3. APPROVAL OF APPROPRIATION INCREASE/DECREASE REQUESTS There were no appropriation requests to be considered at this time.

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1 A regular meeting of the Westmoreland County Board of Supervisors was held Monday, December 11, 2017, in the public meeting room of the George D. English, Sr. Memorial Building, located at 111 Polk Street, Montross, Virginia. Those members present were Darryl E. Fisher, W. W. Hynson, Dorothy Dickerson Tate, Russ Culver, and Larry Roberson. Also present were Norm Risavi, County Administrator, Karen Lewis, Assistant County Administrator, Richard Stuart, County Attorney, and LaToya Ball-Tate, Executive Assistant. CALL TO ORDER Chairman Fisher called the meeting to order at 6:10 p.m. 1. APPROVAL OF MINUTES Chairman Fisher stated that all members had received draft minutes of the regular meeting held on November 13, 2017, and asked if there were any additions or corrections to these minutes. Upon motion by Mr. Hynson, second by Mr. Roberson and carried unanimously, the Board approved the minutes as presented. 2. APPROVAL OF ACCOUNTS PAYABLE LIST AND PAYROLL REGISTER Upon motion by Mr. Roberson, second by Mr. Hynson and carried unanimously, the Board approved the accounts payable list and payroll register as submitted by the Finance Department for the month of November APPROVAL OF APPROPRIATION INCREASE/DECREASE REQUESTS There were no appropriation requests to be considered at this time. 4. TOWN OF COLONIAL BEACH/CORRESPONDENCE Bill Dellar, member of the Colonial Beach Town Council, was recognized and reported on the success of the Christmas Parade held on December 2 nd. The festivities also included a winter wonderland festival on Town Hill, followed by a lighted boat parade. Mr. Dellar reported that the Town is in the process of filling two vacancies: Town Manager and Chief Financial Officer. They are in the process of evaluating the applications received and hope to have selections made within the next sixty days. The Town Council is aware of the communications tower project that has been proposed by the County. They have not reviewed that proposal as a group, but will get to it very shortly. 12/11/2017 Page 1 of 29

2 5. TOWN OF MONTROSS/CORRESPONDENCE Ms. Tate advised the Board that Patricia Lewis, Town Manager, was unable to attend due to the passing of a close personal friend. She wished to convey to the Board that the Christmas Spirit Festival was a success and was well attended. 6. SUPERVISORS REPORTS Mr. Culver stated that he and several members of the Westmoreland County School Board, along with the County Administrator and Superintendent of Schools, recently traveled to James Madison University to view the flex theatre at that location. A similar flex space option has been proposed for the new high school. 7. DAVID ROSE, DAVENPORT & COMPANY PRESENTATION OF BID RESULTS ON FINANCING FOR RADIO COMMUNICATIONS SYSTEM David Rose of Davenport & Company was recognized and presented the following summary of the bid results o the fi a i g for the Cou t s radio o u i atio s s ste : (See next page) 12/11/2017 Page 2 of 29

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11 Mr. Rose advised the Board that the proposal submitted by Bank of America was the most competitive in terms of both interest rate and in terms and conditions. The proposed interest rates are locked in through January 15, 2018, which is the expected closing date. Mr. Risavi noted that part of this involves a portion for the Colonial Beach Police Department. He has drafted a letter to the Acting Town Manager asking for a formal commitment from the Town Council regardi g the To s parti ipatio i the proje t. The Cou t s o d ou sel is i the pro ess of preparing a document for the Town to sign to include them in this project. This information will also be forwarded to the Town. Mr. Risavi further advised the Board that the County has been contacted ertai ell pho e arriers ho ha e asked to lease spa e o the Cou t s to ers. Bond counsel is researching whether this would create a private use issue with regard to the financing for the new towers. The County is evaluating whether or not to fund the construction of the towers from its available funds so that the leases can be structured without any impairments due to the project financing. Councilman Bill Dellar was recognized and suggested the County Administrator ask the Acting Town Manager to place this matter on the agenda for the upcoming Town Council meeting on Thursday. Upon motion by Mr. Hynson, seconded by Mr. Roberson and carried unanimously with Ms. Tate, Mr. Ro erso, Mr. Cul er, Mr. H so a d Chair a Fisher oti g a e, the Board a epted the proposal submitted by Bank of America based on Option 3 to finance the radio communications system over a period of twelve years as described in the above presentation, and the Board adopted the following resolution: RESOLUTION APPROVING THE LEASE FINANCING OF PUBLIC SAFETY RADIO COMMUNICATION FACILITIES AND AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT, AND SEPARATE SCHEDULES TO IT, AND RELATED DOCUMENTS AND ACTIONS The Board of Supervisors of Westmoreland County, Virginia (the "Board of Supervisors") has determined it is in the best interest of Westmoreland County, Virginia (the "County") to undertake the acquisition, development, construction, installation and equipping of public safety radio communication facilities to serve the County and its residents (the "Project"). Banc of America Public Capital Corp, on behalf of Bank of America, National Association (the "Provider"), has indicated its willingness to provide financing for the Project and related costs in an amount not to exceed $6,000, /11/2017 Page 11 of 29

12 The financing of the Project will be accomplished in accordance with documents (the "Financing Documents") described below: (a) Master Equipment Lease/Purchase Agreement (the "Lease/Purchase Agreement"), whereby the Provider and the County agree to conditions and provisions related to the acquisition and leasing of tangible and intangible personal property by the Provider to the County, and the use and maintenance of the personal property by the County; (b) Schedule of Property No. 1, between the Provider and the County, which with the Lease/Purchase Agreement creates the lease relative to the Project (the "Lease"); (c) Escrow and Account Control Agreement among the Provider, the County and a financial institution, as escrow agent, whereby the proceeds provided by the Provider are deposited into an escrow fund and made available to the County for the Project; and (d) Non-Arbitrage Certificate and Tax Compliance Agreement (the "Tax Agreement"), whereby the County states its reasonable expectations as to the use and investment of the proceeds provided by the Provider for the Project and agrees to certain restrictions and covenants in order to have the interest components of the rental under the Financing Lease excluded from gross income for federal income taxation purposes. THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WESTMORELAND COUNTY, VIRGINIA: 1. Incorporation of Recitals. The recitals above are found and determined to be a part of this resolution. 2. Approval of Lease Financing Arrangement. The lease financing arrangement with Provider to accomplish the Project is approved. 3. Authorization of the Financing Documents. Drafts of the Financing Documents have been presented to the Board of Supervisors at this meeting and are approved. Any of the Chairman or Vice Chairman of the Board of Supervisors, the County Administrator or Assistant County Administrator of the County (each, an "Authorized Officer") is authorized to execute and deliver on behalf of the County the Financing Documents to which the County is party, in substantially the forms presented at this meeting, with such changes, insertions or omissions as may be approved by the Authorized Officer executing them, whose approval shall be evidenced conclusively by the execution and delivery of such Financing Documents, subject to the following: (a) The rental payments under the Lease will be composed of principal and interest components and will result in a Contract Rate of interest under the Lease not greater than 2.40% per annum and a Taxable Rate of interest under the Lease not greater than 3.80% per annum, with a final maturity of rental payments of not later than December 31, 2032; and (b) The principal components of the rental payments under the Lease will reflect an original principal amount not to exceed $6,000, /11/2017 Page 12 of 29

13 The actions of any Authorized Officer in approving the final terms of the Financing Documents in accordance with this resolution shall be conclusive, and no further action shall be necessary on the part of the Board of Supervisors. 4. Rental Payments Subject to Appropriation; Annual Budget. The County s obligation to make the rental payments and all other payments pursuant to the Lease is specifically stated to be subject to annual appropriation therefor by the Board of Supervisors, and nothing in this resolution or the Financing Documents shall constitute a pledge of the full faith and credit or taxing power of the County or compel the Board of Supervisors to make any such appropriation. Although recognizing that it is not empowered to make any binding commitment to make rental payments and any other payments required under the Lease beyond the current fiscal year, the Board of Supervisors states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and recommends that future Boards of Supervisors do likewise during the term of the Lease. The Board of Supervisors directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County s annual budget, to include in the budget request for each fiscal year during the term of the Lease an amount sufficient to pay the rental payments and all other payments coming due under the Lease during such fiscal year. 5. Authority to Designate as Qualified Tax-Exempt Obligation. The Board of Supervisors authorizes any one of the Authorized Officers to designate the Lease as a Qualified Tax-Exempt Obligation, as defined in Section 265(b)(3) of the Internal Revenue Code of 1986, amended (the "Code"), if such designation is requested by the Provider and is appropriate in the calendar year in which the Lease is issued. 6. Authorization of Other Matters. The Authorized Officers and any other officer of the County are each authorized to execute and deliver on behalf of the County such other instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this resolution or contemplated by the Financing Documents, and all of the foregoing, previously done or performed by such officers of the County, are in all respects approved, ratified and confirmed. 7. Authority of Officers and Agents. The officers and agents of the County shall do all acts and things required of them by this resolution and the Financing Documents for the complete and punctual performance of all the terms, covenants and agreements contained in them. 8. Limitation of Liability of Officials of County. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present or future member, officer, employee or agent of the County in his individual capacity, and neither the members of the County nor any officer thereof executing any Financing Document shall be liable personally on the Financing Document or be subject to any personal liability or accountability by reason of its execution. No member, officer, employee or agent of the County shall incur any personal liability with respect to any other action taken by him pursuant to this resolution or the Financing Documents, provided he acts in good faith. 12/11/2017 Page 13 of 29

14 9. Headings. Any headings in this resolution are solely for convenience of reference and shall not constitute a part of the resolution nor shall they affect its meaning, construction or effect. 10. Effective Date. This resolution shall take effect immediately. ***end of resolution*** Inasmuch as the posted time had not yet arrived for agenda items 8 and 9, Chairman Fisher directed the Board s atte tio to age da ite. 10. APPOINTMENTS: INDUSTRIAL DEVELOPMENT AUTHORITY Ms. Tate advised the Board that Katie Jones has agreed to serve on the Industrial Development Authority. She will fill the seat currently held by James Johnson whose term expires on December 31, On motion by Ms. Tate, second by Mr. Culver and carried unanimously, the Board appointed Katie Jones to serve a four-year term on the Westmoreland County Industrial Development Authority, commencing January 1, 2018 and expiring December 31, The re ai i g appoi t e ts to the I dustrial De elop e t Authorit ere deferred to the Board s next regular meeting on January 8, APPOINTMENT: PLANNING COMMISSION DISTRICT 2 Mr. Culver advised the Board that John Felt has agreed to serve an additional term on the Planning Commission. His current term expires December 31, On motion by Mr. Culver, second by Mr. Roberson and carried unanimously, the Board reappointed John Felt to serve an additional four-year term as the District 2 representative on the Westmoreland County Planning Commission, commencing January 1, 2018 and expiring December 31, APPOINTMENT: MIDDLE PENINSULA-NORTHERN NECK COMMUNITY SERVICES BOARD This appoi t e t as deferred u til the Board s e t regular eeti g o Ja uar 8, NEW BUSINESS Acceptance of Abstracts of Votes November 7, 2017 General Elections On motion by Mr. Roberson, second by Ms. Tate and carried unanimously, the Board accepted the abstracts of votes submitted by the Westmoreland County Electoral Board for the General Elections held on November 7, 2017 and inserted below: (See next page) 12/11/2017 Page 14 of 29

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22 12. COUNTY ADMINISTRATOR S COMMENTS Mr. Risavi updated the Board on the following projects: Glebe Harbor-Cabin Point Sanitary District: Dredging - It is his understanding that the contractor is mobilizing equipment and should be starting work on this project within the next 7 10 days. James Monroe Birthplace Timeline Walk The contractor encountered a problem when installing the granite markers for this project. There is an issue with regard to water pressure due to the high water table in that area. It may be necessary to issue a change order to improve the drainage under the walkway. Cha dler s Mill Po d Da Replace e t Mr. Hynson requested clarification regarding recent correspondence from the Department of Game & Inland Fisheries concerning this project. Mr. Stuart stated that the Department of Game & Inland Fisheries has done additional borings and discovered that the subsurface is not what they thought it should be. They will complete another engineering study and it is likely that the project will have to be re-bid. 12/11/2017 Page 22 of 29

23 Chairman Fisher recognized those County officials and staff who were present. 8. OLD BUSINESS CASE #1612-CP-01 POSSIBLE AMENDMENTS TO THE WESTMORELAND COUNTY COMPREHENSIVE PLAN TO ADDRESS CONCERNS WITH OIL AND GAS EXPLORATION AND DEVELOPMENT WITHIN THE COUNTY. (NOTE: THE PUBLIC HEARING REGARDING THIS CASE WAS PREVIOUSLY HELD ON FEBRUARY 15, 2017.) Beth McDowell, Director of Planning & Community Development, and Darren Lee, Planner, were present for this portion of the meeting. The follo i g staff report as i luded i the Board s age da pa ket: (see next page) 12/11/2017 Page 23 of 29

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25 Mr. Culver requested commentary from the County Attorney with regard to this proposal. Mr. Stuart stated that the package recommended by the Planning Commission is essentially guidance that would accompany either of the two options that have been presented with respect to the zoning ordinance. Mr. Hynson disclosed that his contract with a certain oil company ended about a year ago. However, because his parents before him and he have received money in the past from an oil company, he is abstaining from the vote on this CASE #1612-CP-01 as well as CASE #1509-ZA-04. Mr. Stuart clarified that the amendments to the Comprehensive Plan do not allow or disallow fracking in the county. On motion by Mr. Culver, second by Ms. Tate and carried unanimously with Ms. Tate, Mr. Roberson, 12/11/2017 Page 25 of 29

26 Mr. Cul er, a d Chair a Fisher oti g a e, the Board adopted the a e d e ts to the Westmoreland County Comprehensive Plan as recommended by the Planning Commission in CASE #1612-CP-01 with respect to oil and gas exploration and development within the county. The amendments are shown on ATTACHMENT A to these minutes. (W. W. Hynson abstained from the vote.) CASE #1509-ZA-04 POSSIBLE AMENDMENTS TO THE WESTMORELAND COUNTY ZONING ORDINA NCE TO ADDRESS CONCERNS WITH OIL AND GAS EXPLORATION AND DEVELOPMENT WITHIN THE COUNTY. SUCH DEVELOPMENT INCLUDES THE USE OF FRACKING, WHICH IS USED TO MORE EFFECTIVELY EXTRACT THE RESOURCE. PROPOSED TEXT INCLUDES THE CREATION OF A NEW RESOURCE EXTRACTION PLANNED DEVELOPMENT ZONING DISTRICT TO GOVERN THE LOCATION OF AREAS FOR DRILLING, AND REQUIREMENTS FOR A SPECIAL EXCEPTION PERMIT FOR INDIVIDUAL PROJECTS. (NOTE: THE PUBLIC HEARING REGARDING THIS CASE WAS PREVIOUSLY HELD ON MARCH 15, 2017.) The follo i g staff report as i luded i the Board s age da pa ket: (See next page) 12/11/2017 Page 26 of 29

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28 Mr. Culver requested a legal opinion from the County Attorney in response to this case. Mr. Stuart summarized the two options that have been presented by the Planning Commission. The first option establishes a zoning process and a special exception process in the event that someone sought to allow fracking in the county. The other option presented by the Planning Commission is an outright ban. Mr. Stuart commented that the Board would be wise to adopt the zoning and special exception provisions first, even if the Board intends to take a further step. It needs to be done in such a way that the Board does not repeal or eliminate those zoning and special exception provisions. On motion by Mr. Culver, second by Ms. Tate and carried with a 3-1 majority vote, with Ms. Tate, Mr. Cul er, a d Chair a Fisher oti g a e a d Mr. Ro erso oti g a, the Board adopted the amendments to the Westmoreland County Zoning Ordinance (Alternative 1) as recommended by the Planning Commission in CASE #1509-ZA-04. The amendments are shown on ATTACHMENT B to these 12/11/2017 Page 28 of 29

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