District 1: Josh Stephens ADMINISTRATION District 2: Steve Baker Evan L Vass, County Administrator District 3: David Ferguson Mandy R. Belyea, Deputy County. Administrator District 4: Karl Roulston District! 5: Dennis Morris SHENANDOAH District 6: Tim Taylor COUNTY BOARD OF SUPERVISORS Shenandoah County BOARD OF SUPERVISORS AGENDA June 10, 2025 4:00 p.m. Board Room 600 North Main Street Woodstock, Virginia CALLTO ORDER INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OR AMENDMENT OF AGENDA SPECIAL PRESENTATIONS 1. Shenandoah County Employee Service Recognition CONSIDERATION OF NON-ACTION ITEMS TAB A 1. Discussion and consideration regarding additional Compensation Board positions and funding allocated to the Office of the Commonwealth's Attorney and the Office of the Clerk of the Circuit Court for Fiscal Year 2026. 2. Discussion and consideration regarding a request for appropriation ofFiscal Year 2024 Special Budget Funds for the Shenandoah County Public Schools. 3. Discussion and consideration regarding a request for appropriation of Fiscal Year 2024 unassigned fund balance carryover for the Shenandoah County Public Schools. 4. Discussion and consideration to provide a one-time bonus payment to full-time employees in Fiscal Year 2026. PUBLIC COMMENT (other than matters for which a public hearing has been or will be held) CONSIDERATION OF CONSENT AGENDA ITEMS TAB B 1. Consideration of the May 27, 2025 regular meeting minutes. PUBLIC HEARING(S): TAB C There are no Public Hearings scheduled for tbe June 10, 2025 meeting. OLD BUSINESS TAB D 1. Consideration of the adoption of an ordinance that amends Section 156-1 of the Shenandoah County Code to adopt provisions of the Virginia Code that pertain to traffic and motor vehicles that will become effective July 1, 2025. 2. Consideration of an authorization to execute an intergovernmental agreement with the Virginia Department of Forestry for Fiscal Year 2025 matching funds for the conservation easement program. CONSIDERATION OF PLANNING COMMISSION ITEMS TAB E There are no Planning Commission items presented for the June 10, 2025 meeting. NEW BUSINESS TAB F 1. Consideration of the adoption of an Official Intent Resolution regarding the issuance of debt in an amount not to exceed $4,750,000. COUNTY ATTORNEY COMMENTS BOARD MEMBER COMMENTS COUNTY ADMINISTRATORS COMMENTS OTHER BUSINESS CLOSED SESSION(S): 1. A closed session as authorized by Virginia Code Section 2.2-3711 (A) (1) to discuss the assignment and appointment ofspecific public officers, appointees, or employees. The subject matter is the appointment of specific public officials to serve on the Tourism Council and the Cedar Creek and Belle Grove National Historical Park Advisory Commission. ADJOURNMENT - County of Shenandoah Board of Supervisors Agenda Item Summary AGENDA DATE: June 10, 2025 CONSENT: REGULAR: X CLOSED SESSION: ACTION: INFORMATION: X ITEM TITLE: Discussion and consideration regarding additional Compensation Board positions and funding allocated to the Office of the Commonwealth's. Attorney and Office ofthe Clerk of the Circuit Court in Fiscal Year 2026. RECOMMENDATION: This is provided to the Board of Supervisors for discussion at its June 10, 2025 regular meeting and will be provided for action at the Board's regular meeting on June 24, 2025. BACKGROUND: As part of the Fiscal Year 2026 budget of the Commonwealth of Virginia, the General Assembly approved additional positions and funding to assist with the anticipated workload increases resulting from implementation ofHB2723/SB1466 related to sealing and expungement of court records. Ms. Elizabeth Cooper, Commonwealth's Attorney, was notified by the Commonwealth of Virginia Compensation Board that her office received one additional state-funded Assistant Commonwealth's Attorney position effective July 1, 2025. Similarly, Ms. Karla Ortts, Clerk ofthe Circuit Court, received one additional Deputy Clerk IV position effective] July 1, 2025. These two positions were not anticipated during the County's Fiscal Year 2026 budget deliberations and thus were not included in the Fiscal Year 2026 Adopted Budget. Budget language from the Commonwealth directs local governments that funding for these new positions may not supplantlocal funds currently provided for salaries. The County anticipates receiving a reimbursement of$126,248 related to the annual pay for the two positions and $11,081 for the annual fringe benefits from the Compensation Board. The County estimates that it will supplement approximately $37,428 in local funds for personnel-related costs of the two positions. Ms. Ortts has indicated that she does not anticipate hiring this position on July 1, 2025 as she is awaiting additional information and guidance regarding thei implementation ofHB2723/SB1466 to determine the needs ofher office and this position. Thus, these Compensation Board funds and any related local funds would remain unspent until the position is filled. BUDGET IMPACT: FY 2026 Supplemental Appropriation of $137,329 in General Fund state funds and $37,428 in General Fund local funds for personnel-related costs STAFF CONTACTS: Evan L. Vass, County Administrator Elizabeth Cooper, Commonwealth's Attorney Karla Ortts, Clerk of the Circuit Court ATTACHMENTIS: None REVIEWED BY: DATE: O6lo4/2025 Oag.Du Aa SCH 600 North Main Street, Suite 200 * Woodstock, VA 22664 * (540) 459-6222 * FAX (540) 459-6707 To: Evan Vass, Shenandoah County Administrator Amy Dill, Shenandoah County Director of Finance From: Dr. Melody Sheppard, Shenandoah County Public Schools Superintendent Subject: Request for Appropriation of FY24 Special Budgets Carryforward and Deferred Reyenué Date: June 2, 2025 Shenandoah County Public Schools requests adjustments to the fiscal year 2024 -2025 appropriation related to speclal budget carryforward funds and deferred revenue from the fiscal year that ended June 30, 2024. This request is in accordance with the Code of Virginia Section 22.1-94, which grants the governing body the power to make appropriations to a school board and in accordance with the Fiscal Year 2024 - 2025 Shenandoah County Appropriation Resolution approved April 16, 2024. Total requested modification of appropriations is a net increase of $3,491,223.78 in total revenue which consists of the following; FY2025 Revenue Adjustments School Special Budget Carryforward Revenue- Miscellaneous $1,255,463.22 Carryforward Revenue- State $455,111.72 Deferred Revenue State $1,738,378.58 Unrealized Reimbursable Revenue - Miscellaneous $42,270.57 Total $3,491,224.08 FY2025 Expenditure Adjustments School Special Budget Starnes Estate $ 258,173.44 Vehicle Maintenance Labor $ 69,051.98 Beginning Teacher Recognition Grant $ 126.86 CTE Competitive Equipment* $37,500.00 AM Legion $ 175.83 Bowman-Shannon Cultural Arts Fund $ 151,760.00 Textbooks $ 442,553.00 All In Virginia* $1 1,626,071.69 VPSA Security" $78,038.61 Massanutten Regional Governor's School $ 241,176.69 Medicaid $ 534,998.11 Project Graduation $9,327.00 Claude Moore Charitable Foundation* $ 42,270.57 Total $3,491,224.08 *Indicates revenue received in FY2024 and deferred until FY2025 A Indicates unrealized reimbursable revenue The school board intends to utilize these funds as described in each grant application and/or spending plan as required. We request this change in our budget appropriation to fully utilize all available funding in the education of our students. C Agenda Item Details Meeting Apr 10, 2025 - Shenandoah County School Board Meeting Category 6. Action Items Subject 6.4 Request to Reappropriate FY2024 Fund Balance Type Action Recommended I move to approve the request to increase the FY2025 Special Budget appropriation Action in the amount of $3,491,223.78. Explanation or Summary: Robinson, Farmer, Cox Associates has completed the audit for Fiscal Year 2024 in coordination with School Board and General Government staff. Shenandoah County General Government published the Annual Comprehensive Financial Report (ACFR) on January 14, 2025, which included the financial statements for the Shenandoah County Public Schools as a discretely presented unit. These reports indicated that SCPS returned $9,006,307 to Shenandoah County General Government as of June 30, 2024 and $1,738,378 in revenue received in FY2024 was deferred to FY2025, bringing the total available funding at June 30, 2024 to $10,744,685. On August 7, 2024, the Shenandoah County School Board approved the reappropriation of $822,828 to FY2025 in related to Capital Improvement Projects and, as shown in the attached file, $3,448,953.21 of the remaining surplus funding is attributable to Special Budgets and requires action of the School Board to be re-appropriated for FY2025. The remaining $6,472,903.29 surplus is attributable to the Operating Budget and it is recommended that a request be made to the Shenandoah County Board of Supervisors that this funding be reserved for future use in the Shenandoah County Public Schools Capital Improvement Program for an upcoming construction project to be determined by the Schoo! Board. Additionally, $42,270.57 was unrealized reimbursable grant revenue through the Claude Moore Foundation that also must be appropriated to the FY2025 Special Budget. These are funds provided by a private foundation and do not require additional support from Shenandoah County General Government. It is requested that the Shenandoah County School Board consider the following: 1. Increase the appropriation of the FY2025 Special Budget by $3,491,223.78 Attachments: 1. Excerpts from the Shenandoah County FY2024 Annual Comprehensive Financial Report 2. SCPS FY2024 Special Budget Fund Balance Reconciliation Proposed or Suggested Motion: I move to approve the request to increase the FY2025 Special Budget appropriation in the amount of $3,491,223.78. Staff Contact: Ms. Kailyn Campbell, Finance Director Shenandoah County FY2024 ACFR_SCPS Excerpt.pdf (150 KB) SCPS FY2024 Special Budget Fund Balance Reconcilation.pdr (58 KB) Motion & Voting I move to approve the request to increase the FY2025 Special Budget appropriation in the amount of $3,491,223.78. Motion by Kyle L Gutshall, second by Michael D Rickard. Final Resolution: Motion Approved Yes: Thomas A Streett, Gloria E Carlineo, Kyle L Gutshall, Larry E Vance, Michael D Rickard, Dennis C Barlow SHENANDOAH COUNTY PUBLIC SCHOOLS SPECIAL BUDGETS FY2024 FUND BALANCE REAPPROPRIATION DESCRIPTION Reappropriation of Fund Balance Request STARNES ESTATE $ 258,173.44 VEHICLE MAINT LABOR $ 69,051.98 BEGINNING TEACHER RECOGNITION GRANT $ 126.86 CTE COMPETITIVE EQUIPMENT $ 37,500.00 OTHER LOCAL REVENUE (AMI LEGION) $ 175.83 BOWMAN-SHANNON CULTURAL ARTS FUND $ 151,760.00 TEXTBOOK - SPECIAL BUDGET $ 442,553.00 ALL IN VIRGINIA GRANT $ 1,626,071.69 VSPA FUNDED SECURITY STATE $ 78,038.61 MASSANUTTEN GOVERNOR'S SCHL S 241,176.69 MEDICAID $ 534,998.11 PROJECT GRADUATION GRANT $ 9,327.00 $ 3,448,953.21 DESCRIPTION Unrealized Reimburseable Revenue CLAUDE MOORE CHARITABLE FOUNDATION $ 42,270.57 A3 SCH 600 North Main Street, Suite 200 . Woodstock, VA 22664 . (540) 459-6222 . FAX (540) 459-6707 To: Evan Vass, Shenandoah County Administrator Amy Dill, Shenandoah County Director of Finance From: Dr. Melody Sheppard, Shenandoah County Public Schools Superintendent Subject: Request for Appropriation of FY24 Surplus for FY26 Capital Projects Date: June 2, 2025 Shenandoah County Public Schools requests the allocation of funds determined to be surplus and returned to Shenandoah County at the conclusion of FY2024 for schools related Capital Projects during FY2026. This request is in accordance with the Code of Virginia Section 22.1-94, which grants the governing body the power to make appropriations to a school board and in accordance with the Fiscal Year 2025 - 2026 Shenandoah County Appropriation Resolution approved April 15, 2025. Total requested reappropriation of funds to FY2026 is $4,141,365 and is proposed to be utilized for the following capital maintenance projects; FY2026 Additional Maintenance Project List Renovate HVAC system to address humidity control - All Elementary Schools $ 1,300,000 Replace Carpet - All Elementary Schools $ 691,365 Repair EIFS/Stucco - Signal Knob MS $ 200,000 Replace original roof - Stonewall Jackson HS $ 450,000 Replace original roof - Strasburg HS $ 450,000 Repair safety hand railings All schools $ 50,000 Replace flashing safety lights $ 50,000 Purchase Sewer Jetting Machine $ 30,000 Renovate Transportation Facility $ 300,000 Addition of 3 Modular Units to Sandy Hook ES $400,000 Access Road at Southern Campus $220,000 Total $4,141,365 Agenda Item Detalls Meeting May 27, 2025 - Shenandoah County School Board Special Called Meeting Category 2, Action Item Subject 2.1 Request to Reappropriate FY2024 Surplus for Future Construction Projects Type Action Recommended I move to request the FY2024 surplus in the amount of $ from the Board Action of Supervisors to support capital improvement projects, as outlined in option Explanation or Summaryi Robinson, Farmer, Cox Associates completed the audit for Fiscal Year 2024 in coordination with School Board and General Government staff. Shenandoah County General Government published the Annual Comprehensive Financial Report (ACFR) on January 14, 2025, which included the financial statements for the Shenandoah County Public Schools as a discretely presented unit. These reports indicated that SCPS retured $9,006,307 to Shenandoah County General Government as of June 30, 2024, and $1,738,378 in revenue received in FY2024 was deferred to FY2025, bringing the total available funding at June 30, 2024, to $10,744,685. The surplus attributed to the Operating Budget is $6,472,903.29. The recommendation is for the School Board to submit a request to the Shenandoah County Board of Supervisors to reserve these funds for Shenandoah County Public Schools to support major capital improvement projects. At the April 28 School Board meeting, a Board member requested additional information to help clarify the available options for allocating the FY2024 surplus. Below are several options for the Board's consideration, and the attached document outlines the associated costs for each. These options were discussed at the May 8 School Board meeting, during which several motions were made to allocate the surplus toward a combination of major construction and one-time capital improvement projects; however, none of the motions passed. The Board agreed to reconvene before the end of May and recommended that the superintendent seek feedback from the Board of Supervisors. The proposed action for the Special Called Meeting on May 27 is for the School Board to approve a request for the use of the FY2024 surplus, which will then be forwarded to the Board of Supervisors for their consideration. Option 1 New Elementary School Architectural Fees New Triplett Tech Architectural Fees ALES, SHES, and WWRES Additional Carpet Replacement Option 2 New Elementary School Architectural Fees Triplett Tech Addition ALES, SHES, and WWRES Renovate HVAC system to address humidity control ALES, SHES, and WWRES Additional Carpet Replacement Option 3 New Triplett Tech Architectural Fees Sandy Hook Elementary School Additional Classrooms W. W. Robinson Elementary School Additional Classrooms ALES, SHES, and WWRES Renovate HVAC system to address humidity control Option 4 Sandy Hook Elementary School Additional Classrooms W. W. Robinson Elementary School Additional Classrooms Triplett Tech Addition ALES, SHES, and WWRES Renovate HVAC system to address humidity control ALES, SHES, and WWRES Additional Carpet Replacement SKMS Repair EIFS/stucco SJHS Replace original roof SHS Replace original roof All Schools Repair safety stair handrailing at all schools Division Replace flashing safety lights Division Purchase sewer jetting machine with camera Option 4 with Modifications Sandy Hook Elementary School Additional Classrooms W. W. Robinson Elementary School Additional Classrooms Triplett Tech Addition ALES, SHES, and WWRES Renovate HVAC system to address humidity control SKMS Repair EIFS/stucco SJHS or SHS Replace original roof Division Purchase sewer jetting machine with camera Modifications to Transportation Facility SHES Addition of 3 Modular Units Option 5 New Elementary School Architectural Fees SHES Addition of 3 Modular Units ALES, SHES, and WWRES Renovate HVAC system to address humidity control ALES, SHES, and WWRES Additional Carpet Replacement SJHS Replace original roof SHS Replace original roof Modifications to Transportation Facility Attachments: 2025-05-27 Considerations for FY2024 Surplus Options Considerations for FY2024 Surplus Presentation Option 6 Consideration for FY2024 Surplus Proposed or Suggested Motion: I move to request the FY2024 surplus in the amount of $ from the Board of Supervisors to support major construction and capital improvement projects, as outlined in option Staff Contact: Melody Sheppard, Superintendent 2025-05-27 Capital Improvement Project Options for FY2024 Surplus.pdf (65 KB) 2025-04-28 School Board Major Capital Project Presentation.pd: (815 KB) OPTION 6 CONSIDERATION FOR FY2024 SURPLUS.pdf (22 KB) Motion & Voting I move to request the FY2024 surplus In the amount of $4,141,365 from the Board of Supervisors to support capital improvement projects, as outlined in Option 6. Motion by Kyle L Gutshall, second by Thomas A Streett. Final Resolution: Motion Approved Yes: Thomas A Streett, Kyle L Gutshall, Larry E Vance, Michael D Rickard, Dennis C Barlow OPTION 6 CONSIDERATION FOR FY2024 SURPLUS ALES, SHES, and WWRES - Renovate HVAC system to address humidity control $1,300,000 ALES, SHES, and WWRES - Additional Carpet Replacement $691,365 SKMS = Repair EIFS/stucco $200,000 SIHS = Replace original roof $450,000 SHS = Replace original roof $450,000 All Schools - Repair safety stair handrailing at all schools $50,000 Division - Flashing safety lights $50,000 Division = Sewer jetting machine with camera $30,000 Modifications to Transportation Facility $300,000 Addition of 3 Modular Units at Sandy Hook Elementary School $400,000 Access Road at Southern Campus (gravel $165,000) $220,000 Total $4,141,365 - 4 County of Shenandoah Board of Supervisors Agenda Item Summary AGENDA DATE: June 10, 2025 CONSENT: REGULAR: X CLOSED SESSION: ACTION: INFORMATION: X ITEM TITLE: Discussion and consideration to provide a one-time bonus to full-time employees in Fiscal Year 2026. RECOMMENDATION: This is provided to the Board of Supervisors for discussion at its June 10, 2025 regular meeting. BACKGROUND: During the County's Fiscal Yeat 2026 budget development process, the concept of a one-time bonus was introduced as the General Assembly was contemplating a bonus for state-supported local employees. The General Assembly ultimately approved a 1.5% one-time bonus for its permanent, full- time state-supported local employees to be paid by the locality in July 2025. Such funds must only be used to support the bonus payments. The funding appropriated by the Commonwealth of Virginia to support this purpose is based on existing salaries on July 1, prior to application ofthe 3.0% across-the-board salary increase of any other salary adjustment effective on July 1, 2025. The County has approximately 360 full-time employees, ofwhich approximately 120 are employees of constitutional officers and approximately 65 of the 120 are funded by the Compensation Board. Ifapproved, a 1.5% one-time bonus would be available for eligible full-time staffi members employed on July 1, 2025 and would be based on existing salaries on July 1, 2025 prior to application ofthe 3.0% general wage increase or any other salary adjustments effective July 1, 2025. As currently presented, the one-time bonus would be extended to eligible full-time County employees, employees ofthe Department ofSocial Services, constitutional officers, and employees of constitutional officers. In accordance with S 15.2-1508 of the Code of Virginia, bonus payments may only be enacted by ordinance, which will require public notice and a public hearing at the Board's meeting on) June 24, 2025. BUDGET IMPACT: As part of the County's FY 2026 budget discussions around unassigned fund balance, the County preliminarily earmarked a one-time estimated net cost of $200,000 as aj proposed use ofunassigned fund balance for information. The current estimated net cost for the one-time bonus payment is approximately $240,000 (8300,000 total cost less state funds of $60,000) for which a supplemental appropriation from state funds ($60,000) as well as unassigned fund balance ($240,000) would be requested. The Department ofSocialServices, noti included: in the above estimated figures, will receive 84.5% state funding for this bonus payment with a 15.5%1 local match; because thel local match is estimated at $7,500 and given expected vacancies in the month of July, an additional local appropriation for the FY 2026 Social Services budget is unnecessary. STAFF CONTACTS: Mandy Belyea, Deputy County Administrator Evan Vass, County Administrator ATTACHMENTIS): None REVIEWED BY: DATE: 06/06/2025 Omgg.Dar BI MINUTES OF THE SHENANDOAH COUNTY BOARD OF SUPERVISORS MEETING: MAY 27, 2025, 7:00 PM The Board of Supervisors met: in the Board Meeting Room, 600 North Main Street, Woodstock, Virginia, on May 27, 2025, at 7:00 p.m. The following members of the Board of Supervisors were in attendance: Supervisor David Ferguson, Supervisor Tim Taylor, Vice Chairman Dennis Morris, Supervisor Steve Baker, Chairman Josh Stephens and Supervisor Karl Roulston. Administrative Staff members in attendance: Mr. Evan Vass, County Administrator, Ms. Mandy Belyea, Deputy County Administrator, Ms. Amy Dill, Director of Finance, Mr. Jason Botkins, County Attorney, and Ms. Allie Fauber, Administrative Assistant. Chairman Stephens called the meeting to order at 7:00 p.m. and led an invocation followed by the Pledge of Allegiance. APPROVAL OF THE AGENDA: Vice Chairman Morris made a motion, seconded by Supervisor Taylor, to approve the agenda as presented. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye SPECIAL PRESENTATIONS: 1. Introduction of 4-H All Stars-Carol Nansel, VCE Ms. Carol Nansel introduced the 4-H All Stars and officers and explained that this is one oft the highest honors that a 4-H member or an adult volunteer can obtain. She said this is done by having a well-rounded 4-H career, leadership, citizenship, life skill development, and community service. Ms. Nansel introduced the district officers, Lizzie Rhodes, Rory Nansel, Steve Wood, and Barbara Derflinger and the state officers, Rory Nansel, Kathy Nies Hepner, and Jim Hepner. She added that members were also presented with state awards at their mid-winter conference. Ms. Nansel recognized the Hall of Fame award recipients that were present. Mr. Jim Hepner reviewed what the Shenandoah County All-Stars have been doing in the community and how they uphold the 4-H motto. He said that there are around 400 All-Stars in this county and 40 are very active members. Chairman Stephens thanked everyone for representing the County sO well. CONSIDERATION OF NON-ACTION ITBMS: 1. Discussion and consideration of FY 2026 budgeted debt linancing-Davenport & Co. Mr. Ted Cole reviewed the proposed options for financing the County's operating capital for the ensuing Fiscal Yeat 2026. He stated that in line with the Fiscal Year 2026 Adopted Budget, the County is planning to move forward with financing approximately $4.35 million for the County and Schools and provided a list of projects. He added that this would be short-term borrowing paid back over five years. He said that they are recommending the Virginia Resource Authority's (VRA) pooled financing program, which will provide greater flexibility and is estimated to provide lower interest rates. Mr. Cole said that the County has used VRA previously and that no additional collateral will be needed due to using the excess value of existing collateral already held by VRA. He stated that they had reached out to a few banks and explained what they were looking to do and compiled scenarios based on estimated rates provided. He said that VRA is looking for a response from pool participants by. June 13th and provided a timeline ofl key dates, including when rates were locked in. Mr. Cole also showed a timeline for a direct bank loan. He stated that based on discussions with staff, the recommendation is to choose the VRA financing option. Mr. Cole noted that there would be an interest payment due in fiscal year 2026 and explained that the County could include that interest payment as part ofits principal borrowing (interest capitalization) or could amend its budget to make the interest payment. Vice Chairman Morris asked if the VRA rates go up, will the bank also and Mr. Cole said most likely since they are both driven by the same factors. Chairman Stephens added that historically, VRA has been a better option when it comes to interest rates and Mr. Cole agreed. Supervisor Taylor identified himself as an employee of Shenandoah County Schools and asked if the items listed on the CIP meant that that is what the money must be used for, and Mr. Vass said that bond counsel and VRA require the locality to stay closely to what you have planned. Mr. Cole agreed that lenders like to know what the money is being used for but within reason there is flexibility. Supervisor Taylor noted that he liked the VRA financing option with a budget amendment for the fiscal year 2026 interest payment. With no board member concerns noted for that approach, Chairman Stephens indicated that Mr. Cole and staff should proceed accordingly. PUBLIC COMMENT (OTHER THAN MATTERS FOR WHICH A PUBLIC HEARING HAS BEEN OR WILL BB HELD): Cara Mroczek of Strasburg said that the school submitted a CIP request to the Board and that the Board only funded $2.5 million. She urged the Board to return $6.5 million surplus to the schools to be used for the urgent maintenance needs. She listed health and safety concerns that needed to be addressed. An WineKing of Woodstock said that she works at Sandy Hook Elementary School and asked that the Board return the $6.5 million in surplus to the schools to address urgent needs and to plan for a new elementary school. She said that she heard that some of the funds will be returned, but that there is no planning for an additional elementary school. She stated that some veteran educators have chosen to leave the County because of frustrations with the situation. Jessica Hoyt said that she is a teacher at Sandy Hook. She said that teachers are tired of fighting for the needs of staff and students. She asked that education not be seen as a competing need but a foundation. She said that she researched local inmate statistics and a lot of them lacked high school diplomas. Shane Waller of Strasburg said he was very concerned after a recent lockdown incident at the schools. He said that there are compromised door locks at the schools and that they need the funding to fix this along with the intercom situation. He said these are the first lines of defense and communication and he is angry that they cannot fund these items. Chairman Stephens stated that a committee has been formed and will start meeting about long term infrastructure and facility needs at the schools. CONSIDERATION OF CONSENT AGENDA ITEMS: 1. Consideration of the May 13, 2025, regular meeting minutes. Vice Chairman Morris made a motion, seconded by Supervisor Taylor to approve the items as presented. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye PUBLIC HEARING(s): 1. A public hearing concerning three ordinances amending the usage rates for the Toms Brook- Maurertown and Stoney Creek Sanitary Districts by 5% and amendments to rates and fees associated with sludge disposal at the North Fork Wastewater Treatment Plant. There pere no comments on this item. 2. A public hearing to consider an ordinance amending portions of County Code 156-1 to adopt provisions of the Virginia Code pertaining to traffic and motor vehicles that will become effective July 1, 2025, as a result of changes by the Commonwealth ofVirginia. There were no comments on this item. 3. A public hearing to consider the disposition of an undeveloped 50 public right-of-way located in Section 3 of the Valley View subdivision between 114 and 82 Sara Ann Avenue, Edinburg. Teresa Baker of Mt. Jackson said that she has property that adjoins Sara Ann Avenue. She asked why she was contacted years ago about selling this right-of-way ifi it did not belong to her. She stated that Mr. Frye, another property owner, passed away a few months ago and left the property to her and she was not notified of this meeting. Ms. Baker said that recently the property owner beside the right-of-way has refused her access to the right-of-way to get to her property. She added that the only entrance on Rt. 42 is very dangerous, and she wants the right-of-way to stay as is. Roy Dickerson of Sara Ann Avenue said that the right-of-way is County property. He said that he has been maintaining it to help control pests. He stated that he asked the County about Mr. Frye using the right-of-way to get lumber from his property and was told he could not do this because it was County property. He added he has been trying to obtain this property since 2017 and in his 25 years there, no one has used this to access the farm property. OLD BUSINESS: 1. Consideration of the adoption of changes to water and sewer fee ordinances associated with the County's Sanitary Districts and North Fork Wastewater Treatment Plant. Vice Chairman Morris made a motion, seconded by Supervisor Roulston to approve the item as presented. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye 2. Consideration of the disposition of an undeveloped right-of-way located in Section 3 of the Valley View Subdivision in Edinburg. Vice Chairman Morris made a motion, seconded by Supervisor Baker to table the item. Supervisor Roulston said that he agrees with tabling the issue to get more information on it. Chairman Stephens agreed and said that he has questions also. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye 3. Consideration to request a 15-month extension of an Agriculture and Forestry Industry Development (AFID) Grant for Wholesome Foods. Mr. Vass said this is the official action authorizing what was previously agreed to. Supervisor Ferguson made a motion, seconded by Vice Chairman Morris to approve the item as presented. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye 4. Consideration and update concerning a Staffing for. Adequate Fire and Emergency Response (SAFER) grant submittal. Mr. Vass said that the Board previously authorized a request for 27 firefighter personnel to be funded through the SAFER grant. He said the notice to submit applications for the grant came out last week and FEMA has changed the funding to now require a local match of 25% in the first year, 25% in the second, and 65% in year three. He added that it will not be a situation where they ask for 27 positions and the grant only awards a certain number, for example 18. He stated the grant will be evaluated and awarded based on the request. Mr. Vass said that it will be at least September until they find out if they were awarded the grant and with the recruitment process it will take them into calendar year 2026 to draw on the FEMA funds. Chairman Stephens said they were provided with three options in their packet for consideration. Supervisor Ferguson said he would like to discuss option A of applying for 27 firefighters. He added that most oft these firefighters would be for District 3 with 24/7 staff at the Edinburg station and then Fort Valley also. He stated that he was sure the remaining number would be needed. Chairman Stephens said that if they are awarded the grant, the Board will have three years to figure out funding when the grant runs out. Supervisor Ferguson made a motion, seconded by Vice Chairman Morris to approve option A of the item presented to apply for 27 firefighters through the SAFER grant. The motion was apptoved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye CONSIDERATION OF PLANNING COMMISSION ITEMS: 1. Consideration of a Special Use Permit pursuant to Section 165-11B(3)(n) and Article XIX of the County Code, allowing a' Telecommunication Tower on 140.638 acres, more of less, on certain real property zoned C-1 Conservation, located at 157 Leigh Lane (Tax Map No. 065 A 110 and 065 A 110D). Chairman Stephens stated that this involves taking down the current wooden structure and replacing it with one that meets the ordinance requirements. Supervisor Taylor made a motion, seconded by Supervisor Ferguson to approve the item as presented with the conditions listed. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye 2. Consideration of a Request For Withdrawal from an Agricultural and Forestal District (AFD) of a portion of real property zoned C-1 Conservation consisting of 3.167 acres, more or less, located at Patrick Lane, Mount Jackson (Tax Map No. 076 05S003 008). Supervisor Roulston made a motion, seconded by Vice Chairman Morris to approve the item as presented. The motion was approved by a roll call vote as follows: Mr. Taylor aye Mr. Roulston aye Mr. Stephens aye Mr. Ferguson aye Mr. Morris aye Mr. Baker aye NEW BUSINESS: There pere no New. Business items for the May 27, 2025, rgular meeting. COUNTY ATTORNEY COMMENTS: Mr. Botkins had no comments. BOARD MEMBER COMMENTS: Supervisor Roulston stated that the schools have not asked them for anything specifically yet. He agreed that the schools have not been adequately funded for years but added that every year they are provided with a CIP from the schools telling them what the urgent and critical needs are, and they make an effort to cover these. He stated that they are dedicated to keeping their buildings functional. Supervisor Taylor said that this was the last day of school for staff, and he wished everyone the best over summer. He said that he hopes they are able to make the conditions better than what they are now. Vice Chairman Morris said that they are always presented with a CIP list from the schools and they do their best to fund it. He added that if an emergency comes up, the Board is known to step up and they have a good relationship with the School Board. He said that he does not know of a proposal from the school division for renovations since renovations of the high schools in the 1990s. He also commented that he attended the Strasburg High School Athletic Banquet and Supervisor Taylor received the Ram Pride Award and that this was well deserved. Supervisor Baker said he is concerned with some of the comments tonight and that he feels that the Board does the best they can. He agrees that they all want to continue a good education system for the students in the County and they need to work on a vision for the future. He commented on attending Stonewall Jackson High School's graduation and that he had the opportunity to congratulate Mr. Mike Dorman on his career and retirement. Chairman Stephens said that he agrees with everyone's comments and also congratulated Supervisor Taylor on his upcoming retirement from Shenandoah County Public Schools. COUNTY ADMINISTRATOR'S COMMENTS: Ms. Belyea said that with Mr. Patrick Felling's retirement they have been recruiting for a new Director ofl Public Utilities and have made a selection. She stated that Mr. Samuel Dinges has accepted the position and gave brief: information on his background and experience. OTHER BUSINESS: There were no Other. Business items for the. May 27, 2025, regular meeting. CLOSED SESSION(s): There were no Closed Session tems scbeduled for the May 27, 2025, regular meeting. ADJOURNMENT With no further business the meeting was adjourned at 8:30 p.m. Josh Stephens, Chairman ATTEST: Evan Vass, Clerk of the Board ORDINANCE AMENDING CHAPTER 156, ARTICLE I, ADOPTION OF STATE LAY W WHEREAS, this Board ofSupervisors ofShenandoah County wishes to amend Section 156- 1 ofthe County Code to reincorporate certain sections of the Code of Virginia in order to ensure that any amendments to the incorporated statutes are properly incorporated into the County Code NOW, THEREFORE, be it ordained by the Board ofSupervisors of Shenandoah County, Virginia, that Article I of Chapter 156 of the County Code is amended and reenacted as follows: ARTICLE I, Adoption of State Law 156-1. Adoption by reference. A. Pursuant to the authority of Code of Virginia, 46.2-1313, all of the provisions and requirements ofthe laws ofthe Commonwealth contained in Code of Virginia, Title 46.2, as amended, and in Code ofVirginia, 18.2-266 through 18.2-273, as amended, as it reads, effective July 1, 2025 except those provisions and requirements, the violation of which constitutes a felony, and except those provisions and requirements, which by their very nature, can have no application to or within a county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. B. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part oft this chapter as fully as those set forth at length herein, and it shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any provision ofthe laws adopted and incorporated into this chapter, provided that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Code ofVirginia, Title 46.2 or under Code of Virginia, 18.2-266 through 18.2-273. C. Ordinances adopted hereunder incorporating by reference appropriate provisions of State Law before the effective date of such a law become effective on the effective date of the law and not before. D. All other Commonwealth of Virginia statutes and regulations incorporated into the ordinances ofthe County are reincorporated, and all County Code provisions incorporating the Commonwealth provisions are readopted. This reincorporation extends to statutes which have been amended and to Commonwealth statutes which have been repealed and recodified. E. All County ordinances incorporating or referring to Commonwealth statutes or regulations are readopted and, if necessary, the ordinances are amended to reflect any amendments to or recodifications oft the statutes or regulations. Efile/Gen2/3360.0.1 ShenCo/ Gen MiaesisAwidaNaing Docs 2025/Adoption State. Law 2025/1JH/5.7.25 F. All future amendments and recodifications ofs statutes and regulations incorporated into the ordinances of the County are also incorporated in accordance with $1-220 of the Code of Virginia. This ordinance is effective on "the first day of July, 99 2025, within the meaning of Article IV, Section 13 oft the Virginia Constitution. * * * * CERTIFICATE The undersigned Evan Vass, County Administrator of Shenandoah County, Virginia, hereby certifies the foregoing constitutes a true and correct copy of an Ordinance Amending Chapter 156, Article I, Adoption of State Law, adopted by the Board of Supervisors after due publication at a regular meeting duly held and called on June 10, 2025, for which proper notice was given. A record ofthe roll-call vote by the Board is as follows: Name Aye Nay Abstain Absent Karl Roulston David Ferguson Josh Stephens Dennis Morris Tim Taylor Steve Baker June 10, 2025 Evan Vass, County Administrator Shenandoah County Efle/Gen2/3360.0.1 ShenCo/ Gen MiseshaeAMde/aaing Docs 2025/Adoption State Law 2025/JH/5.7.25 County of Shenandoah D2 Board of Supervisors Agenda Item Summary AGENDA DATE: June 10, 2025 CONSENT: REGULAR: X CLOSED SESSION: ACTION: X INFORMATION: ITEM TITLE: Consideration of an Authorization to Execute an Intergovermental Agreement with the Virginia Department of Forestry for FY 2025 Matching Funds for Conservation Easement Program. RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement as presented and adoption of the attached resolution authorizing the County Administrator to execute the agreement. BACKGROUND: On February 6, 2024, the Board of Supervisors authorized an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services (VDACS) to receive state matching funds for the purchase of agricultural conservation easements. Since that time, the General Assembly transferred responsibility for the Virginia Farmland and Forestland Preservation Fund to the Virginia Department of Forestry (DOF), via Chapter 146 of the 2024 Virginia Acts of Assembly. As a result, a revised Intergovernmental Agreement has been drafted between Shenandoah County and DOF to formalize receipt of state matching funds totaling $69,357.15. These funds will reimburse the County for eligible expenses associated with the purchase of perpetual conservation easements from willing sellers under the Conservation Easement Authority (CEA) Program. The agreement outlines the responsibilities of both parties and maintains the same match structure and intent as prior agreements executed under VDACS. An appraisal report meeting USPAP or UASFLA Standards performed within six months of closing will be a new pre-closing requirement for reimbursement from DOF. The agreement also provides that DOF is entitled to a pro rata share of any insurance proceeds received by the County as the result of the loss or extinguishment of a conservation easement. The County is required to expend local funds, uphold public outreach and monitoring requirements, and meet documentation standards to receive reimbursement. County Attorney review has been completed, and the accompanying resolution authorizes the County Administrator to execute the agreement. BUDGET IMPACT: The Intergovernmental Agreement provides a 1:1 match to existing local funds set aside for easement acquisition. Funds are reimbursed to the County following eligible closings. STAFF CONTACTS: Lemuel Hancock, Director of Community Development ATTACHMENTIS): Intergovernmental Agreement (DOF) Resolution Authorizing Execution Shenandoah County Conservation Easement Ordinance REVIEWED BY: DATE: Ony.Dar 06l06/2025 INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Forestry and Shenandoah County This NTERGOVERNMENTAL AGREEMENT (this Agreement"): is entered into this day of 2025, between the Virginia Department of Forestry ("DOF") and Shenandoah County (the "Locality") (collectively, "the Parties") to provide mutually advantageous terms for cooperation between DOF and Locality to implement DOF's contribution of funds in support of] Locality's purchase of agricultural conservation easements. WHEREAS, the General Assembly, by Chapter 2 of the 2024 Special Session 1 Acts of Assembly, appropriated $437,500 in the fiscal year ending June 30, 2025, to the Virginia Farmland and Forestland Preservation Fund; WHEREAS, the General Assembly, by Chapter 146 ofthe 2024 Virginia Acts of Assembly, transferred the duties oft the Office of Working Lands Preservation (the "Office") from the Virginia Department of Agriculture and Consumer Services ("VDACS") to DOF, and established the Virginia Farmland and Forestland Preservation Fund (the "Fund") within the State Treasury; WHEREAS, Code of Virginia, 1950, as amended (the "Virginia Code") $ 10.1-1119.3 authorizes the Office to develop methods and sources of revenue for allocating funds to localities to purchase agricultural and forestal conservation easements, and to distribute these funds to localities under policies, procedures, and guidelines developed by the Office; WHEREAS, pursuant to Virginia Code $ 10.1-1119.3, the State Forester may request that the Comptroller authorize expenditures and disbursements from the Fund; WHEREAS, for all purposes ofthis Agreement, the term "agricultural and forestal conservation easement" shall mean a negative easement in gross that has the primary conservation purpose of preserving working farm or forest land; WHEREAS, Locality has enacted an ordinance or passed a resolution that: authorizes, in accordance with Title 10.1, Chapter 17 of the Virginia Code ("the Open-Space Land Act") and other applicable law, Locality to purchase agricultural or forestal conservation easements from landowners (each hereinafter called "Grantor"); sets forth a clear, consistent, and equitable administrative process governing such purchases; and outlines the goals and purposes ofLocality's farmland preservation program; WHEREAS, Locality has agreed to maintain a public outreach program designed to educate various stakeholders in Locality, including farmers, landowners, public officials, and the non-farming public, about Locality's initiatives to preserve working farms and forest lands; WHEREAS, Locality has agreed to establish a transparent and replicable process for valuation of agricultural and forestal conservation easements; WHEREAS, the purchase of agricultural and forestal conservation easements is one component of Locality's broader farmland preservation program; WHEREAS, Locality has agreed to use a deed of easement that is sufficiently flexible to allow for future agricultural or forestal production in purchases of agricultural and forestal conservation easements for which Locality uses funds contributed to it by DOF; WHEREAS, Locality has agreed that any agricultural and forestal conservation easement purchased as per the terms of this Agreement shall meet the definition of"real estate devoted to agricultural use, 99 "real estate devoted to horticultural use, 99 or "real estate devoted to forest use" as established in Virginia Code $ 58.1-3230; WHEREAS, Locality has agreed to establish a clear strategy for monitoring and enforcing the terms of the agricultural and forestal conservation easements that Locality purchases; WHEREAS, Locality has agreed to establish a process that Locality will use to evaluate the effectiveness ofits farmland and forestal preservation program, including a protocol for making changes to Locality's agricultural and forestal conservation efforts based on such evaluations; WHEREAS, DOF, in reliance on the veracity of the foregoing recitals, certifies Locality is eligible to receive contributions of funds from the Fund in reimbursement for certain costs Locality actually incurs in the course of purchasing agricultural and forestal conservation easements; and, WHEREAS, Locality, and the agents and employees of] Locality, in the performance ofthis Agreement, are acting on behalf ofLocality, as evidenced by an ordinance passed by the governing body oft the Locality approving this Agreement and authorizing the signatory to act on behalf of Locality, attached hereto as Exhibit A, and not as officers or employees or agents ofthe Commonwealth of Virginia; NOW, THEREFORE, DOF and Locality agree their respective responsibilities, pursuant to this Agreement, shall be defined as follows: I. DOF Responsibilities a. DOF shall, within thirty (30) days ofthe date of execution oft this Agreement, restrict $ $69,357.15 (hereinafter "the Allocation Amount") in an account, from which DOF shall withdraw funds only to pay contributions of funds that Locality is eligible to receive pursuant to this Agreement, except that upon the expiration of two (2) years from the date of this Agreement, or immediately upon Locality's failure to perform any ofits obligations under the terms ofthis Agreement, DOF shall have the right to withdraw any funds then remaining in such account and the right to redirect those funds to other localities that DOF certifies as being eligible to receive matching funds and that enter into an intergovernmental agreement with DOF to govern the distribution of matching funds for the purchase of agricultural and forestal conservation easements. The Allocation Amount from this and any prior Agreement shall not be considered to be a grant as that term is used in paragraph 1(b) of this Agreement. b. Upon Locality or any agent acting on behalf of Locality's recordation of a deed evidencing Locality's purchase of an agricultural or forestal conservation easement in the circuit court of Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 2 of 10 the city or county where the Grantor's land is located and Locality's submission to DOF of a completed claim for reimbursement, on a form prescribed by DOF, together with the supporting documentation required under paragraph 2(e) oft this Agreement, DOF shall reimburse Locality fifty percent (50%) oft the reimbursable costs that Locality actually incurred in the course of purchasing that agricultural or forestal conservation easement, limited to that portion of the allocation amount remaining in the account maintained by DOF pursuant to paragraph 1(a) ofthis Agreement. The following shall not be considered to be reimbursable costs that Locality actually incurred and shall be subtracted from the total amount of reimbursable costs considered for reimbursement by DOF in connection with any particular agricultural conservation easement transaction: grants made by the United States of America, the VDACS, the Virginia Department of Conservation and Recreation (DCR), the Virginia Outdoors Foundation (VOF), or any other governmental agency or political subdivision of the Commonwealth ofVirginia; payments made by any other funding sources either directly to the landowner or to reimburse Locality; or in-kind donations or contributions. DOF may: make alternative arrangements for the distribution of funds pursuant to this Agreement, provided Locality presents a written request for such alternative arrangement to the Head Forester of DOF or the Head Forester's designated agent (referred collectively hereinafter as "the Grant Manager") prior to incurring any expense for which Locality seeks a distribution of funds under the proposed alternative arrangement. For purposes of this Agreement, "reimbursable costs" include: 1. The purchase price ofthe agricultural or forestal conservation easement actually incurred by Locality, at present value, including any portion that Locality will pay over time pursuant to an installment purchase agreement; 2. The cost oftitle insurance actually incurred by Locality; 3. The cost actually incurred by Locality of any appraisal ofthe land by a licensed real estate appraiser upon which Locality purchases an agricultural or forestal conservation easement; 4. The cost actually incurred by Locality of any survey of the physical boundaries ofthe land by a licensed land surveyor upon which Locality purchases an agricultural or forestal conservation easement, including the cost of producing a baseline report of the conditions existing on the land at the time of the conveyance oft the agricultural or forestal conservation easement; 5. Reasonable attorney fees actually incurred by Locality associated with the purchase of an agricultural or forestal conservation easement, where reasonable attorney fees include those fees associated with outside counsel required for the completion of the easement, but do not include fees related to Locality attorneys serving as staff and who are paid regular salary in the Locality's employ; 6. The cost actually incurred by Locality of issuing public hearing notices associated with Locality's purchase of an agricultural or forestal conservation easement that Locality is required by law to issue; and Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 3 of 10 7. Any recordation fees actually incurred by Locality that Locality is required to pay pursuant to the laws oft the Commonwealth ofVirginia. C. DOF shall only be responsible for reimbursing Locality under paragraph 1(b) of this Agreement for reimbursable costs that Locality actually incurs in the course of purchasing an agricultural or forestal conservation easement when Locality or any agent acting on behalf of Locality acquires, by such purchase, a deed of easement that, at a minimum, provides: 1. The primary conservation purpose of the easement conveyed by the deed of easement is the conservation ofthe land in perpetuity for working farm or forestal uses. 2. The Grantor and Locality agree that the land subject to the agricultural or forestal conservation easement shall not be converted or diverted, as the Open-Space Land Act employs those terms, until and unless the Grant Manager, with the concurrence of Locality or an assignee of Locality's interest in the agricultural or forestal conservation easement, certifies that such conversion or diversion satisfies the requirements of the Open-Space Land. Act. 3. The Grantor and Locality agree that, in the event of an extinguishment of or other loss by Locality oft the right or ability to enforce the restrictions of the agricultural or forestal conservation easement that results in the receipt of monetary proceeds by Locality or an assignee ofLocality's interest in an agricultural or forestal conservation easement in compensation for the loss of such property: interest, including but not limited to any recovery from the insurer providing title insurance pursuant to paragraph 2(d) of this Agreement, DOF shall be entitled to a share ofthose proceeds proportional to DOF's contribution toward the total reimbursable cost of acquiring the agricultural or forestal conservation easement as evidenced by the completed claim for reimbursement required under paragraph 1(b) oft this Agreement. 4. IfGrantor conveys the agricultural or forestal conservation easement for less than its fair market value, Grantor and Locality mutually acknowledge that approval of the terms of the deed of easement by DOF or its legal counsel does not constitute a warranty or other representation as to Grantor's qualification for any exemption, deduction, or credit against Grantor' s liability for the payment of any taxes under any provision of federal or state law. 5. All mortgagors and other holders of liens on the property subject to the restrictions contained in the deed of easement have subordinated or: recorded a release oft their respective liens to the restrictions of the deed of easement acquired by Locality. All such mortgagors and other holders of liens shall manifest their assent to the easement's priority over their respective liens by endorsing the deed of easement, or by providing a recordable Certificate of Partial Satisfaction as to the deed of easement acquired by the locality. Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 4 of 10 6. A1 baseline report documenting the conditions existing on the land at the time of the conveyance of the agricultural or forestal conservation easement is incorporated into the deed of easement by reference. II. Locality Responsibilities a. Locality shall, within thirty (30) days oft the date of execution of this Agreement, have available local funds greater than or equal to the allocation amount for the purpose of purchasing agricultural and forestal conservation easements. b. Locality shall use matching funds that DOF contributes to Locality, pursuant to this Agreement, only for the purpose of purchasing agricultural or forestal conservation easements that are perpetual and that have the primary conservation purpose of preserving working farm or forest lands. C. Within one (1) year from the date ofthis Agreement, and for each subsequent year in which this Agreement or a subsequent agreement is in force, Locality shall submit to DOF a progress report that: 1. describes any properties that Locality has identified as prospects for Locality's purchase of agricultural or forestal conservation easements and the status of any negotiations for the purchase of such agricultural or forestal conservation easements; 2. estimates the timeframes within which Locality will execute contracts for any such purchases, close on such purchases, and request reimbursement of reimbursable costs for those purchases from DOF; 3. describes the measures Locality has undertaken to develop and maintain a public outreach program designed to educate various stakeholders in Locality's community - including farmers, landowners, public officials, and the non-farming public - about Locality'sa agricultural and forestal conservation easement program and other initiatives to preserve working agricultural and forestal land; 4. describes the measures Locality has undertaken to develop and maintain a formal plan for stewardship and monitoring of the working agricultural and forestal land on which Locality acquires agricultural and forestal conservation easements; and 5. describes the measures Locality has undertaken to develop and maintain a process that Locality will use to evaluate the effectiveness of its program, including a protocol for making changes to Locality's agricultural and forestal conservation efforts based on such evaluations. d. For any purchase of agricultural or forestal conservation easements for which Locality requests reimbursement from DOF pursuant to this Agreement, Locality shall obtain a policy of title insurance on its purchased interest that covers at least an amount equal to the amount for which Locality requests reimbursement from DOF. Intergovernmental Agreement Between Virginia Department of] Forestry and Shenandoah County Page 5 of 10 e. Prior to closing on aj purchase of an agricultural or forestal conservation easement for which Locality requests reimbursement from DOF pursuant to this Agreement, Locality shall submit, for review and approval by DOF and its legal counsel, the following documentation: 1. a written agreement setting forth, in the manner prescribed by Locality's ordinance or resolution governing its program to acquire agricultural and forestal conservation easements, the terms of Locality's purchase of the agricultural or forestal conservation easement, including the purchase price; 2. a written confirmation from the Locality Commissioner of Revenue or. Director of Finance, or the Locality Commissioner of Revenue's or Director of Finance's designated agent that the property to be encumbered by the agricultural or forestal conservation easement meets the definition of"real estate devoted to agricultural use," 99 "real estate devoted to horticultural use, 99 or "real estate devoted to forest use" as established in Virginia Code $ 58.1-3230; 3. a written description of the agricultural, environmental and social characteristics ofthe property to be encumbered by the agricultural or forestal conservation easement; 4. any installment purchase agreement; 5. An appraisal report that meets USPAP Standards, or UASFLA Standards, performed within six months of closing; 6. the deed of easement that Grantor will deliver to Locality at closing, including all exhibits, attachments, and addenda; 7. a title insurance commitment for a policy to insure the easement interest under contract indicating an amount of coverage at least equal to the amount of funds for which Locality requests reimbursement from DOF; and 8. an itemized list of all reimbursable costs that Locality has or will, up to the time of closing, incur in the course of purchasing the agricultural or forestall conservation easement. Locality shall make whatever changes to the proposed deed of easement and the installment purchase agreement, where applicable, that DOF or its legal counsel deem necessary to ensure compliance with applicable state law and the requirements and purposes of this Agreement. IfLocality closes on any purchases of easement prior to the review and acceptance of DOF or its legal counsel, DOF may withhold part or all oft the Allotment Amount until DOF approves of the deed of easement. Locality may fulfill its obligation under this paragraph by submitting accurate and complete copies of all documents enumerated in this paragraph, provided that Locality shall deliver or make available the original documents to DOF for review at DOF's request. Intergovermental Agreement Between Virginia Department of Forestry and Shenandoah County Page 6 of 10 f. Together with any claim for reimbursement pursuant to this Agreement that Locality submits to DOF, Locality shall also submit the following supporting documentation: 1. a copy of the recorded deed of easement that DOF or: its legal counsel approved prior to closing, showing the locality, recordation information, and including all exhibits, attachments, and addenda; 2. copies ofinvoices, bills of sale, and cancelled checks evidencing Locality's incursion of reimbursable costs in the course of purchasing the agricultural or forestal conservation easement; 3. a copy of any executed installment purchase agreement related to the purchase, which shall indicate the purchase price; and 4. a copy of any deed oft trust related to the purchase. g. Locality shall provide the Grant Manager immediate written notice ofLocality's receipt of any application or proposal for the conversion or diversion ofthe use of any land upon which Locality or its assignee, where applicable, holds an agricultural or forestal conservation easement, for the purchase of which DOF contributed funds pursuant to this Agreement. h. Locality, or any assignee of] Locality's interest in an agricultural or forestal conservation easement for which Locality receives a contribution from DOF pursuant to this. Agreement shall at all times enforce the terms oft that easement. Locality shall provide the Grant Manager immediate written notice of any actions, whether at law, in equity, or otherwise, taken by Locality to enforce the terms ofthe easement or to abate, prevent, or enjoin any violation thereof! by any Party. Any failure by Locality or such assignee to perform its enforcement responsibility shall constitute a breach ofthis Agreement, for which DOF shall have a remedy by way ofa civil action for specific performance of that enforcement responsibility; or, DOF shall have the right and authority, at its option, to demand and receive from Locality a portion ofthe full market value ofthe agricultural or forestal conservation easement at the time of the breach in proportion to DOF's contribution toward the total reimbursable cost of acquiring the agricultural or forestal conservation easement as evidenced by the completed claim for reimbursement required under paragraph 1(b) of this. Agreement. i. For any purchase of an agricultural or forestal conservation easement for which Locality requests reimbursement from DOF pursuant to this Agreement, Locality shall derive its valuation of the agricultural or forestal conservation easement according to the valuation methods prescribed by ordinance or resolution. III. Miscellaneous Terms a. Prior Agreements: The Parties agree that terms of any Intergovernmental Agreement previously entered into between the Locality and DOF, or predecessor to DOF (including, but not limited to, VDACS), to govern distribution of funds to Locality in support of] Locality's purchase of agricultural or forestal conservation easements shall be merged into the instant Agreement, the latter ofwhich shall supersede all former Intergovermmental Agreements to Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 7 of 10 the extent that there are any. inconsistencies between the terms ofthis Agreement and any prior Intergovernmental Agreements. Notwithstanding the language of this paragraph, DOF shall be required to restrict the allocation amount(s) provided in paragraph 1(a) of any prior agreement(s) in addition to the current allocation amount, but shall only be required to restrict any prior allocation amount(s) until the expiration of two (2) years from the date of execution ofthe prior agreement(s), with the exception that funds allocated to an easement receiving funding from the Natural Resources Conservation Service, Agricultural Conservation Easement Program (NRCS, ACEP) shall have three (3)years prior to the expiration of allocation amount(s). The extension will only apply to projects with an active grant award from the NRCS, ACEP program. b. Recertification: This Agreement pertains exclusively to DOF's contribution of funds that the General Assembly has appropriated to DOF through the fiscal year ending June 30, 2025. DOF shall not contribute other funds in the future to Locality except upon DOF's recertification ofl Locality's eligibility to receive such funds. DOF may establish and communicate to Locality certain benchmarks of program development that DOF will impose upon Locality as preconditions to Locality's recertification for future contributions. C. Governing Law: This Agreement is governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia. In all actions undertaken pursuant to this Agreement, preferred venue shall be in the City of Richmond, Virginia, at the option of DOF. d. Assignment: Locality shall not assign this Agreement, either in whole or in part, or any interest in an agricultural or forestal conservation easement for the purchase ofwhich DOF contributes funds pursuant to this Agreement, without the prior, written approval of the Grant Manager. e. Modifications: The Parties shall not amend this Agreement, except by their mutual, written consent. f. Severability: In the event that any provision oft this Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. In witness, whereof, the Parties hereto have executed this Agreement as oft the day and year first written above. [The rest of this page is intentionally left blank. Signatures manifesting the Parties' mutual assent to the terms contained in this Agreement appear on the next page.] Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 8 of 10 VIRGINIA DEPARTMENT OF FORESTRY By: Robert Farrell, State Forester Date Shenandoah County By: Shenandoah County Administrator Date APPROVED AS TO FORM ONLY: Assistant Attorney General Date APPROVED AS TO FORM ONLY: Shenandoah County Attorney Date Intergovernmental Agreement Between Virginia Department of Forestry and Shenandoah County Page 9 of 10 Exhibit A [Ordinance of] Locality Approving this. Agreement and Authorizing the Signatory] Intergovermental Agreement Between Virginia Department of Forestry and Shenandoah County Page 10 of 10 A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE VIRGINIA DEPARTMENT OF FORESTRY REGARDING STATE MATCHING FUNDS IN' THE AMOUNT OF $69,357.15 FOR THE PURCHASE OF DEVELOPMENT RIGHTS UNDER THE CONSERVATION EASEMENT PROGRAM WHEREAS, Shenandoah County, Virginia (the "County"), previously established a Conservation Easement Program for the purchase of development rights from willing sellers; and WHEREAS, the Conservation Easement Program has been successfully used to purchase conversation easements over certain property in the County; and WHEREAS, the County applied for state matching funds to assist in the purchase of additional development rights and has been awarded $69,357.15 by the Virginia Department of Forestry for these purposes; and WHEREAS, as a condition of receiving matching funds, the County is required to enter into an Intergovernmental Agreement delineating the responsibilities ofthe parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SHENANDOAH, VIRGINIA: 1. The County Administrator is hereby authorized to execute the attached Intergovernmental Agreement with the Virginia Department of] Forestry regarding state matching funds for the purchase of development rights under the Conservation Easement Program 2. This Resolution will take effect immediately upon its adoption. Adopted: June 10, 2025 1 CERTIFICATE The undersigned Chairman and Clerk of the Board of Supervisors of Shenandoah County, Virginia, hereby certify that the foregoing constitutes a true and correct copy of a Resolution Authorizing the County Administrator to Execute An Intergovernmental Agreement With The Virginia Department of Forestry Regarding State Matching Funds In The Amount Of$69,357.15 For The Purchase Ofl Development Rights Under The Conservation Easement Program adopted by the Board of Supervisors at a meeting held on June 10, 2025. A record of the roll-call vote by the Board is as follows: Name Aye Nay Abstain Absent Josh Stephens, Chairman Dennis Morris, Vice Chairman Steven Baker David Ferguson Karl Roulston Timothy Taylor Date: June 10, 2025 ATTEST: Evan. L. Vass Josh Stephens Clerk ofthe Board Chairman, Board ofSupervisors 2 Shenandoah County, VA Chapter 82 CONSERVATION EASEMENT PROGRAM $8 82-1. Purpose and intent. $ 82-6. Eligibility criteria. $ 82-2. Statutory authority; S 82-7. Ranking criteria. applicability. S 82-8. Easement terms and conditions. $ 82-3. Definitions. S 82-9. Application and evaluation $8 82-4. Designation of program procedure. administrator; powers and S 82-10. Acceptance of easements. duties. S 82-11. Purchase of conservation $8 82-5. Establishment of Conservation easement. Easement Authority; powers $ 82-12. Program funding. and duties. HISTORY: Adopted by the Board of Supervisors of Shenandoah County 5-14-2013 by Ord. No. 2013-05. Amendments noted where applicable.] GENERAL REFERENCES Subdivision of] Land See Ch. 142. Zoning See Ch. 165. S 82-1. Purpose and intent. The purpose and intent of this chapter is to further the goals of the County's Comprehensive Plan and provide a means to assist County landowners in protecting and preserving farm and forest land, open space, scenic vistas, historic sites, water resources and environmentally sensitive lands, and the County's rural character. This chapter establishes a program which will enable the County to acquire voluntary conservation easements, either through donation or, should funding be made available, through purchase, as one means of assuring these valuable County resources are protected. S 82-2. Statutory authority; applicability. The Shenandoah County Conservation Easement Program is established under the provisions of the Virginia Conservation Easement Act, Chapter 10.1, Title 10.1 (S 10.1-1009 et seq.), Code of Virginia; the Open Space Land Act, Chapter 17, Title 10.1 (S 10.1-1700 et seq.), Code of Virginia; and the Public Recreational Facilities Authorities Act, Chapter 56, Title 15.2 (S 15.2-5600 et seq.), Code of Virginia; and shall be available for all land in the County. The owner shall voluntarily offer any conservation easement acquired pursuant to this chapter. $ 82-3. Definitions. The following definitions shall apply in the interpretation and implementation ofthis chapter: 1. Editor's Note: This ordinance superseded former Ch. 82, Conservation Easement. Program, adopted 11-14-2007 by Ord.N No. 2007-18. Downloaded from pwlsaecomsises on 2025-06-06 Shenandoah County, VA $ 82-3 SHENANDOAH COUNTY CODE 8 82-4 AUTHORITY The Shenandoah County Conservation Easement Authority. CONSERVATION EASEMENT A nonpossessory interest in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest, imposing limitations of affirmative obligations, the purposes of which include retaining or protecting natural or open-space values ofreal property, assuring its availability for agricultural, forestal, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property. DEVELOPMENT RIGHT The number of residential building lots that may be created from the parent tract in a given zoning district per the Shenandoah County Zoning and Subdivision Ordinances. HOLDER A charitable corporation, charitable association, or charitable trust which has been declared exempt from taxation pursuant to 26 U.S.C. $ 501(c)(3) and the primary purposes or powers of which include: A. Retaining or protecting the natural or open-space values of real property; B. Assuring the availability of real property for agricultural, forestal, recreational, or open-space use; C. Protecting natural resources; D. Maintaining or enhancing air or water quality; or E. Preserving the historic, architectural or archaeological aspects of real property. OWNER The owner or owners of the freehold interest oft the parcel. PARCEL A lot or tract of land, lawfully recorded in the Clerk's office of the Circuit Court of Shenandoah County. Because a conservation easement may contain one or more parcels, for the purposes of this chapter the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement. PROGRAM ADMINISTRATOR The Director of Community development. PUBLIC BODY Any entity as defined in Virginia Code $ 10.1-1700. THIRD-PARTY RIGHT OF ENFORCEMENT A right provided in a conservation easement to enforce any ofits terms granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder. S 82-4. Designation of program administrator; powers and duties. A. Designation. The Director of Community Development is hereby designated as the program administrator. B. Powers and duties. The program administrator, or his designee, shall have the following powers and duties with respect to the program: (1) Establish reasonable and standard procedures and forms consistent with this chapter for the administration and implementation of the program. (2) Evaluate all applications to determine their eligibility and their ranking based on their score, and make recommendations thereon to the. Authority. (3) Determine the number of usable development rights existing on each subject parcel subject to Downloaded from p/ealecomsHIS8 on 2025-06-06 Shenandoah County, VA $ 82-4 CONSERVATION EASEMENT PROGRAM $82-7 an application. (4) Where funding is available for purchase, coordinate the preparation of appraisals. (5) Provide staff support to the Authority. (6) Assure that the terms and conditions of all easements are monitored and complied with by coordinating with each easement holder. $8 82-5. Establishment of Conservation Easement Authority; powers and duties. A. Establishment. The Shenandoah County Conservation Easement Authority is created under the Public Recreational Facilities Authorities Act, Chapter 56 of Title 15.2 (S 15.2-5600, et seq.), Code of Virginia. The Authority shall consist of seven members, appointed by the. Board of Supervisors, to be comprised of one member of the Board of Supervisors, one member of the Planning Commission, and five citizen members. Members shall serve four-year terms, except that three members initially shall serve two-year terms. Members shall be eligible for reappointment. The Committee shall elect a Chairman and Vice Chairman at its first meeting each calendar year. B. Powers and duties. The Authority shall have the powers and duties to: (1) Acquire and co-hold easements pursuant to the provisions oft this chapter. (2) Apply for and pursue grants, other funding, and gifts from the Virginia Land Conservation Fund, state and federal agencies, and private persons and entities for the purchase of easements. (3) Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. (4) Review the ranking of applications recommended by the program administrator and make a determination as to whether an easement donation offer should be accepted and, subject to funding availability, which, ifa any, conservation easements should be purchased. (5) Annually review the program's eligibility and ranking criteria and recommend to the Board of Supervisors any changes needed to maintain the program's consistency with the Comprehensive Plan, or to improve the administration, implementation and effectiveness of the program. (6) Take action to enforce compliance with terms of easements being co-held by the Authority. (7) Exercise any powers authorized by the Public Recreation Facilities Authorities Act. S 82-6. Eligibility criteria. In order for aj parcel to be eligible for a conservation easement, it must meet the following criteria: A. The use of the parcel subject to the conservation easement must be consistent with the Comprehensive Plan. B. The proposed terms of the conservation easement must be consistent with the minimum conservation easement terms and conditions set forth in $ 82-8, Easement terms and conditions. C. The parcel shall obtain at least 15 points under the ranking criteria set forth under $ 82-7, Ranking criteria, unless the Authority finds that it is in the best interest of the County to waive this requirement. Downloaded from peleaee.omsHIS8 on 2025-06-06 Shenandoah County, VA $ 82-7 SHENANDOAH COUNTY CODE $82-7 S 82-7. Ranking criteria. [Amended 9-14-2021 by Ord. No. 2021-06] In order to effectuate the purposes of this chapter, parcels for which applications for purchase have been received shall be ranked according to the criteria and the point values assigned thereto as set forth herein. Points shall be rounded to the first decimal. A. Farm and forest land protection. (1) The parcel contains prime farmland as identified by the Shenandoah County Soil Survey: 1/2 point for each 10 acres containing such soils, for up to a total of five points. (2) The parcel contains prime forested land as identified by the Virginia Natural Heritage Data Explorer: 1/4 point for each 10 acres containing Levels 3 or 4 and 1/2 point for each 10 acres containing Level 5 forest conservation values, for up to a total of five points. (3) The parcel is currently located within an Agriculture and Forest District: four points. (4) The parcel has an approved nutrient management plan and/or employs agricultural best management practices as approved by the Lord Fairfax Soil and Water Conservation District or the Natural Resources Conservation Service: one point. (5) The parcel is a working family farm: five points if at least one family member's principal occupation and income (more than half) is farming or foresting the parcel; three points if at least one family member produces farm products derived from the parcel. (6) The parcel is part of a Virginia Department of Agricultural and Consumer Services approved century farm: two points. (7) The parcel is listed on the Virginia Natural Heritage Data Explorer as being part of Conserve Virginia in the agriculture and forestry category: one point. B. Natural resources protection. (1) The parcel fronts on the Shenandoah River or any perennial stream identified by the most recent USGS quad maps or other reliable sources: one point plus an additional one point for every 1,000 feet of linear stream frontage. (2) The parcel is within a watershed identified as impaired on the Virginia Department of Environmental Quality's Impaired Waters List: two points. (3) The parcel contains perennial springs or wetlands as identified on the most recent USGS quad maps or other reliable sources: two points. (4) The parcel is within a sensitive groundwater recharging area as demonstrated by the presence of sinkholes or karst topography: one point. (5) The parcel is located within the 100-year floodplain: 1/2 point for every 10 acres in the floodplain up to a total of five points. (6) The parcel contains critical slopes of 25% or greater: one point. (7) The parcel contains an endangered or rare species: one point for every endangered or rare species. (8) The parcel contains an ecological core as identified by the Virginia Natural Heritage Data Downloaded from haps/eascomSHISs on 2025-06-06 Shenandoah County, VA $8 82-7 CONSERVATION EASEMENT PROGRAM $8 82-7 Explorer: 1/4 point for each 10 acres containing Levels C5, C4, or C3 and 1/2 point for each 10 acres containing Level C2 or C1 ecologiçal çore conservation values, for up to a total of five points. (9) The parcel is part of a natural land network as identified by the Virginia Natural Heritage Data Explorer: one point. (10) The parcel is listed on the Virginia Natural Heritage Data Explorer as being part of Conserve Virginia in the natural habitat and ecosystem diversity category, the floodplains and flooding resilience category, and/or the water quality improvement category: one point for each category. C. Cultural, historical, recreational, and scenic resources. (1) The parcel is located within the Fisher's Hill and Toms Brook Battlefields Preservation Plan: four points for being located in the Core area; two points for being located in the Study area. (2) The parcel shares a boundary with property owned or protected by the Shenandoah Valley Battlefields Association or other recognized preservation organization: one point plus one additional point for every 1,000 feet of shared boundary. (3) The parcel is listed on the State or National Register of] Historic Places: two points. (4) The parcel contains or adjoins a parcel containing an historic structure identified by the Shenandoah County Survey or otherwise documented as being over 100 years old: two points. (5) The parcel adjoins a state-maintained road: one point for each 500 feet of road frontage along a designated Virginia scenic highway or byway; one point for each 1,000 feet of road frontage on ai nondesignated public road. (6) The parcel provides public access to a part or the entire property: one point plus one additional point for every 10 acres of land accessible to the public. (7) The parcel provides public trails through or along the property: one point plus one additional point for every 1,000 feet of trail if located along a perennial stream or connects to an existing public trail network. (8) The parcel is listed on the Virginia Natural Heritage Data Explorer as being part of Conserve Virginia in the cultural and historic preservation category, the scenic preservation category, and/ or the protected landscapes resilience category: one point for each category. D. Open space protection. (1) The parcel adjoins the National Forest, or any national, state, or local park: one point plus one additional point for every 1,000 feet of shared boundary. (2) The parcel adjoins an existing permanent conservation easement: one point plus one additional point for every 500 feet of shared boundary. (3) Acreage: one point for every 50 acres the easement will encompass. E. Threat to development. (1) The parcel contains usable development rights: 1/2 point per usable development right. (2) The parcel is not zoned agriculture or conservation: two points. Downloaded from pe/ealse.omsH1SAs on 2025-06-06 Shenandoah County, VA $ 82-7 SHENANDOAH COUNTY CODE $8 82-9 F. The parcel contains development vulnerable land as identified by the Virginia Natural Heritage Data Explorer: 1/4 point for each 10 acres containing Classes I, II, or III and 1/2 point for each 10 acres containing Classes IV or V development vulnerable land, for up to a total of five points. Fund leveraging: Nonlocal government funding has been identified to leverage the purchase of the conservation easement: one point for each 10% of the total purchase price for which those funds can be applied. Donation of all or a portion of the easement by the owner shall be considered fund leveraging and points shall be awarded at the same rate. $ 82-8. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open Space Land Act and of this chapter. The deed of easement shall be in a form approved by the County Attorney and shall contain, at a minimum, the following provisions: A. Restrictions. In addition to the foregoing, the parcel shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and may include, but not necessarily be limited to, restrictions pertaining to: (1) The accumulation of trash, junk, and inoperable vehicles; (2) The display ofbillboards, signs and advertisements; (3) The management of forest resources; (4) Grading, blasting or earth removal; (5) The number of new dwellings and the number and size of outbuildings and farm buildings or structures; (6) The conduct ofi industrial or commercial activities on the parcel; and (7) Monitoring of the easement B. Designation of easement holders. The Authority shall be a holder and the Shenandoah County Board of Supervisors shall have third-party right of enforcement of all easements acquired under this program. The Authority shall seek one or more public bodies or other holder(s) to be additional CO- holders in the deed of easement or added by the Board of Supervisors and the Authority later, unless the. Authority finds additional co-holders to be not feasible or not advisable. S 82-9. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement and information about the program. B. Application form. (1) Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (a) Provide the name and address of all owners of the parcel; Downloaded from hapsleodeaomSHISs on 2025-06-06 Shenandoah County, VA $ 82-9 CONSERVATION EASEMENT PROGRAM $82-11 (b) The acreage of the parcel; (c) The Tax Map and parcel number; (d) The zoning designation ofthe parcel; (e) Permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the County's Assessor or an independent appraiser to appraise the property; (f) Identification of all lien holders on the parcel, including, without limitation, holders of deed of trust liens and judgment liens; and (g) Identify whether it is his desire to donate or sell an easement. (2) The application form shall also include a space for an owner to indicate whether he volunteers to have his parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to state those voluntary, additional restrictions. C. Submittal of application. Applications shall be submitted to the office of the program administrator. An application may be submitted at any time. However, applications involving an easement purchase reçeived after June 1 shall be evaluated in the following fiscal year. D. Evaluation by program administrator. The program administrator shall evaluate each complete application received and determine whether the parcel satisfies the eligibility criteria set forth in $ 82-6 and shall make recommendations thereon to the Authority. E. Evaluation by Authority. The Authority shall hold a public meeting to review the list of parcels submitted by the program administrator and identify on which parcels, if any, it desires conservation easements. F. Application. An owner of a parcel not selected by the Authority for purchase or acceptance of a conservation easement may reapply in any future year. $8 82-10. Acceptance of easements. Upon approval of an easement by the Authority pursuant to the terms of this chapter, the proposed easement shall be forwarded to the Board of Supervisors for its approval. No easement shall be accepted unless approved by both the Authority and the Board of Supervisors. Upon approval by the Authority and the Board of Supervisors, and by any additional co-holder if applicable, the deed of easement shall be executed by all parties and recorded in the Shenandoah County Clerk's office. Nothing in this chapter shall obligate the. Authority to purchase or accept a conservation easement on any property. $ 82-11. Purchase of conservation easement. Should the Authority desire to purchase an easement, the following procedures shall apply: A. Identification ofinitial pool. For applications received under $ 82-9, in which the owner has indicated a desire to sell an easement, the program administrator shall determine the number of points to be attributed to each parcel by applying the criteria set forth in $ 82-7. The program administrator shall rank each parcel scoring at least 15 points with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator shall submit the list of ranked parcels to the Authority. The Authority shall designate the initial pool of parcels identified for conservation Downloaded: from P/CcpNcOcomSiISs on 2025-06-06 Shenandoah County, VA $ 82-11 SHENANDOAH COUNTY CODE $8 82-12 easements to be purchased. The purchase price may be supplemented by non-County funding as discussed in S 82-7F above. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year. B. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine whether the proposed easement is eligible for purchase and the purchase price of such easement. C. Appraisal of conservation easement value. Each conservation easement identified by the. Authority to be purchased shall be appraised either by the County's Assessor or by an independent qualified appraiser chosen by the Authority. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the Authority, which shall review each appraisal. D. Invitation of offer to sell. The Authority shall invite the owner of each parcel included in the initial pool of conservation easements to submit an offer to sell to the Authority a conservation easement on that parcel, subject to the terms and conditions of aj proposed deed of easement. The invitation to sell shall be in writing and shall include the desired purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order to be considered. The invitation may contain an offer form to be returned if the owner desires to sell a conservation easement. E. Offer to sell. Each owner who desires to sell a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement that substantially states the following: "(The owner) offers to sell a conservation easement to the Authority for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer.' I Nothing in this chapter shall compel an owner to submit an offer to sell. F. Acceptance. Nothing in this chapter requires the Authority to accept an offer to sell a conservation easement. G. Offers not made; offers not accepted; invitation to other owners. If an owner invited to submit an offer elects not to do SO, or if his offer to sell is not accepted by Authority, then the Authority may send an invitation to offer to sell to other owners on the list. H. Costs. If the Authority accepts an offer to sell a conservation easement, the Authority may pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing; provided, however, the Authority shall not pay fees incurred for independent appraisals or legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the Authority. I. Application. An owner for whose parcel a conservation easement is not purchased may reapply in any future year. J. Special consideration. The Authority shall give special consideration and take immediate action to review applications in the special case where private funding is available to cover 100% oft the cost ofthe purchase, or the owner is willing to donate the conservation easement at no cost to the County, provided that such parcel meets the eligibility requirements of this chapter. Downloaded: from hpalease.comsHIS8 on 2025-06-06 Shenandoah County, VA $ 82-12 CONSERVATION EASEMENT PROGRAM $8 82-12 $ 82-12. Program funding. The program created herein may, but is not required to, be funded annually by the Board of Supervisors in the County budget or by special appropriation. The Authority shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of this chapter. Nothing in this chapter shall require the Board of Supervisors to fund this program. Downloaded from pelsoecomsitss on 2025-06-06 - County of Shenandoah Board ofSupervisors Agenda Item Summary AGENDA DATE: June 10, 2025 CONSENT: REGULAR: X CLOSED SESSION: ACTION: X INFORMATION: ITEM TITLE: Consideration of the adoption of an Official Intent Resolution regarding the issuance of debt in an amount not to exceed $4,750,000. RECOMMENDATION: This agenda item is being presented to the Board of Supervisors for action. BACKGROUND: As part oft the Fiscal Year 2026 Adopted Budget, the Board of Supervisors approved debt financing of certain general operating capital expenditures for the County and School Division totaling $4,349,644. As a result, the County is proceeding with debt financing in an amount not to exceed $4,750,000, which includes estimated local costs ofi issuance and a contingency for a potential bond discount structure, through the Virginia Resources Authority (VRA) Summer 2025 Pooled Financing Program. In the interim, given that the tentative closing will not occur until early August 2025, this resolution will allow the County to be reimbursed from the proceeds oft the debt financing for any capital expenditures or other eligible expenditures incurred no more than sixty days prior to the date of this resolution. BUDGET IMPACT: Capital expenditures included in the FY 2026 Adopted Budget STAFF CONTACTS: Mandy R. Belyea, Deputy County Administrator Amy Dill, Director of Finance ATTACHMENTIS): Official Intent Resolution REVIEWED BY: DATE: 06106/2025 OmgR.Dae OFFICIAL INTENT RESOLUTION OF' THE COUNTY OF SHENANDOAH, VIRGINIA REGARDING THE ISSUANCE OF DEBT IN AN AMOUNT NOT TO EXCEED $4,750,000 WHEREAS, the County of Shenandoah, Virginia (the "County") desires to make improvements to the facilities and grounds ofthe County's landfill including the landfill collection system, the North Fork Wastewater Treatment Plant, the County Administration Building, the Shenandoah County Public Schools (the "School Division") the Circuit Court for a space needs analysis, as well as to purchase vehicles and equipment for the County, the School Division, and the Shenandoah County Sheriff S Department, and other projects as further described in Exhibit A (the "Capital Projects"); and WHEREAS, the County intends to issue public indebtedness in an amount not to exceed $4,750,000 to fund the Capital Projects, including, engineering, legal, costs ofissuance expenses, and other associated equipment, supplies, and services, as well as to provide a contingency for a potential discount structure (the "Project"); and WHEREAS, the County has advanced its own funds (collectively, the Expenditures") to pay for certain costs associated with the Project prior to incurring indebtedness; and WHEREAS, the County reasonably anticipates issuing debt financing (the "Bonds") and intends to reimburse the Expenditures from the proceeds oft the Bonds; and WHEREAS, the County intends to hold a public hearing on the proposed issuance of the Bonds on June 24, 2025, and has made an application to the Virginia Resources Authority (VRA) to provide financing for the Project through its Summer 2025 VRA Pooled Financing Program. NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF SUPERVISORS OF THE COUNTY OF SHENANDOAH, VIRGINIA: 1. The County intends to utilize the proceeds ofthe Bonds in an amount not currently expected to exceed the maximum principal amount of$4,750,000 to pay for the Project. 2. The County intends to use some of the proceeds of the Bonds to reimburse the County for Expenditures of the Project made no more than 60 days prior to the date of this Resolution, or as otherwise allowed by law. The County also intends to use the Bond proceeds to reimburse certain preliminary expenditures of the Project, including consulting fees, to the extent authorized by law. The County reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds ofthe Bonds. 3. Each. Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost ofi issuance with respect to the Bonds, (c) a non-recurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the County SO long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit oft the County. 1 4. The County intends to make a reimbursement allocation, which is a written allocation by the County that evidences the County's use of proceeds ofthe Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is either placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid, unless an exception is authorized by law. The County recognizes that exceptions are available for certain preliminary expenditures, costs of issuance, certain de minimis amounts, expenditures by small issuers (based on the year ofissuance and not the year of expenditure), and expenditures for construction of at least five years. 5. The County intends that the adoption of this Resolution confirms the County's "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This Resolution will take effect immediately upon its adoption. Adopted: June 10, 2025 CERTIFICATE The undersigned Chairman and Clerk of the Board of Supervisors of Shenandoah County, Virginia hereby certify that the foregoing constitutes a true and correct copy oft the Official Intent Resolution of the County of Shenandoah, Virginia Regarding the Issuance of Debt in an Amount Not to Exceed $4,750,000 adopted by the Board of Supervisors at a meeting held on June 10, 2025. A record oft the roll-call vote by the Board is as follows: Name Aye Nay Abstain Absent Josh Stephens, Chairman Dennis Morris, Vice Chairman Steven Baker David Ferguson Karl Roulston Timothy Taylor Date: June 10, 2025 ATTEST: Evan. L. Vass Dennis Morris Clerk ofthe Board Chairman, Board of Supervisors 2 EXHIBIT A GENERAL CAPITAL PROJECTS Install Wheelchair Lift - SJHS $ 30,000.00 Install Wheelchair Lift - CHS $ 30,000.00 Replace 90's wing gym roof top HVAC unit - SHES $ 173,000.00 HVAC piping chutbishmemurpacement Elementary Schools $ 210,000.00 Replace original wing roof - WWRES $ 530,000.00 Playground Upgrades Elementary Schools $ 225,000.00 Replace carpet with LVT - Elementary Schools $ 164,000.00 Sewer Line reconditioning and lining - Elementary Schools $ 300,000.00 Exterior building for mower/blower storage - CHS & SHS $ 20,000.00 Upgrade elevator - SJHS $ 200,000.00 School Bus Purchase $ 300,000.00 Replace high-mileage vehicles $ 100,000.00 Service Trucks for Transportation & Maintenance $ 70,000.00 Driver's Ed Car $ 33,000.00 Activity Bus Purchase $ 115,000.00 Six Sheriff's Department Vehicles (SUVs) $ 447,914.00 One Fire & Rescue Vehicle - ALS unit (SUV) $ 85,000.00 One Skid Loader/Skid Steer $ 68,000.00 Information Technology/Security Upgrades: ECC - 3-layer switch replacement $ 124,000.00 County Administration Building - Door access control system $ 400,000.00 County Administration Building - IT recabling and rewiring $ 240,000.00 Circuit Court Archiectura/Enginering (Space Needs Analysis) $ 50,000.00 North Fork Wastewater Treatment Plant Project sludge removal and facility upgrades $ 334,730.00 Solid Waste Management Projects: Chemical Washing project $ 65,000.00 One (1) Collection Site Compactor $ 35,000.00 Costs ofIssuance $ 150,000.00 Contingency for Potential Bond Discount Structure $ 250,356.00 Total: $4,750,000.00 3