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March 10 2021 Regular Meeting Minutes 286 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 10, 2021 7;00 PX BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTEND 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 Majehrzak, Fire Chief; Karen Vacchlo, Public Information Officer; Cheryl Shlffler, Director of Finance; Patrick Fly, Deputy Director of Information Technologies; and Ann W, Phillips, Deputy Clerk to the Board of Supervisors. ALL TOORDER P Chairman DeHaven called the meeting to over at 72 p,m, IN ;U Supervisor Stogmaier delivered the invocation. RPM . GIAN Vice Chairman Wells led the Pledge of Allegiance. ADOPTI N QF A E ISA�APPR a SCE Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy,the agenda was adopted on a voice vote. Minute look 46 ward of Sud erviseTrs Regular A!reac ng Q f MarO !Q,42 1 County of Fredet ck, Virgipia 287 CITIZENS COMMENTS Jay Foreman, Shawnee District resident and Chairman of the Frederick County School Board, corrected statemchts made at a previous meeting saying that no funds had been spent on plans for a fourth high school that had not been appropriated by the Board of Supervisors. He stated the School Board is willing to have joint meeting with the Board of Supervisors. 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. Stegmaler Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye _Minutes of Budget Work Session of February 24, 2021 -CONSENT AGENDA APPROVAL -Minutes of Regular Meeting of February 24,2021 -CONSENT AGENDA APPROVAL - Minutes of Budget Work Session of March 3,2021--CONSENT AGENDA APPROVAL -Transportation Committee Report of February 22, 2021 -CONSENT AGENDA APPROVAL, AppenoIx 1 -Approval to Direct Staff to Prepare Comments on Changes to the Federal Metropolitan and Micropolitan Statistical Area Standards -CONSENT AGENDA APPROVAL . + . . . + . .. . + + . + BOARD OF SUPERVISORS COMMENTS Supervisor Graber delivered remarks on the lack of a joint meeting with the School Board, school building maintenance needs, the Deep Equity program, the roles of the School Board and Board of Supervisors, and recent increases in school funding, Supervisor Dunn clarified that he had stated he had not received information requested from the School Board but has discovered an email in his junk email folder containing the requested j information. Supervisor Dunn inquired about sending the topic of nuisance barking dogs to the Code Minute Book 46 1 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 288 and Ordinance Committee for review, Chairman DeHaven asked that the Board reach a consensus ! before sending the matter to committee. COUNTY OFFICIALS E E PRESENTATION ON LOCAL PROCUREMENT INITIATIVE John Fox, Top of Virginia Chamber of Commerce, provided information on the Chamber's Local Procurement Initiative. COMMITTEE APPOINTMENTS DANA NEWCOMB APPOINTED TO THE HISTORIC RESOURCES ADVISORY COMMITTEE—APPROVED Supervisor McCarthy moved to appoint Dana Newcomb to an unexpired four-year term ending June 12, 2021, as Gainesboro District Representative on the Historic Resources Advisory Committee. Vice Chairman Wells seconded the motion which carried on a voice vote. After further discussion and in light of the short amount of time remaining in the unexpired term, Supervisor McCarthy moved to appoint Dana Newcomb to a new four-year term ending June 12, 2025, as Gainesboro District Representative on the Historic Resources Advisory Committee. Supervisor Graber seconded the motion which carried on a voice vote, ELIZABETH KOZEL REAPPOINTED TO THE PLANNING COMMISSION—APPROVED Supervisor Stegmaier moved to reappoint Elizabeth Kozel as a Shawnee District Representative to a four-year term ending April 28,2025,on the Planning Commission. Supervisor Slaughter seconded the motion which carried on a voice vote. Minute Book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginio 289 REQUEST FROM THE 26TH JUDICIAL CIRCUIT FOR USE OF THE BOARD MEETING ROOM FOR JURY SELECTION--APPROVED BY CONSENSUS FOR TEMPORARY USE Mr. Tierney explained the request for the use of the Board's meeting room by the 261h Judicial Circuit Court for jury selection sessions saying the judicial center does not have a meeting j space large enough to accommodate the crowd size with social distancing guidelines. The Board and staff discussed cost recovery and the inconvenience for County staff who are regularly using the meeting room during the pandemic. By consensus,the Board agreed to accommodate the Court for up to six weeks. REQUEST FROM THE CLARKE COUNTY BOARD OF SUPERVISORS FOR PROVISION OF WATER AND SEWER SERVICES TO THE DOUBLE TOLLGATE AREA --REFERRED TO THE PLANNING COMMISSION FOR STUDY BY CONSENSUS Ms. Perkins provided background on the request from Clarke County that the Board authorize Frederick Water to provide public water and sewer service for approximately 360+l-acres (zoned Highway Commercial)in the Double Tollgate area, She said the requested water and sewer capacity is 150,000 gallons per day, and currently, Frederick Water provides public water service to the former"Camp 7 State Correction Facility" property in Clarke County. She said if an extension c of public water and sewer service to Clarke County is desired, an amendment to the 2035 Comprehensive Plan to expand the sewer and water service area (SWSA) would be necessary. She added that the northeastern corner of the County's current SWSA boundary touches Clarke County's requested Double Tollgate Area and there is approximately 200 acres at the corner of Route 522 and Route 277 in Frederick County outside the current limits of the SWSA which are planned for future mixed use and industrial use. Ms. Perkins said staff is seeking direction from the Board for this request and whether it should be sent forward for further study by the Comprehensive Plans and Programs Committee (CPPC) and the Planning Commission. The Board discussed expanding the SWSA to benefit non-county and county residents, including the 200 acres in Frederick County outside the SWSA in the study area, and the possibility of a regional approach to sewer and water service. By consensus, the matter was referred to the Comprehensive Plans and Programs Committee (CPPC) and the Planning Commission. Minute Book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 1 290 . . . . . . . . . . . . . . PUBLIC BEARINGS NON-PLANNING ISSUES PROPOSED REAL PROPERTY TAX INCREASE-APPROVED Mr, Tierney explained in light of the reassessment, the Lowered Rate Necessary to Offset Increased Assessment as 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 would be$0.567 per$100 of assessed value. He said this rate is known as the "lowered tax rate He continued explaining the Effective Rate Increase saying the County proposes to adopt a tax rate of $ 0,61 per $100 of assessed value and the difference between the lowered tax rate and the proposed rate would be $0.043 per $100, or 8.56 percent. He concluded saying this difference will be known as the "effective tax rate increase". Chairman DeHaven opened the public hearing. Jodi Yeggy, Red Bud District, spoke in favor of the $0,61 cent tax rate because of the County's needs adding that she also supports the longstanding 57%143% revenue split between the schools and County Administration. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for adoption of the real estate tax rate of$0.61 cents per$100 of assessed value. Vice Chairman Wells seconded the motion, Supervisor Dunn discussed County revenues, the increases in School Board and County Administration requests, median housing prices, the realized tax increases for homeowners, the need for a new source of revenue and his desire that rising costs be borne by new residents rather than longer term residents of the County. Supervisor Graber referenced a neighbor saying if the tax rate remains $0.61 cents, the neighbor will experience an effective 42,5% tax increase over the last six years. He said he does not support an increase in light of the natural revenue growth the County is experiencing, Supervisor Stegmaier said he was in support of the tax increase except for its use to fund the School-requested Equity and Diversity Coordinator position, He cited graduation rates saying the school system is already successful in addressing equity issues, i Minute Book 46 Board of Supervisors Regular Meeting of March 10,1011 County of Frederick, Virginia 291 Supervisor McCarthy referred to Supervisor Dunn's comment about new residents bearing the cost burden saying that while cost recovery methods do not currently exist, and the County still has needs that must be met. Supervisor Dunn said the proposed meals tax can be used to meet needs. Supervisor Graber stated his desire for a detailed line-item budget from the School Board. The motion to adopt the $0,61 cent tax rate carried on a recorded vote as follows: Blaine P. Dunn No 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 PROPOSED SCHOOL BOND FINANCINGS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $72,844,000 FOR RENOVATIONS AT JAMES WOOD HIGH SCHOOL- APPROVED Mr. Tierney explained the request from the School Board to participate in the bond market sale to address needs at James Wood High School, Chairman DeHaven opened the public hearing, The speakers were as follows; David Sovine, Red Bud District resident and Superintendent of Frederick County Public Schools, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School and Indian Hollow Elementary School. Dana Newcomb, Gainesboro District, said it would be appropriate for the Board to forgo a decision until next year allowing the two Boards to meet and decide what is really needed in the way of renovations. Jerry Putt, Stonewall District resident and principal at Frederick County Middle School,spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School and Indian Hollow Elementary School, Sam Gross, Stonewall District resident and principal James Wood High School, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School and Indian Hollow Elementary School. Minute Book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 292 Mike Bolin, Back Creek resident and assistant principal at James Wood High School, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School and Indian Hollow Elementary School, Zachary Harrington, Gainesboro District, said he is a sixth grader at Frederick County Middle School and loves the school building. He said he is less excited about moving to James Wood High School that lacks improvements. He asked the Board to support funding the renovations at ,fames Wood High School, Shaniqua Williams, Shawnee District resident and president of the Frederick County Education Association, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School, Shelly Andrews, Shawnee District resident and vice principal at James Wood High School, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School citing needs in the science and CTE programs and the need for a fully functioning science lab. Elizabeth Fout, Opequon District resident and an administrator at James Wood High School, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School citing the changes in teaching methods. Lana Rantz, Stonewall District, spoke as a parent in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School. Jay Foreman, Shawnee District resident and Chairman of the Frederick County School Board, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at James Wood High School and thanked the Board members who met with School Board staff to learn more about the renovation projects. Jennifer Heishman-Roy, Back Creek District, said she is concerned that some interested parties wish to reduce the funding amount for the project without understanding the needs. She said she had 20 years' experience in the commercial construction industry and that $72 million is a reasonable price for the renovation project. Chairman DeHaven closed the public hearing. Minute Book 46 Board of Supervisors Regular Meeting of March 10, 1011 County of Frederick, Virginia 293 Supervisor Slaughter moved for adopting of the 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. Supervisor McCarthy seconded the motion. Supervisor Graber said he would like to have second opinion on the price of the renovations because of the high price. Supervisor McCarthy said he has found no indication that the price is higher than it should be. Supervisor Dunn said he had looked at alternatives to the renovations but will support the resolution, Vice Chairman Wells said he support the resolution. Supervisor Stegmaier said he support the resolution. The motion to adopt the resolution 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 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 Bands in accordance with the requirements of Section 15.2-2606,Code of Virginia 1950,as amended(the"Virginia Code"); VJUWtRAS,the School Board of die 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; Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 294 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 requester]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 maximmn 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, NOW,THEREFORE,BE 1T RESOLVED 13Y THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIROD": 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 maybe approved by the County officer executing the Bond Sale Agreement. 3. Details of the Local SchoolBond. 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 Pzincipal bmtallments. 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 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. Minute Book 46 Board o f Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 295 5. Foran 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. b. Paymont pa i�ng Agent and Bond Items. 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: 1D is—" July 15,2031 through July 14,2032 101% July 15,2032 through July 14,2033 100% July 15,2033 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety(90)and not less than sixty(60)days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the Local School Bond. With respect to any Local School Bond sold to VPSA in a subsequent sale,the Principal Installments of such Local School Bond will be subject to similar prepayment or redemptions provisions as may be set forth by VPSA at the time of such sale. Minute Book 46 Baird of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia --------------- 296 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 Complia=Agremnmt 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. 11. State Non-Arbitrage PnogpM Proceeds Altreement, The Board hereby detemnines 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 farm is hereby approved. 12. Continuing Disclosure AstreeznentI 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. Refundinfi, 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. Fftg of Rmludtm 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. Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 297 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]991,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. . . . . + t + . + } + + . + AMENDMENT TO THE 2020 -2021 FISCAL YEAR BUDGET-TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $72,844000 REPRESENTING THE RENOVATION OF JAMES WOOD HIGH SCHOOL —APPROVED Chairman DeHaven opened the public hearing. There being no speakers, Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for adoption of the resolution amending the budget to reflect a School Construction Fund Supplemental Appropriation in the Amount of$72,844,000 representing funds for the renovation of James Wood High School. The motion to adopt the resolution carried on a recorded voter 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 RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WBEREAS, 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 202.0-2021 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $72,544,000. This . _ Amount Represents Funds for the Renovation of.lames Wood High School. . . * + . . . . . . . . + t Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 � l County of Frederick, Virginia 298 PROPOSED SCHOOL BOND FINANCINGS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,020000 FOR RENOVATION OF INDIAN HOLLOW ELEMENTARY SCHOOL -APPROVED Mr. Tierney explained the request from the School Board to participate in the bond market sale to address needs at Indian Hollow Elementary School. Chairman DeHaven opened the public hearing. Shaniqua Williams, Shawnee District resident and president of the Frederick County Education Association, spoke in favor of funding support including bond financing and a budget amendment for proposed renovations at Indian Hollow Elementary School. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for adopting of the 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, Vice Chairman Wells seconded the motion. Supervisor McCarthy and Vice Chairmen Wells agreed that the need for renovation at Indian Hollow Elementary School was severe. Supervisor Graber concurred but said he would prefer to see funding from the general fund rather than borrowing to fund the project and incurring debt, Supervisor McCarthy agreed with preferring not to borrow but noted that interest rates for borrowing are very favorable. He said the general fund should be left alone since the County will need funds for the public radio system in the near future. Supervisor Graber said he will not support the motion because he does not want the County to incur debt. The motion 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 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $12,020,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK,VIRGINLA,TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING Minute Book 46 Board of Supervisors Regular Meeting of March 10,2011 County of Frederick, Virginia i 299 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"); VaIEREAS, 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. NOW, 'THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA: j 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. Minute Book 46 Board o f Supervisors Regular Meeting o f March 10,2021 County o f Frederick, Virginia 300 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 shalt 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 Locai 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 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) Fotrn 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;Ptntg Agent and Bond Re, 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 pern-dtted 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 Pr aayment or Redemlrtion. 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: Minute Book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 301 Dates Prices July 15,2031 through July 14,2032 101% July 15,2032 through July 14,2033 100% July 15,2033 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the,Bond Registrar to VPSA or other registered owner by registered mail not more than ninety(90)and not less than sixty(60)days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Boni 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) Pled a of rill Faith and Credit. For the prompt payment of the principal of,premium,if any,and the interest on each LocalSchoolBond 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 Certti'icate and Tax Conyliance Agent. 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. }State Non-ArbLtne ftgranx Proceeds t. 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. Minute Boole 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 302 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 Cornrrission 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 defuied in the Bond Sale Agreement). 13)Refundiai. 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 Forrn 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 he filed with the Circuit Court of the County. 15)Election to Proceed under Public Finance Act. In accordance with Section 15.2-2501 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. 1 7)Effective Date. This Resolution shall take effect immediately. . . + + t + + + + + . * . AMENDMENT TO THE 2020 -2021 FISCAL YEAR BUDGET -TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $12,020,000 REPRESENTING THE RENOVATION OF INDIA_N HOLLOW ELEMENTARY SCHOOL—APPROVED Chairman DeHaven opened the public hearing, There being no speakers, Chairman DeHaven closed the public hearing, Supervisor McCarthy moved for adoption of the resolution amending the budget to reflect a School Construction Fund Supplemental Appropriation in the Amount of$12,020,000 representing funds for the renovation of Indian Hollow Elementary School, The motion to adopt the resolution carried on a recorded voter as follows: Blaine P. Dunn Aye David D. Stegmaier Aye i Minute book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 303 Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2-2507 of the Code of Virilia, 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, + + + . + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS CONDITIONAL USE PERMIT#01-21 FOR HOLLOW ROAD SOLAR, LLC - DENIED Senior Planner Tyler Klein reviewed the request for a Conditional Use Permit (CUP) to enable construction of an approximately 83-acre +I-(disturbed area) and up to 20-megawatt(MW) utility-scale solar power generating facility located on three (3) properties totaling approximately 326-acres+l-. He said 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, He said the Planning Commission held a public hearing for this application at their meeting on February 17, 2021, and recommended 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. He concluded saying 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 VI11 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 Minute Book 46 Board of Supervisors Regular Meeting of March 10, 2021 County of Frederick, Virginia 304 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 hall 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 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' RMl 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 11 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 li 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. Applicant Patrick Groomes of Blue Ridge Energy Holdings described his company's approach to the project and its benefits to the County. Minute Bonk 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 305 Adjacent landowner Diane Holmes described granting the applicant an easement to facilitate ingress and egress from the site though her property. Chairman DeHaven opened the public hearing. There being no speakers, Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for denial of CUP#01-21. Supervisor Graber seconded the motion. Supervisor McCarthy said he is reluctant to issue a conditional use permit that involves millions of dollars when conditions may change. Supervisor Graber said that he had received phone calls from constituents in opposition to the project, Supervisor Dunn said he has wrestled with such projects in rural areas. Supervisor Stegmaier noted that two members of the Planning Commission had voted against the permit. The motion for denial of CUP#01-21 carried on a recorded vote as follows: Blaine P. Munn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye . . . + + i. . .{. .. * + . T PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS- None BOARD LIAISON REPORTS—None r i Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 306 CITIZEN COMMENTS Gayle Ferreira, Shawnee District, said she is alarmed by the focus of the Deep Equity Program used in the school system. She said there is anti-capitalist and anti-white content in the program, She urged the Board to seek line-item categorical funding of the school system. Katy Bochert, resident of Winchester City and employee of Frederick County Public Schools, said the talk of propaganda from the Deep Equity program is not happening, She invited the Board members to visit the schools. Tim Regan, Back Creek District, discussed the funding for the schools and asked why we are building schools if students are learning remotely, Shaniqua Williams, Shawnee District resident and president of the Frederick County Education Association, spoke about the Deep Equity program,the difference between equality and equity, and the need for cultural competence. Janion Ubert spoke on the need for indoor aquatic facilities in the County for the elderly and competitive swimmers. She encouraged the Board to explore funding indoor swimming facilities. Mollie Brannon, Back Creek District, asked the Board to do anything possible to remove the Deep Equity program from the schools. She asked the Board to move toward line-item funding of the school budget. Michael Faison, Gainesboro District, said he would like to see the Board hold a town hall on racial issues and said the Deep Equity program is needed to help students succeed. Jodi Yeggy, Red Bud District, said she is concerned about the focus on Deep Equity and that the request for a line-item budget is complete overreach, She said the Board should trust the elected School Board on such issues as whether or not the Deep Equity program is needed. Guss Morrison, Shawnee District, said there are disparities in services and treatment and that Dr, Sovine's budget includes new programs, such as the addition of an equity and diversity coordinator, to address the needs. He said there has been disinformation about equity, Minute Book 46 Board of Supervisors Reguiar Meeting of March 10,1021 County of Frederick, Virginia 307 Steve Brannon, Back Creek District, said he supports equity but not the Deep Equity program which is a worldview that causes division. He asked the Board to help eliminate the Deep Equity program. Dr. James Cotes, Gainesboro District resident and member of the Frederick County Deep Equity Committee, spoke on behalf of the Deep Equity programs saying he believes in fairness, David Sovine, Red Bud District resident and Superintendent of Frederick County Public Schools, spoke in support of the School's equity initiative and cautioned the Board about taking quotes from the text out of context when reviewing the Deep Equity program. He said the program is one resource of many used by the school system. Ella Honesty spoke in support of equity saying it is the quality of being fair and impartial. Sonya M., Back Creek District, said expanding preschool would help achieve equity and questioned why the Board tries to micromanage the School Board. Christine Stevens said she has drafted equity resolutions for other legislative bodies. She said racism is a public health crisis. She said equity means some kids need something more and that she was horrified by the fearmongering she had heard during the meeting. Shontya Washington, Red Bud District resident and School Board member, spoke about equity noting that internet access is an equity issue with some areas of the County needing better access, She said equity is giving opportunities and that the equity coordinator position is needed by the School. Rebecca Lewis, Back Creek District, said she supported the School System and Staff and was saddened by the evening's comments. She said she was recently a student in the system and that the Deep Equity program is needed. BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy discussed the meeting saying all in attendance had probably heard something they did not like but that it is a good sign that there are diverse voices discussing issues. Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 308 Supervisor Dunn referenced the vote earlier in the meeting saying the County had just added $85 million to its debt. He said there is a need for revenue other than real estate taxes. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 10;47 p.m, Charles S. DeHaven, Jr. Kris C.Tierney Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 46 Board of Supervisors Regular Meeting of March 10, 1011 County of Frederick, Virginia 309 Board of Supervisors Meeting Minutes of March 10 - Appendix 1 TRANSPORTATION COMMITTEE REPORTto the BOARD OF SUPERVISORS Monday, February 22, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER,VIRGINIA i 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. 3 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 520-080 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 i 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. Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia 310 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. 4-0ther; 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, Minute Book 46 Board of Supervisors Regular Meeting of March 10,2021 County of Frederick, Virginia