range ounty oard of supervisors genda gordon …

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ORANGE COUNTY BOARD OF SUPERVISORS AGENDA GORDON BUILDING

112 WEST MAIN STREET – ORANGE, VIRGINIA 22960 TUESDAY, DECEMBER 19, 2017 – 5:00 p.m.

_________________________________________________________________________________________________________________________

Unless otherwise indicated or unless relocated by the Board, agenda items will be taken in order. The Board reserves the right to remove, add, and/or relocate agenda items as necessary. A second public comment period may be added to the agenda if a specific need necessitates such action. Public Hearings will begin promptly at 7:00 p.m. A time limit may be imposed by the Chairman on speakers addressing the Board. Anyone wishing to address the Board during a public hearing must sign in on the forms that are located on the table outside of the Board Room. Forms should be submitted to the Chief Deputy Clerk, and speakers will be called in order. No disruptive signs, placards, noises, attire, or behavior will be permitted. Please silence all cell phones and other audible devices. _________________________________________________________________________________________________________________________

4:00 P.M. BOARD OF SUPERVISORS WORKSESSION (To Be Held Before Regular Meeting)

5:00 P.M. 1. CALL TO ORDER

a. Pledge of Allegiance

2. ADOPTION OF AGENDA

3. CONSENT AGENDAa. FY18 Budget Amendments (Supplemental Appropriations for Orange County Public Schools): Glenda

Bradley, Assistant County Administrator for Finance and Management Services b. Resolution of Recognition for Chief John Harkness: R. Bryan David, County Administratorc. Renewal of the Contract with Culpeper Petroleum - Southern States for Petroleum Products: Stephanie

Straub, Financial Management Specialist d. Minutes

(1) November 28, 2017 Worksession(2) December 5, 2017 Worksession(3) December 5, 2017 Regular Meeting

4. SPECIAL PRESENTATIONS AND APPEARANCESa. Presentation of a Resolution of Recognition for Chief John Harkness: Chairman Goodwinb. Presentation of the Comprehensive Annual Financial Report (CAFR) for FY2016-2017: Betsy Hedrick,

CPA, Partner, and Shannon Brown, CPA, PBMares

5. NEW BUSINESSa. Orange County Public Schools’ FY2017 Carry Forward Request: R. Bryan David, County Administrator

6. OLD BUSINESS

7. DEPARTMENT DIRECTOR / CONSTITUTIONAL OFFICER REPORTSa. Parks and Recreation Quarterly Report: Tim Moubray, Parks and Recreation Directorb. Office on Youth Quarterly Report: Alisha Vines, Office on Youth Directorc. Draft Solar Energy Generation Facilities Regulatory Options: Josh Frederick, Planning and Zoning Director

8. COUNTY ATTORNEY’S REPORT: Thomas Lacheney, County Attorney

9. COUNTY ADMINISTRATOR’S REPORT: R. Bryan David, County Administratora. Approval of Constitutional Officer Agreementsb. Consolidated Public Safety Facilityc. Speed/Safety Study Request on Route 686 (Thoroughbred Road)

10. BOARD COMMENT

11. INFORMATIONAL ITEMS (NO ACTION REQUIRED)a. Finance Quarterly Report; First Quarter FY18: Glenda Bradley, Assistant County Administrator for Finance

and Management Services b. September 25, 2017 Health Center Commission Minutesc. VDOT Monthly Report for December: E. Alan Saunders, Louisa Resident Engineer

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d. November 7, 2017 Culpeper Soil and Water Conservation District Minutes e. Rappahannock-Rapidan Regional Commission Audited Financial Statements

12. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

13. CALENDAR

6:00 P.M.

14. PUBLIC COMMENT

15. RECESS FOR JOINT DINNER MEETING WITH THE HEALTH CENTER COMMISSION AT DOGWOOD VILLAGE AND REHABILITATION CENTER

ADJOURN

MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

• AC Airport Commission*

• LBBCA Board of Building Code Appeals*

• BOS Board of Supervisors

• OCBbA Broadband Authority

• CVRJ Central Virginia Regional Jail Board

• EDA Economic Development Authority

• GCC Germanna Community College Board

• GWAP GWAP Steering Committee

• HCC Health Center Commission

• JPA Joint Planning Area Committee*

• LAAC Lake Anna Advisory Committee

• LBT Library Board of Trustees

• OCLCC Litter Control Committee

• PRF Parks and Recreation Foundation

• PWN Piedmont Workforce Network

• PC Planning Commission

• RSA Rapidan Service Authority

• REMS Rappahannock EMS Council

• RRCS Rappahannock-Rapidan Community Serv Brd

• RRRC Rappahannock-Rapidan Regional Commission

• RRBC Rappahannock River Basin Commission

• SCAP Skyline Community Action Program

• SSB Social Services Board

• TJACJ Thomas Jefferson Area Criminal Justice Board*

• TAC Tourism Advisory Committee

• YCM Youth Commission

1

4

5 1:00PM RRBC

4:00PM BOS WS 5:00PM BOS

6 1:00PM RRBC

7 6:00PM PC

8

11 1:00PM RRCS

12 1:00PM RRCS

13 1:00PM RRRC

14 4:00PM CVRJ 5:30PM EDA

15

18

19 3:00PM OCBbA

4:00PM BOS WS 5:00PM BOS

20 7:00PM REMS

21 2:00PM RSA-Orange Co.

6:00PM PC -if needed

22 COUNTY HOLIDAY

AT NOON

25 COUNTY HOLIDAY

26 COUNTY HOLIDAY

27

28 29

NOTES: *Scheduled as needed

DECEMBER 2017
























• SSAB Social Services Advisory Board

• CCJB Thomas Jefferson Area Criminal Justice Board*



1 COUNTY HOLIDAY

2 COUNTY HOLIDAY

3 4 6:00PM PC

5

8 9 1:00PM RRCS 5:00PM BOS 5:30PM PRF

10 6:00PM CCJB

11 4:00PM CVRJ

12 COUNTY HOLIDAY

15 COUNTY HOLIDAY

16

17

18 2:00PM RSA 4:00PM LBT

5:00PM GCC @ Fredericksburg Campus

19

22 9:00AM HCC

6:00PM SCAP

23 5:00PM BOS

24 7:00PM LAAC

25

26

29

30

31


JANUARY 2018
























• SSAB Social Services Advisory Board

• CCJB Thomas Jefferson Area Criminal Justice Board*



1 6:00PM PC

2

5 6 7 8 4:00PM CVRJ

9

12

13 1:00PM RRCS 5:00PM BOS

7:00PM School Board Budget Presentation

14

15 2:00PM RSA

16

19 COUNTY HOLIDAY

20 21 7:00PM REMS

22

23

26 9:00AM HCC

6:00PM SCAP

27 5:00PM BOS

7:00PM BOS Budget Presentation

28


FEBRUARY 2018

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BOARD OF SUPERVISORS MINUTES DECEMBER 5, 2017

At a regular meeting of the Orange County Board of Supervisors held on Tuesday, December 5, 2017, beginning at 5:00 p.m., in the Meeting Room of the Gordon Building, 112 West Main Street, Orange, Virginia. Present: S. Teel Goodwin, Chairman; Lee H. Frame, Vice Chairman; R. Mark Johnson; James K. White, and James P. Crozier. Also present: R. Bryan David, County Administrator; Thomas E. Lacheney, County Attorney; and Alyson A. Simpson, Chief Deputy Clerk. RE: ADOPTION OF AGENDA

On the motion of Mr. Frame, seconded by Mr. Crozier, which carried by a vote of 5-0, the Board adopted the agenda, as presented. Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None.

RE: SPECIAL PRESENTATIONS AND APPEARANCES

RE: SERVICE AWARDS R. Bryan David, County Administrator, presented the following Service Awards:

- Kathryn Hill 20 Years Library Director - Victoria Tidman 5 Years DSS Program Coordinator

Receiving a Service Award, but not in attendance at the meeting, was:

- Donnie Shifflett 20 Years Collection Driver - Dorothy Di Liddo 15 Years Firefighter/Medic - Joan Runion 10 Years Custodian - Suzanne Palmiter 5 Years Library Aide - Linda Hopkins 5 Years OOY Coordinator - David McMaster 5 Years OCSO Deputy

RE: BUSINESS SPOTLIGHT Barbara Barbour, owner of Barbara’s Soul Food on Wheels, appeared before the Board to

spotlight her business. She highlighted the location of her business, as well as her menu, and noted that the catfish was a customer favorite. Ms. Barbour expressed gratitude to her family and the County for support of her business.

The Board thanked Ms. Barbour for her presentation.

RE: PRESENTATION FROM RAPPAHANNOCK GOODWILL INDUSTRIES Donnie Tolson, President and CEO of Rappahannock Goodwill Industries, provided a brief

update to the Board on Goodwill activities and functions. He then introduced Ms. Emmetri Beane, 2016 Goodwill Achiever of the Year. Ms. Beane shared her story of success through a partnership with Goodwill and her ability to overcome her disability and return to work.

The Board thanked Mr. Tolson and Ms. Beane for their presentation.

RE: CONSENT AGENDA

On the motion of Mr. Johnson, seconded by Mr. Frame, which carried by a vote of 5-0, the Board adopted the Consent Agenda, as presented.

RE: FY18 BUDGET AMENDMENTS (SUPPLEMENTALS AND TRANSFERS) As part of the Consent Agenda, the Board approved the following budget amendments, as

presented:

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RE: FY18 ENCUMBRANCE CARRY FORWARD BUDGET AMENDMENTS As part of the Consent Agenda, the Board approved the following encumbrance carry

forward budget amendments, as presented:

RE: APPOINTMENTS TO THE YOUTH COUNCIL As part of the Consent Agenda, the Board appointed the following members to the Youth

Council for the 2017-2018 School Year:

8th Grade 10th Grade 12th Grade Hayley Dreyer – LGMS Zachary Beard Michael Carr Nicholas Edelman – PHMS Victoria Falb Morgan Clore Olivia Humphries – LGMS Megan Radcliffe Olivia Falb Sarah Johnson – LGMS Katherine Webster Jasmine Liles John Mason Vines, III – PHMS Alyssa Lyon

Caroline Richards 9th Grade

Taylor Chandler Jahnai Elder Veronica Kendall Niyah Smith Jared Vogt

ACCOUNT NUMBER

ACCOUNT DESCRIPTION PREVIOUS BUDGET

BUDGET CHANGE

AMENDED BUDGET

30045004-35975 FA - DCJS for Sheriff $ (244.00) $ (95.70) $ (339.70)

30045003-35750 FA - DCJS for Comm. Atty. 0.00 (86.13) (86.13)

43120006-46800 Forfeited Asset Expenses 13,405.00 95.70 13,500.70

42210002-46800 Forfeited Asset Expenses 11,548.00 86.13 11,634.13

30030006-33500 Donations - Animal Shelter (5,989.21) (678.00) (6,667.21)

43520003-43115 Prof. Serv. - Emergency Vet 6,489.21 678.00 7,167.21

30030006-33500 Donations - Animal Shelter (5,989.21) (1,095.00) (7,084.21)

43520003-43115 Prof. Serv. - Emergency Vet 6,489.21 1,095.00 7,584.21

30002017-30065 Personal Property 2017 0.00 (16,500.00) (16,500.00)

43231001-43080 Fire & Rescue Vol. Awards 3,000.00 16,500.00 19,500.00

30030006-33500 Donations - Animal Shelter (5,989.21) (6,470.00) (12,459.21)

43520003-43115 Prof. Serv. - Emergency Vet 6,489.21 6,470.00 12,959.21

TOTALS $ 29,209.00 $ 0.00 $ 29,209.00

ACCOUNT NUMBER

ACCOUNT DESCRIPTION PREVIOUS BUDGET

BUDGET CHANGE

AMENDED BUDGET

43120001-46350 Balance of PO3941 CF $ 54,852.60 $ 8,355.20 $ 63,207.80

30052001-39900 Balance of PO3941 CF (535,340.23) (8,355.20) (543,695.43)

TOTALS $ (480,487.63) $ 0.00 $ (480,487.63)

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RE: ANNUAL APPOINTMENTS TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) As part of the Consent Agenda, the Board appointed the following members to the Orange

County Community Policy and Management Team (CPMT) for 2018, understanding that Crystal Hale, Social Services Director, was additionally appointed as the Department of Social Services Representative for the remainder of 2017, as presented:

Entity Representative

Local Government Official Alisha Vines, Office on Youth Director

Community Services Board Lynne Blythe, Children's Services Prog. Manager

16th District Court Services Unit Marc Moore, Court Services Supervisor

Orange County Health Department Dr. Wade Kartchner, Health Director

Orange County Dept. of Social Services Crystal Hale, Director of Social Services

Orange County Public School System Vickie Baker, Compliance Coordinator

Susan Aylor, Director of Special Education

Private Provider Representative Joseph Nagle, Psychology Associates

Parent Representative Adam Colson

RE: POSITION DESCRIPTION AND CLASSIFICATION FOR ANIMAL SHELTER DIRECTOR As part of the Consent Agenda, the Board adopted the revised position description for the

Animal Shelter Director and authorized the revision of the Active Position Classification List, as presented.

RE: RENEWAL OF THE CONTRACT WITH HENRY LEE CARTER FOR LEGAL SERVICES On the motion of Mr. Johnson, seconded by Mr. Frame, which carried by a vote of 5-0, the

Board authorized staff to enter into a contract with Henry Lee Carter for the provision of legal services for the collection of delinquent taxes, as presented.

RE: RENEWAL OF THE CONTRACT WITH ATLANTIC EMERGENCY SOLUTIONS FOR POWER COTS On the motion of Mr. Johnson, seconded by Mr. Frame, which carried by a vote of 5-0, the

Board authorized staff to renew Cooperative Contract No. 4400004651 with Atlantic Emergency Solutions for power cots, chairs, and related equipment, for a term of one (1) year, as presented.

RE: RENEWAL OF THE CONTRACT WITH PB MARES, LLP FOR AUDIT SERVICES On the motion of Mr. Johnson, seconded by Mr. Frame, which carried by a vote of 5-0, the

Board authorized staff to renew Contract No. PBM-00-16GB with PB Mares, LLP, for audit services, for a term of one (1) year, as presented.

RE: MINUTES As part of the Consent Agenda, the Board approved the following minutes:

• November 8, 2017 Regular Meeting RE: NEW BUSINESS

There were no matters for New Business at this time. RE: OLD BUSINESS

There were no matters for Old Business at this time.

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RE: DEPARTMENT DIRECTOR / CONSTITUTIONAL OFFICER REPORTS

RE: ORANGE COUNTY EMERGENCY COMMUNICATIONS CENTER CONSOLIDATION REPORT Nicola Tidey, E-911 Center Director & Public Safety Communications Network Manager,

presented an overview of the consolidation project for the Orange County E-911 Center and the Orange County Sheriff’s Office Dispatch. She provided the near-term plan and costs associated with the physical consolidation of both dispatch centers, which included: additional positions; GIS Services; logging recorder expansion; CAD software and development; radio equipment; and personnel-related costs. Lastly, Ms. Tidey explained that a Memorandum of Understanding (MOU) would be drafted early next year, which would address the formal governance of the consolidated dispatch center and ensure current level funding for Communication Officer positions from the State Compensation Board.

Discussion ensued among the Board regarding: hardware vs. software needs and whether

or not consoles would be added. On the motion of Mr. Frame, seconded by Mr. Crozier, which carried by a vote of 5-0, the

Board authorized staff to proceed with acquiring the hardware and software and making the necessary budget amendments to continue the consolidation of the Orange County E-911 Center and Orange County Sheriff’s Office Dispatch, as presented.

Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None.

RE: COUNTY ATTORNEY’S REPORT

The County Attorney had nothing to report on at this time. RE: COUNTY ADMINISTRATOR’S REPORT

RE: LEGISLATIVE PRIORITIES FOR 2018 R. Bryan David, County Administrator, presented a final draft of the Legislative Priorities

for 2018 to the Board, noting the Priorities has been updated to reflect the Board’s guidance and revisions to-date. He indicated that the Legislative Priorities were ready to be adopted at this time.

Discussion ensued among the Board regarding: the removal of the last sentence from the

Cost of Competing Adjustments (COCA) language. On the motion of Mr. Johnson, seconded by Mr. Frame, which carried by a vote of 5-0, the

Board adopted the Orange County Legislative Priorities for 2018, as modified.


RE: FY 2017-2018 OPERATING BUDGET GUIDANCE R. Bryan David, County Administrator, explained that standing practice included an

opportunity for the Board to communicate its guidance to staff in preparing the upcoming operating and capital budgets. He added that he felt staff understood the direction of the Board, and their guidance was reflected in the Five-Year Forecast, proposed Capital Improvements Plan, and other related budget matters, but opened the floor for additional guidance.

Discussion ensued among the Board regarding: the need to continue following the

conditions of the Financial Policies as adopted. The Board took the information regarding the upcoming budget under advisement, and

there was no action taken at this time.

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RE: BOARD COMMENT Vice Chairman Frame and Supervisor White presented a request to the Board from Dogwood

Village regarding the possibility of demolishing the former Sheltering Arms facility and entering into a lease with the County to use the vacant property for staff parking. The Board indicated they would entertain a formal proposal from Dogwood Village before further discussion and consideration. RE: INFORMATIONAL ITEMS

The Board received the following correspondence for its information:

• CSA Monthly Report

• October 3, 2017 Culpeper Soil and Water Conservation District (CSWCD) Minutes RE: APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

There were no appointments at this time. RE: CALENDAR

The Board received copies of its calendar for the months of December 2017, January 2018, and February 2018. RE: CLOSED MEETING

At 5:59 p.m., Mr. Lacheney read the following motion authorizing Closed Meeting: WHEREAS, the Board of Supervisors of Orange County desired to discuss in Closed Meeting the

following matters:

- Discussion concerning a prospective business or industry, or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. - §2.2-3711(A)(5) of the Code of Virginia

- Discussion or consideration of the investment of public funds where competition or bargaining is

involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. - §2.2-3711(A)(6) of the Code of Virginia

- Consultation with legal counsel pertaining to actual or probable litigation, where such consultation

in an open meeting would adversely affect the negotiating or litigating posture of the public body. - §2.2-3711(A)(7) of the Code of Virginia

- Consultation with legal counsel employed or retained by a public body regarding specific legal

matters requiring the provision of legal advice by such counsel. - §2.2-3711(A)(8) of the Code of Virginia

- Discussion of the award of a public contract involving the expenditure of public funds, including

interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. - §2.2-3711(A)(29) of the Code of Virginia

WHEREAS, pursuant to §§2.2-3711 (A)(5), (A)(6), (A)(7), (A)(8), and (A)(29) of the Code of

Virginia, such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Orange County hereby

authorized discussion of the aforestated matters in Closed Meeting.

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On the motion of Mr. Frame, seconded by Mr. Crozier, which carried by a vote of 5-0, the Board adopted the resolution authorizing Closed Meeting, as presented. Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None. RE: CERTIFICATION OF CLOSED MEETING

At 7:02 p.m., Ms. Simpson read the following resolution certifying Closed Meeting: WHEREAS, the Board of Supervisors of Orange County has this day adjourned into Closed

Meeting in accordance with a formal vote, and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, the Freedom of Information Act requires certification that such Closed Meeting was

conducted in conformity with the law;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Orange County hereby certified that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Meeting to which this certification applied, and ii) only such public business matters as were identified in the motion by which the said Closed Meeting was convened were heard, discussed or considered by it. Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None. RE: PUBLIC COMMENT

At 7:02 p.m., Chairman Goodwin opened the floor for public comment.

There being no speakers, public comment was closed at 7:02 p.m. RE: COUNTY ATTORNEY’S REPORT (Continued)

RE: SETTLEMENT AGREEMENT FOR YATES LITIGATION On the motion of Mr. Frame, seconded by Mr. Johnson, which carried by a vote of 5-0, the

Board authorized staff to sign a settle agreement regarding the Yates litigation, as presented.


RE: AUTHORIZATION TO FILE A LAW SUIT On the motion of Mr. Crozier, seconded by Mr. Frame, which carried by a vote of 5-0, the

Board authorized the County Attorney to file a lawsuit against an unnamed party, as presented.

Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None. RE: PUBLIC HEARING #1: SUP 17-06; SOL DEVELOPMENT, LLC

Josh Frederick, Planning and Zoning Director, reviewed the Staff Report and Special Use Permit (SUP) request from Seth Maughan, on behalf of SOL Development, LLC, which included information on the location and specifications of the subject property, the request to construct and operate a solar energy generation facility (i.e. a “solar farm”) on Tax Map Nos. 21-40, 21-40B, and 35-4., and the changes and recommendation of approval from the Planning Commission.

Discussion ensued among the Board regarding: The ability to have a tree buffer and maintain full

exposure to the sun; and changes to Condition 4F regarding buffering all year long.

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Seth Maughan, Applicant, provided comments on the request for Special Use Permit, including: the process since submitting application; implementation of the comments received from the public; tax improvements; a review of the conditions, benefits, and lack of impacts to the County; environmental impacts; buffering; and decommissioning of the panels at end of life.

Discussion ensued among the Board regarding: risks and environmental concerns related to certain

types of solar panel technologies; the idea to report to the County once the exact construction materials were decided; risks to firefighter and emergency responders; the need to provide electrical distribution plans and appropriate training; replacement of panels in the future as “maintenance” to avoid Machinery and Tools Tax; the desire to have construction traffic turn off Route 20, not Pine Glade Road; the need for better language related to the buffer; decommissioning efforts; use of land beyond decommissioning; and who would be the actual “owner” of the property.

At 7:34 p.m., Chairman Goodwin called the Public Hearing to order to receive comments on the

following: SUP 17-06 The Board of Supervisors will consider a Special Use Permit application by Seth Maughan, on behalf of Sol Development, LLC, to construct and operate a solar energy generation facility (i.e. a “solar farm”) on Tax Map Nos. 21-40, 21-40B, and 35-4. The proposed 62.5-megawatt facility, which is located on the south side of Route 20, approximately 0.5 mile west of Locust Grove Elementary School, will occupy approximately 400 acres with solar panels and ancillary facilities. This request is pursuant to Sec. 70-303 (23) of the Orange County Zoning Ordinance. The properties are zoned Agricultural (A) and the Recommended Future Land Use Map within the 2013 Comprehensive Plan designates these properties as Agricultural A2.

The following individuals spoke:

Jay Meadows, Resident of Round Hill

David Morris, Jr., Resident of Unionville

Rob Lanham, 13465 Broadview Lane, Culpeper

Phillip Rich, Resident of Orange

Additionally, the County Administrator indicated that written comments had been received from Kenny Dotson, Resident of Locust Grove.

There being no further speakers, Chairman Goodwin closed the Public Hearing at 7:43 p.m. Discussion ensued among the Board regarding: the fact that this was the first large-scale solar

project in Orange County, and it should be done right; the idea than an SUP was appropriate versus incorporation into the Zoning Ordinance; and the desire to continue guidance and dialogue throughout the project and permitting process.

On the motion of Mr. Crozier, seconded by Mr. Frame, which carried by a vote of 5-0, the Board

adopted the following ordinance, as modified:

ORDINANCE APPROVING SUP 17-06 TO PERMIT THE CONSTRUCTION AND OPERATION OF A SOLAR ENERGY GENERATION FACILITY ON TAX MAP NOS. 21-40, 21-40B, AND 35-4,

REQUESTED BY SETH MAUGHAN, ON BEHALF OF SOL DEVELOPMENT, LLC

WHEREAS, Seth Maughan, on behalf of Sol Development, LLC, applied for a Special Use Permit to construct and operate an approximately 400-acre, 62.5 MW-ac solar energy generation facility on property referenced as Tax Map Nos. 21-40, 21-40B, and 35-4, pursuant to Section 70-303 (23) of the Orange County Zoning Ordinance; and

WHEREAS, the Department of Planning and Zoning recommended conditional approval of this

Special Use Permit; and

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WHEREAS, the Planning Commission advertised and held a Public Hearing on the Special Use Permit request on November 2, 2017; and

WHEREAS, the Planning Commission considered whether the proposed Special Use Permit would

further the purposes of the Comprehensive Plan and the Zoning Ordinance; not threaten the public health, safety, or welfare; be compatible with its surroundings; not impact the environment or any natural, scenic, or historic assets; or would not result in substantial detriment to the surrounding property; and

WHEREAS, the Planning Commission reviewed the request and determined that the request was

consistent with the considerations above and that this public utility facility was substantially in accord with the Comprehensive Plan pursuant to Virginia Code Section 15.2-2232 (A), and, as such, recommended approval of the request to the Board of Supervisors, as modified during its Public Hearing; and

WHEREAS, the Board of Supervisors advertised and held a Public Hearing on the Special Use

Permit request on December 5, 2017; and WHEREAS, after deliberation, the Board of Supervisors has determined that public necessity,

convenience, general welfare, and/or good planning & zoning practice support approval of this Special Use Permit request, as modified during its Public Hearing;

NOW, THEREFORE, BE IT ORDAINED, on this 5th day of December, 2017, that the Orange

County Board of Supervisors approves SUP 17-06 for Tax Map Nos. 21-40, 21-40B, and 35-4 for a Special Use Permit to construct and operate a solar energy generation facility, subject to the four (4) conditions and nineteen (19) sub-conditions as shown below. Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None.

Conditions for Approval

As adopted in Ord. No. 171205 - PH1 by the Orange County Board of Supervisors

on December 5, 2017

SUP 17-06: Seth Maughan, Sol Development, LLC

To construct and operate a solar energy generation facility

Tax Map Nos. 21-40, 21-40B, and 35-4 The conditions of this Special Use Permit (“SUP”) shall apply to the properties identified on County Tax Map Nos. 21-40, 21-40B, and 35-4, as well as any future division or consolidation of said properties, unless otherwise specified herein. Compliance is the responsibility of the applicant, owners, and assigns. The following conditions are intended to offset and mitigate impacts of the proposed use, and to render the application consistent with the applicable provisions of the Comprehensive Plan. If the conditions of the SUP or the information on the SUP plans or application are in conflict with one another or with the Zoning Ordinance, the more restrictive shall apply, unless, specifically modified, waived, or otherwise specified in these conditions. Violation of these conditions, in whole or in part, may be cause for the revocation of the Special Use Permit, pursuant to §15.2-2309 (7) of the Code of Virginia.

1. Controlling Documents – Controlling documents shall be the conditions as set forth herein and the documents submitted with the application dated October 24, 2017.

2. Compliance – Use and development of the subject property shall be in substantial conformance

with these conditions. The Zoning Administrator shall determine “substantial conformance.” The property owner shall be responsible for obtaining all required County licenses, site plan approvals, building permits, health permits, VDOT permits, zoning permits, stormwater permits, and erosion and sediment control permits.

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3. Uses – This SUP shall permit the construction and operation of an approximately 400-acre, 62.5 MW-ac solar energy generation facility (i.e. solar farm).

4. Standards and Conditions –

Transportation / Access a. The facility shall utilize the existing entrance onto Route 20 as the primary access point,

subject to any upgrades that may be required by the Virginia Department of Transportation (VDOT). No new entrances onto Route 20 may be permitted for the facility unless the purpose is to relocate the existing entrance.

b. Any proposed roads associated with the facility which are internal to the property shall be

constructed in accordance with the U.S. Fish & W ildlife Service’s 2012 Environmentally Sensitive Road Maintenance Program for Dirt and Gravel Roads.

Buffering / Environmental c. There shall be no land disturbance, construction activity, or storage of equipment and

materials on any portion of the property within FEMA Flood Zone A (the 100-year floodplain).

d. There shall be no land disturbance or construction within 100 feet of any wetland or perennial waterway, or within 50 feet of any waterbody or intermittent waterway. If any of these buffer areas adjacent to the solar panel arrays lack existing vegetation, native tree species shall be planted in order to establish a riparian buffer. Adequacy of this buffer shall be approved by the Zoning Administrator as part of the site plan review and approval.

e. A buffer at least 50 feet in width shall be maintained around the perimeter of the property,

except adjacent to Route 20, where it shall be at least 100 feet in width. No clearing, tree removal, or other disturbance shall occur within this buffer area except as necessary to construct the electrical lines needed for connection to the nearby transmission line at the southwestern point of the property.

f. The portion of the above-referenced buffer adjacent to and south of Route 20 shall be

supplemented with additional tree plantings in order to adequately obscure visibility of the facility from Route 20 on a year-round basis. Trees shall be native species and a mix of evergreen and deciduous varieties, shall be planted in a natural and randomized pattern, and shall be at least eight (8) feet in height at the time of planting.

g. Grading associated with construction of the facility shall retain the natural topographical

contours to the maximum extent practicable, except where grading can smooth excessive existing grades (i.e. 15% or greater) in order to control or prevent erosion.

h. Existing mature forestland shall be cleared only as necessary for installation of the facility.

Clearing not associated with the facility is prohibited.

i. Solar panel arrays shall be arranged and constructed in order to encourage vegetation growth between and underneath the arrays.

Uses / Setbacks j. Construction of the facility shall not preclude any existing uses of the property, including

agriculture and the three (3) dwellings, from continuing. However, the facility, once constructed, shall be considered the principal use of each parcel of the subject property.

k. Should any subdivision of the subject property occur after the facility is constructed,

approval of this SUP shall be void for the newly-created parcels.

l. There shall be no commercial signage associated with the facility visible from Route 20 or from the air.

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m. For the purpose of determining minimum setback and yard distances from internal property lines, individual solar panel arrays shall be considered “main” structures per the Agricultural zoning district regulations of the Zoning Ordinance. The ingress/egress easement for the driveway on parcel 21-40B, as well as the portion of Pine Glade Lane within parcel 35-4, shall not be considered “subdivision streets” for the purpose of determining minimum setbacks/yards, unless a future subdivision necessitates the classification of either roadway as such.

n. All exterior lighting associated with the facility shall be Dark Sky compliant.

o. To the maximum extent practicable, all electrical lines, except for those installed on the

racking infrastructure and those associated with the interconnection route, shall be installed underground.

p. The use of permanent, subsurface foundations for solar arrays, such as those constructed

with poured concrete, shall be limited in order to facilitate the potential complete removal of the facility at a later date. Driven piles and/or helical piles shall be utilized to the maximum extent practicable.

Administrative / Miscellaneous q. The easement for the interconnection route shall be approved via plat by the County and

recorded in the Orange County Circuit Court before operation of the facility may commence.

r. The County shall be given the option, to be exercised at its sole discretion, to have the

portion of the subject property situated north of Route 20 be deeded to the County to be used as it deems appropriate. The County may exercise this option at any point after approval of this SUP and while the facility is still in existence. Due to lack of clarity of tax records, the validity of this condition shall be contingent on title research, conducted at no expense to the County, proving said piece of land is indeed a portion of the subject property.

s. Before the final inspection for the facility may be passed by the Building Official, the

applicant shall supply the County with a performance bond to cover costs associated with decommissioning the facility and restoring the site to its pre-development condition. The applicant shall engage a third party to produce a cost estimate to complete this work, minus anticipated revenue from salvaging materials, plus a 10% contingency. This bond shall be maintained for as long as the facility is in existence. The owner shall supply bond riders or replacement bonds, upon request by the County, to account for inflation and changes in anticipated costs. The County shall request these adjustments at 5-year intervals.

RE: FIRE AND EMS SAFER GRANT (Continued from Worksession)

Nathan Mort, Assistant Chief of Operations, provided a PowerPoint presentation, which included information on the following topics: factors affecting staffing demands; scheduled staffing at volunteer agencies; response areas; current staffing models; training statistics; personnel turnover; overtime statistics; call statistics; No Units Available status; failures to respond; and mutual aid.

Discussion ensued among the Board regarding: the use of staffing for programs and events;

whether or not report information was being received from all volunteer agencies; prioritization of calls; how often public service calls delay emergency calls; an increase in No Units Available occurrences; why additional staffing was needed at Mine Run; the fact that positions were authorized, but had not been filled; the provision of public service calls; “community paramedic” trends; the use of Public Service Announcements; flexibility in ambulance billing; and the desire to discuss this matter again.

The Board took the information regarding Fire and EMS staffing under advisement, and there

was no action taken at this time.

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RE: ADJOURN On the motion of Mr. Frame, seconded by Mr. Johnson, which carried by a vote of 5-0, the Board

adjourned the meeting at 8:58 p.m. Ayes: Johnson, White, Goodwin, Crozier, Frame. Nays: None. _______________________________ _______________________________ S. Teel Goodwin, Chairman R. Bryan David, County Administrator