurisdiction has,throughout the Period of judicial Emergency, continued to summon jurors as usual and leave a message on the jury answering machine that specific jury trials have been cancelled. The Clerk shall post the requirements of this plan on the website and send a prescreen questionnaire based on the VDH guidelines for screening,along with a description of the Court's efforts to mitigate the spread of COVID- 19, to each of the potential jurors with the following questions(hereafter referred to as the PRESCREENING QUESTIONS): Have you,within the previous fourteen days: a. Traveled more than 100 miles from Winchester; b. Been directed to quarantine,isolate,or self-monitor; c. Been diagnosed with;have had contact with anyone who has been diagnosed with COVID-19; or have personally experienced fever, cough, or shortness of breath;or d. Resided with or been in close contact with any person in the above- mentioned categories? e. Have you been tested for COVID-19 and are awaiting test results? f. Are you currently experiencing,or have you experienced in the last 14 days,a fever,cough,or shortness of breath that you cannot attribute to another health condition? g. Within the last 14 days,have you had or do you currently have any of the following symptoms that you cannot attribute to another condition: fever or chills,cough, shortness of breath or difficulty breathing, 3 50 fatigue, muscle or body aches,headache, new loss of taste or smell, sore throat,congestion or runny nose, nausea or vomiting,diarrhea? h. Do you currently have a fever of 100.4 or higher that you cannot attribute to another health condition? i. Have you been in close proximity to anyone who was experiencing the above listed symptoms in the last 14 days? 3. The Clerk shall call to the attention of the presiding judge the name of any juror who answers any of the foregoing questions with a positive response for exclusion from jury duty.juror excuses shall be liberally granted by the presiding judge. The clerk will continue to summon jurors to make up for the resultant loss of potential jurors. 4. Age 65 or above: the Health Director notes that the majority of COVID deaths in Virginia have been of persons over the age of 65.Accordingly,in addition to notice of the provisions of Virginia Code § 8.01-34 1.1 that persons over the age of 70 are statutorily exempt from jury service in all civil and criminal cases upon their request, the Clerk shall provide notice that all persons over the age of 65 will be exempt from jury service in all civil and criminal cases upon their request. 5. Those in high-risk categories as defined by the CDC will be excused from jury service. This includes those with: cancer,chronic kidney disease, chronic obstructive pulmonary disease, heart conditions, such as heart failure,coronary artery disease, or cardiomyopathies,immunocompromised state from solid organ transplant, severe obesity (BMI>40 kg/M2), pregnancy, sickle cell disease,smoking, type 2 diabetes mellitus. Further, the self-screening will inquire if the potential juror cares for someone at higher risk,if high-risk persons live in the individual's household,if the individual is a sole caretaker,if childcare is available, if the individual interacts with high risk persons for work and if the individual works in a long term care facility or other healthcare environment. D. Paths of Travel, Social Distancing,and Remote Viewing 1. One at a Time: Only one jury trial will occur at a time at the JJC. Criminal jury trials will take precedence over civil jury trials. in general,as between Winchester and Frederick County,jury trials will be scheduled on a first come first served basis. The Clerks of the two circuit courts will routinely confer to maintain the unified jury trial docket. Should a scheduling conflict occur involving speedy trial or other time sensitive issues,the judges shall confer to resolve the conflict. 2. Courtroom 3A will be the site of the jury trial. Voir dire will be at the Star Building'. The City of Winchester,as fiscal agent for the JJC, has leased space at the Star Building,across the street from the JJC,for jury selection, Effective March 1,2021,the lease will be on a month to month basis.Should the Star 4 51 a. The Jury will be seated in the gallery. Counsel tables will be arranged facing one another and perpendicular to the bench. Plaintiff or Commonwealth will be on the west and Defendant will be on the east. If face coverings impair the ability of a lawyer and client to communicate at counsel table (and alternative methods of communication such as note-writing,texting between devices,etc.,are unavailable or insufficient) the Court will permit counsel whatever recesses are necessary for the purpose of facilitating private communication.The Court expects counsel to maintain social distancing with co-counsel and client at all times. b. -Six foot social distancing will be maintained at all times. Gallery seating will be marked off with tape to assist in social distancing. c. in a criminal case,the victim will be seated in an appropriate location within courtroom 3A unless the court determines,in its discretion, pursuant to Virginia Code § 19.2-265.01 that the presence of the victim would impair the conduct of a fair trial. d. The JJC will provide a projector,screen,and microphones for use at the back of the courtroom. Counsel may stand at and speak from the back of the room during publication of an exhibit by projector or during their examination or cross-examination regarding such an exhibit. Any exhibit that can be published electronically by projecting will be. Otherwise, individual exhibits will be provided to each juror. If an exhibit cannot be reproduced or duplicated,it will be placed on a table and jurors will be allowed to walk to the table one at a time to view the exhibit. Gloves will also be-provided and used in compliance with VDH and CDC guidelines. e. All jury trials are anticipated to be multi-day trials. In scheduling jury trials, counsel and the court will double any estimate they would otherwise have for the length of the trial. f. The courtroom will be appropriately arranged for six foot social distancing at all times and so that the jury,judge,counsel,criminal defendant,civil litigants, court reporter,clerk,bailiffs,and witnesses can see and hear. See attached diagram of the courtroom.jury selection will begin at 8:00 a.m. on the first day of the trial. The presiding judge shall otherwise determine court hours for each day of the trial. g. juries will include at least three alternates. h. Voir dire will be conducted at the otherwise vacant former Winchester Star building (Star Building) located across the street from the JJC at 2 North Kent Street, Winchester,VA. Strikes for cause shall be argued and ruled upon after voir dire of each panel.jurors not struck for cause will be released and instructed to return at a designated time to the Star Building with a strict admonition not to discuss the case with anyone. Once a sufficient number of individuals free from strikes for cause have been identified to accommodate the requisite number of Building no longer be available,comparable space with the same restrictions and cleaning requirements will be used. 5 52 jurors for a trial plus three alternates,the remaining panels shall be released. i. The air handing (HVAC) unit that serves the courtrooms at the JJC is located in the penthouse. Pleated filters are changed quarterly by a contracted vendor. j. At the Star Building,there are two air handing (HVAC) units serving the areas where jury assembly will take place. These filters are changed quarterly by the building owners contracted service provider. k. Given the ample space for social distancing at the Star Building, witnesses may be briefly escorted into the Star Building in groups of no greater than 7 at a time,during voir dire, to determine if any of the potential jurors know them. Witnesses will always wear masks.. Alternatively,counsel may prepare a poster size picture or an electronic image of each witness for physical display or projector display during voir dire. 1. Recesses will occur at least every two hours for complete cleanup of high-touch surfaces and to permit jurors and participants to wash hands. m. No sidebars will be conducted at the bench.The jury shall refire to the jury room when the judge considers any matters which would otherwise be taken up as a sidebar intended to be outside of the hearing of the jury. n. Ample hand sanitizer will be placed throughout the courtroom,jury room,and remote viewing room. o. jurors will be provided multiple copies of the jury instructions at the time that the judge reads them aloud to them and when they retire to the jury room to deliberate. p. Prior to the commencement of court each day,bailiffs will check the temperature of all persons entering the courthouse, including the judge,ask the PRESCREENING QUESTIONS,and inform the judge of anyone who answers yes or has a temperature of 100.4 F or greater. Such person shall be denied entry. q. Each day of trial,the court will make the inquiry set forth in the "Prescreen of Prospective jurors" of all persons entering the courthouse prior to entry using the PRESCREENING QUESTIONS. Those who answer yes to any question will be denied entry. Any person ever answering "yes" to the PRESCREENING QUESTIONS or having a fever of 100.4 or above will be denied entry. If the person prohibited from entering is a necessary party or witness,the court will make accommodations through Polycom,WebEx,or continuances. 3. Courtroom 3B will be the jury room. a. Prior to every break,the jury will be instructed to maintain social distancing of six feet in the jury room and to wear masks or face shields. Courtroom 3B will be marked off with tape to ensure physical social distancing. 6 53 b. Behind courtrooms 3A-3DI the JJC has three regular jury rooms with a total of four restrooms,each of which can only accommodate one person at a time. These restrooms shall be for the exclusive use of the jurors and shall be regularly cleaned throughout the trial in line with the cleaning protocols for the rest of the courthouse,with restrooms being cleaned as part of the daily cleaning of all surfaces in the courthouse,and high touch surfaces in the restrooms being cleaned every two hours. c. Bailiffs,standing in the hallway between Courtroom 3B and the regular jury rooms shall monitor the jury room restroom usage to ensure that no line forms and that six foot social distancing is maintained when jurors are waiting to use the rest room. 4. Courtroom 3D will be used for the other jurisdiction's regular criminal docket. If the jury trial is a civil one, courtrooms 3D and 3E will be used for each jurisdiction's regular criminal docket. 5. Courtroom 3F or 3E will be the remote viewing room for the media and spectators. The JJC will provide a close circuit link to courtroom 3F or 3E to view the proceedings in courtroom 3A. No video or audio recordings shall be made of the proceedings other than the audio recordings made by the court reporter. Social distancing will be maintained in this room using and the room will be cleaned in line with the cleaning protocols in place for the courthouse generally. The rooms involved will be marked off with tape to assist in social distancing. Bailiffs and clerks will I enforce social distancing. Everyone in courtroom 3F or 3E will maintain six foot social distancing and wear a mask at all times. E. juror Check-In,Assembly,and Grouping will occur at the former Winchester Star Building. 1 jury selection will begin at 8:00 a.m. on the first day set for the trial.The presiding judge shall otherwise determine court hours for each day of the trial. 2. jury check-in,assembly and voir dire for all criminal and civil jury trials shall take place at the Star Building. 3. Initial clean-u*p and regular cleaning of the space used by the courts at the Star Building will be arranged under the CARES Act with the City of Winchester as the fiscal agent in line with the cleaning protocols in place for the courthouse, including the cleaning of all surfaces once a day and the cleaning of high touch surfaces every two hours. 4. The 3,856 square foot room (ceiling height of 16 feet) established for jury selection at the Star Building will be furnished with chairs for potential jurors by the City of Winchester. Spaces will be marked on the floor for the chairs to be socially distanced by at least 6 feet. Potential jurors are strictly prohibited from moving the chairs from their appointed spots. 7 54 5. Male and female restrooms are available immediately adjacent to the jury selection room at the Star Building. Additional restrooms are available if necessary at the JJC across the street. 6. Motions to strike jurors for cause will be taken up outside the presence of the potential jurors in another smaller,but capable of social distance space in the Star Building,to which the presiding judge, counsel,bailiffs, any criminal defendant,and the court reporter shall remove for that purpose. Upon the resolution of the motions to strike for each panel,the presiding judge, counsel,bailiffs,any criminal defendant,and the court reporter shall return to the jury panel room at the Star Building for the presiding judge to give further instruction. 7. juries Will include at least three alternates. 8. Tables will be set up at the Star Building for the judge,counsel,and a court reporter. 9. Bailiffs will check each potential juror's temperature. Each potential juror will be asked the PRESCREENING QUESTIONS. Any person answering yes to any of the PRESCREENING QUESTIONS will be denied entry and the Clerk shall immediately excuse any potential juror who answers yes to any screening question or with a temperature of 100.4 F or greater. 10. All stages of jury selection will take place at the Star Building. Doing so adds a layer of Covid protection to the potential jurors as they will not come in contact with other visitors to the JJC.jurors who are not selected for a particular jury will not even need to enter the JJC.The jury will not be sworn until its arrival in courtroom 3A. 11. Potential jurors will be examined in panels with staggered reporting times. 12, For Winchester trials,the Winchester Sheriff's Office will provide weapons screening and security at the Star Building. 13. For Frederick County trials,the Frederick County Sheriff's Office will provide weapons screening and security at the Star Building. 14. Once the jury has been selected,the jury will be escorted across the street by the appropriate Sheriffs Office and through the private entrance into the JJC at the north side of the building.The jurors will be escorted to courtroom 3A where the trial will commence upon their swearing in. 15. Each morning of trial and after every luncheon recess,the jury will check- in at the Star Building. 20nce the jury is fully assembled, it will be escorted across the street by the appropriate Sheriff's Office and through the private entrance into the JJC at the north side of the building to the jury room (courtroom 313). Should the Star Building no longer be available,check-in for selected jurors and alternates will take place after each recess at the north entrance to the JJC. 55 16. Food will not be provided to jurors. jurors may bring their lunch but may not eat their lunch in the JJC.jurors may leave the JJC for luncheon recesses. 17. The JJC has a very small elevator and a set of stairs near its north side entrance. Only one person will be allowed to use the elevator at a time. High-touch services within the elevator will be cleaned/disinfected after each elevator use. High-touch areas within the stairwell will be cleaned/disinfected after each arrival and departure to the JJC by the jury. 18. Having a dedicated juror entrance to the JJC protects the jury from coming in contact with other visitors to the JJC. See OES "Guidance and Considerations for the Resumption of jury Trials,"June 29, 2020, page 17, paragraph IV(B)(i)(3). 19. Each day of trial,bailiffs will check each juror's temperature and ask the PRESCREENING QUESTIONS. The Clerk shall immediately inform the presiding judge if any juror who answers yes to any screening question or has a temperature of 100.4 F or greater and the juror will be denied entry. 20. For each felony jury trial,at least eighty jurors shall be summoned. For civil jury trials and misdemeanor appeals, at least thirty jurors will be summoned. 21. As there is ample space at the Star Building,witnesses may be lined up at the Star Building to determine if any of the potential jurors know them. 22, jurors will wear masks during voir dire and at all times during trial.As previously mentioned,the Court expects to permit individual jurors to lower a face covering briefly if requested by counsel,while ensuring proper social distancing of at least 10-feet from all other persons. 23. Signs will be posted on each floor of the JJC, in the jury room (courtroom 3B), and in each restroom noting: that all persons are required to wear masks at all times ,a social distance of 6 feet must be observed at all times, and that all persons must wash their hands at least every two hours. F. Juror-Excuse Based on COVID-19 Symptoms,Etc. 1. For potential jurors who seek to be excused prior to their appearance at court based on COVID-19 symptoms, exposure, and related health concerns,the potential juror shall provide to the Clerk a detailed oral request regarding their C OVID-19 symptoms,exposure, and related health concerns. Such request shall include answering the PRESCREENING QUESTIONS. For Winchester trials,the Clerk of the Court for Winchester will be the contact person for all potential jurors, excusal requests, and the public. For Frederick County trials,the Clerk of the Court for Frederick County will be the contact person for all potential jurors,excusal requests, and the public. 2. juror excuses shall be liberally granted by the presiding judge. 9 56 G. Procedures for Persons Developing Symptoms i 1. Should someone involved in the trial or a person at the JJC or Star Building develop symptoms of Covid-19 or test positive for Covid-19. The known symptoms of Covid-19 are: Fever or chills; Cough; Shortness of breath or i difficulty breathing;Fatigue;Muscle or body aches; Headache;New loss of taste or smell; Sore throat; Congestion or runny nose;Nausea or vomiting; and Diarrhea. i 2. If a juror develops any of these symptoms or tests positive for Covid-19, they shall inform the bailiff,who shall immediately inform the presiding judge.The judge will immediately excuse the juror from further service on the jury. The judge shall then convene the parties outside the presence of the jury and hear any motions. The judge shall then invite the jury in and explain that the excused juror had symptoms associated with Covid-19. If a mistrial has been declared due to a now insufficient number of jurors, the jury shall be excused. If not,the jury trial will resume. 3. If a witness develops any of these symptoms or tests positive for Covid-19, they shall inform the attorney who called them,who shall immediately inform the bailiff,who shall inform the presiding judge. The judge will immediately excuse the witness from further attendance. The judge shall then convene the parties outside the presence of the jury and hear any motions. If the witness has been exposed to the courtroom,the judge will explain to all in attendance,including the jury,that an excused witness 9 had symptoms associated with Covid-19. If a mistrial has been declared due to the now unavailability of material witness,the jury shall be excused. If not, the jury trial will resume. 4. If a clerk,court reporter,or bailiff serving in the jury trial develops any of these symptoms or tests positive for Covid-19,they shall inform the presiding judge. The judge will immediately excuse the clerk,court reporter,or bailiff from further attendance. The judge shall then convene the parties in the presence of the jury and explain that one of the court personnel had symptoms associated with Covid-19 and has been excused. Upon the replacement of the clerk, court reporter,or bailiff,the jury trial will resume. 5. If a person at the JJC develops any of these symptoms or tests positive for Covid--19 but has not been exposed to anyone involved with the trial,the jury trial will continue uninterrupted. 6. If a person at the JJC develops any of these symptoms or tests positive for Covid-19 and has been exposed to anyone involved with the trial,the judge will convene the parties outside the presence of the jury and evaluate the risk on the record and hear any motions. 7. If a lawyer or trial attending member of their staff develops any of these symptoms or tests positive for Covid-19,the lawyer shall immediately inform the bailiff,who shall inform the presiding judge.The judge will 10 57 immediately excuse the lawyer or member of their staff from further attendance. The judge shall then convene the parties outside the presence of the jury and hear any motions. The judge will explain to all in attendance, including the jury,that an excused lawyer or staff member had symptoms associated with Covid-19. If a mistrial has been declared due to the now unavailability of counsel,the jury shall be excused. If not, the jury trial will resume. S. If the presiding judge develops any of these symptoms or tests positive for Covid-19, he shall immediately excuse himself from further attendance and notify another judge of this court. The judge so notified,or another judge designated by the chief judge of the circuit shall then convene the parties outside the presence of the jury and hear any motions. The judge shall then invite the jury in and explain that the excused judge had symptoms associated with Covid-19. If a mistrial has been declared,the jury shall be excused. If not,the jury trial will resume. 9. None of the above described events will cause the automatic shut- down of the JJC. If the JJC is shut down during the course of a jury trial,the judge will convene the parties by telephone or video conference, on the record, and assess the feasibility of continuing the trial at another courthouse within the circuit. The judge will hear and rule on any motions made. a. The Clerk will alert jurors by telephone. b. The other trial participants (as well as other judges in the courthouse) will be notified within 24 hours. c. The Court will ponder relevant factors such as the availability of rapid-return test results,the use of alternates,the stage of trial,the length of the delay,and the continued availability of jurors and litigants. d. This plan incorporates by reference the Department of Labor and Industry's Emergency Temporary Standards,including the disinfection protocols. e. If a trial participant or courthouse employee becomes ill during trial, immediate steps will be taken to isolate the person until they can safely exit the building or have them isolate if they are out of the building when they become ill. All affected areas of the building will be sealed for 24 hours if possible and a third-party vendor employed by Clarke County will clean and sanitize all affected areas. All persons who had close contact for an extended time,as defined by the CDC,will be notified of their possible exposure and urged to contact their health care provider or VDH for further instructions. The Court will consult with the litigants,remotely if necessary,to determine if a continuance or mistrial will be necessary. Among factors to be considered will be the availability of test results in a timely manner,the uses of alternates,the stage of trial,the length of the delay and the continued availability of the jurors and litigants. 11 58 This Plan will take effect thirty days following its approval by a panel of the Virginia Supreme Court and remain in effect in accordance with orders from the Supreme Court of Virginia and will not be rescinded until any such order from the Supreme Court of Virginia. 12 59 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: March 10, 2021 ��GrN Agenda Section: County Officials Title: Request from the Clarke County Board of Supervisors: Double Tollgate Water and Sewer Service Provision Attachments: BOS03-10-21 DiscussionCIarkeSWSAs_Redacted.pdf 60 f ' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors G� FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Discussion—Clarke County Request for Water and Sewer Service for the Double Tollgate Area DATE: March 3, 2021 Frederick County has received a request from Clarke County to authorize Frederick Water to provide public water and sewer service for approximately 350+/-acres(zoned Highway Commercial)in the Double Tollgate area. Specifically, this area is located at the intersection of Stonewall Jackson Highway (Route 522), Lord Fairfax Highway (Route 340) and Fairfax Pike (Route 277). The requested water and sewer capacity is 150,000 gallons per day. Currently, Frederick Water provides public water service to the former "Camp 7 State Correction Facility" property in Clarke County. Frederick County's Sewer and Water Service Area (SWSA) is a growth boundary, and as outlined in the 2035 Comprehensive Plan, it designates the limit of where public water and sewer could be extended. The County's current SWSA boundary for this area surrounds only the Lake Frederick development. The Crooked Run Wastewater Treatment Plant provides sewer service to Lake Frederick and is located within this development. A 12" water main currently exists along Route 277 to the Clarke County line and the new elevated water tank is also located in the vicinity. If an extension of public water and sewer service to Clarke County is desired, an amendment to the 2035 Comprehensive Plan to expand the SWSA would be necessary. The northeastern corner of the County's current SWSA boundary, as shown in the Southern Frederick Land Use Plan (SFLUP), touches Clarke County's requested Double Tollgate Area. There is approximately 200 acres at the corner of Route 522 and Route 277 in Frederick County that are outside the current limits of the SWSA and are planned for future mixed use and industrial. Staff is seeking direction from the Board for this request and whether it should be sent forward for further study. If considered for further study,this request will be scheduled for discussion by the Comprehensive Plans and Programs Committee (CPPC) and the Planning Commission. Comments from the CPPC and the Planning Commission would be presented to the Board of Supervisors at a future meeting for discussion; public hearings for the amendment would be scheduled following the discussion, if directed. Please contact the Planning Department should you have any questions regarding this information. Please find attached the following: 1. Location maps depicting the Lake Frederick SWSA and the location of the Clarke County properties —Aerial Map and 2035 Comprehensive Plan- Long-Range Land Use Plan Map. 2. Correspondence from Clarke County. 61 N 1 � • l grl�H / 77 / i / / e OGUBIETOII/Fq0 I o"Po�Pa � j .' ��LORD FAIRFAX HyyY ° 2 522 4qq HC �� G IYDA ggCNEI CggSGH �� �/� •OR / V HGrHgrc'YOq 3 U � � ggYGpyOpEl W Gt SKIP,PER /j O .r. O t mop\� CLARKE - oq gTiq / 3 COUNTY �HsroH� HnalH � 2 VIRGINIA Sp l 0 o4'tq' Jfl( KINGFISHER CT � MpKGgNS fR cT Tq� f ulyDR l � s t = F = 9i S/lE �F l lgFF.ro pq�lqq / �2 v, / S u / 41M SWSA Extension-Clarke County SWSA \ Clarke County Parcels Q Parcels f WARREN' Zoning « COUNTY B2(General Business District) � //� VIRGINIA M1(Light Industrial District) " MH1(Mobile Home Community District) R5(Residential Recreational Community District) Vlr•inla Geo fa hiii. Iion Network(` GIN) Map Produced by Frederick County Planning and Development Dept, February 23,2021 0 0.2 0.4 0.8 Miles M �^ tG • / qr/o. N"fP / 77 P / • • • • • • • • • frFgR0 • • • • a i • • / -w=` b LORD FAIRFAX Hyyy ° J % 522 Oq `_,.�. r py DR C'ARKE c �°tir 4r(gNDs, l S COUNTY r c,� ro4F (N � 2 VIRGINIA oe�°� - OgRtl' Nl�QO / KIN6fISNER q,N MERpANSER cr �� � i to f t'3 z 9i° s((ENt / U / 5 4M SWSA Extension-Clarke County SWSA Clarke County Parcels ;4 . \ Parcels sARM(N ' Long Range Land Use �t Neighborhood Village WARREN { Mixed Use commercial/Office Q COUNTY /y Mixed Use Industrial/Office VIRGINIA (00 Industrial 0 Planned Unit Development SNE[(y Environmental&Recreational Resources °R Viral ill Geographi• Inf©rrn;tion-NetWork.(YOW) Map Produced by Frederick County Planning and Development Dept. February 23,2021 0 0.2 0.4 0.8 Miles Clarke County .Board of Supervisors co Hip. Berryville Voting District Millwood Voting District Russell Voting District Matthew E. Bass Terri T.Catlett Doug Lawrence (540)535-5425 (540)837-2328 (540)955-21.44 L Buckmarsh Voting District White Post Voting District County Administrator o• • �w David S.Weiss—Chair Bev B.McKay—Vice Chair Chris Boies t*'IN1A�4 (540)955-2151 (540) 837-1331 (540)955-5175 Is 9 ut February 16, 2021rIREC�,EIVEDceyFEB 21 , Mr. Charles S. DeHaven, Chairman Frederick County Board of Supervisors 107 N. Kent Street Winchester, VA 22601 y Re: Double Tollgate Water&Sewer Request Dear Chairman DeHaven, The Clarke County Board of Supervisors voted on February 16, 2021 to formally request permission from the Frederick County Board of Supervisors for Frederick Water to provide public water and sewer to the Double Tollgate area of Clarke County. We understand that Clarke County will need to develop an agreement with Frederick Water for this service and that approval by your Board of Supervisors is the first step in this process. The area to be served is approximately 350 acres at the intersection of Stonewall Jackson Highway, Lord Fairfax Highway, and Fairfax Pike. The estimated water and sewer capacity needed to serve this area is approximately 150,000 gallons per day. Please let me know what additional information you need to consider our request or what meetings you would like us to attend. We appreciate, in advance, your consideration of this request. Sincerely, David Weiss, Chairman Clarke County Board of Supervisors www,clarkecounty.gov 101 Chalmers Court,Suite B Telephone: [540]955-5175 Berryville,VA 22611 64 LO cfl Clarke County Board of Supervisors 4 6410*p Berryville Voting District Millwood Voting District Russell Voting District t401 °.t� Matthew E.Bass Terri T.Catlett Doug Lawrence (540)955-5175 (540)837-2328 (540)955-2144 Bnckmarsh Voting District White lost Voting District County Administrator y ® David S.Weiss—Chair Bev B.McKay—Vice Chair Chris Boles vy, ABG.,,{ivaj (540)955-2151 (540) 837-1331 (540)955-5175 To: Brandon Stidham, Planning Director From: Chris Boies Re: Double Tollgate Water and Sewer Date: January 28,2021 Please place an informational item on your next Planning Commission Work Session agenda for an update on water and sewer at Double Tollgate. The Clarke County Board of Supervisors (BOS)will be considering at a future meeting making a request to the Frederick County BOS to allow Frederick Water to provide public water and sewer to the Double Tollgate area of Clarke County. As you know, this intersection is zoned Highway Commercial (CH)and contains a number of existing businesses. There have been requests for a number of years from existing businesses, and owners of vacant land, for public water and sewer in this area. The Double Tollgate Area Plan adopted by the BOS on December 20, 2016, notes that the development of the Department of Corrections property south of the Plan Area as a possible trigger for when the County should take more"proactive steps and investments to facilitate economic growth". A significant portion of the former prison property has been deeded to the Virginia Port Authority for "an economic development partnership with Clarke County" per action taken by the Virginia General Assembly. It is important that the County be a proactive partner in the development of plans for this property. Further, the Economic Development Strategic Plan adopted by the BOS on October 21,2014, includes as a long term priority(defined as FY 2018 and beyond)to"pursue partnerships to provide public water and sewer to the Double Toll Gate Area". The 2016 Double Tollgate Area Plan noted that excess public sewer capacity was not available from Frederick County at that time. In recent conversations with Frederick Water, their plant could be expanded to include this area. Public water provided by Frederick Water is already available on the Department of Corrections site. The exact details of the size, location,and cost of the required infrastructure would need to be studied closely if this proposal moves forward. The request to Frederick County will be to serve properties currently zoned Highway Commercial per the attached map and also the former Department of Corrections property. One factor in assisting the containment of development to these prescribed areas is the capping of the gallons per day made in the request. County staff, using data provided by an engineering consultant, is recommending the request be capped at 150,000 gallons per day. This cap should allow for the build out of this intersection while also alleviating concerns that development will sprawl beyond the identified area. www.clarkecounty.gov 101 Chalmers Court, Suite B Telephone: [540] 955-5175 Berryville,VA 22611 February 16,2021,Clarke County Board of Supervisors Regular Meeting Packet Page 114 of 265 ct, There are a number of details which will need to be worked out if this proposal goes forward. The first step is for the Clarke County BOS to vote to request water and sewer. The Frederick County BOS must then approve that request. If approved, we will work with officials from Frederick Water on an agreement which would include how improvements will be funded,the timing of needed infrastructure,and other critical details. Approval of this request will also impact the Planning Commission's update to the 2013 Comprehensive Plan and the 2016 Double Tollgate Area Plan. County staff wanted to update the Planning Commission before the BOS takes up this matter. Clarke County Board of Supervisors Page 2 of'27 February 16,2021,Clarke County Board of Supervisors Regular Meeting Packet Page 115 of 265 ti W r ; Map1G , ! °.__-- S 1 inch =500 feet 5673. 5690 ' Legend Agricultural-Open Space-Conservation(AOC)' Highway Commercial(CH) Parcel Boundary 5698 y OF Public Roads rj*—� 5697 n� p, �2 8226, 5718 ��eNv •! �,�s 5 F r 5719 5702 5696 5707 D , - 5706 5720 5721 OveGB,TO • <<GATF . 5703 5722 LORD FgIRFgX HWY 8698 5704 r 5705 } r J x` 2 �y 9023 � 65681 w v 1 �• y ACCT Map_ Name acre 5673 27 A 5 GIBSON MONTIE W JR&PEARL E 234.84 5681 27 A 12 BENTON SADIE M TRUSTEE 5.58 5690 27 A 5A GIBSON MONTIE W JR&PEARL E 0.78 5696 27A A 7 FREEMAN MARTHA LUCILLE 0.38 5697 27A A $ IDOUBLE TOLLGATE EMPORIUM LLC 0.63 5698 27A A 9 ROYSTON ESHELMAN PROPERTIES 5.13 5701 27A A 11 LESAGE LESUEJOHN 0.57' 5702 27A A 12 SO ASSET MANAGEMENT&INVESTMENT 3.26 5703 27A A 13 TNS&L PROPERTY PARTNERSHIP 1.06 5704 27A A 14 TNS&L PROPERTY PARTNERSHIP 2.80 5705 27A A 15 TNS&L PROPERTY PARTNERSHIP 1.74 r p 5706 27A A 16 JOMAX LC 0.47 5707 27A A 17 ESCALADE LLC 1.08 OFH0A 1 5718 27A 2 B MARSHALL JOSEPHINE ET 0.45 t}�, 5719 27A 2 C MARSHALLTYRONE K ETAL 0.96 711 5720 27A 3 A SADEGHZADEH MOHSEN 0.77 5721 27A 3 B SADEGHZADEH MOHSEN 0.47 5722 27A 3 C SADEGHZADEH MOHSEN 0.67 791127A 10A VIRGINIA PUBLIC BUILDING AUTHORITY 6.31 8226 27 A 4D POTOMAC EDISON COMPANY 1.79 �2 s Regular Me in ISR t Page 1162>5266 9023 27 A 1013 NORTON INVESTMENTS LLC 11.92 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Proposed Real Property Tax Increase The County of Frederick proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 8.56 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $0.567 per $100 of assessed value. This rate will be known as the "lowered tax rate". 3. Effective Rate Increase: The County of Frederick proposes to adopt a tax rate of$ 0.61 per $100 of assessed value. This difference between the lowered tax rate and the proposed rate would be $0.043 per $100, or 8.56 percent. This difference will be known as the "effective tax rate increase". Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the County of Frederick will exceed last year's by 5.17 percent. Attachments: BOS03-10-21 WinchStarAd-2021 ProposedRElncrease.pdf 68 NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE The County of Frederick proposes to increase property tax levies. 1 . Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 8.56 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $0.567 per $100 of assessed value. This rate will be known as the "lowered tax rate". 3. Effective Rate Increase: The County of Frederick proposes to adopt a tax rate of $ 0.61 per $100 of assessed value. This difference between the lowered tax rate and the proposed rate would be $0.043 per $100, or 8.56 percent. This difference will be known as the "effective tax rate increase". Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the County of Frederick will exceed last year's by 5.17 percent. A public hearing on the increase will be held on March 10, 2021 at 7:00 p.m. at County Administration Office Building, 107 North Kent Street, Winchester, Virginia. 69 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Proposed School Bond Financings by the Board of Supervisors of the 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 $72,844,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Renovation of James Wood High School. A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at Its Meeting on Wednesday, March 10, 2021. All Interested Parties are Invited to Attend and Present Oral or Written Comments. Attachments: BOS03-10-21 RegPublicHearingsJamesWoodHS_Reno_Redacted.pdf BOS03-10-21VPSA Spring2021ResolutionJamesWoodHS.pdf 70 11 . • Frederick County Public Schools Executive Director of Finance Patty Camery cameryp@fcpsk12.net DATE: February 3, 2021 TO: Jay Tibbs, Deputy County Administrator Ann Phillips, Deputy Clerk FROM: Patty D. Camery, Executive Director of Finance _ SUBJECT: 1) Supplemental Appropriation for James Wood High School Renovation 2) Participation in the 2021 Spring VPSA Bond Sale for the James Wood High School Renovation Project The Frederick County School Board requests, by way of the two attached resolutions, action by the Board of Supervisors concerning the renovation of James Wood High School: 1) a supplemental appropriation to the school construction fund for $72,844,000 for the renovation of James Wood High School and 2) participation and application in the 2021 Spring Virginia Public School Authority (VPSA) bond sale program for the renovation of James Wood High School. The resolution for $72,844,000 will cover participation in the Spring 2021 VPSA bond sale and future VPSA bond sales up to the amount approved. A public hearing is required and is requested after which both approving resolutions can be considered by the Board of Supervisors. The public hearing should be set for March 10th. The ad for publication is attached. Please do not hesitate to contact me should you have any questions. Thank you. Attachments (3) cc: David T. Sovine, Ed.D., Superintendent Kris C. Tierney, County Administrator Cheryl Shiffler, Frederick County Finance Director Bond Counsel 1415 Amherst Street www.frederick.02.va.us 540-662-3889,ext.88105 P.O.Box 3508 71 Winchester,Virginia 22604-2546 RESOLUTION (Renovation and Additions James Wood High School) s Of the County School Board of Frederick County, Virginia, declaring its intention to request a supplemental appropriation to the FY2021 School Construction Fund subject to the Frederick County Board of Supervisors' approval. WHEREAS, Frederick County Public Schools (the "Division") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, the County School Board of Frederick County, Virginia, (the "Board") is charged by law to manage and control the property of the school division and provide for the erecting, furnishing, and equipping of necessary school buildings (§22.1-79); and WHEREAS, the Frederick County Board of Supervisors, Virginia, (the Supervisors") approved the James Wood High School Addition and Renovation through annual adoptions of the Capital Improvements Plan; and WHEREAS, the Board has conducted an extensive condition study and evaluation of major building systems, building finishes, and site amenities in July of 2017, amended December 2020 in preparation for preliminary design detail; and WHEREAS, the major building systems have exceeded their normal life expectancy; and WHEREAS, the configuration of the building inhibits the efficient and effective operation of a high school, particularly the location of Guidance Offices, and the cafeteria without a loading dock; and WHEREAS, heating, ventilation and air conditioning (HVAC) is inadequate and fails to meet American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards for indoor air quality. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD as follows: The Board requests a supplemental appropriation to the FY2021 Construction Fund in the amount of$72,844,000.00 for the renovation, and construction of James Wood High School; t = Section I—The Board shall perform major renovation,and construct additions to the James Wood High School in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code (§22.1-140); 72 Section II - The school design shall be approved in writing by the Division's Superintendent s in accordance with State Law (§22.1-140); Section III —The school plans shall be reviewed and approved according to Frederick County Ordinance by the Chief Building Official and appropriate State or Federal Agencies with jurisdiction such as the Virginia Department of Transportation; Section IV—The school shall be sized to accommodate an approximate program capacity of 1,500 students in accordance with the Virginia Board of Education Regulations and Virginia Department of Education Guidelines for School Facilities. Section V- Should the appropriation be reduced from the amount requested, the scope of the work shall be reduced in size and program capacity accordingly without affecting the instructional space/layout and integrity of the school to accommodate current instructional pedagogy and integration of technology. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its passage. t Frederick County School Board Clerk,Frederick County School Board (Name) Executive Director of Finane�and Deputy Clerk(Title) Recorded Vote Moved By: .e Lasers Seconded By: Yeas: 7 Nays: 62 73 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Frederick (the "School Board") hereby (i) requests,pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Frederick (the "County") cause the County to issue one or more of its general obligation school bonds (the 'Bonds") in an aggregate principal amount not in excess of $76,486,200.00, but with the objective of providing up to $72,844,000.00 in net proceeds, to finance the renovation of James Wood High School which constitutes a capital project for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2021 Spring Pooled Bond Sale and such future pools as may be necessary to finance the above- referenced project. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deem it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. 3. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the 74 "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Spring of 2021 or in the future (the "VPSA Bonds")to show compliance with the provisions of the Internal Revenue Code of 1986, as amended(the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. 4. This resolution shall take effect immediately. ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 2ND DAY OF FEBRUARY,2021 Member Vote Member Vote Jay W. Foreman X- Frank Wright Shontyd C. Washington Michael A.Lake Bradley A. ComstockBrandon H.Monk Brian J.Hester y Frederick County School Board Clerk Frederick County School Board 75 Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $72,844,000 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 $72,844,000 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 renovation of James Wood High School the "Project"); WHEREAS, the County held a public hearing, duly noticed, on March 10, 2021, 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 2021 or a future bond sale (the "VPSA Bonds"); WHEREAS,the Bond Sale Agreements (as defined below) shall indicate that$72,844,000 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 paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. 141015629.3 76 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 $72,844,000 (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 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%)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 -2- 77 execution and delivery of each Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of all 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 attached hereto as Exhibit A. 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 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 2021 sale, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2031, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2031, 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, 2032, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2032, 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, 2031, 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: Dates Prices July 15, 2031 through July 14, 2032 101% July 15, 2032 through July 14, 2033 100/2 July 15, 2033 and thereafter 100 -3- 78 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. 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 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. -4- 79 11. State Non-Arbitrate 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. 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. -5- 80 The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 10, 2021, 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 the foregoing 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 March,2021. Clerk, Board of Supervisors of the County of Frederick,Virginia [SEAL] 81 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: , [16 days prior to issuance],20_ Issue Date: ,20 The COUNTY OF FREDERICK, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 20 and annually on July 15 thereafter to and including July 15, 20 (each a "Principal Payment Date"), together with interest from the dated date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on [July/January] 15, 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 A-1 82 VPSA, 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 or for the Commonwealth of Virginia, 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. Upon receipt 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 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 Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code, and resolutions duly adopted by the Board of Supervisors of the A-2 83 County and the School Board of the County to provide funds for capital projects for school purposes. 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 effected by 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 definitive bonds 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 maybe 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: A-3 84 Dates Prices July 15, 20 through July 14, 20 101% July 15, 20 through July 14,20 100/2 July 15, 20 and thereafter 100 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 in part 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 of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, 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 of Virginia. A-4 85 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 the Chairman,Board of Supervisors of the County of Frederick,Virginia County of Frederick, Virginia A-5 86 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 Owner as it appears on the front of this Bond by an "eligible guarantor institution" meeting in every particular, without alteration or the requirements of the Bond Registrar change.) which 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). A-6 87 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Amendment to the 2020-2021 Fiscal Year Budget - Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of$72,844,000. This Amount Represents the Renovation of James Wood High School. Attachments: BOS03-10-21 RegPublicHearingsJamesWoodHS_Reno_Redacted.pdf BOS03-10-2113udgetAmendJamesWoodHSReno.pdf 88 11 . • Frederick County Public Schools Executive Director of Finance Patty Camery cameryp@fcpsk12.net DATE: February 3, 2021 TO: Jay Tibbs, Deputy County Administrator Ann Phillips, Deputy Clerk FROM: Patty D. Camery, Executive Director of Finance _ SUBJECT: 1) Supplemental Appropriation for James Wood High School Renovation 2) Participation in the 2021 Spring VPSA Bond Sale for the James Wood High School Renovation Project The Frederick County School Board requests, by way of the two attached resolutions, action by the Board of Supervisors concerning the renovation of James Wood High School: 1) a supplemental appropriation to the school construction fund for $72,844,000 for the renovation of James Wood High School and 2) participation and application in the 2021 Spring Virginia Public School Authority (VPSA) bond sale program for the renovation of James Wood High School. The resolution for $72,844,000 will cover participation in the Spring 2021 VPSA bond sale and future VPSA bond sales up to the amount approved. A public hearing is required and is requested after which both approving resolutions can be considered by the Board of Supervisors. The public hearing should be set for March 10th. The ad for publication is attached. Please do not hesitate to contact me should you have any questions. Thank you. Attachments (3) cc: David T. Sovine, Ed.D., Superintendent Kris C. Tierney, County Administrator Cheryl Shiffler, Frederick County Finance Director Bond Counsel 1415 Amherst Street www.frederick.02.va.us 540-662-3889,ext.88105 P.O.Box 3508 89 Winchester,Virginia 22604-2546 RESOLUTION (Renovation and Additions James Wood High School) s Of the County School Board of Frederick County, Virginia, declaring its intention to request a supplemental appropriation to the FY2021 School Construction Fund subject to the Frederick County Board of Supervisors' approval. WHEREAS, Frederick County Public Schools (the "Division") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, the County School Board of Frederick County, Virginia, (the "Board") is charged by law to manage and control the property of the school division and provide for the erecting, furnishing, and equipping of necessary school buildings (§22.1-79); and WHEREAS, the Frederick County Board of Supervisors, Virginia, (the Supervisors") approved the James Wood High School Addition and Renovation through annual adoptions of the Capital Improvements Plan; and WHEREAS, the Board has conducted an extensive condition study and evaluation of major building systems, building finishes, and site amenities in July of 2017, amended December 2020 in preparation for preliminary design detail; and WHEREAS, the major building systems have exceeded their normal life expectancy; and WHEREAS, the configuration of the building inhibits the efficient and effective operation of a high school, particularly the location of Guidance Offices, and the cafeteria without a loading dock; and WHEREAS, heating, ventilation and air conditioning (HVAC) is inadequate and fails to meet American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards for indoor air quality. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD as follows: The Board requests a supplemental appropriation to the FY2021 Construction Fund in the amount of$72,844,000.00 for the renovation, and construction of James Wood High School; t = Section I—The Board shall perform major renovation,and construct additions to the James Wood High School in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code (§22.1-140); 90 Section II - The school design shall be approved in writing by the Division's Superintendent s in accordance with State Law (§22.1-140); Section III —The school plans shall be reviewed and approved according to Frederick County Ordinance by the Chief Building Official and appropriate State or Federal Agencies with jurisdiction such as the Virginia Department of Transportation; Section IV—The school shall be sized to accommodate an approximate program capacity of 1,500 students in accordance with the Virginia Board of Education Regulations and Virginia Department of Education Guidelines for School Facilities. Section V- Should the appropriation be reduced from the amount requested, the scope of the work shall be reduced in size and program capacity accordingly without affecting the instructional space/layout and integrity of the school to accommodate current instructional pedagogy and integration of technology. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its passage. t Frederick County School Board Clerk,Frederick County School Board (Name) Executive Director of Finane�and Deputy Clerk(Title) Recorded Vote Moved By: .e Lasers Seconded By: Yeas: 7 Nays: 62 91 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Frederick (the "School Board") hereby (i) requests,pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Frederick (the "County") cause the County to issue one or more of its general obligation school bonds (the 'Bonds") in an aggregate principal amount not in excess of $76,486,200.00, but with the objective of providing up to $72,844,000.00 in net proceeds, to finance the renovation of James Wood High School which constitutes a capital project for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2021 Spring Pooled Bond Sale and such future pools as may be necessary to finance the above- referenced project. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deem it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. 3. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the 92 "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Spring of 2021 or in the future (the "VPSA Bonds")to show compliance with the provisions of the Internal Revenue Code of 1986, as amended(the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. 4. This resolution shall take effect immediately. ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 2ND DAY OF FEBRUARY,2021 Member Vote Member Vote Jay W. Foreman X- Frank Wright Shontyd C. Washington Michael A.Lake Bradley A. ComstockBrandon H.Monk Brian J.Hester y Frederick County School Board Clerk Frederick County School Board 93 RESOLUTION FISCAL YEAR 2020-2021 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 March 10, 2021 , took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $72,844,000. This Amount Represents Funds for the Renovation of James Wood High School. Upon a motion made by and seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Robert W. Wells Shawn L. Graber J. Douglas McCarthy David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia BOS Res. # cc: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer U:\TJP\resolutions\BudgetAmendment(FY2020-2021(JamesWoodHighSchoolRenovations)031021 BdMtg).docx 94 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Proposed School Bond Financings by the Board of Supervisors of the 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 $12,020,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Renovation of Indian Hollow Elementary School. A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at Its Meeting on Wednesday, March 10, 2021. All Interested Parties are Invited to Attend and Present Oral or Written Comments. Attachments: BOS03-10-21 RegPublicHearingslndianHollowReno_Redacted.pdf BOS03-10-21VPSA Spring2021ResolutionlndianHollowES.pdf 95 11 . • Frederick County Public Schools Executive Director of Finance Patty Camery cameryp@fcpsk12.net DATE: February 3, 2021 TO: Jay Tibbs, Deputy County Administrator Ann Phillips, Deputy Clerk FROM: Patty D. Camery, Executive Director of Finance _ SUBJECT: 1) Supplemental Appropriation for Indian Hollow Elementary School Renovation 2) Participation in the 2021 Spring VPSA Bond Sale for the Indian Hollow Elementary School Renovation Project The Frederick County School Board requests, by way of the two attached resolutions, action by the Board of Supervisors concerning the renovation of Indian Hollow Elementary School: 1) A supplemental appropriation to the school construction fund for $12,020,000 for the renovation of Indian Hollow Elementary School and 2) Participation and application in the 2021 Spring Virginia Public School Authority (VPSA) bond sale program for the renovation of Indian Hollow Elementary School. The resolution for $12,020,000 will cover participation in the Spring 2021 VPSA bond sale and future VPSA bond sales up to the amount approved. A public hearing is required and is requested after which both approving resolutions can be considered by the Board of Supervisors. The public hearing should be set for March 10th. The ad for publication is attached. Please do not hesitate to contact me should you have any questions. Thank you. Attachments (3) cc: David T. Sovine, Ed.D., Superintendent Kris C. Tierney, County Administrator Cheryl Shiffler, Frederick County Finance Director Bond Counsel 1415 Amherst Street www.frederick.02.va.us 540-662-3889,ext.88105 P.O.Box 3508 96 Winchester,Virginia 22604-2546 RESOLUTION (Renovation Indian Hollow Elementary School) Of the County School Board of Frederick County, Virginia, declaring its intention to request a supplemental appropriation to the FY2021 School Construction Fund subject to the Frederick County Board of Supervisors' approval. WHEREAS, Frederick County Public Schools (the "Division") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, the County School Board of Frederick County, Virginia, (the "Board") is charged by law to manage and control the property of the school division and provide for the erecting, furnishing, and equipping of necessary school buildings (§22.1-79); and WHEREAS, the Frederick County Board of Supervisors, Virginia, (the Supervisors") approved the Indian Hollow Elementary School Renovation through annual adoptions of the Capital Improvements Plan; and WHEREAS, the Board has conducted an extensive condition study and evaluation of major building systems, building finishes, and site amenities beginning in 1996 and amended in December 2020, in preparation for preliminary design detail; and WHEREAS, the major building systems have exceeded their normal life expectancy; and WHEREAS, the construction of Indian Hollow Elementary School was based upon the use of porous decorative CMU (concrete masonry unit)with a block filler and paint as the exterior veneer due to cost cutting measures at that time; and WHEREAS, the building is experiencing indoor air quality and structural concerns as a result of the porous absorption characteristic of this masonry exterior veneer and continuous moisture infiltration; and WHEREAS, heating, ventilation and air conditioning (HVAC) is inadequate and fails to meet current American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards for indoor air quality. 97 -- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD as follows: The Board requests a supplemental appropriation to the FY2021 Construction Fund in the amount of$12,020,000.00 for the renovation of Indian Hollow Elementary School; Section I —The Board shall renovate the Indian Hollow Elementary School in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code (§22.1-140); Section II - The school design shall be approved in writing by the Division's Superintendent in accordance with State Law (§22.1-140); Section III —The school plans shall be reviewed and approved according to Frederick County Ordinance by the Chief Building Official and appropriate State or Federal Agencies with jurisdiction such as the Virginia Department of Transportation; Section IV - Should the appropriation be reduced from the amount requested, the scope of work shall be reduced accordingly without affecting the instructional space/layout and integrity of the school to accommodate current instructional pedagogy and integration of technology. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its passage. PaiJ, Frederick County School Board Clerk,Frederick County School Board game) Executive Director of Finance and Deputy Jerk(Title) Recorded Vote Moved By: /hR. ova g.4414- Seconded 414-Seconded By: le. �. �� Yeas: �p Nays: 98 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Frederick (the "School Board") hereby (i) requests,pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Frederick (the "County") cause the County to issue one or more of its general obligation school bonds (the 'Bonds") in an aggregate principal amount not in excess of $12,621,000.00, but with the objective of providing up to $12,020,000.00 in net proceeds, to finance the renovation of Indian Hollow Elementary School which constitutes a capital project for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia,to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2021 Spring Pooled Bond Sale and such future pools as may be necessary to finance the above- referenced project. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deem it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. 3. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the 99 "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Spring of 2021 or in the future (the "VPSA Bonds")to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. 4. This resolution shall take effect immediately. ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 2ND DAY OF FEBRUARY,2021 Member Vote Member Vote Jay W. Foreman y Frank Wright Shontya C. Washington y Michael A. Lake Bradley A. Comstock Y Brandon H.Monk Brian J. Hester t; na Frederick County School Board Clerk Frederick County School Board 100 Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $12,020,000 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 $12,020,000 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 renovation of Indian Hollow Elementary School (the "Project"); WHEREAS, the County held a public hearing, duly noticed, on March 10, 2021, 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 2021 or a future bond sale (the "VPSA Bonds"); WHEREAS,the Bond Sale Agreements (as defined below) shall indicate that$12,020,000 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 paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. 141020793.1 101 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 $12,020,000 (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 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%)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 -2- 102 execution and delivery of each Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of all 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 attached hereto as Exhibit A. 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 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 2021 sale, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2031, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2031, 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, 2032, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2032, 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, 2031, 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: Dates Prices July 15, 2031 through July 14, 2032 101% July 15, 2032 through July 14, 2033 100/2 July 15, 2033 and thereafter 100 -3- 103 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. 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 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. -4- 104 11. State Non-Arbitrate 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. 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. -5- 105 The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 10, 2021, 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 the foregoing 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 March,2021. Clerk, Board of Supervisors of the County of Frederick,Virginia [SEAL] 106 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: , [16 days prior to issuance],20_ Issue Date: 920 The COUNTY OF FREDERICK, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 20 and annually on July 15 thereafter to and including July 15, 20 (each a "Principal Payment Date"), together with interest from the dated date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on [July/January] 15, 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 A-1 107 VPSA, 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 or for the Commonwealth of Virginia, 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. Upon receipt 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 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 Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code, and resolutions duly adopted by the Board of Supervisors of the A-2 108 County and the School Board of the County to provide funds for capital projects for school purposes. 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 effected by 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 definitive bonds 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 maybe 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: A-3 109 Dates Prices July 15, 20 through July 14, 20 101% July 15, 20 through July 14,20 100/2 July 15, 20 and thereafter 100 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 in part 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 of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, 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 of Virginia. A-4 110 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 the Chairman,Board of Supervisors of the County of Frederick, Virginia County of Frederick, Virginia A-5 111 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 Owner as it appears on the front of this Bond by an "eligible guarantor institution" meeting in every particular, without alteration or the requirements of the Bond Registrar change.) which 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). A-6 112 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Amendment to the 2020-2021 Fiscal Year Budget - Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of$12,020,000. This Amount Represents the Renovation of Indian Hollow Elementary School. Attachments: BOS03-10-21 RegPublicHearingslndianHollowReno_Redacted.pdf BOS03-10-21 BudgetAmendlndianHollowESReno.pdf 113 11 . • Frederick County Public Schools Executive Director of Finance Patty Camery cameryp@fcpsk12.net DATE: February 3, 2021 TO: Jay Tibbs, Deputy County Administrator Ann Phillips, Deputy Clerk FROM: Patty D. Camery, Executive Director of Finance _ SUBJECT: 1) Supplemental Appropriation for Indian Hollow Elementary School Renovation 2) Participation in the 2021 Spring VPSA Bond Sale for the Indian Hollow Elementary School Renovation Project The Frederick County School Board requests, by way of the two attached resolutions, action by the Board of Supervisors concerning the renovation of Indian Hollow Elementary School: 1) A supplemental appropriation to the school construction fund for $12,020,000 for the renovation of Indian Hollow Elementary School and 2) Participation and application in the 2021 Spring Virginia Public School Authority (VPSA) bond sale program for the renovation of Indian Hollow Elementary School. The resolution for $12,020,000 will cover participation in the Spring 2021 VPSA bond sale and future VPSA bond sales up to the amount approved. A public hearing is required and is requested after which both approving resolutions can be considered by the Board of Supervisors. The public hearing should be set for March 10th. The ad for publication is attached. Please do not hesitate to contact me should you have any questions. Thank you. Attachments (3) cc: David T. Sovine, Ed.D., Superintendent Kris C. Tierney, County Administrator Cheryl Shiffler, Frederick County Finance Director Bond Counsel 1415 Amherst Street www.frederick.02.va.us 540-662-3889,ext.88105 P.O.Box 3508 114 Winchester,Virginia 22604-2546 RESOLUTION (Renovation Indian Hollow Elementary School) Of the County School Board of Frederick County, Virginia, declaring its intention to request a supplemental appropriation to the FY2021 School Construction Fund subject to the Frederick County Board of Supervisors' approval. WHEREAS, Frederick County Public Schools (the "Division") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, the County School Board of Frederick County, Virginia, (the "Board") is charged by law to manage and control the property of the school division and provide for the erecting, furnishing, and equipping of necessary school buildings (§22.1-79); and WHEREAS, the Frederick County Board of Supervisors, Virginia, (the Supervisors") approved the Indian Hollow Elementary School Renovation through annual adoptions of the Capital Improvements Plan; and WHEREAS, the Board has conducted an extensive condition study and evaluation of major building systems, building finishes, and site amenities beginning in 1996 and amended in December 2020, in preparation for preliminary design detail; and WHEREAS, the major building systems have exceeded their normal life expectancy; and WHEREAS, the construction of Indian Hollow Elementary School was based upon the use of porous decorative CMU (concrete masonry unit)with a block filler and paint as the exterior veneer due to cost cutting measures at that time; and WHEREAS, the building is experiencing indoor air quality and structural concerns as a result of the porous absorption characteristic of this masonry exterior veneer and continuous moisture infiltration; and WHEREAS, heating, ventilation and air conditioning (HVAC) is inadequate and fails to meet current American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards for indoor air quality. 115 -- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD as follows: The Board requests a supplemental appropriation to the FY2021 Construction Fund in the amount of$12,020,000.00 for the renovation of Indian Hollow Elementary School; Section I —The Board shall renovate the Indian Hollow Elementary School in compliance with the regulations of the Board of Education and the Uniform Statewide Building Code (§22.1-140); Section II - The school design shall be approved in writing by the Division's Superintendent in accordance with State Law (§22.1-140); Section III —The school plans shall be reviewed and approved according to Frederick County Ordinance by the Chief Building Official and appropriate State or Federal Agencies with jurisdiction such as the Virginia Department of Transportation; Section IV - Should the appropriation be reduced from the amount requested, the scope of work shall be reduced accordingly without affecting the instructional space/layout and integrity of the school to accommodate current instructional pedagogy and integration of technology. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its passage. PaiJ, Frederick County School Board Clerk,Frederick County School Board game) Executive Director of Finance and Deputy Jerk(Title) Recorded Vote Moved By: /hR. ova g.4414- Seconded 414-Seconded By: le. �. �� Yeas: �p Nays: 116 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Frederick (the "School Board") hereby (i) requests,pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Frederick (the "County") cause the County to issue one or more of its general obligation school bonds (the 'Bonds") in an aggregate principal amount not in excess of $12,621,000.00, but with the objective of providing up to $12,020,000.00 in net proceeds, to finance the renovation of Indian Hollow Elementary School which constitutes a capital project for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia,to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2021 Spring Pooled Bond Sale and such future pools as may be necessary to finance the above- referenced project. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deem it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. 3. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the 117 "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Spring of 2021 or in the future (the "VPSA Bonds")to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. 4. This resolution shall take effect immediately. ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 2ND DAY OF FEBRUARY,2021 Member Vote Member Vote Jay W. Foreman y Frank Wright Shontya C. Washington y Michael A. Lake Bradley A. Comstock Y Brandon H.Monk Brian J. Hester t; na Frederick County School Board Clerk Frederick County School Board 118 RESOLUTION FISCAL YEAR 2020-2021 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 March 10, 2021 , took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $12,020,000. This Amount Represents Funds for the Renovation of Indian Hollow Elementary School. Upon a motion made by and seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Robert W. Wells Shawn L. Graber J. Douglas McCarthy David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia BOS Res. # cc: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer U:\TJP\resolutions\BudgetAmendment(FY2020-2021(I ndianHollowEleme ntary School Renovations)031 021 BdMtg).docx 119 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: March 10, 2021 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit#01-21 for Hollow Road Solar, LLC Submitted to Construct a 20- Megawatt Utility-Scale Solar Facility on Properties Totaling Approximately 326-Acres +/-. The Subject Properties are Located Generally Southeast of Parishville Road (Route 610) and Anchorage Lane in the Vicinity of Gore and within Frederick County, Virginia and are Identified with Property Identification Numbers (PIN) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. The Property Identified with PIN 27-A-8 will Only be Used for a Subsurface Interconnection Easement and Ingress/Egress; No Solar Arrays (Panels) or Supporting Equipment will be Sited on PIN 27-A-8. Attachments: BOS03-10-21 CUP01-21 HollowRoadSolarLLC_Redacted.pdf 120 cod CONDITIONAL USE PERMIT #01-21 Hollow Road Solar,LLC q Staff Report for the Board of Supervisors Prepared: February 24, 2021 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/17/21 Recommended Approval Board of Supervisors: 03/10/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 83- acre +/- (disturbed area) and up to 20-megawatt (MW) utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres +/-. The properties that comprise this application are generally located south of Parishville Road (Route 610) and generally south of the terminus(cul-du-sac)of Anchorage Lane (Route 1416) in Gore. The Planning Commission held a public hearing for this application at their meeting on February 17, 2021. The Commission recommended approval of the proposed CUP for a utility-scale solar power generatingfacility with a request to increase the project setback to 100-FT from residential lots along Anchorage Lane, this increase is depicted in the Concept Plan and stated in Note # 2) on Sheet 3, revised February 24, 2021,referenced in condition#2 below. Should the Board of Supervisors rind this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission recommended the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated February 24, 2021. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheet 4 of the Concept Plan, `Landscaping/Vegetative Screening Details" included with the CUP application, prepared by Timmons Group, dated February 24, 2021. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick 121 Page 2 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and be in general conformance with the Decommissioning Plan, included with the CUP application, prepared by Blue Ridge Energy Holdings, and dated January 21, 2021 and revised February 24, 2021. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one entrance from Parishville Road (Route 610) and one entrance from Anchorage Lane (Route 1416) in conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated February 24, 2021. Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parishville Road (Route 610) identified as "Primary Access Road" on Sheet 3 the Concept Plan. The entrance on Parishville Road shall only be utilized with a VDOT approved traffic flagging plan. Use of the "50' R/W Ingress & Egress" from Anchorage Lane shall only be used for passenger vehicle access during construction and post-construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling, barn and areas surrounding the farm complex barn (located on PIN 4 27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant. In the event the above resources are eligible for inclusion on the NRHP as a result of the Phase II study the structures and resources on the site shall be retained, stabilized and preserved and no disturbance shall occur within 100-feet (FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Any recommendation for approval should also include a statement affirminz that the proposed solar facility is in substantial accord with the Comprehensive Plan. 122 Page 3 CUP#01-21 —Hollow Road Solar, LLC February 24, 2021 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/17/21 Recommended Approval Board of Supervisors: 03/10/21 Pending PROPOSAL: This is a request for a Conditional Use Permit (CUP) to enable construction of an 83- acre +/- (disturbed area) 20-megawatt (MW) utility-scale solar power generating facility located on three (3)properties totaling approximately 326-acres+/-. LOCATION: The properties are generally located south of Parishville Road(Route 610)and generally south of the terminus(cul-du-sac) of Anchorage Lane (Route 1416) in Gore. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 27-A-8, 27-A-11 and 27-A-12 Note: The property identified with PIN 27-A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8. PROPERTY ZONING: RA(Rural Areas) Distict PRESENT USE: Agricultural (Orchards), Forestal, and Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Forestal/Residential South: RA (Rural Areas) Use: Agricultural/Forestal East: RA (Rural Areas) Use: Agricultural/Forestal/Residential West: RA (Rural Areas) Use: Agricultural/Forestal/Residential 123 Page 4 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 610, Parishville Road, the VDOT facility providing access to the property. The proposed primary entrance lacks the proper amount of required sight distance for a "Low Volume" Commercial Entrance. This entrance could be used during construction,provided a VDOT approved "Traffic Flagging" scenario, as described in the "Work Zone Safety Manual" was approved. The proposed secondary access point, of Anchorage Court, could be utilized as a "Low Volume" Commercial Entrance for maintenance and non-commercial traffic after the "Solar Project" construction was completed. An approved VDOT Land Use Permit would be required for work at both locations. VDOT would support the Solar Project if the entrance situations were resolved. Should the use expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. See comment letter dated January 22, 2021. Frederick County Fire Marshal: Plans approved by Fire Marshal,Frederick County. See comment letter dated December 15, 2020. Frederick County Inspections: Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia Building Code,U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chapter 16 VBC. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure (soil,concrete etc.). See comment letter dated December 14, 2020. Frederick County Public Works: A detailed site plan including erosion and sediment plans and stormwater plans will need to be submitted prior to construction. The plans shall comply with Chapter 143 of Frederick County Code. See comment letter dated December 21, 2020. 124 Page 5 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 Winchester-Frederick County Health Department: The proposed project will not require an approved water supply or sewage disposal. See comment letter dated December 18, 2020. Historic Resources Advisory Board (HRAB): The Frederick County Historic Resources Advisory Board (HRAB) considered this Conditional Use Permit application during their meeting on October 20, 2020. The project is adjacent to Sunrise (DHR #034-0486) which is listed on both the State and National Register of Historic Places. The site also has extensive frontage on Hollow Road which is listed as eligible for the State and Natural Register. The HRAB noted that there is a historic farm complex located on the site that had not been identified by the applicant; the site consists of a vacant dwelling and barn which were pictured in the Environmental Report. The HRAB stated that most likely this is a significant historic structure given the location and photographs included in the Environmental Report, and this structure has much architectural integrity (pattern of the house, central chimney, collection of structures, 18'h century house) and most likely important to the early history of this area. The HRAB noted that this structure needs to be surveyed and preserved, and,not demolished as proposed. The HRAB recommended the following conditions: • A Phase II Survey needs to be conducted for the house/barn and surrounding site area. The survey needs to document the collection of historic structures on and around this development. • All proposed disturbance areas need to be moved away from the house and barn. • The structures on the site need to be retained, stabilized and preserved(mothballed). See comment letter dated November 19, 2020. Planning and Zoning: Background Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Board of Supervisors added "utility- scale solar power generating facilities" as a conditional use to the Zoning Ordinance on January 8, 2020, including supplementary use regulations for utility-scale solar power generating facilities (§165-204.26,Additional Regulations for Specific Uses). These additional regulations further specify for utility-scale solar power generating facilities to prepare an engineered site plan and enter into a written agreement with Frederick County for facility decommissioning. Proposal This Conditional Use Permit (CUP) application seeks to enable the construction of a utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres +/-. The properties are zoned RA (Rural Areas) District and are currently utilized for agricultural purposes. The application proposes to utilize these three (3) properties to generate up to 20 megawatts (MW) or photovoltaic (solar) electricity. Approximately 83-acres +/- of the subject parcels will be utilized (disturbed) for the installation of rows of ground-mounted photovoltaic 125 Page 6 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 modules, commonly known as solar panels, other necessary equipment for facility operations, a transmission substation, access paths, fencing and landscaping. The property identified with PIN 27- A-8 will only be utilized for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27 A-8. The solar panels will be interconnected, and the power generated by each solar panel will be combined, converted, and the voltage increased to allow delivery of the power to the adjacent Gore substation and overhead First Energy transmission lines. The proximity of the project to the Gore substation and existing transmission line was a significant factor in the selection of these properties for the development of the facility. Utility-scale solar power generating facilities may have minimal impact on surrounding properties as they do not generate noise, odors, glare or heat. These facilities also generate minimal amounts of traffic and do not have an impact on water quality/supply. The Hollow Road Solar project as proposed does not include any batteries for the purposes of mass storage of electricity that will eventually be transferred into the grid. Small batteries will be utilized as backup for solar tracker motors, substation, and associated equipment. In addition to requirements contained in the Zoning Ordinance (below), the Applicant will also pursue a "Permit-by-Rule" (PBR) application through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level administrative review and approval process for the siting of solar energy facilities in the Commonwealth, including environmental and cultural review and study. One component of the state required PBR review is local jurisdiction "approval" of solar project siting; this CUP application, if approved by the Frederick County Board of Supervisors, would satisfy that requirement enabling completion of a PBR process for this project. Comprehensive Plan Conformance The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations. The project is generally compatible with the Comprehensive Plan, with the rural character of the area, and with the adjoining agricultural and residential uses. The preservation of the underlying land maintains the ability for agricultural uses to resume operation in the future. The proposed use is highly passive with limited noise, odor, glare,lighting, and traffic during operations. Zoning Ordinance Requirements The Zoning Ordinance requirements for "Public Utilities" including "utility-scale solar power generating facilities" (§165-204.26) specifies the Zoning Administrator has the authority to determine appropriate setbacks for lots. Setbacks for the solar arrays (panels) will conform to the setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural Areas) Zoning District (§165-401.07): 60-feet (FT) front setbacks from right-of-way streets and roads, and side/rear setbacks of 50-FT from adjoining parcels 6-acres or less, 100-FT from adjoining parcels of more than 6-acres, and 200-FT from Agricultural and Forestal Districts (more than 6-acres) and orchards (regardless of size). Following the Planning Commission's meeting on February 17, 2021, the Applicant agreed to setbacks for the solar arrays(panels) for this project of a minimum of 100-FT from residential lots along Anchorage Lane (Route 1416, Whitman Orchards subdivision), as 126 Page 7 CUP#01-21 —Hollow Road Solar, LLC February 24, 2021 recommended by the Planning Commission. These increased setbacks are depicted (and stated in Note # 2) on Sheet 3 of the Concept Plan (revised February 24, 2021). A site plan in conformance with the Concept Plan is part of the Conditions of Approval (0). A Decommissioning Plan included with the application materials (revised February 24, 2021), satisfies the requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the event the facility is no longer in operation, the land will be returned to the pre-development condition with all solar infrastructure and related facilities removed, ensuring future viability of the land to resume agricultural operations. Further, the written agreement for the decommissioning plan, as proposed in the Conditions of Approval (#4), would be updated every five (5) years, and include a monetary guarantee/bond to ensure the removal and proper disposal of all solar equipment. Viewshed Analysis, Buffering& Screening In an effort to protect the viewshed and mitigate the visual impact on neighboring properties, the Applicant has provided a 100-FT setback from residential lots along Anchorage Lane (as recommended by the Planning Commission), landscape buffers and screening around the perimeter of the property and will be maintaining existing mature woodlands on-site to help shield the view of the facility from adjacent roadways, residences, and other agriculture uses. The solar panels are approximately 4-FT tall when completely horizontal/tracking and up to approximately 6.5-FT tall at their maximum height. The proposed landscape buffer would include a mix of 4-foot (FT) tall evergreen trees, 1.25-inch caliper deciduous trees, and 18-inch-tall shrubs that will be planted along the perimeter of the project compound. At maturity, these trees would be approximately 10-12-FT in height creating an effective screen. In addition to the proposed landscaping outlined above, the topography of the site slopes significantly from the high point of the lot (near the property boundary with Whitman Orchards subdivision/Anchorage Lane) and slopes away from existing residences towards Hollow Road. The topography of the site and orientation of the panels, in addition to the natural mature vegetation and proposed landscape buffer and screen, will help reduce the visual impacts from the proposed solar arrays and reduce glare on adjoining residences. It should be noted that as designed, solar panels capture sunlight and not to omit glare. Site Access&Transportation Access to the site shall be limited to two (2) entrances as shown on Sheet 3 of the Concept Plan. One (1) entrance from Parishville Road (Route 610) and one (1) entrance from Anchorage Lane. The Applicant has agreed to further limit delivery of solar array panel construction materials and equipment to enter/depart the property only from Parishville Road (Route 61) (identified as "Primary Access Road" on Sheet 3 the Concept Plan). Per the VDOT comments on this application (attached), the entrance onto Parishville Road shall only be utilized with a VDOT approved traffic flagging plan. Use of the "50' R/W Ingress & Egress" from Anchorage Lane (as noted on Sheet 3, Concept Plan) will be used only for passenger vehicle access and post-construction maintenance to mitigate impact to residential properties sharing Anchorage Lane. Staff notes, the"50 R/W Ingress/Egress" easement (0.3460-acres +/-), was made part of PIN #27-A-11 through a boundary line adjustment recorded in 2004 (Instrument # 040006636, attached to staff report), providing the owner of said PIN direct access to Anchorage Lane from the subject property. 127 Page 8 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/17/21 MEETING: The Planning Commission held a public hearing on this proposed Conditional Use Permit (CUP) on February 17, 2021. Staff provided an overview of the project and proposed conditions. The Applicant, Patrick Groomes (Blue Ridge Energy Holdings (BREH))provided a brief overview of the company and the demand for such a project. The Planning Commission discussion focused primarily on setbacks/buffering from adjoining residences on Anchorage Lane (Whitman Orchards subdivision), access to the property during and after construction, visibility and height of the solar arrays (panels), and information on the company seeking the CUP application (BREH), including other projects undertaken by the company and ownership of this proposed facility/parcels. Staff clarified that the prescribed setbacks, as allowed by the Zoning Ordinance, are determined by the Zoning Administrator, and what is depicted in the application currently conforms with the setback for "primary structures" in the RA (Rural Areas) Zoning District. Staff further noted that the Planning Commission could specify a greater setback if so desired; the Planning Commission stated that a 100-FT setback from residential lots on Anchorage Lane would be more appropriate than a 50- FT setback. Regarding the buffers/screening, Staff noted that the project would include a landscape screen with a mix of 4-FT tall evergreen trees, 125-inch caliper deciduous trees, and 18-inch-tall shrubs planted along the perimeter of the project compound and at maturity these trees may be 10- 12-FT in height. Other areas of the site would be screened by the existing mature woodlands on-site. For the height of the panels, staff noted that the panels when at their maximum height while tracking would be less than seven (7) feet in height and four(4) feet tall when not tracking. Regarding site access, Staff stated that two (2) entrances are proposed: one (1) from Parishville Road and one directly to Anchorage Lane from PIN #27-A-11 which is a pipestem lot. Condition of Approval #6 restricts delivery of solar array panel construction materials and equipment to only the entrance from Parishville Road (Route 610) and that use of the driveway from Anchorage Lane shall only be used for passenger vehicle access during construction and post-construction maintenance. However, the Applicant would still have the ability to use the access easement to Parishville Road during facility operations,but only for the purposes outlined in Condition#6. The Applicant, Mr. Groomes, stated that BREH currently has under development two (2) other projects in Virginia and two (2) projects in West Virginia but does not have any projects currently in operation. As part of this project (Hollow Road Solar, LLC), the Applicant would purchase (and own) the property, noting that the life of the project is at least 30-40 years. Regarding project financing, the Applicant stated that they would not initiate construction until all financing is secured, ensuring that the project would not be partially built-out/incomplete. The Applicant also stated that unlike the other solar projects Frederick County has approved, this project will generate less than 20 MW of solar energy and pursuant to federal law Old Dominion Electric Cooperative (ODEC) is obligated to purchase the energy and capacity from the facility. The Applicant also agreed to increase the setback from residential lots on Anchorage Lane from 50-FT to a minimum of 100-FT. During the public hearing, one (1) member of the public spoke in opposition to the proposed CUP, raising concern about glare from the panels and impact of the proposed facility would have on his 128 Page 9 CUP 901-21 —Hollow Road Solar, LLC February 24, 2021 view. Following the public hearing and further discussion from the Planning Commission, Commissioner Oates noted that the topography of the site and orientation of the panels would ensure the project would have very little impact on the residences along Parishville Road. Ultimately, Planning Commission voted 8-3-2 (Commissioners Cline, Jewel & Marston — No; Commissioners Dawson & Molden — Absent) to recommend approval of the proposed CUP for a utility-scale solar power generating facility with a request to increase the project setback to 100-FT from residential lots along Anchorage Lane. Following this public hearing a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Any recommendation for approval should also include a statement affirming that the proposed solar facility is in substantial accord with the Comprehensive Plan. 129 e„,g - rvvRinwo�mrtry - WHIidCRE RD `NORTHWESTERN PIKE PIKE: - 152 PIKE •,8459 PARISHVILLERD 165 p .. y192 F WHIiACRE RD .:, NORTHWESTERN PIKE 8201PARISH VILLE RD 188 .-Y `NORTHWESTERN 188 WHIiACRE.RD 8471 4' PIKE ''' 'PARISHVILLERD 15� NORTHWESTERN ' WHIiACRE RD .:,PIKES 8473 7901 WHIiACRE RD NORTHWESTERN NORTHWESTERN 779 PIKE 221 PIKE NORTHW 8205 PARISHVILLE RD 1�f PIK NORTHWESTERN 7689 PIKE .' � NORTHWESTERN 776 pI� NORTHW 27 A 8 PIK 480 PARISHVILLE RD 181 218 440 PUG-LN 230 PUGH IN PARISH V. RD 590 119 PUGH IN 257 FARISHVILLE RD ANCHORAGELN PUGH LI 536 157 PARISHVILLE RD 120 ANCHORAGE LN 684 USHVILLE RD ANCHORAGE LN -. 505® 230 257 257 PARISHVILLE RD PARISHVILLE RD 156 PUGH LN PUGH LN PUGH LN AN. 01 AGE LN 692 125 163 \RISHVILLE RD 110 WELBOURNE LN �HOLLOW 00 WELBOURNE LN ANCHORAGE LN. 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HOLLOW RD *.. 585 X163 ✓IEEE RD pARISHVILLE RD •� 257 HOLLOV 1.73 60� WELBOURNE LN 322 PUGH LN 163 PARISHVILLE RD HOLLOW RD HOLLOW RD 669 � SALE RD _ 694 -. *� PARISH MLLE RD 2J A Ftpp 975 '° HOLLOW RD - 6A R, 27 A 12 'i, PII 36 CARE PIA MPS1�.. HOLLOW RD �• Y� �` ,', � 960 �= PIKE %�//mwr t Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant(check one): Property Owner Other_ ✓� NAME: Hollow Road Solar,LLC ADDRESS: 112 South Street SE,Suite A,Leesburg,VA 20175 TELEPHONE: (703)268-2562 2. Please list all owners, occupants, or parties in interest of the property: National Fruit Orchards Inc. 3. The property is located at: (please give exact directions and include the route number of your road or street) 806 Hollow Road,Gore,Virginia 22637 Access either through end of Anchorage Lane over right-of-way to property or via gravel road over parcel located at 339 Parishville Road(27-A-8) 4. The property has a road frontage of feet and a depth of feet and consists of 326 acres. (Please be exact) 5. The property is owned by National Fruit Orchards Inc. as evidenced by deed from _ (previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6.Property Identification Number(P.I.N.) 27-A-8,27-A-11 &27-A-12 Magisterial District Gainesboro Current Zoning RA 5 132 7. Adjoining Property: USE ZONING North See Exhibit A East South West 8. The type of use proposed is (consult with the Planning Dept. before completing): Utility-scale solar facility pursuant to Sec. 165-401.3CC 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Gary Herbert Weissman and Susan Mary Lamont Weissman 1025 Union Church Rd. Property#27-A-10 McLean, VA, 22102-1117 NameJohn H. and Kayla M. Evans 156 Anchorage Lane Property#26-7-4-27 Gore, VA 22637-2256 Name Chad D. Lemons 157 Anchorage Lane Property#26-7-4-28 Gore, VA 22637-2256 Name Erin Lee Dehaven 3220 Siler Rd. Property#27-A-53C Winchester, VA 22603-2019 Name Carolyn L. and Erin L. Pugh 634 Whitacre Rd. Property#27-A-53D Gore, VA 22637-2152 Name Donald O. and Geraldine L. Wilkins 301 W Cedarmeade Ave. Property#27-A-50 Winchester, VA 22601-3447 Name Margaret Chapin 1034 Meadowbrook Ave. Property#27-A-14 Los Angeles,CA 90019-6709 6 133 M r Name and Property Identification Number Address Name Jennifer Pugh-Carter 181 Pugh Lane Property#27-A-53B Gore,VA 22637 Name Ronald Ray Carter 3813 Timber Ridge Road Property#27-A-5 Capon Bridge,WV 26711 Name William H.Warner 188 Parrishville Road Property#27-A-6 Gore,VA 22637 Name Tammy L.Jennings Trustee 889 Mountain View School Road Property#27-A-8B High view,WV 26808 Name Ronald W.Tuttle 930 Armistead Street Property#27-7-4-29 Winchester,VA 22601 Name Ernest A.Kline 440 Parrishville Road Property#27-A-9 Gore,VA 22637 Name Joseph Henry&Robin Gattshall 119 Anchorage Lane Property#26-7-4-30 Gore,VA 22637 Name SVEC P.O.Box 236 Property#27-A-8A Mt.Crawford,VA 22841 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 7 LO M r ff nd Property Identification Number Address ks A. Levering 26-7-1-3, 26-7-1-2, 26-7-1-1 49 Salem Ln 6-7-1-4, 26-7-1-5, 26-7-1-7, Little Silver, NJ 07739 Name Weissman Gary & Mary (Trustee) 1025 Union Church Rd Property#26-7-2-8 McLean, VA 22102 Name Robinson, Terry & Hallowell Joseph 1151 Hollow Rd Property#26-7-2-9 Gore, VA 22637 NameSampias, Joseph R. 26-7-3-20 P.O. Box 207 [Property#26-7-2-10, 26-7-2-13,26-7-3-19 Gore, VA 22637 Name Hickman, Keith & Teresa 745 Parishville Rd Property#26-7-2-11 Gore, VA 22637 Name Dorman Daniel & Tanya 721 Parishville Road Property#26-7-2-12 Gore, VA 22637 Name Vance Robert & Karen 669 Parishville Rd Property#26-7-2-14 Gore, VA 22637 Name Barber, Wayne & Jane 98 N. Longview Rd Property#26-7-2-15 Capon Bridge, WV 26711 ENamoAi.ter, David & Cheryl P.O. Box 3465 -7-2-16 Winchester, VA 22604 Name O'Brien, Michael & Barbara 585 Parishville Rd Property#26-7-2-17 Gore, VA 22637 NameMitchler, Edward & Patricia 110 Welbourne Lane Property#26-7-3-18 Gare, VA 22637 Name Kite, Corey & Sarah 173 E2637 urne Lane Property#26-7-2-21 Gor NameRannelis, Gary & Ellen 151 urne Lane Property#26-7-3-22 Gore2637 Name Hand, Robert 125 Welbourne lane Property#26-7-3-23 Gore, VA 22637 M r Name and Property Identification Number Address Name Rogers, Andrew & Janet 505 Parishville Road Property#26-7-3-24 Gore, VA 22637 NameEllis, William & Gonna 120 Anchorage lane L:: #26-7-4-25 Gore, VA 22637 Naatherman, Rodney & Ruth 150 Anchorage Lane Property#26-7-4-26 Gore, VA 22637 rNameEva:ns, , John & Kyla 156 Anchorage Lane operty#26-7-4-27 Gore, VA 22637 NameMills, Kenyette & Alan 157 Anchorage Lane Property#26-7-4-28 Gore, VA 22637 Name Tuttle, Ronald & Sarah 930 Armistead St. Property#26-7-4-29 Winchester, VA 22601 Name Henry, Joseph & Gattshall, Robin 119 Anchorage Lane Property#26-7-4-30 Gore, VA 22637 Name Property# Name Property# Name Property# Name [Property# Name Property# Name Property# Name Property# 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 161 rc-Wmon4 {gyp Eft -x IA 2Z61 Owners' Telephone No. 40- (Q(a TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 137 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owne owners'Mailing Address M239=LakesildFDr.Wteppens ity, VA 22655-2335 Owners'Telephone No. 5t 673 /:L70 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 138 REQUFST FOR CONDMONAL USE PER"Iff COMMISNITS, Virginia Department of Transportatloin Mail to: Haud deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn:Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg,Virginia 22824 Winchester,Virginia 22603 The local office of die Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency vdth their review. Also,please attach two (2)copies of your application form, location map and all other pemne—pt in-fibrmation. Applicant's Name: Hollow Road Solar,LLC Telephone: (703)268-2562 Mailing Address: do Blue Ridge Energy&Infrastructure Hot*W LLC 112 South Shoot SE,Suite A Leesburg.VA 20176 Fw'eA noeS�6r ek.C,c m w Name of development and/or description of the request: Request for conditional use perrrit for the develoWent;construcbon and openWon of a u0ty-sale sow Wity pursuant to See.165-401.03CC Location of Property: 806)-hAkm,Road Gore,VA 22637 Virginia Department of Transportation Comments: See attached email from Lloyd Ingram,VDOT to Blue Ridge Energy dated January 22,20201 VDOT Signature&DaZlote: y,�,4 lyg^aw Transportation Engineer 01.22.2021 Notice to'VI)OT-Piease;Return Form to Appliefint 10 �~ From: Rhonda Funkhouse To: motices(ftrehucom;bhanzi0breh.corn «c: Lloyd Ingram;Tyler Klein Subject: ^LcxtemaU"Hollow Road snlar,uc-vPorcommontsmoop mme' pnxa»3nnvary, 22'20218:0*:16AM Attachments: Hollow Road Solar,LLC-Comment Sheet.12d �~�h De v''g'r/a pa'xmneot ����°�� � o/ 7,an^pw,taloon The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 610, Parishville Road,the VDOT facility providing access to the property. The proposed primary entrance lacks the proper amount of required sight distance fora "Low Volume" Commercial Entrance. This entrance could beused during construction, provided aVUOTapproved "traffic flagging" scenario,as described in the "Work Zone Safety Manual"was approved. The proposedsecondaryaccesspointoffAnchoraQe[Vurt, cou|dbeuNizedasa "LovvVo|ume" Commercial Entrance for maintenance and non-commercial traffic after the "Solar Project" construction was completed. An approved VDDT Land Use Permit would be required for work aL both locations. VDOT would support the Solar Project if the entrance situations were resolved. Should the use expand in the future,the entrance will need to be reviewed,to determine if additional improvements may berequired. Lloyd A^ Ingram I Land Development Engineer Virginia Department ofTransportation 14031 Did Valley Pike Edinburg, VA 22824 . voice: 540/534-3214 fax: 540/984-5607 REQUEST FOR CONDITIONtL USE PEILMIT Cf AVqENTS Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone,Drive Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Hollow Road Solar,LLC Telephone: (703)268-2562___ Mailing Address: c(o Blue Ridge Energy&Infrastructure Holdings LLC 112 South Sb*eet SE,Suite A Leesburg,VA 20175 Name of development and/or description of the request: Request for conditional use permit for the development construction and operation of a utillity�cala solar facility pursuant to See.165401.03CC Location of Property: 806 Hollow Road Gore,VA22637 Fire Marshal's Comments: 4-- Fire Marshal's Signature&Date: Notice to Fire Marshal-Please Return This Form to the Applicant TRZISCEI vrrx-T, N r Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 Phone:540-665-6350 Fax:540.678-4739 fmo@fcva.us Plan ftview Conditional Liss Status: Approved Business Mame Hollow Road Solar,LLC 806 Hollow Rd Gore,Virginia 22637 Phone:703-268-2562 Main Contact: Blue Ridge Energy&Infrastructure Holdings, LLC Printed Date: 1 211 512 02 0 Information Received Date: 1211112020 Occupancy Type: Review Begin Date: 12/15/2020 Property Use: Review End Date: 12!15!2020 Activity Number: 112BJ020 Hours: 1.0000 Review Cause: New Construction • Details Project Name Solar Facility Adam Hounshell Lieutenant(Assistant Fire Marshal Page 1 of 1 REQUEST FOR CONDITIONALL USE PERMIT COMMENTS Frederick County inspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street;2°d Floor Attn: Building Official Winchester,Virginia 22601 107 North Kent Street,2"1 Floor (540)665-5650 Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2)copies of your application form, location map and all other pertinent information. Applicant's Name: Hollow Road Solar,LLC Telephone: (703)268-2562 Mailing Address: CIO Blue Ridge Energy&Infrastructure Holdings LLC 112—i�W Street SE,Suite A DEC 112020 Leesburg,VAiiii75 24".A Frederick County <OWN Public Works& Inspections Name of development and/or description of the request: Request for conditional use permit for the development construction and operation of a utility-scale solar facility pursuant to Sec C—, Location of Property. 806 Hollow Road Gore,VA 22637 Building Official's Comments: f 4 Building Official's Signature&Date: Notice to Inspections Department-Please Return This Form to the Applicant 12 Iq Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia Building Code,U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chap 16 VBC. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc..). SASite Plan comments\2015\CUP Solar Arrays.doc Lr) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Public Works Comment Mail to: Hand deliver to: Frederick County Public Works Department Public Works Department 'ED Attn: County Engineer 107 North Kent Street,2nd Floor DEC 11 2020 107 North Kent Street Winchester, Virginia 22601 Winchester,Virginia 22601 Phone: (540)665-5643Frederick CountyPublic Works& Inspections Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one�I Ic_ary sof the Site Plan.with this sheet. Applicant's Name: Hollow Road Solar,LLC Telephone: (703)268-2562 Email Address: notices@breh.com Mailing Address: c/o Blue Ridge Energy&Infrastructure Holdings LLC 112 South Street SE.Suite A Leesburg,VA 20175 Name of development and description of the request: Request for conditional use permit for the development,construction and operation of a utility-scale solar facility pursuant to sec.165-401.03CC Location of Property: 806 Hollow Road Gore,VA 22637 Public Works Department Comments: oil 5 -0 _Ve eo —A-4- -k� C4-1 r z C -FREDERICK COUNTY PUBLIC WORKS DEPARTMENT USE ONLY- Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Approved Signature&Date: Please Return Form to Applicant** 19 to 614 7-WO­ 0?-SC j 4) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester-Frederick County Health Department Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street, Suite 201 Winchester,Virginia 22601 Winchester, Virginia (540) 722-3480 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form, location map and all other pertinent information. Applicant's Name: Hollow Road Solar,LLC Telephone: (703)268-2562 Mailing Address: do Blue Ridge Energy&Infrastructure Holdings LLC 112 South Street SE,Suite A Leesburg,VA 20175 F-VPI.C.1 PbI4 ccs'Z to ireA,.r-a t" Name of development and/or description of the request: Request for conditional use permit for the development,construction and operation of a utility-scale solar wiity pursuant to Sec.165-401.03CC Location of Property: 806 Hollow Road Gore,VA 22637 Frederick-Winchester Health Department's Comments: J. t7)\,j v9, Health Dept. Signature a Dat Notice to Health Department- Please Return This Form to the Applicant COUNTY of FREDERICK Department of Planning and Development 5401665-5651 Fax: 5401665-6395 November 19, 2020 Hollow Road Solar, LLC Blue Ridge Energy& Infrastructure Holdings LLC 112 South Street SE, Suite 2A Leesburg, Virginia 20175 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit—Hollow Road Solar—Utility Scale Solar Project Zoning: RA (Rural Areas)District Magisterial District: Gainesboro Dear Applicant: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on October 20, 2020. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to construct a utility scale solar project located on two parcels of land that total 236 acres. The project will consist of rows of ground-mounted photovoltaic modules,commonly known as solar panels. The site is located at 806 Hollow Road in Gore, in the Gainesboro Magisterial District and identified by Property Identification Numbers (PINS): 27-A-11 and 27-A-12. Historic Resources Advisory Board Comments: The HRAB discussed the site and the potential visual impact the project would have on surrounding historic resources. The project is adjacent to Sunrise (DHR#034-0486) which is listed on both the State and National Register of Historic Places. The site also has extensive frontage on Hollow Road which is listed as eligible for the historic register. There are also a number of identified historic sites within the vicinity which have not been evaluated and therefore their historic significance is unknown. The HRAB noted that there is a historic farm complex located on the site that had not been identified by the applicant; the site consists of a vacant dwelling and bam which were pictured in the Environmental Report. The HRAB stated that most likely this is a significant historic structure given the location and photographs included in the Environmental Report. It was noted by the Board that this structure has much architectural integrity (pattern of the house, central chimney, collection of structures, 18ffi century house) and most likely important to the early history of this area. The HRAB noted that this structure needs to be surveyed and preserved (mothballed), not demolished as proposed. The historical significance of Hollow Road which is eligible for the State and Natural Register (also included in a book by Willa Cather) was also discussed. The HRAB expressed concern that a viewshed analysis had not been completed,and therefore the visual impact is unknown. 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 00 Historic Resources Advisory Board CUP Comments—Hollow Road Solar November 19,2020 Page 2 After reviewing the information provided, the Historic Resources Advisory Board (HRAB) recommended approval of the CUP with the following conditions: • While a Phase I Archeological Survey will be completed as part of the permitting of this project, the investigation into the structures on the subject property need to go further. The survey needs to document the collection of historic structures on and around this development. • A Phase 11 Survey needs to be conducted for the house/barn and surrounding site area. • All proposed disturbance areas need to be moved away from the house and barn. • The structures on the site need to be retained, stabilized and preserved (mothballed). Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA, Assistant Director CEP/pd cc: Chris Oldman, HRAB Chairman Tyler Klein Brenda HanzI bhanzlgbreh.com CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: National Fruit Orchards Inc. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 701 Fairmont Avenue,Winchester,VA 22601 (540)662-3840 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or pareel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 27-A-11,27-A-12 do hereby make,constitute, and appoint: Patrick E.Groomes Name of Attorney-In-Fact 112 South Street SE,Suite A,Leesburg, VA 20175 (703)268-2562 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli Lation with Frederick County,Virginia for the following, for the above identified property: Rezoning ❑ Subdivision Conditional Use Permit F1 Site Plan Master Development Plan(prelim. or final) M Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: the Attorney-in Fact cannot bind the Property Owner to any obligations that apply if the sale of the land by Property Owner does not close This appoi at it is signed,or at such sooner time as I otherwise Signature Title (if siIt"MAI 11 ff Stateoflf e�il.u,;r County/City 0f ,�c✓rG�jt ,To wit: /�J CCjx/ ✓` ,a Notary Public in and for the jurisdiction aforesaid, certify that the person who ed the foregoing instrument personally appeared before me and has acknowledged the this_ day of ' - ,202o My Commission Expires: 017--fl-.2,022 ANDREW W. WHITE JR. Registration Number: , -� oyils ' Notary Public Commonwealth of Virginia 149 My Commisaion Cp . Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us AM Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 66.5-56.51 Facsimile (540) 665-6395 Know All Men By These Presents That: Diane M.Holmes,Trustee for Cheyenne Faith Fender Name of Property Owner/Applicant Please note: If the property ownerlapplicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 239 Lakeside Dr.Stephens City,VA 22655-2335 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcels)of land in Frederick County, Virginia,identified by following property identification numbers: 27-A-8 do hereby make,constitute,and appoint: Patrick E.Groomes Name of Attorney-In-Fact 112 South Street SE,Suite A,Leesburg,VA 20175 (703)268-2562 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning ❑ Subdivision Ev Conditional Use Permit ❑ Site Plan ❑ Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwi r in or modi it. K Signatur Title(if signing on a o n en t y yr ch a nML f a,fh F-tr�Qr State of V I CI rUl m- q-etmty/City of t r c tie S'Le f ,To wit: w 13,k +d t I a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the fiction aforesaid this 2S*-"'day of J a Lu ait ,2021. My Commission Expires: 77-5579 Notary Public DREW BATTAILE Registration Number: Mo V. 3s 1 �o�! NOTARY PUBLIC Commonwealth of Virginia Reg.#7735797 My Commission Expires November 30,202 1 150 2/2/2021 Untitled Page Frederick Home Frederick County Virginia LIFE ar mE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket# RE2020/284660002 Frequency 2 Supplement# 0 Name NATIONAL FRUIT ORCHARDS INC Map# 27 A 12 Account# 8004933 Name 2 Bill Date 04/13/2020 Acreage 55.000 Address 701 FAIRMONT AVE Due Date 12/07/2020 Improvements $0.00 Desc 55.00 ACRES Land Value $165,000.00 WINCHESTER VA Land Use $18,300.00 Zip 22601 4987 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/30/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $55.81 ($55.81) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/13/2020 Charge 0 $55.81 $55.81 11/30/2020 Principal Paid 35016 ($55.81) $0.00 Previous https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 151 2/2/2021 Untitled Page Frederick Home Frederick County Virginia LIFE ar mE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket# RE2020/284650002 Frequency 2 Supplement# 0 Name NATIONAL FRUIT ORCHARDS INC Map# 27 A 11 Account# 8004932 Name 2 Bill Date 04/13/2020 Acreage 181.690 Address 701 FAIRMONT AVE Due Date 12/07/2020 Improvements $400.00 Desc 181.69 ACRES Land Value $454,200.00 WINCHESTER VA Land Use $77,300.00 Zip 22601 4987 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/30/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $236.98 ($236.98) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/13/2020 Charge 0 $236.98 $236.98 11/30/2020 Principal Paid 35016 ($236.98) $0.00 Previous https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 152 2/2/2021 Untitled Page Frederick Home Frederick County Virginia LIFE ar mE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2020 REAL ESTATE Dept/Ticket# RE2020/9100002 Frequency 2 Supplement# 0 Name HOLMES DIANE M TRUSTEE Map# 27 A 8 Account# 8004929 Name 2 FOR CHEYENNE FAITH FENDER Bill Date 04/13/2020 Acreage 120.470 Address 839 MOUNTAIN VIEW SCHOOL RD Due Date 12/07/2020 Improvements $308,600.00 Desc 120.47 ACRES Land Value $445,600.00 HIGH VIEW WV Land Use $170,600.00 Zip 26808 9626 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 05/29/2020 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,461.56 ($1,461.56) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/13/2020 Charge 0 $1,461.56 $1,461.56 5/29/2020 Principal Paid 13267 ($1,461.56) $0.00 Previous https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 153 Conditional Use Permit Impact Analysis Statement Hollow Road Solar A. Suitability of the Site 1. General Overview Hollow Road Solar, LLC ("Hollow Road Solar") is a wholly owned, indirect subsidiary of Blue Ridge Energy Holdings LLC. Hollow Road Solar has the right to acquire approximately 236 acres (parcels 27-A-11 and 27-A-12) located at 806 Hollow Road in Gore (" Project Site"). The Project Site is just slightly over 1,000 feet from Shenandoah Valley Electric Cooperative's ("SVEC") Gore substation. The Project Site was previously operated as an apple orchard by National Fruit Orchards Inc. ("National Fruit"). National Fruit decided to discontinue operations at the Project Site and put the property up for sale. Recognizing the advantages of the proximity of the Project Site to the Gore substation and the benefits to the local community of being able to repurpose the land in a productive manner that preserves the rural nature of this area of Frederick County without corresponding strains on local infrastructure and resources, Hollow Road Solar decided to pursue the development of an approximately 20 megawatt ("MW") photovoltaic solar generation facility at the Project Site ("Project"). The Project Site currently is zoned RA. Section 165-401 of the Frederick County Zoning Ordinance("FCZO") permits a multitude of uses for land zoned RA, including single-family homes (one per every five acres); group homes; radio and television towers;oil and gas exploration;and public utilities, such as coal-or gas- fired generation facilities. However, pursuant to an amendment to § 165-401.02Q of the FCZO in January of 2020, utility-scale solar facilities were specifically excluded from the public utilities permitted use and, as such, a conditional use permit is required. Hollow Road Solar is submitting this Impact Analysis Statement in support of its application for a conditional use permit for the Project, as now required by § 165-401.03CC of the FCZO. 2. Site Composition and Project Layout The Project is graphically depicted on the Preliminary Site Plan prepared by The Timmons Group and attached hereto as Exhibit A. The solar panels will be on ground-mounted trackers that will be attached to metal racking, which, in turn, is attached to metal posts driven approximately six feet into the ground. The solar panels will stand approximately 7 feet above ground level when flat and up to a maximum of approximately 13 feet when tracking. After accounting for various characteristics inherent in photovoltaic solar generating facilities, the Project is expected to deliver approximately 18 MW of electric energy to the Gore substation via a tie line running approximately 1,000 feet from the Project Site to the Gore substation through a subsurface easement on parcel 27-A-8. The Project Site has two access points. The first is via a right-of-way over parcel 27-A-8 from Parishville Road to the Project Site. A right-of-way over this parcel was National Fruit's primary method of accessing the Project Site and will also be Hollow Road Solar's primary method of access. The second access point is over Anchorage Lane and then over a right-of-way extending from the end of Anchorage Lane to the Project Site. The rights-of-way for access and the easement to connect to SVEC's Gore substation are discussed in further detail below in Section D. 1 154 Currently, it is not expected that the Project will incorporate mass storage batteries, but Hollow Road Solar remains open to discussion about incorporating storage should potential offtakers demonstrate a need for storage. In the event an offtaker requests the incorporation of storage, Hollow Road Solar would submit an amended conditional use permit application incorporating such storage into the design of the Project. As can be seen in the Preliminary Site Plan, much of the border of the Project Site to the east, south and west contains woodlands, which provide a natural setback and buffer between the Project Site and the contiguous parcels. The proposed layout will leave much of those woodlands intact. Hollow Road Solar will retain existing apple trees to the north and northwest and/or place such other landscaping screens in such areas as is usual and customary for such projects. There is no 100-year floodplain located within the Project Site. No known subsoil conditions have been identified that would make the installation of solar panels problematic. A full geotechnical study will be conducted prior to construction to identify any adverse subsurface conditions. The Project lies at approximately 1,164 feet above mean sea level (amsl) and the topography of the area of the property is hilly. Areas of high slope (>15%) which are not practical to grade for tracker installation will be avoided.The surface elevation varies from 903 to 1,170 feet amsl. Natural surface water drainage for the Project Site is generally south southeast. The Applicant conducted an archival database review and found no jurisdictional wetlands present on the property. The Applicant will conduct a wetland delineation study and obtain approval from the Army Corps of Engineers. This approval is required to obtain authorization for the project under the Virginia Department of Environmental Quality's Permit-by-Rule ("PBR") process. Also, as part of the PBR process a Threatened and Endangered Species evaluation will be conducted. Coordination with the Virginia Department of Wildlife Resources and Department of Conservation and Recreation will proceed to assess for the presence of threatened and endangered species on the project area and to determine appropriate mitigation, if required. Assuming timely completion of the interconnection process with PJM Interconnection, LLC ("PJM"), Hollow Road Solar expects to commence construction around December of 2021 and reach commercial operations by May of 2022. During the approximately four-month construction period, construction crews will be present and will be accessing the Project Site. Once completed,the Project will be monitored remotely, with a limited number of personnel accessing the Project Site while in operation to inspect, maintain and repair the site and Project equipment, as necessary. 3. Decommissioning As required by law, Hollow Road Solar will commit to a decommissioning plan for removal of the equipment both above and below ground and return of the land to substantially its original condition upon retirement of the Project. The decommissioning plan will provide for security that runs to the benefit of the County as required by state statute. B. Comprehensive Plan Conformity As set forth in the 2035 Comprehensive Plan, Frederick County, Virginia, adopted January 25, 2017 ("Comprehensive Plan"), the County is striving to maintain a balance between rural and urban areas. 2 155 "Preserving and protecting rural areas of Frederick County is important not only to ensure the economic viability of agricultural and forestall operations but to also guarantee that those lands are present for the use and enjoyment of future generations." As noted above, the Project Site is zoned RA. Utilizing the Project Site for solar generation is one of the lowest impact uses permitted under the FCZO. Compared to other potential uses, the Project will not include high-rise structures, such as radio or television towers or a gas-fired power plant; increased housing density, which would produce higher traffic volumes on Parishville Road and surrounding areas; the drilling of exploration wells that would be occur with natural gas development; or many of the other adverse impacts that come with utilization of the property for other permitted RA uses. Once constructed, the Project will be quiet, have a low visual impact compared to many other RA uses and will not produce a strain on local resources. Furthermore, the County and its residents will know that the land will not be placed in any such use for several decades. At the end of the Project's life,the plant and equipment can easily be removed with little impact on the land and return the land essentially to the condition it is in today. C. Agricultural and Forestal Considerations The site contains forested areas. However, no area is in a zoned forestal district. The Project is planned to be constructed on the land previously utilized as an orchard and any forested tree clearing will be minimized. D. Surrounding Properties As set forth in Sections 7 and 10 of the Application,the Project Site is bordered by eight properties. Of those eight properties,three will be directly impacted during the construction of the facility.The Project Site is benefitted by an existing right-of-way that extends from the end of Anchorage Lane along the borders of parcels 26-7-3-20 and 26-7-3-21 to parcel 27-A-11.The landowners of parcels 26-7-3-20 and 26- 7-3-21 have been made aware of, and not objected to,the use of the existing right-of-way for access to the Project Site for construction of the Project. Hollow Road Solar also has reached out to the remaining four landowners on Anchorage Lane, two who have responded and stated they have no objection to Anchorage Lane being used to access the Project Site during construction. We continue to follow up with the remaining two Anchorage Lane landowners. The other property that will be directly impacted during construction is parcel 27-A-8, which is referred to in various Project Documentation as the "Anderson Parcel". Historically, National Fruit Orchards Inc. accessed parcel 27-A-8 via a right-of-way extending from Parishville Road over the Anderson Parcel to the northern edge of parcel 27-A-8. Hollow Road Solar has secured rights-of-way and easements over the Anderson Parcel to provide for access to the Project Site during construction and operation, as well as interconnection access from parcel 27-A-8 under the Anderson Parcel to parcel 27-A-8A, which is the Shenandoah Valley Electric Cooperative's Gore substation.The property identified with PIN 27-A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8. We have reached out to all of the remaining landowners identified in Section 10 of the Application. We have received favorable responses from the owners of parcels 27-A-50 and 27-A-53C and 27-A-10.We have not heard back from the owner of parcel 27-A-14 and will continue to follow up with them. 3 156 E. Traffic Hollow Road Solar expects construction to be completed within four months. Once construction of the Project is completed, the impact of the Project on traffic essentially will be unnoticeable other than for limited periods of maintenance. Traffic management during construction will be addressed by the Project's construction plan, which will be developed in close coordination with the County. F. Sewage and Conveyance Treatment The Project will not produce any sewage. G. Water Supply The Project will not use water. H. Drainage An exhibit depicting the drainage flows is included with the Preliminary Site Plan. As part of the formal site plan review process,detailed preliminary erosion and sediment control and stormwater management plans will be prepared that identify best management practices required to minimize the discharge of sediment into surface water bodies and sensitive areas of the Project Site, meeting all required rules and regulations set forth by the Virginia Department of Environmental Quality. I. Solid Waste Disposal Facilities There is virtually no solid waste produced from operation of a solar facility. Any waste generated during construction or decommissioning will be disposed of in accordance with federal and state law and Frederick County ordinances. During decommissioning (or arising from maintenance or replacement during the operational life of the Project), any materials that can be recycled in a commercially reasonable manner will be recycled rather than disposed of as solid waste. J. Historic Sites and Structures Hollow Road Solar commissioned a desktop review of the Department of Historic Resource's Virginia Cultural Resources Information System to identify any previously recorded historic and cultural resources. No known cultural resources exist within the Project Site. Hollow Road Solar will pursue authorization for the project under the Department of Environmental Quality's PBR process. As required, an archaeological and architectural investigation will be conducted by a qualified historian, resulting in a Phase I Cultural Resources survey which will be submitted to the Department of Historic Resources for review. K. Impact on Community Facilities Education The Project will have no adverse impact on education. Police Protection This is typically required, if at all, during the construction phase. Fire and Rescue Protection 4 157 Any impact on fire and rescue protection should be minimal and predominantly during the construction phase, as with any other construction project. Solar facilities do not present an inherent risk of fire. Parks and Recreation The Project will have no impact on the County's park and recreational resources. Solid Waste Disposal See above. Other Government Activities The Project will not adversely impact any other government activities. I. Other Impacts Hollow Road Solar believes that repurposing the Project Site for solar generation has substantial long- term benefits for the County and its residents. As noted above, utilizing the Project Site for solar precludes the site from being developed in a manner that while consistent with the FCZO, may present some tension with the objective of preserving the rural nature of this part of Frederick County. Additionally, as older power plants serving the region are retired, replacing that electric generating capacity with clean energy sources, such as solar,will contribute to cleaner air, soil and water for residents of Frederick County,thus furthering the County's objective of protecting the rural and agricultural nature of western Frederick County. 5 158 DECOMMISSIONING PLAN (Frederick County) L Introduction This plan for decommissioning (the "Plan") is provided on January 21, 2021 and revised February 24, 2021 in accordance with Va. Code Ann. § 15.2-2241.2 and is for the Hollow Road Solar Project (the "Project") located in Frederick, County, Virginia (the "County"), and shall be binding on the owner of the facility (the"Facility Owner")and each successor and assignee. The purpose of the Plan is to ensure the Project is properly removed at the end of the Project's useful life, or earlier if abandoned in whole or in part, and that the Project site is restored to pre-existing conditions. Pursuant to this Plan, a Decommissioning Cost Estimate will be provided for County review prior to the site plan approval and updated every five (5)years during the Project Life. II. Decommissioning The expected life of the Project is the period during which the facility can produce electrical energy generation (the "Project Life"). At the end of the Project Life, or earlier in the event of abandonment of all or a portion of the Project, the Facility Owner shall decommission the Project or a portion thereof, as set forth below. Decommissioning generally proceeds in reverse order of installation of the Project. The decommissioning process for the Project is generally expected to occur as follows ("Decommissioning"):' 1. The facility is disconnected from the utility power grid. 2. Solar arrays are disconnected, collected, and either shipped to another project, salvaged, or submitted to a collection and recycling program. 3. Electrical interconnection and distribution cables are removed and recycled off-site by an approved recycler. 4. Array support H-beams and racking are removed and recycled off-site by an approved metals recycler. 5. Electrical and electronic devices,including transformers and inverters are removed and recycled off-site by and approved recycler. 6. Concrete pads (if used for the inverter blocks) are removed and recycled off-site by a concrete recycler. 7. Fencing is removed and recycled off-site by an approved recycler. 8. Any interior Project roads, typically constructed of 4" aggregate base, can either remain onsite should the landowner choose to retain them, or be removed and the gravel repurposed either on- or off-site. 9. Dispose of any components in a landfill that cannot be salvaged/recycled, re-sold or reused. 10. Stabilize any exposed soil where equipment was removed, consistent with County and other applicable erosion and sediment control standards. It is expected, but not required, that most components of the Project will be salvageable, recyclable, re-usable or re-salable. 159 11. Maintain and replant turf-grass throughout the site, as necessary, unless required otherwise by the landowner. 12. The Project does not generate any hazardous materials. In the unlikely event, and to the extent that, any hazardous materials, as defined by federal, state and/or local laws, are present due to the Project, as part of Decommissioning the Facility Owner shall dispose of all such materials in accordance with applicable federal, state and local laws and regulations governing such materials and the disposal of the same. 13. Unless agreed otherwise by the landowner, the Project site is returned to its condition prior to installation of the Project, in accordance with applicable land use regulations in effect at the time of Decommissioning. III. Decommissioning Cost Estimate The Facility Owner shall provide an estimate of the cost to decommission the Project (the "Decommissioning Cost Estimate") prepared by a Virginia Licensed Engineer prior to site plan approval for installation of the Project, which shall include the following: (a) The gross estimated cost to perform Decommissioning as set forth in Section II above ("Gross Cost"); (b) An administrative and inflation factor of 10%of the Gross Cost(the"Admin Factor"); (c) The estimated resale and salvage values associated with the Project equipment ("Salvage Value"); and (d) A reduction in the Salvage Value by 10% such that only 90% of the Salvage Value can be used as a credit against the Gross Cost and Admin Factor. The Salvage Value multiplied by 90%is the"Salvage Credit." Thus, the Decommissioning Cost Estimate formula is: Gross Cost+Admin Factor— Salvage Credit=the Decommissioning Cost Estimate. The Facility Owner shall provide an updated Decommissioning Cost Estimate on every 5th year anniversary of the date on which the Project is placed into full commercial operation (which for clarification shall not be prior to the date on which the Facility successfully completes testing) during the Project Life, which shall account for inflation, cost and value changes, and advances in decommissioning technologies and approaches. If the Project lies on property owned by more than one person, entity or group (multiple owners), the Decommissioning Cost Estimate shall include a table allocating the Decommissioning Cost Estimate across the Project site,based on the percentage of generating capacity in megawatts(MW)attributable to each separately owned part of the property (the "Cost Allocation"). 2 160 IV. Timing for Decommissioning Upon the earlier of: (i) Completion of the Project Life; or (ii) Abandonment of the Project or any portion thereof, the Facility Owner shall promptly arrange for and be responsible for the full Decommissioning of the Project. If the Project or any portion thereof has ceased operations and is not maintained for a continuous period of longer than one(1)year and decommissioning is required before the end of the Project Life, the County may provide written notice of suspected abandonment to the Facility Owner. Upon receipt, the Facility Owner shall have a sixty (60) day period in which to refute the claim,remedy any problem, commence Decommissioning, or show why more than sixty (60) days is reasonably necessary to remedy the problem. If at the end of the sixty (60) day period the parties are unable to resolve amicably any dispute arising out of or in connection with this Decommissioning Plan, then such dispute shall be resolved by an action filed in the Circuit Court of Frederick County, Virginia. V. Partial Decommissioning If Decommissioning is triggered for a portion,but not the entire Project,prior to the end of the Project Life, the Facility Owner shall commence and complete Decommissioning, in accordance with the Decommissioning Plan, for the applicable portion of the Project. If a portion of the Project is Decommissioned, the remaining portion of the Project would continue to be subject to this Decommissioning Plan. VI. Completion of Decommissioning Decommissioning will be complete when the County Construction Official or County Engineer, or another party appointed by the County, determines that Decommissioning has been completed in accordance with this Decommissioning Plan by issuance of a letter to the Facility Owner. VII. Default by the Facility Owner If the Facility Owner is in default of its obligation to commence or complete Decommissioning, and such default remains uncured for more than sixty (60) days (as explained in Section V above), each landowner shall have the right to commence Decommissioning activities within the area it owns. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the Facility Owner, including the County's zoning powers. VIII. Notice under this Decommissioning Plan Hollow Road Solar, LLC Department of Planning & Development 112 South Street SE, Suite A County of Frederick, Virginia Leesburg, VA 20175 107 North Kent Street Attn: Legal Department Winchester, Virginia 22601 Attn: Planning Director 3 161 IX. Financial Security Financial security shall be in an amount equal to the Decommissioning Cost Estimate (as determined by a Virginia licensed Engineer in Section III) (the "Decommissioning Security"). When the Decommissioning Cost Estimate is redone during the Project Life, the Facility Owner shall adjust the amount of the Decommissioning Security to match the updated Decommissioning Cost Estimate. If the Facility Owner is not a public utility company or an independent power producer with an investment grade credit rating with Moody's or Standard and Poor's (a"Qualified Company"), prior to commencement of commercial operations the Facility Owner shall provide financial security for the removal of the Facility. If the Facility is bought by an entity that is not a Qualified Company,that purchaser shall provide such financial security and the existing Facility Owner shall remain liable hereunder until such purchaser has complied in full with the financial security obligations set forth herein. If such financial security is required to run to the benefit of the County, such security shall also run to the benefit of the landowner. The Facility Owner will only be required to provide one instrument or obligation equal to the Decommissioning Security to satisfy its obligations to both the County and the landowner. The Decommissioning Security may be provided in one of the following forms: (i) a surety bond, (ii) a letter of credit from a financial institution, (iii) a parent guaranty, or (iv) such other financial instrument as is commonly used in business to secure monetary obligations, so long as such instrument is irrevocable unless replaced with cash or other form of security reasonably acceptable to the parties that benefit from such security. 4 162 Executed as of the date first written above: LLC Title: President Signature Page to Decommissioning Plan 163 d SOLAR FARM ,.0 SOLAR ELECTRIC POWER GENERATION FACILITY FREDERICK COUNTY, VA APPROVED BY FREDERICK COUNTY ZONING sheet List Table ADMINISTRATOR ON COVER SHEET 20_.SITE PLAN VALID FOR FIVE(5)YEARS INTENTIONALLY LEFT EITANA FROM APPROVAL DATE. PRELIMINARY SITE O-AN RETAITS PRIMEFARMINDMAP FREDERICK COUNTY ZONING ADMINISTRATOR PROJECT AREA �2> LL o¢_ J 2 OL N" PROJECT AREA ACREAGE:236.69 ACRES Anruoe 39.16 579 VICINITY MAP LONGITUDE:-78.215257 WATERSHED:CONOCOCHEAGUE-OPEQUON SCALE: 1"=2,000' HYDROLOGIC UNIT CODE:02070004 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS DEVELOPER ENGINEER RE-�SONs TBD S GROUP ST NW, 623 H ST NW,SECOND FLOOR WASHINGTON, DC 20001 • PHONE: (202)919-2246 ci.o a s� 164 C2.0 - INTENTIONALLY LEFT BLANK 10 - i o _4 C11111- / / I / / \ 27 ___ �•• / .;,. . A 1W / OPT ON iA NN {j/ ON PAI Ln OIM - ab t6y - ON ! _ CONNECT TO RE 1. 211111 TAI—IEFT LE "I GIELIRR SIT ST L'ON AlA LEGEND: �\ 27 � � �� ° 21 11 2L 11 111RIPAREIT-1—N-1 1� "I EASURT NOSEMENT REQUIRED 1-11—HINI [25C PROTECT ENTRANCE 1a. c \ o / ------- ADJACENT PROPERTY LINE - SETEACHS -- -- 5 CONTOUR INTERVALS "s ET 50 PA;Eop m coNToul INTERVALS .\ �, /\ _ U3 C EXISTING CREEP \ Q- j '� A F �` DC7 r 0 ROAD EXISTING LOAD `\ Sm zo z OND f s �— �143p NkoNOSEN,u wNOe�EeTHENN j �V \.. } SO TIANSM SON LINE 0 SUBSTATION n �' 1. ;� �p o a f a oe g 0 POWER STATIONOCo o So"'PANEOST ODNvs TNIDCTDIq c113 �'v WOODLANDS THAN Es(cIEATEI STEEP SLOPES FOIE' D srI cT f EXISTING c IEE vP) HAGARD FLOOD EXISTING STRUCTURE as as a ' a / o«owRo © ,o tE,u/ NOTES: f / ,� ✓' ��- 6�g6' \ cEPT ERE1.FEET �- 1OF REATRE.00D'ND, RE EEaa PaNTEE ARE LOIATEO INTH ESHONOMaOSTENAL PRELIMINARY OONTEDFROMNaTONALWETAND © ter! /' \ SITE PLAN ESODNIED FROM NATIONAL 11DNOONaPHPDATARET v �,. FLOOD"ARD DATA'O'RED FROM FEMA OVER TOTAL DAREAOETHESDNERPNOPENTP 1W66 SCALEAIREA ,,3 12 TOTAL OIED IND AREA TO HE DEVELOPEDIR 121 , % No GO OWN O,EREML FEAT,RE,aNEEO TEOWTHNTHE � OO C3�0 166 IL ag _ SITE PARCEL OWNERS • p IDENTIFIER PIN OWNERNAZONE GIBACREAGE USE ••' w6£' 1 27 A 11 NATIONAL FRUIT ORCHARDSDS 1INC RA 181.69 ORCHARD • i LANDSCAPINGNEGETATIVE SCREENING DETAIL: 2 27 A 12 NATIONAL ERUITORCHARDS INC RA 55 ORCHARD O zoo�P 3 26 7428 LEMONSCHADD RA 5.23 DWELLING �4 4 267427 EVANSIOHN H AND 111A INS RA 4.64 DWELLING L j 5 2]A 10 WEISSMAN GARY HERBERTTRUSTEE RA 4].21 VACANT 6 27 A 14 CHAPIN MARGARET RA 1427 DWELLING ` 7 27 A 50 -.ALC N S DONALD O ANDGERALDINE L RA 107 VACANT r 8 2J A 53D PUGH CAROLYN LAND ERIN L RA 19.51 VACANT 9 2J A 53C DEHAVEN ERIN LEE RS, 19.51 VACANT 10 - E 8 HOLME5 DIANE M TRU5TEE RS, 89.58 DWELLING VICINITY MAP 11 26 74 29 TUTTLE RONALD WANDSARAH N RA 2.99 DWELLING 12 26 74 26 LEATHERMAN RODNEY LAND RUTH A RA 3.54 DWELLING SCALE 1 5000 13 26]3 21 KITE COREY WAND SARAH E RA 3.08 DWELLING 14 26 73 20 SAMPIASIOSEPH RA 2.36 VACANT 15 ­R 19 SAMPIASIOSEPH RA 2.19 VACANT 16 26 73 22 RANNELLS GARY LAND ELLEN R RA 3.24 DWELLING F 17 NO INFORMATION AVAILABLE R 18 2674 25 ELLISWILLIAMTANDDONNAR RA 2.49 DWELLING _ 19 26 7 3 24 ROGERS ANDREW A AN D IAN ET E RA 2.53 DWELLING C' L `^ �- `� 20 26 J3 23 HAND ROBERT RS, 2.36 DWELLING 21 26 J3 18 MITCHLER EDWARD RAND PATRICIAANN RA 2.58 DWELLING 22 26 21 49 VANDENBOSCH DARRIN AND PAULETTE RA 5.95 DWELLING 23 26 21 50 MULLISON PATRICIA A RA 5.12 DWELLING 24 26 21 51 CUNNINGHAM ROBERTWAND MARGARET RA 6.]] DWELLING 25 26 Z1 G KLINE ERNESTANDREWAND OLA RA 6.64 VACANT 26 2J A 9 CLINE ERNESTANDREWAND OIA RA 2MN WELLING 2J 2J A 88 IENNINGSTAMMY LTRUSTEE RA 2].19 VACANT 28 2J A 8A SHENANDOAH VALLEY ELECTRIC RA 2.53 UTILITY 3 PLANTS EVERY 10 LINEAR FEET PROPOSED UTILITY PROVIDER: 1/3 DECIDUOUS,113 EVERGREEN,1/3 SHRUBS z AN ESTI MATED S]ACRES,OR<1%, SHENANDOAH VALLEY ELECTRIC Q p a OFTHE 668.5ACRE PROPERTY WILL 3463 VALLEY PIKE Y z WINCHESTER VA 22602 U cD BE LANDSCAPED WITH SCREENING. (540)450-0111 Q a J o O� to LL FIXED TILT SIDE PROFILE: TRACKER SIDE PROFILE. s "ate r s 6.8 ft ______ ------ ------ ---- --- (?.08 m1 REV INSmIOa,NS wYaao.. rw e,ee,.e ..norm. i 4.0 ft •�" or.newoxsovow. _ A ______ D.]3 m7 I = I I \i ]v - � T utt NOTES AND y DETAILS WIDTH 4=8-10 INCHES 167 IL E ag 5 •c'o .0 - •• L zoo : f RoAo LEGEND —"— vuo�e�i uMiie�em�u. 601 Nor PRiMEFARMuwo 23669Ac O © iMPoR_E oAc ioe FARMwNo of s3A3Ew 0 PRMEFARMINo-6Ac y�N - e F� 1INOEGREss T— �F� OG V Fri �ftza PO u o z O � 0^�, j•• � O��O J o� �a POJ �,OJ,i c co�,RCM rRour NOTES: - c Pa�MF FnOmuNo 116a6o1— �� � � RevisioNs PRIME Q FARMLAND MAP =3RR C5.0 160 c� 1 ANCHORAGE LANE,,+, 50'ROff OF WAY -- MIST. W 030014696 cz) 4&00: IRF �y AR5 ' ADd11SlEt7 COT 28 l 'Cs SEL'SHEET 4 127.r' Q EXIST 50` �RIESEM7XW 'L REUSED "' lr FAR AMM STREET k ` DftDVSADM - SEE Wr mu snr Ab. 03 014696. TM 26-7-4-27 ADJUSTED LOT 27 4.6428 ACRES ' E...:;' o.340r ACRE' MOON OF DOT-SMM AREA DIEAMS lRS , ORX,YIWC LOT A 45'SrOP& ORAUCE AND J�t 27 HEAAEBY GEtYM LMLflY 6GEDAWT ADOFD TO AND W A TED TM 227-A-11. �''' ' j ` OF AaItAm ARF N :':• 1yy 7X 27-A-r I. tiM fit Q340i ACRE PtiiRTiOW OF 7M 27-A-ir MROY ADDED TO AND LADE A PART OF AD XWW COT 27,E S 4XI9'fr W - 42&49'* -- AOAtSTEO TM 27-A-11 181.69 ACAMf M710 NL FRUT ARCA RM W- IW r MD. 02OW1241 (PARca i) ZOARw RA USE: ORCMRD AM COMSM W7H ASTERISK DENOTE"LOT Wi S 100 0 100 HEREBY ESTAWSWa CRAPMlC SEE SHEET 5 FOR LEQM CLOW WA MOTES; SCAt£ t JN FEET) AND ARFA TABt/LATJIOIV. FINAL PLAT FOR BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF Ay d�y,y NATIONAL FRUIT ORCHARDS, INC. A LOTS 27 & 28 — WHITHAM ESTATES — SECTION 4 ' BACK CREEK MAGISTERIAL DSTRICT. FREDERICK COUNTY, VIRGINIA RlOiARD A. EDENS y SCALE: 1" = 100' 1 DATE: MARCH 22, 2004 No.002550 GREENWAY ENGINEERING l z z,/o+ 151*Udy Hill Lane Efm& els *%chesMr,Ymbda 226022 su suhty n Telephone:(540)662-4185 FAX(540)M-9528 Faun&d in 1971 www gn►enway�en�g corn 25810 SHEET 3 OF 5 0 c:a ti .c— ANCHORAGE LANE 6 50 RX;NT Of'IMY p4 NKSF. Na Q30014M LOT 29 M407 W ORChK= W- OW. Na. a30014M MF ZONE RA USE R MF few :1 mms DOT-SHAM ARFA 1Z :: DE74OW A 45'SCOK DAWPOIG1E'ANO GAIL rmurr SAW,mer .,� ESTABLISHED 70 BE &W an AAAb WED 7M 27-A-11. J c!+1% :. TM 26•-7--4-28 ADJUSTED LOT 28 5.2294 ACRES EXSMV 50 MiMW MN Fi9R FVnJRE SIREET �� •� �� as �� EK7El+tS10N - c.,EEr W. s Akr 030014m. r. AQ KSM LOT 27 SEE Sh E£T 3 N?S 1 n IRS''{ :a o.54sa ACRE fOaWN OF �" 200'sac ORAGAm LOT 28 tiREBY 'r� ' ;� cn AIM 7D AAV/MW A PART OF AM SW 7M 27-A-11. -7 N 1 1o PDF { VAC47ED. ` •' 0..3450 Arae€,Aamr�r OF .:j�27-+1-:1 HEREBY AOM 70 AND (5t.27*) ms AOX A PART of At7 XWW Lor 28 Nt5 S 4979't3' W - 29,197"0 IRS li�2tE ADA4M rM 27-A-11 00IMSES W77i ASTERW IW7i01YAL 81.69FRW OROS W. DENOTE NEW LOT D. NEST Na 020001241 (PARCEL 1) SEE Sl ET 5 FOR L ZQNE RA USE• ORICHM 100 0 100 CtW SEE SM�'t'3 FOR LE1�fN0, AREA FABt LAI AND GRAPAC SG4LE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN E LANDS OF NATIONAL FRUIT ORCHARDS, INC. '�rx LOTS 27 & 28 — WHITIIAM ESTATES — SECTION 4 BACK CREEK MAGISTE M DISTRICT. FREDERICK COUNTY. VIRGINIA RICHARD A. EDEN5 �04- SCALE: 1' = loo' DATE: MAWH 22 2004 No.002550 GREENWA#Y ENGINEERING i 31Z?,104,, . ISI Windy Hitt Lane �© SWIMS .V t su r� , �alR FAX(5 0)722-9.528 Founded n�1972 wwwVvm* wWcxpn f 25610 SHEET 4 OF S 4�GK f CO w ytitein) ORDINANCE 1730 Action: PLANNING COMMISSION: February 17, 2021 Recommended Approval BOARD OF SUPERVISORS: March 10, 2021 Pending ORDINANCE CONDITIONAL USE PERMIT 401-21 HOLLOW ROAD SOLAR TO CONSTRUCT A UTILITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS, Conditional Use Permit 901-21 for Hollow Road Solar,LLC.,was submitted to construct a 20-megawatt utility-scale solar facility on three properties totaling approximately 326-acres +/-. The subject properties are located generally southeast of Parishville Road (Route 610) and Anchorage Lane (Route 1416) in Gore and are identified with Property Identification Numbers(PIN) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District. WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on February 17, 2021 and recommended approval with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on March 10, 2021; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application 901-21 for the Hollow Road Solar, LLC utility- scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers 27-A-8, 27-A-11 and 27-A-122 (PIN 27-A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8.)with the following conditions: 1. All review agency comments provided during the review of this application shall be complied with at all times. PDRes#06-21 1 171 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated February 24, 2021. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheet 4 of the Concept Plan, `Landscaping/Vegetative Screening Details" included with the CUP application, prepared by Timmons Group, dated February 24, 2021. The landscape buffer plantings shall be maintained in good health for the life of the proj ect. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of§15.2-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and be in general conformance with the Decommissioning Plan, included with the CUP application, prepared by Blue Ridge Energy Holdings and dated January 21, 2021 and revised February 24, 2021. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, shall not be used on the properties subject to this CUP. 6. Access to the site shall be limited to two (2) entrances, one entrance from Parishville Road (Route 610) and one entrance from Anchorage Lane (Route 1416) in conformance with the Concept Plan, included with the CUP application, prepared by Timmons Group, dated February 24, 2021. Delivery of solar array panel construction materials and equipment shall occur only at the site access entrance off Parishville Road (Route 610)identified as "Primary Access Road" on Sheet 3 the Concept Plan. The entrance on Parishville Road shall only be utilized with a VDOT approved traffic flagging plan. Use of the "50' R/W Ingress & Egress" from Anchorage Lane shall only be used for passenger vehicle access during construction and post-construction maintenance. 7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 8. A Phase 1 Archaeological and Architectural Survey will be completed as part of the permitting of this project and completed prior to site plan approval. This survey shall document the historic dwelling, barn and areas surrounding the farm complex barn (located on PIN # 27-A-11). This survey shall be submitted to the Frederick County Department of Planning and Development and the Department of Historic Resources (DHR). Phase II surveys shall be conducted if DHR determines the areas and resources under consideration are potentially significant. In the event the above resources are eligible for inclusion on the NRHP as a result of the Phase II study the PDRes#06-21 2 172 structures and resources on the site shall be retained, stabilized and preserved and no disturbance shall occur within 100-feet(FT). 9. Any expansion or modification of this land use will require the approval of a new CUP. Passed this 10th day of March 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells David D. Stegmaier Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes#06-21 3 173