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Agenda_Packet_February_13_2013
CO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 13, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:00 P.M. — Board of Supervisors Budget Work Session 7:00 P.M. — Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: H) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A 1. Work Session with School Board, January 23, 2013. 2. Regular Meeting, January 23, 2013. County Officials 1. Appointment of Gainesboro Magisterial District Seat. 2. Employee of the Month Award. (See Attached) ------------------------------ - - - - -- B AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 13, 2013 PAGE 2 3. Committee Appointments. (See Attached) -- -C 4. Request from Commissioner of the Revenue for Refund. (See Attached) ------------------------------------------------------------------------- - - - - -- D 5. Resolution of the Board of Supervisors of Frederick County, Virginia, Consenting to the Issuance of Bonds by the Northwestern Regional Jail Authority Pursuant to the Second Amended and Restated Regional Jail Agreement and Other Matters in Connection Therewith. (See Attached) ------------------------------------------------------------------------- - - - - -- E Committee Reports 1. Public Works Committee. (See Attached) F 2. Human Resources Committee. (See Attached) ------------------------------ - - - - -- G 3. Lake Holiday Dam Working Committee. (See Attached ) ------------------- - - - - -- H Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn }^-�. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES JOINT WORK SESSION WITH FREDERICK COUNTY SCHOOL BOARD January 23, 2013 A Joint Work Session of the Frederick County Board of Supervisors and Frederick County School Board was held on Wednesday, January 23, 2013 at 6 :00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; and Gary A. Lofton ABSENT Gene E. Fisher and Gainesboro District Seat (Vacant) OTHERS PRESENT: John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Dr. David Sovine, Superintendent of Schools; Al Orndorff, Assistant Superintendent of Administration; Peter Vernimb, Assistant Superintendent of Education; Wayne Lee, Planner; and Lisa Frey, Executive Director of Finance; and school board members: Chairman Stuart Wolk; Vice - Chairman Ben Waterman; James Harmon; Michael Lake; Peggy Clark; and Jody Wall. CALL TO ORDER Chairman Shickle called the meeting to order. APPROVAL OF AGENDA Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye FY 2014 SUPERINTENDENT'S PROPOSED BUDGET PRESENTATION School Board Chairman Stuart Wolk thanked the Board of Supervisors for holding this work session. He appreciated the willingness to work together for the good of the community, He noted the proposed budget priorities are salaries, replacement of technology, transportation, and plans to implement full -day kindergarten. He then introduced Dr. David Sovine, Superintendent of School to present his proposed budget. Dr. Sovine reviewed where the school system has been. He noted the three priorities: 1. Address salary scales; 2. Provide staffing in excess of the Standards of Quality and Standards of Accreditation; and 3. Restore funding for replacement technology, transportation and operation. The proposed FY 2014 budget is $168.1 million with a total of 2,043.5 full -time equivalent positions. He noted $1.3 million in local dollars was needed in order to meet the Governor's proposed pay raise requirements. He went on to say the School Board was seeking $2.8 million in local dollars to allow a two step salary movement for employees in order to address salary discrepancies between Frederick County and a survey group of 14 localities, Supervisor Collins asked if the $1.3 million in local dollars equals a 2% pay increase for all employees. Dr. Sovine stated they did not want to give a raise to just a few employees. He went on to say if we do not match in full we would not receive $700,000. He concluded by saying the State has not said we must cover other employees. Vice - Chairman Ewing asked if the 2 step salary increase applied to teachers or all staff. Dr. Sovine responded the 2% increase would apply to all staff. 2 Chairman Shickle stated the Board was trying to figure out the maximum raise versus the minimum based on what step the employee was in. Executive Director of Finance Lisa Frye responded there would be varying percentages per step, The average increase would be 5% with a range of 1.89% minimum to 6.5% maximum. She noted the Governor's 2% salary increase was included in the 5 %. Dr. Sovine noted the locality has to match the $700,000 from the state in order to receive it. Finance Director Frye stated the local match was about $400,000. She noted Frederick County normally funds above the local requirement. She went on to say the $400,000 was included in the $1.3 million. Chairman Shickle asked if the Cost of Competing Adjustment could reduce the local share if it were funded. Dr. Sovine responded yes, by $300,000. Chairman Shickle asked the School Board and staff to let the Board of Supervisors know if the shell game continues (i.e. funding Cost of Competing via cuts to other areas). ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (6,55 P.M.) 3 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING January 23, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 23, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; and Gary A. Lofton ABSENT Gene E. Fisher and Gainesboro District Seat (Vacant) CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no additions to the agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye CONSENT AGENDA - APPROVED 1 Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab E. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M, Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, read the following statement; "Chairman Shickle & Members of the Board: Happy New Year. As you might guess I am here to once again repeat myself. A continuing mantra of fiscal responsibility & lower taxes. Despite continued public comment numerous petitions & citizen input there seems to be no movement from the Board nor explanation as to why you have not returned or reduced our property tax rate back to .$0.545 where it was last year after the large budget surplus, I would imagine most every citizen in the County received a smaller paycheck in this New Year because of the fiscal mismanagement of the Federal Government. I will bet that the outcome of the current General Assembly session leads to higher taxes, even though we have had a surplus the last three years. It appears, in the Commonwealth, we have a surplus, we spend it & then the Legislators & Special Interest complain we aren't spending enough. Transportation seems to be the afflicted sector this session. Please do not emulate this behavior. I attended the School Board meeting last week & heard the professional presentation delivered by Dr. Sovine. He makes a compelling case for the $71 M increase in the school budget. Frederick County should be pleased with his selection as Superintendent. He is good for the Public School System & the proper advocate. However, as best I can tell this is the largest budget increase ever requested. All for salary increases. I am befuddled that after spending .$20 Mfor a new Transportation Facility, which was a Number 41 priority, for past few years we can find no money in the budget for the buses, even with a surplus. 2 I would ask you to give this budget property scrutiny, Most of the statistics and charts presented to the public, provide comparisons back to 2009. Please look back a little further & I think you will see the large increase in funds & the small increase in student population. I believe the County Government is accountable to the taxpayer, We entrust our children to you & we deserve a good education for a fair price, like all government services. Thank you for the opportunity to address the board. " Joy Kirk, President of the Frederick County Education Association and resident of the Back Creek District, expressed her support for Dr. Sovine and the Frederick County Public School Board for their care of the employees. She thanked the Board of Supervisors for working with Frederick County Public Schools. She also thanked the Board for the one -time bonus that was given in November. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the January 9, 2013 meeting. The above motion was approved by the following recorded vote; Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye OUNTY OFFICIALS EMPLOYEE OF THE MONTH - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the maintenance team of Barbara A. Kline, Tina C. Renner, and Stephen E. Richman as Employees of the Month for January 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, a team of Maintenance Employees who serve the Frederick County North Kent Street Building were nominated for Employee of the Month; and WHEREAS, loyalty and commitment along with countless hours of labor helped to control and limit severe amounts of water damage inflicted upon the North Kent Street Building as a result of Hurricane Sandy. Without the team effort from Barbara A. Kline, Tina C. Renner, and Stephen E. Richman, the total cost of repairs to the building and equipment would have been much more severe. This team went above and beyond expectations as they stayed throughout the night to continually move equipment and use Shop -Vacs and carpet cleaning equipment in an effort to keep up with the incoming water. This team is to be commended for their initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 23 d day of January, 2013 that Maintenance Team is hereby recognized as the Frederick County Employees of the Month for January 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the team for their outstanding performance and dedicated service and wishes them continued success in future endeavors; and BE IT FURTHER RESOLVED that each employee of this team is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 0 CHAIRMAN'S CITIZEN COMMITTEE ASSIGNMENTS FOR 2013 Chairman Shickle informed the board that he was still working with the chairmen of the various committees regarding the appointment of citizen members. He advised that he had appointed Dorrie Green as a citizen member to the HR Committee. COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue for a refund to Luck Stone Corporation in the amount of $4,502.99 for a refund of personal property vehicular tax for 2009 -2012 and registration fees on two vehicles that were duplicated in two jurisdictions. These vehicles were used very temporarily in Frederick County, but were registered and housed in another jurisdiction. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 8, 2013. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, and Gary Longerbeam. Members absent were: Ron Hodgson, Kevin Anderson, and Christopher Collins. Items Requiring Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Election of Chairperson — Mr. Longerbeam moved to nominate Mr. Marty Cybulski as Chairperson, second by Mr. Anderson, motion carried unanimously (5 -0). 2. Election of Vice - Chairperson — Mr. Patrick Anderson moved to nominate Mr. Gary Longerbeam as Vice - Chairperson, second by Mr. Cybulski, motion carried unanimously (5 -0). 3. Meeting Date, Time, and Place — Mr. Madagan moved to continue meeting on the 2 nd Tuesday of each month at 7:00 PM and alternate the meeting place so each Community Center and Park governed by the Parks and Recreation Department be used once per year and remainder of meetings, be scheduled at the Frederick County Administration Building, second by Mr. Patrick Anderson, motion carried unanimously (5 -0). 4, Foundation/Reserve Fund — Mr. Sandy moved to postpone the approval of the Reserve Fund so more questions could be answered about the use of the monies in the Reserve Fund, second by Mr. Madagan, motion carried unanimously (5 -0). 5. Commission Annual Report — Mr. Sandy moved to approve the Commission Annual Report as submitted, second by Mr. Patrick Anderson, motion carried unanimously (5 -0). Please find report attached for your review. FINANCE COMMITTEE - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 16, 2013 at 8:00 a.m. Member Stephen Swiger was absent. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $300,000 for overtime costs. Local funds are required. See attached memo, p. 4. The committee recommends approval of $100,000. — APPROVED APPROPRIATION OF $100,040. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request in the amount of $100,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye 0 Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 2. The IT Director requests a General Fund su lemental gpprgpriation in the amount of $225„ 000. This amount represents a Virginia Department of Housing and Community Development grant to complete a Community Telecommunications Plan. No local funds required. See attached information, p. 5 -10. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Cbristopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye The IT Director requests approval of a new phone system for the NRADC, Public Safety Building, and County Administration Building. Total cost of the project is $650,000. Approval of the project will require a General Fund supplemental appropriation in the amount of $5I7,400 (includes General Fund portion of NRADC cost) and a NRADC Fund supplemental appropriation in the amount of $221,000 The IT Committee has approved this request. Local funds are required. See attached information, p. 11 -15. The committee recommends approval. Additional information requested by the committee included, p. 16 -24. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote; Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 4. The Public Works Director requests a General Fund su lemental appropriation in the amount of $452,347 for the design of the new Round Hill Fire and Rescue Station and 7 Social Hall. The Public Works Committee has approved this request. Local funds are required. See attached information, p. 25 -53. The committee postpones the item awaiting further information. 5. The Fire & Rescue Chief provides additional information, as requested, on the Revenue Recovery Program. See attached information, p. 54 -66. The committee recommends approval. — VOTED TO HOLD WORK SESSION WITH MEMBERS OF THE REVENUE RECOVERY WORKING GROUP Vice - Chairman Ewing moved to approve the above request. The motion was seconded by Supervisor Collins. Administrator Riley advised the Fire & Rescue Association was not ready for this proposal to move forward just yet. He noted there was a need to define debt service because the companies would like to have the ability to buy and replace equipment related to this program. He suggested possibly having a work session with the working group and the board to work out these final details. Chairman Shickle stated perhaps a work session would be appropriate. Vice - Chairman Ewing withdrew his motion. Supervisor Collins withdrew his second. The Board's consensus was to hold a work session on this topic. Supervisor DeHaven asked that both groups work very hard on the definitions. Vice - Chairman Ewing hoped the meeting could be held soon. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board voted to hold a work session with members of the Revenue Recovery working group. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye 6. The Finance Committee Chairman presents a memo concerning the FY 2014 budget and the Finance Director provides a draft budget calendar, See attached information, p. 67- 70. No action required. INFORMATION ONLY The Finance Director provides a Fund 10 Transfer report for December 2012, See attached, p. 71. 2. The Finance Director provides 12/31/12 financial statements. See attached, p. 72 -82. 3, The Finance Director provides 1111113 General Fund fund balance report. See attached, p, 83. PLANNING COMMISSION PUBLIC HEARINGS 2013 -2014 CAPITAL IMPROVEMENT PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a public hearing for the 2013 -2014 Capital Improvement Plan. This year's document contains 86 projects. He noted the plan conforms to the Comprehensive Plan and the Planning Commission recommended approval. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, read the following statement: "Wow, 86 projects totaling $923 million for capital improvements. I will say the Planning Commission & Departments do good, detailed work in outlining plans for the two -five & ten year windows going forward. Frederick County Puhlic Schools Projects: I reviewed the CIP & read an article in the paper that outlined some of the requirements for the Frederick County Middle School (Priority #1). 1 am perplexed by one aspect of this project. 1 do not understand why the County & School Board D cannot determine what to do with existing, to be excess, property until the next big construction project is complete. We seem to have several examples of this. The Stephens City School, the Gainesboro School, the Indian Hollow Transportation Facility & now the Middle School. It would seem to me that if there is no longer a need/requirement for these buildings, we would strive to get the structure & property back into the private sector as opposed to leaving it unused & vacant. If returned to the citizens or business community it would most likely generate tax revenue. I would ask that you actively plan far excess property disposition as enthusiastically as you do for new projects. Parks & Recreation: There appears to be many great projects. I would ask that, going forward, user fees, grants & donations become a larger source of revenue for these projects. Handley Regional Library Projects: As I mentioned with Parks & Rec, I would hope we could look at user fees, grants & donations to begin funding these proposals. Additionally, perhaps we could couple any new construction with proposals from the School Board. Perhaps consider combining school libraries with these library projects. In fact, let's get Parks & Rec in this discussion as well.!! Fire & Rescue Projects: My only comment in this area has to do with increased government involvement in what has been a volunteer centered organization. I worry that with the County funding more construction & the "Fee for Service "proposal, using the revenue to add additional salaried employees, we will eventually diminish the community involvement. Government encroachment usually has unintended consequences. Thank you for the opportunity to address the board. " There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the 2013 -2014 Capital Improvements Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed 2013 -2014 Capital Improvements Plan (CIP) for Frederick County on January 2, 2013; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on January 2, 2013 and determined that the projects contained in the Capital Improvements Plan (CIP) conforms to the Frederick County Comprehensive Policy Plan ; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on January 23, 2013; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has affirmed the determination of the Planning Commission that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2013 -2014 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 23` day of January, 2013 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye ORDINANCE AMENDMENT — CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT,165- 402.01 INTENT, 16_5- 402.02 PERMITTED USES 165 - 402.03 CONDITIONAL USES 165 - 402.04 NUMBER OF USES RESTRICTED 165- 402.05 GROSS DENSITY 165 - 402.06 MULTIFAMILY HOUSING, 165 - 402.07 OPEN SPACE REQUIREMENTS, 165 - 402.08 RECREATION FACILITIES, 165 - 402.09 DIMENSIONAL REQUIREMENTS, PARKING, BUFFERS AND REGULATIONS FOR SPECIFIC USES, PART 203 BUFFERS AND LANDSCAPING 165 - 203.01 LANDSCAPING REQUIREMENTS 165- 203.02 BUFFER AND SCREENING REQUIREMENTS, PART 201 SUPPLEMENTARY USE REGULATIONS 165 - 201.02 SETBACK REQUIREMENTS; ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 165- 101.02 DEFINITIONS AND WORD USAGE — PROPOSED REVISIONS SIONS TO UPDATE THE RESIDENTIAL PERFORMANCE RP ZONING DISTRICT. - APPROVF.D Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a public hearing on proposed amendments to the Residential Performance (RP) Zoning District. This proposal would make the ordinance easier to understand, provide additional flexibility and housing options, bring it up -to -date with the current needs of the 11 community, and conform to the 2030 Comprehensive Plan. She briefly reviewed the proposed changes. She noted the following letter of support was presented for the record. "January 16, 2013 Frederick County Board of Supervisors Attn: County Administration Office 107 N. Kent Street Winchester, VA 22601 RE: Frederick County Zoning Ordinance Part 402 Amendments Dear Board of Supervisors Members: Arcadia Communities, Inc. are the owners and developers of the Fieldstone and Southern Hills projects in Frederick County and have enjoyed working with you to provide quality housing opportunities for our community. Our company continuously works with your staff and other professionals within Frederick County to ensure that we understand the planning objectives and design regulations, which guide this type of development. I have been actively involved in the process pertaining to the proposed Part 402, Residential Performance District amendments that are scheduled for public hearing at your January 23, 2013 meeting. I have discussed these amendments with your staff and believe that these new regulations are a positive step in implementing the goals and objectives of your Comprehensive Plan. The increase in densities provide a more efficient use of land within the Urban Development Area, and the provision of greater design flexibility with structural heights and setbacks allows for improvements to residential product types that will provide more choices to homeowners within this portion of the community. Arcadia fully supports the proposed amendments to Part 402, Residential Performance District of the Zoning Ordinance and respectfully requests their approval by the Board of Supervisors. Sincerely, Carla E. Coffey Director of Land Development Arcadia Communities, Inc. " Senior Planner Perkins concluded by saying the Planning Commission recommended approval of the proposed ordinance changes. Chairman Shickle convened the public hearing. 12 Evan Wyatt, Greenway Engineering, advised that his firm worked with many developers in the building industry and they believed this proposed ordinance was good. He noted there were a lot of positive things in the proposed ordinance and his clients were supportive. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the ordinance amending the Frederick County Code, Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 402 RP Residential Performance District, 165 - 402.01 Intent, 165- 402.02 Permitted Uses, 165 - 402.03 Conditional Uses, 165 - 402.04 Number of Uses Restricted, 165- 402.05 Gross Density, 165- 402.06 Multifamily ]Housing, 16- 402.07 Open Space Requirements, 165 - 402.08 Recreation Facilities, 165 - 402.09 Dimensional Requirements, 165- 402.10 Phased Development; Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 203 Buffers and Landscaping, 165- 203.01 Landscaping Requirements, 165- 203.02 Buffer and Screening Requirements, Part 201 Supplementary Use Regulations, 165- 201.02 Setback Requirements; Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usage. WHEREAS, an ordinance to amend Chapter 165 Zoning concerning revisions to the RP (Residential Performance) Zoning District was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on January 2, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 23, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good ,zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended as set forth in the heading of this Resolution. 13 This amendment shall be in effect on the day of adoption. Part 402 — RP Residential Performance District § 165- 402.01 Intent. A. TNs- Part 402 is intended to p rovide for a com atible mixture oLyuatLty residential housin types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan dealing Mth ,,,.b 6 . The plan identifies €ems basic land use characteristics which are to be encouraged: (1) Efficient land use patterns that create high quality neighborhoods that are attractive and pedestrian oriented. (2) Densities that gromote a compact and a icient use o Z land. (3) Reduced housing and public facility costs. (4) Energy efficient housing and housing patterns. (5) Sustainable and e nvironmentally sensitive land use. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and adopted by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted multifamily development percentages and densities for all housing types are identified. Multifamily hetisifig types afe edlewed enly when they adjein similaf uses or- are pr-eper-ly sepafa4ed ftem different uses. The preliminary master development plan shall specify the amount and percentages of all proposed housing types. The preliminary master development plan requires specific approval of the Planning Commission and the Board of Supervisors. D. While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and the—existing residential land uses . It is the intention of this Part 402 to integrate new residential developments with existing residential developments and to ensure that dtfLerent residential develo meets are ro erl screened one another while still creating a sense of community and while Providing-for a variety of housing options. eleaf! separate existing developments from new develepmei4s w4h differ-ent housing types. This Part 402 attempts to encourage the provision of some amenities through density bonuses which are intended to enhance the development without increasing housing costs. E. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan r,, , thdrz.-.iighfi re pla an as well as any road improvement plans where appropriate and where necessary to achieve an interconnected streets stem. Adverse impaas on existing developments shall be mi nimiz possible, and, where the use, serve 'ifnite d r-esi enti 1—ar as shall be a�ve ' °'. Streets and rights -of -way in proposed 14 developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this Part 402 where discretion is given to the Zoning Administrator er Ger-issisn, that discretion shall be exercised with this statement of intent as the primary guide for action. § 165- 402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. : Structures and land shall be used Lor one of the following uses. (1) All residential housing types specified in Part 402.09 A ny ^ of th o gl e -= ng res ide n tia l 1 7 J urban f single family detaehed zero lot 7 S duplex > house , tev,mheuse (2) Schools and churches. (3) Fire stations and companies and rescue squads, (4) Group homes. (5) Home occupations. (6) Utilities Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be cons permitted as accessory structures or buildings. (8) Required or bonus recreational facilities, ai-.d public oror�rivate parks, neighborhood ap rks, p laygrounds, or other non - commercial affd recreational facilities. (9) Business signs associated with schools, churches, fires stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. (IQ Public Buildings 0-2) f13 ±Residential subdivision identification signs. " f14 ±Signs allowed in § 165- 201.06B. § 165 - 402.03 Conditional uses, Uses and associated signs permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. 15 C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day -care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. G. Museums § 165- 402.04 Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duple xes, multiplexes, a4rium -hou weak lin k tevffiheias garden apartments, multtLamLIE residential building and age - restricted multifamily housing. § 165- 402.05 Gross density and MultiLamLly Housing. A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. in no ease shall the gFess density ef any development within an appFeved Fflastef dwelling ] nits per for an other housing tend[. , G. in no ease sha4i the gfess density of any development within an approved master development plan whieh eentains mefe than 10 aer-es and less than 100 aeres e�ieeed 5.5 dwellings per- aer-e. D. in no case sha4l the gross deas4y of any development within an appr-eved master B. In no case shall the gross densLQ and maximum percenlaae of multifamily housing of an development within an approved master development Alan exceed the densities and percentages set forth in the following table: 16 a artments • ■- - Garden Apartments _ , 1 � W ;- 10 Units /Acre 100% Townhouse sin le familv attached Y 10 Units /Acre N/A y � t YY 0 -10 acres 10 Units /Acre 100% 10.1 -25 acres 6 Units /Acre 100% 25.1 -50 acres 6 Units /Acre 69 - -75% 50.1 + acres 6 Units /Acre 50% C. Within developments utilizing Trans erahle Development Ri hts the maximum aross 'tv f u 5H. residential densc or the develo shall he determined in 16 - 302.03 § 165 - 402.06 Phased development. ( ** *Relocated from § 165- 402.10) A. The developer /subdivider is permitted to construct the subdivision in phases or sections as long as: (1) All sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development. (2) Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches fifty - percent occupancy and are required to be complete by the time that section reaches sixty - percent occupancy. (3) Provisions shall be made to 'incorporate all phases or sections of the planned development under one homeowners' association/corporation. B. In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. ■_ • ■- - Mam M&MMIC • _ , 1 � W ;- Y § 165 - 402.07 Open space requirements. A. A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space shall be dedicated to 17 Frederick County only with the approval of the Board of Supervisors. The Board of Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, j Lood lain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful, C. In developments containing only single - family detached urban housing or single - family detached urban housing mixed with single- family detached traditional housing, the required open space may be waived by the Board of Supervisors. The open space requirement shall only be waived when the required open space is less than one acre. Such waiver shall not include open space provided to meet environmental requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165- 402.07A) be reduced more than 75% 5" for 18 a i x Developments containing only single - family detached t a' of 0 fr�a rural traditional housing Developments containing only single - family traditional or detached 15% urban housing Developments in which no less than 60% of the dwellings are single - 45°{V20% family detached traditional housing mixed with any other housing types Developments containing only single- family detached cluster or a 25% mixture of single- family detached cluster and urban housing Single - family small lot housing 30% All other residential developments 30% Non Residential Uses minimum landscaped area 15% B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, j Lood lain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful, C. In developments containing only single - family detached urban housing or single - family detached urban housing mixed with single- family detached traditional housing, the required open space may be waived by the Board of Supervisors. The open space requirement shall only be waived when the required open space is less than one acre. Such waiver shall not include open space provided to meet environmental requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165- 402.07A) be reduced more than 75% 5" for 18 single - family detached housing types (excluding single family small lot), and no more than 50% 2-5-OA for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one fear— recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the mien Zonin Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165- 402.08. The gross density requirements as required in §§ 165- 402,05 and 165 - 402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 165 - 402.08 Recreation facilities. g f ' y t� A. San e- amrl small lot Multa lex Townhouse Back -to -back Town house, Garden Apartment and Multifamily Building housing types 5 sq,a,,.v feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single- family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review, (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 165- 402.08A in single - family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows: (1) met Pla round: Composite Play system for school axe children with a minimum o 8 play features and one swing set. Quantity amen 19 � , 4- f Sandbox 20 Deck heights reach in at least 5' Minimum 2 2 -5 year old Play features Minimum I Slides Minimum I Climbing features Minimum I Overhead features Minimum I Tunnels Minimum I Plapanels Minimum I Swings (8 feet high 2 seats) 20 (2) Or any recreational facilities o e uivalent monetarV value which ma include- iGhA�ng; (a) Swimming pools. (b) Tennis s, basketball or multi - purpose courts. (c) 1 °'�et-ball -sou t Multi -use trails. (d) Athletic fields. (e) Picnic shelters which shall include picnic tables trash receptacles, and areas for outdoor cooking (f) Community center. (g) Other recreational facilities. § 165 - 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. L. Hei ht for other uses. The hei ght Lor all other uses not otherwise s eci red shall not exceed 45 feet. M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard, N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified: (1) Front setback shall be 35 feet. (2) Side setbacks shall be 15 feet. (3) Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted for single- family detached traditional, single - family detached urban and single - family detached cluster lot types, if all of the following design requirements are met: (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem lot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. 21 ARTICLE Iv AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 -- RP Residential Performance District § 165- 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single- family detached rural traditional. A "si fa de Fuga trad itional This dwelling type consists of a fully detached, large -lot single - family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows. (!) M let sizee s4all -he 3-00,000 square feet (2) Minimum . - gds shall be as follows T (b) Side yards. 15 feet, (g) __- M inimm-rn In+ Wi.d + h to maximum ,d Fatin shall be 1 t 2 — PFi Eiple- building eet. (b) AccesseFYbuild+ngs. 2A- feet. 22 c w _ _ _ _ w •� w - iiw w ! s Y Y w V ARTICLE Iv AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 -- RP Residential Performance District § 165- 402.09 Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single- family detached rural traditional. A "si fa de Fuga trad itional This dwelling type consists of a fully detached, large -lot single - family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows. (!) M let sizee s4all -he 3-00,000 square feet (2) Minimum . - gds shall be as follows T (b) Side yards. 15 feet, (g) __- M inimm-rn In+ Wi.d + h to maximum ,d Fatin shall be 1 t 2 — PFi Eiple- building eet. (b) AccesseFYbuild+ngs. 2A- feet. 22 B. Single- family detached traditional. A'single family detaehed treditieRalresideAEe" shall be -This dwelling tyRe consists of afu11V detached large -lot single- family residence with private yards on all four sides without required common open space, Dimensional requirements shall be as follows: •. M'._ , i 1 i 23 E2 Accessory Building (max) 20 feet C. Single- family detached urban. A "si ngle This dwelling type consists of a fully detached, single - family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as f ollows : "INN EXIM rrr ■ �� ■ ............ , E r ■ D. Single - family detached cluster. A "siRgle family detached clusteF " id e nce" shad be a This dwelling tyR consists of a My detached single- family residence on an individual lot, with private yards on all four sides, and some cemmeR epen spaGe with n the development. (1) in a pFepesed clusteF development, there shall be _@ min'.M.I.-FA total aFea peF dwelling unit of 10,090 square feet, not ineluding land ifi FequiFed 69FWAOR open space and Fead Fights ef way. No individual lot shall be Smaller than 9,09() 5quaFe feet. Fe-F 24 Al Minimum lot area 12,000 square feet A2 Minimum lot width at setback 70 fee A3 Minimum lot width at road right -of- 40 feet way 131 From road right -of -way 35 feet B2 Side 10 feet B3 Rear 25 feet C1 Front trom road ri ht -o -way 25 eet C2 Side 5 eet C3 Rear 15 fee t a ' i rk_ '. ..- ,. D1 Required off street parking 2 per unit x PON N m E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet D. Single - family detached cluster. A "siRgle family detached clusteF " id e nce" shad be a This dwelling tyR consists of a My detached single- family residence on an individual lot, with private yards on all four sides, and some cemmeR epen spaGe with n the development. (1) in a pFepesed clusteF development, there shall be _@ min'.M.I.-FA total aFea peF dwelling unit of 10,090 square feet, not ineluding land ifi FequiFed 69FWAOR open space and Fead Fights ef way. No individual lot shall be Smaller than 9,09() 5quaFe feet. Fe-F 24 each Wt thaa-4--; less than r , an equivalePA square feetage ef land shall be added te the Fequifed Gemmen open sparze. Dimensional requirements shall be as follows: (Note: SF Cluster already has a higher open space requirement than SF urban (25% v 15 and therefore this housing type (w /o restrictions) should fall between the two] E. Single- family detached zero lot line. A "single - family de d z o lot line F sidenee" shall b e This dwelling type consists of a fully detached, single - family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: 25 ... A � I 1 - . �1 • �1 Ila— a Al Minimum lot area E. Single- family detached zero lot line. A "single - family de d z o lot line F sidenee" shall b e This dwelling type consists of a fully detached, single - family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: 25 Al Minimum lot area 8,000 square feet A2 Minimum lot width at setback 60 feet A3 Minimum lot width at road right -of- 30 feet way }" 131 From road right -of -way 25 eet B2 Side 8 feet B3 Rear 20 Lee t ^ in s C1 Front from road right-of way 15 eet C2 Side 5 eet C3 Rear 10 f t RA J4 D1 Required off street parking 2 per unit >�... Y•'iJ" N'•�, W: Y - ',.y 5"' pj" - Z k <_3 Y " g 3 9 V L . 'Y"�' . E1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet E. Single- family detached zero lot line. A "single - family de d z o lot line F sidenee" shall b e This dwelling type consists of a fully detached, single - family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: 25 To . ............. .... . ..... P.T.WMATATSMIMUCTMW ... . ........ VA M L ■ WIN. .MMIEPTINNIT"WrI.I.... --- - ------------------ ... . ........ XK= 4-43 ... ...... ... .. . . . '01 NII! Po w 26 Al Minimum lot area 6,000 square feet 61 From road right -of -way 5 feet B2 Minimum on-site building spacing (side) 25 feet B3 Rear 25 feet 11 21 C1 Front from road riqhUf-way 15 feet C2 Side -. 20 feet C3 Rear 15 fee DI Required off street parking 2 per unit El Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than a three-foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. F3 The zero lot line side must not be adjacent to a road right-of-way. 26 Single- family small lot. Single family small let - housing all -ube a This dwelling type consists of a single - family detached or attached residence on an individual lot. No more than two units may be attached together. Th e intent of t hlr h eLlS i Rg type iS t„ n :de an spedalized pepulations such as these of the eldeF . Dimensional requirements shall be as follows: (1) DimeRsieRal r-equiFement--; shall -he as fa (a) Mink lot size. 3,759 squa feed (b) Off 5tr-eetPaF'(iRS ; 2. (6) Setback fir-A-Im. state read. 29 feet. (d) Setbac=k fyate Mad: 2feet ( ©n F , af d. 1 f (f) Side yaFd- Zero le-t 'one option may be used with this housing type. if Ehesen, the minimum side yaFd shall be 10 feet for that yaFd opposite the zeF9 'At-- line sld-e. If not chosen, the FninimuRg side yaFd shall be five feet. (g) When the attae-hed- eptiGA fOF the single farnoly small lat housing unit Is Chesen, th-e min i m l "din spaG Wirmmen+ shall be 20 feet [Ij With the single family small lot hewsing type, deeks may extend fiYe feet into Fea [2] WheFe 5ingle family small let housing abuts open space, deeks may extend up te 1 2 f i Rte FeaF card.. ca+h;; - � eso . L rc , iL. ]LLZ [3] Front peFr=hes, stoops and steps may extend eight feet ! RtO fFORt YaFd SOW& T� LT i y 27 B5 Minimum building spacing Attached Option — 20 feet CI Front trom grivateli road l5 eet *Rear alley option —10' C2 Side (end unit) S eet C3 Rear 10 feet C4 Rear (from open space) 5 feet D1 Required off street parking 2 per unit e ,. F1 Principal Building (max) 35 feet E2 Accessory Building (max) 20 feet F1. A minimum of 20 landscape plantings shall be provided on each individual lot At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three, F2. Detached accessory structures may not exceed 150 square feet. NumbeF Of 13edFO MS , � �E� Ytrtat AFe H - _ eF I Rit (s n�� T�''e'� 7 ye r age s at Unit (square Off tFeet PaFking �til�l�. NumbeF Of 13edFO MS , � �E� Ytrtat AFe H - _ eF I Rit (s n�� T�''e'� 7 ye r age s at Unit (square Off tFeet PaFking �n�o�F fee t! YyHt! ': J�t7tjV 2 2 'J 117t T ' S V 67GOO [Note: This housing type can be accomplished by using the single family small lot "attached" option and therefore is proposed to be deleted] 28 �-, G. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side tu side, back to back orvertically. st-vue-Aure Shall -h-P feur e-F less, Dimensional requirements shollbe as fol/ows. (1) /2) (4) M yaFds sha —hea as feellews! (a) Setbacks shall be as fellews� [2] Twenty feet fForn parking areas OF driyeways-. k54 Minimum building spacing shall be 30 feet. (6) Maximum building height shall beas f-Allow&.t (a) Principalbuilding feet. (b) AceessoFy bui 20 feet. 29 Al Minimum lot area per unit 3,000 sayare eet A2 Maximum site impervious surface 50 ratio B1 From road right-of-way 35 feet B2 From parking areas or driveways 20 feet B3 Side 15 feet f rom perimeter boundary B4 Rear 25 feet from perimeter boundary Maw CI Front from road ri-ght-of-wgy Zjfeet C2 Front from Parking areas or IS Lee driveWAys 29 ■ ■ A • Ac • L ■ • ■ . I 11 • A� NOW I MINION—m i l W-1 i M. MINIM MWIN A ■ ■ A • Ac Six • • • Ai E Al AJ 1 � � • L ■ • ■ . I 11 • A� [Note: This housing type has never been utilized.] 'A M 30 30 4T ref Of Bedreams Let AFea (square feet4 Average Lot Off- meet g Spaces Minimum Let Widt F 4e&4 'te Width ffeeO n paf�Wa„ - fec4) I,$09 2 -2 2-6 0 s�,499 A9 2-.2 -5 2-$ IG S a,_ ',� 250 -34 42 [Note: This housing type has never been utilized.] K. H. Townhouse, Back -to -back Townhouse. " is a single family attaGhed dwelling with ene dwelling unit I:--- RFeuRd to reef having individual autside . This dwelling type consists of asingle- family attached dwelling „unit from around to roof, with individual outside access. Rows of a ttached dwel!'Rg, townhouses shall contain no more than eight(S) dwelling units rn „a group not exceed 10 its a nd sh .,, than eight d,. w hin,,. pee s tFu tune. Back -to -back townhouses shall contain no more than 1 ional „requirements shall be as follows: (1) Maximum gross density shall be eught units PeF aGFe. (2) D FeqWkemeRts shall be as fellews-. sixteen 16 dwelling units a group. Dimensional 31 NumbeF 0 Bedmem Minimum L AFea (squ AveFage Let Off StFeet ParkiR Spaces Minimum Let width (feet4 Are( fe--4 (square feet4 End Unit -22 ee IASW IT&W Z709 14 - Mjyl; B1 From public or private road right- 2-, of-way 2-.&0 14 L r 0. i0ffin IN 11 -g% g, Al Minimum Lot Area 1,500 square feet A2 Minimum Lot Width End Unit -22 ee Interior Unit 18 feet . . . . . . . . . . . . . - Mjyl; B1 From public or private road right- With Garage — 25 fee Without Garage --15 fee of-way 132 From off street parking lot I5 eet 133 Side 10 eet B4 Rea r 20 ee Back to Back Option =ALA C1 Front from off street parking lot 10 eet C2 Front from private/public road 15 eet C3 Side (end unit) 5 eet C4 Rear Ueet '2 D1 Required off street parking 2 per unit El Principal Building (max) 4B eet E2 Accessory Building (max) 20 feet 32 I L.Garden apartments. This housing type consists of buildings that contain multi ple dwellin units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stones and shall contain six L61 or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows: .rr . . 33 B4 Rear (perimeter) 25 feet 85 Rear for balconies and decks 20 feet B6 Minimum on -site building spacing: Buildings placed side to side shall have minimum distance o f twenty (20) feet between buildings; buildings placed side to back shall have a minimum distance o thirt - ive 35 f eet between building Buildings back to back shall have o minimum distance o fifty,, (SO) feet between buildings. •� ; ; „.;. Ta� ` t .` ."x`5'2'' `dr a •T ' ^ - .n'eA� ?man. 4 ",� "is"Y+. ,R ��, ..Ya. w.:X. ° 6 rot C1 Required off street parking 2 per unit TIN DI Principal Building (max): 55 eet D2 Accessory Building (max) 20 feet J. Multifamilv residential buildinas This housina type consists of multifamily buildinas with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are no r es id ential areas permitted. Multifamily residential building shall only be located in desnated in the , Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. Dimensional requirements shall be as follows: K. Age-restricted multifamily housing. "Age- restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required.lot areas of all dwelling units within the building. Age- restricted multifamily housing shall only be permitted 34 Al Maximum site impervious surface ratio 1. MU B1 from public road right -of- -way 35 eet B2 From off street parking lot or driveway 20 eet B_3 Side (perimeter] 50 feet B4 Rear (perimeter) 50 eet B5 Rear for balconies and decks 20 feet B6 Minimum on -site building spacing Minimum on -site building spacing Buildin s placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 Leet between buildings. Building back to back shall have a minimum distance of 50 feet between buildings. CI Required off street parking 2 per unit x y ei.' tv -�x; Dl Principal Building (max): 60 feet provided that a multifamily residential building may be erected to a maximum of 80 feet if it is set back from road right -of -ways and from lit lines in " o not less than one foot for f addition to each of the required minimum yard d imensions, distanc e , each one foot of height that it exceeds the 60 foot limit. D2 Accessory Buildina (max) I 20 eet K. Age-restricted multifamily housing. "Age- restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required.lot areas of all dwelling units within the building. Age- restricted multifamily housing shall only be permitted 34 within proffered age - restricted developments. Elevator service shall be provided to each floor of age - restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as follows: (1) M aximum gross density Sh h e 7!1 un ner acre (l2!) Dimensional regWrements shall be as follows! Rsdraaffle PY4#MM Area Dwelling I m- tofF_C t R aF'('Ag SpaGes UrrrLet peF f CF A 1,7-()Q M PTMIT AZI AL'AW&M 2- ,Ge aT"{ ■ • MIT. i l • ! a M M P ■ l 1 1 • l / WIN W l M PTMIT AZI AL'AW&M r'YI•iL':11E•�II DIY II' 35 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 — Buffers and Landscaping § 165 - 203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of t h e eiti,�ens ^ Frederick County by providing minimum landscaping standards and encouraging tree preservation for r°�l developments. The provisions of this section shall apply to all site plan and subdivision design Plan applications, includine the revision or expansion of any site or development. Note. Subsection "A" is unchanged. B. Plant selection, planting procedure, and maintenance. 36 Al Minimum lot area 3 acres A2 Maximum site impervious surface ratio .60 A3 Maximum number of units per building 110 . D:YIW'"t•t�.>.: B1 From road right -of -way 60 feet B2 From off street parking lot or driveway 5 feet B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single - family residences. B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single - family residences. BS Rear ar balconies and decks , setback May extend 10 feet into a perimeter B6 Minimum on -site building spacing: Buildings placed side to side shall have a minimum distance of twenty L20) feet between buildings; buildings placed side to back shall have a minimum distance o f thirty-five 35 f eet between buildings. Building back to back shall have a minimum distance o fifty (501 feet between buildings. {.. �.. tom.* � -.' ri i'�i i '� „?�.4 � a.,;» C1 Required off street parking 1.5 per unit D1 Principal Building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty -foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. D2 Accessory Building (maxi ZO eet Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 203 — Buffers and Landscaping § 165 - 203.01 Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment, and general welfare of t h e eiti,�ens ^ Frederick County by providing minimum landscaping standards and encouraging tree preservation for r°�l developments. The provisions of this section shall apply to all site plan and subdivision design Plan applications, includine the revision or expansion of any site or development. Note. Subsection "A" is unchanged. B. Plant selection, planting procedure, and maintenance. 36 (1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table4is# of acceptable trees and shrubs shown below: Types of Landscaping Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade), Buffer screening andparking lot screening (screen), Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen) Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Amur Maple Acer ginnala Street, shade, canopy, ornamental European Hornbeam Carpinus betulus Street, shade, canopy, omamental Hop Hombeam Ostrya virginiana Street, shade, canopy, omamental Katsura Tree Cercidiphyllum japonicum Street, shade, canopy, ornamental Ginkgo (male) Ginkgo biloba Street, shade, canopy, ornamental Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy, omamental Golden -Rain Tree Koelreuteria paniculata Street, shade, canopy, ornamental Flowering Crabapple Mal us (disease resistant varieties) Street, shade, canopy, omamental Chinese Pistache Pistacia chinensis Street, shade, canopy, ornamental Linden Tilia (all vanities) Street, shade, canopy, ornamental Lacebark Elm Ulmus parvifolia Street, shade, canopy, ornamental Japanese Zelkova Zelkova serrata Street, shade, canopy, ornamental Red Oak Quercus rubra Street, shade, canopy, ornamental White Oak Quercus alba Street, shade, canopy, ornamental Scarlet Oak Quercus c occinea Street, shade, canopy, ornamental awtoot a Quercus acutisstma Street, shade, c , ornamental anopy, , , . „ Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy, ornamental Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy 37 Swamp Chestnut Oak Quereus miehauxii Street, shade, eang Willow Oak Quercus phellos Shade, canopy, ornamental Bald Cypress Taxodium distichum Street, shade, canopy Red Maple Acer rubrum Shade, canopy, ornamental Freeman Maple Acer freemanii Shade, canopy, ornamental Sugar Maple Acer saccharum Shade, canopy, ornamental Paperbark Maple Acer griseum Shade, canopy, ornamental American Sycamore Platanus occidentallis Shade, canopy, ornamental London Plane Tree Platanus acerifolia Shade, canopy, ornamental Sweetgum Liquidambar styraciflua Shade, canopy, ornamental Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental Weeping Beech Fagus pendula Shade, canopy, ornamental European Beech Fagus sylvatica Shade, canopy, ornamental River Birch Betula nigra Shade, canopy, ornamental Star Magnolia Magnolia stellata Shade, canopy, ornamental Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental Black Gum Nyssa sylvatica Shade, canopy, ornamental Yellowwood Cladrastis kentukea Shade, canopy, ornamental Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental Hawthorn Crataegus plaenopyrum, Crataegus viridis Shade, canopy, ornamental Sourwood Oxydendrum arboreum Shade, canopy, ornamental Tuliptree Liriodendron tulipyera Shade, canopy, ornamental Paw Paw Asimina triloba Shade, canopy, ornamental Dogwood Corpus florida, Corpus kousa, Corpus hybrid Shade, ornamental Flowering Cherry Prunus {all varieties of Flower in Shade, ornamental 38 39 Cher Cornelian Cher Cornus mas Shade, ornamental Eastern Redbud Cercis canadensis Shade, ornamental American Plum Prunus americana Shade, ornamental Japanese Maple Acer palmatum Shade, ornamental Douglas Fir Pseudotsuga menziesii Screen, ornamental White Fir Abies concolor Screen, ornamental Spruce Picea (all varieties) Screen, ornamental Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental White Pine Pinus strobus Screen, canopy Western Arborvitae Thuja plicata Screen, ornamental Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental Leyland Cypress Cupressocyparis x leylandi Screen, ornamental Japanese Cedar Cryptomeria Japonica Screen, ornamental Viburnum (Evergreen) (all everween / semi- evergreen varieties) Screen, ornamental, shrub Yew Taxus (all varieties) Screen, ornamental, shrub Holly Ilex jail varieties) Screen, ornamental, shrub Common Boxwood Buxus sempervirens Screen, ornamental, shrub Juniper Juniperus (all varieties) Screen, ornamental, shrub Abelia (All varieties) Screen, ornamental, shrub Witchhazel Hamamelis vernalis Ornamental, shrub White Frinietree Chionanthus virginicus Ornamental shrub Slender Deutzia Deut is gracilis Ornamental, shrub Althea Hibiscus syriacus Ornamentai shrub Vicars privet Li ustrum x vita ! Ornamental, shrub 39 Sweet Mockorane Philadelphus coronarius Ornamental, shrub Japanese pieris Pieris iaponica Ornamental, shrub Cotoneaster (All varieties) Ornamental, shrub 5pirea (All varieties) Ornamental, shrub Weigela (All varieties) Ornamental, shrub Forsythia (All varieties) Ornamental, shrub Dwarf Fothergilla Fothemilla kardenii Ornamental, shrub Butionbush Cephalanthus occjdentalis Ornamental shrub ,Japanese jZygodatree Sophora japonica Ornamental, shrub Chastetree Vitex agnus- castus Ornamental shrub Standard Nandina Nandina domestica Ornamental, shrub Purple Plum Prunus ceraslfera Ornamental Crape Myrtle Lagerstroemia indica Ornamental Persian parrotia Parrotia persica ornamental Hydrankea (all varieties) Ornamental MujZo pine Pinus mu ,&o Ornamental Itea (All varieties) Ornamental Aronia (All varieties) Ornamental Clethra (A-11 varieties) Ornamental Azalea Rhododendron (All varieties) Ornamental Rhododendron (All varieties) Ornamental Northern B ber Myrica Pen sylvanica Ornamental Meyer Lilac Syrinza meyeri `Palibin' Ornamental (2) Planting procedure. All required trees and shrubs shall meet the specifications and p rocedures established by e-f—the American Nursery and Landscape Association. HQ a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two -inch caliper at the time of planning. Only single plan„ ed as street trees. c) On s►n_ a stem trees shall be t.,,,.,___ d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three - gallon container at the time of planting. In addition to the three - gallon container requirement, parking lot screening shrubs shall be o minimum of 36" in height of time of lantin and buffer shrubs shall be a minimum of IS" in height at time of planting. Spacing o f parking lat screening shrubs shall _b_ a no greater than four (41 feet on center, e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. f) Measurement of Size. Caliper is measured six (6) inches above the around up to and including our 4 inch caliper size and twelve 12 inches above the ground for lorger_sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisa § 165- 203.02 Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. C. Residential separation buffers. P°,.imoer and ; ,4er -iof Residential separation buffers shall be established to adequately buffer s in g l e f.,ffiill' a °I I I +.- ; ena d cluster- dwe ft single LiV CN V1IVN L1 liVFi LAV11CL3 Call other h hat i ng lype, _ ing types within adjacent Brent housing types from dissimilar hoes separate developments The ftHietiefi ef the perimeter- sepafatien buffer- shall be to adegtuatelysepafate — dif=fereiA housing types within mixed ese develep nts—. The requirements for perimeter and inter- eN residential separation buffers are as follows; (1) When p . r n ff t housing types shall re _._ aced a 'acent to one another, developments with di eren . __, provide the following residential separation bugs: Reg MOMPA 101 111 c 41 ivIquifled Distance Buffe R equired Ser Provided inaletive (M-flinvam) fo Active (Maximum) fo Total E3 FHU SG . eR 1,5 I5 400 Landscape 4-58 §9 299 een No screen 358 -59 489 .. . .. .. . . . . . r r Distanee Buffer- Required Provided (&100 (&&0 fflee J Full screen 4-5 4-0 2-5 Landscape Sereen 38 2-9 -59 No screen 4-59 59 2-99 -. �C� if ��\ �1. iti�?. ZlRil2i!\ �Yf�R�)!_ l! f\ iJ .l\�l�_�!tlf��lTlf ■ \9 \9l���lRf \i u.IPlit =y. A iRf.!f il�Y Yfi WIlR4>ta�.fn 42 Distah a Buffer Required Screening ProAded . Alethre (Maximum) Total Y r 75 23 W 42 Distah a Buffer Required Screening ProAded inalethre (Minimum) Alethre (Maximum) Total Full ofeem 75 23 W 42 gape scree 4-50 50 2-00 *men 3-59 58 488 NIM - - Ad'oinin Existinz Use/Develo V Active (Maximum) (feet) W W A oi l Y 4 Will i I IBM. L Sin le- Emil • detached r - A B_ B 2. Sin le- anvil ero lot line or small lot A A A B B 3. lex or townhouse B B - B B MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQU - Ad'oinin Existinz Use/Develo V Active (Maximum) (feet) W W A 2 r Y 4 Will i I IBM. L Sin le- Emil • detached - - A B_ B MINIMUM RESIDENTIAL SEPARATION BUFFER AREA REQU Pro osed Use/Devela ment Ad'oinin Existinz Use/Develo went Active (Maximum) (feet) 1 2 3 4 5 L Sin le- Emil • detached - - A B_ B 2. Sin le- anvil ero lot line or small lot A A A B B 3. lex or townhouse B B - B B 4. Garden A artment or Multi amil buildin s C C B_ - A 5. Age-restricted multi amil I 25 C C C - 2 Buffers shall be placed between the lot line OL the pr9posed housing a and the lot line of the existing adjoining use or development. When lac „ ed on individual lots, the bu er -shall be located within a permanent landscape easement and shall be maintained by the homeowners associat 3 When age-restricted multifamily housing adjoins other housing es the ever reen element of the residential separation buffer shall be planted at a height of six feet. 43 BUFFER AREA WIDTHAND PLANT RE UIREMENTS TMe Inactive (Minimum) eet Active (Maximum) (feet) Total eet Screen T e A 15 10 25 Full Screen A 30 20 50 Landsca a Screen A 75 25 100 No Screen B 30 20 50 Full Screen B 45 30 75 Landsca a Screen B 75 25 100 No Screen C 75 25 100 Full Screen C 100 50 150 Landscape Screen C 150 50 200 No Screen 2 Buffers shall be placed between the lot line OL the pr9posed housing a and the lot line of the existing adjoining use or development. When lac „ ed on individual lots, the bu er -shall be located within a permanent landscape easement and shall be maintained by the homeowners associat 3 When age-restricted multifamily housing adjoins other housing es the ever reen element of the residential separation buffer shall be planted at a height of six feet. 43 M When existing mature woodlands are located within the „entire buffer area (total f Tf that w distance i active and inactive buffer), preservation o thatoodland will be allowed to ,,,._...,.,,_..,. substitute for the required plant material. S Housin es contained within a mixed use development as outlined in the Comp rehensive Plan or developments, that contain a mixture of housing es but approved with the same Master Development Plan shall not require residential separation buffers between housing es contained within the same develo meat. The . ffs ,b , Zoning Administrator may require residential separationu buffers when a Master Development Plan is revised and the housing types are modified after construction has already commenced within the development Residential separation buffers shall he a mixed use or l Planned development or iL the development abuts different housin es within a separate development. (6) The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements distance or landscaping) i the !2p!zgraphy o the lot providing the buffer yard and the lot heing protected is such that the required hu er and would not be effective. 7 The Board OLSyEervisommay waive reduce and/or modyly the residential se aration hu er requirements distance or landsca in when utili con icts preclude the installation of the huf fer and would result in unnecessary or otherwise unreasonable hardship to the developer. Note: Subsection "D" is unchanged. E. Road efficiency buffers. The purpose of these requirements are to provide protection for residential structures rom an street classi red as a collector road or hi her while still p roviding an attractive view OL the residential nei hborhoods rom major roadways. It is not the intent oL these regulations to provide uniform linear stri s of com le ely o a ue screenin g but to provide an attractive view o residential neighborhoods from major streets and ensure adequate huf Lering for the residential nei hborhood from the street (1) All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial or major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers: Distance Buffer Required Inactive Active Screen (minimum) (maximum) Total Type Road Type Classification (feet) (feet) (feet) MA Interstate/ arterial/ limited access Full - distance buffer 50 50 100 Landscape Screen Reduced - distance buffer 40 40 80 Full Screen Major collector Full- distance buffer 40 40 80 Landscape Screen Reduced - distance buffer 40 10 50 Full Screen (2) All road efficiency buffers shall begin at the edge of the road right -of -way, with the inactive portion abutting the road right -of -way. All required elements of the full- distance buffer or the reduced - distance buffer idea4i =ed in §' 6 5 203. shall be located within the inactive portion of the road efficiency buffer. Maintenance OL the road eff icienc y buffer shall be in accordance with $ 165- 203.01B(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a. residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) All road efficiency buffers shall contain lands caping_evergreen trees intended to reach a minimum height of 20 feet at maturity. These --eve R trees shall prate -a eentinuous ser-een, with plantings spaced no more than 10 feet apaFt. The ffill distan buffef! shall contain a double rew of evefgr-eea trees that are - 3f four feet in height when pla44ed. The fedtieed distanee btiffer shall eei4ain an earth ber-m thm '.- i . may be per-mit4ed near- enti-anee dr-ive6 to ensure safe sigh4 disianees. The Planning the ,mot o f topography „ .b.r dist ns t r - a ip s �zxc° . The Zoning Administrator maE allow alternative landscapina near entrance drives to ensure safe sizht distances. L5) The Zoning Administrator may waive, reduce and/or modify „the road efficiency ' ., . , of the lot providing the buffer yard requirements of an his o pinion the topo�ra buff y ard and the lot being protected is such that the required buffer yard would not be effective. 45 When existing mature woodland when su lemented bE new vegetation if needed is located within the entire buffer area and meets the intent o this section reservation of that woodland will be allowed to substitute for the required plant material and the opaque screening ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165- 101.02 Definitions & word usage. BUILDING HEIGHT - grndsrreundingthe stFucL —The vertical distance from the average finished grade at the front of the structure to the top of the highest roof beams on a flat or shed roof the deck level on a mansard roof, and the average distance between the eaves and the ridge level for Gable, hip and gambrel roofs. For structures that include appurtenant or other accessory roof features the height shall be measured from the average finished grade at the front of the structure to the highest point of the feature. DWELLING - A residential structure or portion thereof which is used exclusively for human habitation. A. DWELLING, MULTIFAMILY — n stFu .tore arrang 9r designed to b ,,,. by two mOF^ house holds. A building or portion thereof containing more than two (2) dwelling units and not classified as a single - family attached dwelling with not more than one (1) family occupying each dwelling unit. B. DWELLING, SINGLE - FAMILY --- A structure, not including mobile homes, arranged or designed to be occupied by one household. C. DWELLING, DETACHED — A dwelling that is not attached to any other dwelling by any means. D, DWELLING, SEMI - DETACHED — A dwelling attached to one or more dwellings by a common vertical wall, with each dwelling located on a separate lot. E. DWELLING, ATTACHED — A dwelling with two (2) or more single family dwelling units which are generally joined together by an above grade common party wall extending from the lowest floor to the roof or by a common floor- ceiling. A common floor - ceiling shall be the floor of one unit that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, pattern and /or materials of the fagade from one (1) dwelling unit to another. ii Article 11 SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 — Supplementary Use Regulations § 165. 201.02 Setback requirements. F. Extensions into setback yards. The following features may extend into setback yards as described. (3) Porches and related features. In the _RA, MH1, and R5 Zoning Districts, b alconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. .. [Note: this section is being relocated into the townhouse housing type dimensional requirement section] (6) Storage sheds which are attached to townhouses and weak link tei.viqheuses that can only be accessed through an outer entrance and do not exceed Y. the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area. Passed this 23` day of January by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Absent Gary A. Lofton Aye Chairman Shickle stated he hoped to find a way to see which areas work and which areas do not. BOARD LIAISON REPORTS 47 There were no Board liaison reports. CITIZEN COMMENTS Dody Stottlemyer, Shawnee District, stated she would have liked to know more about the ordinance amendments and hoped there was better clarification to come. She concluded by saying they seemed restrictive. BOARD OF SUPERVISORS COMMENTS There were on Board of Supervisors comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:50 P.M.) 48 Employee of the Month Resolution Awarded to: Craig M. Grubb WITEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WITEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Craig M. Grubb who serves the Frederick County Information Technology Department was nominated for Employee of the Month; and, WHEREAS, loyalty and commitment along with a positive attitude and competent skill has helped to support county -wide IT needs. Over the past few months, Craig has worked under an incredible workload without complaint and with a strong focus on customer service. This focus was demonstrated as the department fell from a full staff to only two members. His performance and services have significantly contributed to the IT Depai°tment's recent accomplishments. He has also stepped up to help with the hiring process for a new PC Technician, of which Craig has already taken under his wing. Craig is to be commended for his initiative and dedication. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13 day of February, 2013, that Craig Grubb is hereby recognized as the Frederick County Employee of the Month for February 2013; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to this team for their outstanding performance and dedicated service and wishes them continued success in future endeavors; and, BE IT FTTRTIIER RESOLVED, that each employee of this team is hereby entitled to all of the nights and privileges associated with his award. County of 1�rederiek, VA Board of Supervisors _______ L 1 ------ Richard C. Shickle, Chairman AF L o �i O `� Q v . , %Q cs ti e`3 � t4 I-G Q L)) I Fj S 4-A tj County of Frederick Employee of the Month Nomination Form Outstanding service can be demonstrated in many ways, but it always involves more than just good job performance. An employee can be outstanding for suggesting improvements that result in greater efficiency, improved service, or cost savings; for leadership in departmental activities, for the department's goals or for the goals of the county as a whole. Outstanding service includes job performance that clearly exceeds requirements. The Board of Supervisors must discount generalities not supported by specific examples of activities which support the nomination. Remember, there is no way to know whether specifics are missing by accident or because they do not exist. If you believe an employee has made an outstanding contribution, give specific examples of what they have done. Nominations are not judged on how well you write. However, they are judged on the facts presented. Employee Name: Craig Grubb Nomination Submitted By: Walter Banks Department: Information Technology Department: Information Technology Nominator's Signature:. Waltzer Banks Date: 11126/2012 Reason for Nomination (please be specific, precise, and definite): - raig Grubb has demonstrated a positive attitude and competent skill over the past few months. Craig has worked ender an incredible workload, without complaint and with such focus toward customer service. This focus was iemonstrated as their department strength fell from a full staff of 5 to 2 members. His performance and service directl mpacted the IT departments ability to accomplish a redesigned of its backup process, expedited several key servers to )ecome virtualized and a new /more secure Firewall access configuration. His technology evaluation was critical in the eview to the network layer 2/3 upgrade as well as the VoIP RFP. Because of this stellar service in October 2012 Craig vas promoted to Network Technician and continues to support the county -wide IT needs. He recently helped Michelle vith the hiring process for a new PC Technician, Bobby Williams. Craig has already taken the new tech under his wing )y offering his assistance when needed. He truly is an asset to this department, and we would like to thank him for all its hard work. HR Section: Received; Emailed to HR Committee: . COUNTY of FREDERICK TO: Board of Supervisors FROM: John R. Riley, Jr., County Administ or 3 DATE: February 7, 2013 RE: Committee Appointments John R. Riley, Jr. County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jriley@co.frederick.va.us Listed below are the vacancieslappointments due through March, 2013. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIESIOTHER Extension_ Leadership Council William H. Schuller — Red Bud District Representative 915 Valley Mill Road Winchester, VA 22602 Home: (540)662 -6145 Term Expires: 06/22/15 Four year term (Mr. Schuller has resigned.) Parks and Recreation Commission Paul W. Hillyard — Gainesboro District Representative 233 Baldwin Circle Winchester, VA 22603 Term Expires: 02/13116 Four year term (Mr. Hillyard has resigned.) DECEMBER 2012 107 North Kent Street • 'Winchester, Virginia 22601 Memorandum - Board of Supervisors February 7, 2013 Page 2 Board of Equalization Michael A. Lake — County 'Representative (Gainesboro District Resident) 861 Valley View Drive Winchester, VA 22603 Home: (540)665 -0108 Term Expires: 12/31112 Three year term (See Attached Application of Mr. Tim McKee) (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2090, the Board of Supervisors appointed the Board of Equalization as a "permanent" board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one -year term; one member for a two -year term; and three members for a three -year term. Going forward, all future appointments shag be for a three -year term. Recommendations for appointment/reappointment are made by the Board of Supervisors and submitted to the ,Judge of the Frederick County Circuit Court for final appointment.) Chapter 10 Board Derek C. Aston — County Representative 100 Scenic View Place Cross Junction, VA 22625 Home: (540)888 -3647 Term Expires: 12/31/12 Three year term (See Attached Application of Mr. Tom Brubaker) (The county has three seats on the Chapter 90 Board. Members serve a three year term and may only serve three consecutive terms.) MARCH 2013 Social Services Board Donald E. Nesselrodt — Member -At -Large 110 Bedford Drive Winchester, VA Home: (540)722 -4189 Term Expires: 03/09/13 Four year term (Members may only serve two terms. Mr. Nesselrodt is not eligible for reappointment.) Memorandum — Board of Supervisors February 7, 2013 Page 3 Russell 150 Community Development Authorit John Marker Marker Miller Orchards 153 Cedar Creek Grade Winchester, VA 22602 Office: (540)662 -1391 Home: (540)662 -4013 Term: 03/01/09 - 03/01/13 Four year term Whitney "Whit" L. Wagner 251 Tyler Drive Clearbrook, VA 22624 Office: (703)973 -0400 Home: (540)662 -9711 Term: 03/01/09 - 03/01/13 Four year term Allan Hudson President Ominex, Inc. 5568 General Washington Drive, Suite A212 Arlington, VA 22312 Office: (703)820 -2500 Term: 03/01/09 - 03/01/13 Four year term Frank Brumback 370 Barley Lane Winchester, VA 22602 Home: (540)667 -1551 Term: 03/01/09 - 03/01/13 John S. Scully, IV Colony Realty 112 North Cameron Street Winchester, VA 22601 Office: (540)662 -0323 Term: 03/01/09 - 03/01/13 (The Community Development Authority (CDA) was created in 2005. The CDA consists of five members. Appointments are for a four year term.) Memorandum — Board of Supervisors February 7, 2013 Page 4 J RRltjp Attachments U:1TJ Pl committeeappointmentsl MemoslBoardCommitteeAppts (021313Mtg).docx INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS -- District Supervisor, would like to nominate you to serve on the hoard of Equalization As a brief personal introduction to the other Board members, please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: � �r"�'1 L Home Phone: ��j °— jg7 Z- Address: V -DOffice Phone: 540 3 "T iS C, = V& 720035" Fax: _�_tt I CIS -9-�aj (Q I_ Employer: k6'L (Nt.N&C@M,4�IO" Email :`tM( ( 4 Occupation: ck- NQq— P � Civic /Community Activities: Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On; Yes: No: Do You Foresee Any Possible Conflicts Oj Interest Which Might Arise By Your Serving On This Committee? Yes: No: Explain: Additional Information Or Comments You Would Like To Provide (If you need more space, please use the reverse side or include additional sheets); Applicant's Signature: � _ Date; Nominating Supervisor's Comments: (o6fosm) KIKE E CONSTRUCTION IE, C TIMOTHY W. MCKEE Vice President Construction/ Owner WORK EXPERIENCE - KEE Construction Services, Owner March 2005 — Present Project Manager for KEE Construction projects including electrical work. Has proven track record for quality work and maintains an established relationship with area construction and electrical inspectors. Works closely with owners to make sure job stays on schedule, on budget and meets expectations. - Columbia Gas Transmission 1993— 2005 Early in career acted as Telecom Repairman which consisted of installation and maintaining Microwave Tower facilities. Also maintained area office networking and other communications. Installed and maintained gas measurement sites in the surrounding area. Awarded Electrician position in 1996 for Columbia Gas. Received training in Allen Bradley PLC 5 and PLC 500 in order to trouble shoot and program changes to the gas powered turbine engines that were used to pump natural gas to other Columbia Gas facilities. Maintained and streamlined the support of station components (i.e. air compressors, stand by generators, and gas protection shut down devices). Team leader for in house work consisting of changing offices and completing build -outs. - Crawford Electronics 1990-1993 Completed commercial and residential wiring projects. Acquired certificate from the National Burglar & Fire Alarm Association. EDUCATION - Master Electrician License - Lord Fairfax Community College, Associates in Applied science with Major in Electronics, Graduated May 1990 Dowell J Howard Vocational Center, Electrical /Electronic, Graduated June 1987 COUNTY of FREDERICK 9 �El y atyo TO: Board of Supervisors FROM: John R. Riley, Jr., County Administr DATE: February 5, 2013 RE: Chapter 10 Board Application John R. Riley, Jr. County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jriley@co.frederick.va.us Please find attached an application of Mr. Tom Brubaker for possible appointment to the Chapter 10 Board. Mr. Brubaker has met with Northwestern Community Services Director Buddy Hall and county representative on the Chapter 10 Board Jack Alkire and is hereby recommended for appointment. Should you have any questions, please do not hesitate to contact me. J RRftjp Attachment U:1TJ Plcommitteeappointments \Memos\MemoBdofSupApplcatn OfBru bakerTom(021313Mtg).docx 107 North Kent Street • Winchester, Virginia 22601 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISO COMMITTEE APPOINTMENTS u A ,a N ;,;V p C -, p � C� District Supervisor, would like to nominate you to serve on the Chapter 10 Board As a brief personal introduction to the other Board members, please till out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: :�� � C10,,4k -,� i� Home Phone: I Address: S '6 �7 C6 C Vz - - Z- - A Cyr A Office Phone: i , j/c "ec r� � 1 2 z� 0 Fax: Employer: S'L-Lf Email: Occupation: ' rC . &,e, / Civic/Community Activities: Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: !/' No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: 1✓' Explain: Additional Information Or Comments You Would Life To Provide (If you need more space, f/ l`(jls� CC " r'i A Applicant's Signature : Date: Nominating Supervisor's Comments: (06/09,'06) C:\TJP\fonm\CornmitterApplicafionMtT.wpd please use the reverse side or include additional sheets): 2a MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: February 7, 2013 RE: Refund — Southeastern Container Inc. COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us Southeastern Container, Inc. previously filed an appeal in the nature of amended machinery and tools tax returns for tax. years 2007, 2008, 2009 and 2010, wherein Southeastern was seeking approximately $1,600,000 in tax refunds from the County. Machinery and tools, for taxation purposes, are self - reported by each taxpayer and, in this particular case, Southeastern concluded, more than three years after its initial filing, but within the applicable limitations period, that it had overreported its machinery and tools. Thus, Southeastern filed its amended returns. The Board of Supervisors previously, in July 2011, approved a refund of $247,23357 to Southeastern in partial resolution of the matter, but following that refund, other issues in the appeal remained pending. The Commissioner now confines that the remaining issues are resolved, with an additional refund in the amount of $552,019.14 due to Southeastern. The Commissioner, in consultation with the County Attorney has concluded that this outcome represents a fair interpretation of the facts and law applicable to this matter. The process included an appeal by Southeastern to the Virginia Department of Taxation, pursuant to Va. Code § 58.1 - 3983.1, of the Commissioner's initial decision on the amended returns. Southeastern has entered into a settlement agreement with the Commissioner which precludes it from raising any further issue as to its machinery and tools tax returns for 2007 -2010, and as to its returns for 2011 and 2012, thereby fully concluding the matter. The current refund is the final refund Southeastern will receive for the machinery and tools tax for years 2007 -2012. Pursuant to the provisions of Va. Code § 58.1- •3981(A), I 107 North Kent Street • Winchester, Virginia 22601 hereby note my consent to the proposed action. Further pursuant to § 58.1- 3981(A), the Board of Supervisors will need to act on the request. 4 Roerick B. Williams County Attorney WHEREAS, the Authority has also expressed its desire to use proceeds of the 2013 Bonds to finance the cost of new capital improvements, including without limitation; a replacement cooling tower, a replacement chiller compressor, and a new "telephone system (collectively; the "2013 Projects"); WHEREAS, the 2013 Bonds will be payable from and secured by amounts derived from the Participating Jurisdiction Obligations (defined below) in accordance with the terms of the Act and the Jail Agreement; 1 5. The County Administrator is hereby authorized and directed to execute and deliver such documents and certificates as are necessary to enable the Authority to issue the 2013 Bonds, to refund the 2005 Bonds and to finance the 2013 Projects, including, but not limited to, a continuing disclosure agreement and closing certificates requested by the Authority and its bond counsel. Any other County official so designated by the County Administrator is hereby similarly authorized and directed to execute and deliver such documents and certificates. 6. All other acts of the officers of the County, heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2013 Bonds, the refunding of the 2005 Bonds and the financing of the 2013 Projects by the Authority are hereby approved, ratified and confirmed, 2 3 WITNESS MY HAND and the seal of the Board of Supervisors of Frederick County, Virginia, this day of _ , 2013. John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia [SEAL] 4 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 5401678 -0682 MEMORANDUM TO: Board of Supervisors FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works R SUBJECT: Public Works Committee Report for Meeting of January 29, 2013 DATE: February 5, 2013 The Public Works Committee met on Tuesday, January 29, 2013, at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Requiring Action * ** 1. Lot Trade - Shawneeland The committee reviewed and unanimously approved the exchange of five (5) lots between the CHW Partnership and the Frederick County Sanitary District of Shawneeland. The attached deed of exchange prepared by Frederick County Attorney, Mr. Roderick Williams, identifies the lots in question. Staff recommended this exchange to negate the need to construct the necessary roads to access the lots currently owned by the CCW Partnership. This transaction will also return the lots owned by the sanitary district to the tax roles. (Attachment 1) ** *Items Not Requiring Action * ** 1. Service Resolution County Administrator, John R. Riley, Jr. recommended that a resolution be prepared to commemorate the long time service of Mr. George Ludwig who recently passed away on January 22, 2013. Public Works Committee Report Page 2 February 5, 2013 2. Ordinance Amendment Related to R -5 Subdivisions Senior Planner, Ms. Candice Perkins, presented a proposed ordinance amendment which would allow the use of private streets within all developments in the R -5 District and would require board approval. This amendment was requested by the potential new owners of the existing Shenandoah Subdivision which currently is an R -5 district with private roads and age restrictions. The proposed amendment would allow private streets and dwelling units that accommodate all ages. (Attachment 2) After the brief presentation by Ms. Perkins, the committee voiced the following concerns and /or comments: • Allowing private roads without age restrictions in R -5 development could have significant impacts on county services including schools and fire and rescue. Estimates on the order of $20 to $30 million dollars of capital impacts were provided by Director of Planning and Development, Mr. Eric Lawrence. • Future maintenance of private roads was a big concern of a majority of the members. In particular, the need for a significant reserve was highlighted to cover these future road maintenance issues. • It was suggested that the ordinance amendment include a certain percentage of age restricted dwellings to offset the potential impact to county services. • The developers' representative indicated that his client would assume the responsibility for completing the roads and related items in the sections /phases that have been completed and /or are currently under construction. 3. Update of the Stormwater Program Subcommittee Deputy Director of Public Works, Joe Wilder, presented a brief update of the first meeting of the stormwater program subcommittee. A copy of the meeting minutes are attached. Mr. Wilder indicated that the goal of the subcommittee is to develop a stormwater ordinance and related stormwater program on or before the current July 1, 2014 deadline. He added that a bill HB -1488 has been introduced into the current legislative session to extend the date to July 1, 2015. (Attachment 3) The subcommittee has supported a plan to combine the current erosion and sediment control ordinance with the new stormwater ordinance. A model ordinance to accommodate this approach is currently being drafted by the Virginia Department of Conservation and Recreation (DCR). Mr. Wilder highlighted that a bill, HB -2048, has been proposed to transfer state authority of stormwater programs and erosion and sediment control from DCR to the Department of Environmental Quality. The actual schedule and impact of this transfer is not known. t:\Rhonda\PWCONLVHTTEE\CURYEARCONUIEPORTS\1-29-13pwcomrep.doe Public Works Committee Report Page 3 February 5, 2013 4. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman Gary Lofton Whit L. Wagner Robert W. Wells James Wilson By Harvey E. S wsnyder, Jr., .E. Public Works Director HES /rls Attachments: as stated cc: file t:\Rhonda\PWCONLVHTTEE\CURYEARCONUIEPORTS\1-29-13pwcomrep.doe ATTACHMENT 1 Tax Map Nos.: 49B03- 124 -6, 49B03- 124 -7, 49B03- 124 -8, 49B03- 124 -9, 49B03- 124 -10, 49B03- 123 -265, 49B03- 123 -266, 49B03 -123- 282, 49B03- 123 -283, and 49B03- 123 -284 Consideration: Exchange County is exempt from recordation taxes pursuant to Va. Code § 58.1- 811(A)(3) (as to County as grantee) and (C)(4) (as to County as grantor) Prepared by and return to: Roderick B. Williams, County Attorney 107 North Kent Street, 3r Floor Winchester, VA 22601 DEED OF EXCHANGE THIS DEED OF EXCHANGE, made and entered into this day of , 2013, by and between CHW PARTNERSHIP, a Virginia Partnership, Grantor and Grantee, party of the first part; and the FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEE -LAND, a sanitary district created pursuant to the provision of §§ 21 -113 et seq. of the Code of Virginia (1950, as amended), of the COUNTY OF FREDERICK, a political subdivision of Virginia, Grantee and Grantor, party of the second part; WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid unto the party of the first part at and before the delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE, unto the party of the second part all of those certain lots or parcels of land, together with all improvements thereon, located and being in the County of Frederick, Virginia, Back Creek Magisterial District, and more particularly described as follows: All of those certain lots or parcels of land designated as Lot 6, Plat 2, Section 24 and Lots 7, 8, 9, and 10, Plat 4, Section 24, described and set forth in that certain Deed of Dedication of Marjec, Inc., dated August 24, 1973, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 416, at Page 318, being the same lots or parcels conveyed to the party of the first part by a deed from C. Michael Lambome and Shirley Lamborne, husband and wife, dated August 22, 1989, and of record in said Clerk's Office, in Deed Book 723, at Page 595. Reference is hereby made to the aforesaid deed or deeds referred to herein for a more particular description of the land hereby conveyed. This Deed is subject to all easements, rights of way, and restrictions of record as to the lots herein conveyed to the party of the second part. That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid unto the party of the second part at and before the delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the second part does hereby grant, bargain, sell and convey with SPECIAL WARRANTY OF TITLE, unto the party of the first part all of those certain lots or parcels of land, together with all improvements thereon, located and being in the County of Frederick, Virginia, Back Creek Magisterial District, and more particularly described as follows: All of those certain lots or parcels of land designated as Lots 265 and 266, Plat 21, Section 23, and Lots 282, 283, and 284, Plat 22, Section 23 of the plats and plans of Shawnee Land, which plats and plans, together with the deeds of dedication, are of record in the Clerk's Office of the Circuit Court for Frederick County, Virginia, being the same lots or parcels conveyed to the party of the second part by deed from Charlemagne Corporation, dated October 5, 1992, and of record in the aforesaid Clerk's Office, in Deed Book 799, at Page 400, and being the same lots or parcels conveyed to Charlemagne Corporation by deed from Staap Corporation, dated December 1, 1989, and of record in the aforesaid Clerk's Office, in Deed Book 734, at Page 67. Reference is hereby made to the aforesaid deed or deeds referred to herein for a more particular description of the land hereby conveyed. This Deed is further subject to all other easements, rights of way, and restrictions of record as to the lots herein conveyed to the party of the first part. The signatories to this Deed for CHW Partnership personally represent and warrant that they are the only partners of CHW Partnership and that they are duly authorized and permitted to execute this Deed on behalf of CHW Partnership. WITNESS the following signatures and seals: STATE OF CHW PARTNERSHIP, a Virginia Partnership SEAL) (SEAL) By: (SEAL) COUNTY /CITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of ) 2013. Notary Public Registration No.: My commission expires: STATE OF COUNTY /CITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of , 2013. Notary Public Registration No.: My commission expires: STATE OF COUNTY /CITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as Partner, a duly authorized partner of CHW Partnership, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of , 2013. Notary Public Registration No.: My commission expires: FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEE -LAND, a sanitary district created pursuant to the provision of §§ 21 -113 et seq. of the Code of Virginia (1950, as amended), of the COUNTY OF FREDERICK, a political subdivision of Virginia COMMONWEALTH OF VIRGINIA SEAL) COUNTY /CITY OF , to wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that , as of the County of Frederick, a political subdivision of Virginia encompassing the Frederick County Sanitary District of Shawnee -Land, whose name is signed to the foregoing Deed, dated this day of , 2013, appeared before me in my jurisdiction aforesaid and acknowledged the same before me. Given under my hand and seal this day of 7 2013. Notary Public Registration No.: My commission expires: APPROVED AS TO FORM: Roderick B. Williams Frederick County Attorney E ATTACHMENT 2 DRAFT MINUTES —DECEMBER 12, 2012 BOARD OF SUPERVISORS MEETING DISCUSSION OF ORDINANCE AMENDMENT — PRIVATE STREETS IN THE R5 (RESIDENTIAL RECREATIONAL COMMUNITY) ZONING DISTRICT. — REFERRED TO PUBLIC WORKS COMMITTEE Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow private streets in all R -S (Residential Recreational Community) developments. Currently, this proposal is only permitted in age- restricted communities. This proposed amendment would allow the use of private streets within all developments in the R -S District, but would require Board of Supervisors' approval. She noted this proposal has the potential to modify communities previously approved, but not proffered, as age- restricted and could introduce dwelling units that accommodate all ages. The impacts on the County's school system should be considered. She concluded by saying staff was seeking direction from the Board regarding whether this proposal should be sent forward for public hearing. Chairman Shickle suggested the Public Works and Transportation committees might want to look at this proposal regarding potential impacts. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board referred this item to the Public Works Committee for their review. COUNTY of FREDERICK Department of Planning and Development �I ®7 �/ 5401665 -5651 ME FAX: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner t; Subject. Discussion — Private Streets in the R5 Zoning District Date: December 6, 2012 Staff has received a request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. Currently, the use of private streets in the R5 District is only permitted within age - restricted communities and only if approved by the Board of Supervisors. The age - restricted private street allowance was added into the R5 Zoning District in 2000, along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). Prior to the adoption of the age - restricted private street allowance, the use of public streets was mandatory for all new developments in the R5, This amendment proposes to allow the use of private streets within all developments in the R5 District, but would still require Board of Supervisors approval. It should be noted that this text amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate all ages and, therefore, the impacts on the County's school system should be considered with this amendment. Staff has attached a draft ordinance revision that includes the amendments requested by the applicant along with additional text amendments that pertain to the expanded use of private streets within the R5 District. This item was discussed by the DRRC at their October 2012 meeting; the DRRC had minor changes to the proposed text. The changes were emailed to the DRRC and they endorsed the revised text and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 4, 2012; there were no comments and the item was forwarded to the Board of Supervisors for consideration. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution CEP /bad 107 North Dent Street, Suite 202 ® Winchester, Virginia 22601 -5000 ATTACHMENT 1 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Wher age restric -ted When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qua as ^^ age r^r' +Y ;^ +^PJ eemmuRity, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that all road sections meet the minimum thickness based on the Virginia Department of Transportation pavement design standards and all storm sewer, signage, guardrails, and any other accessory features shall be designed following the VDOT Manual of Road and Bridge Standards Street ^ ^f^..,., +^ the ^ ^� +�„ ^ +; ^^ ^ + ^� ^^ ,,.,-, +^�; ^'� of the Vi giRia DepaFtmeR+ ef and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets sh all permitted 1 ^ age FestFiete ^^pl shall be identified on a MDP as follows: [1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right -of -way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right -of -way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right -of -way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at ATTACHMENT 1 the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right -of -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) Developments utilizing private streets shall meet the following conditions: ( 11 The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association ". (21 The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a minimum of ten percent of all dues collected from the residents. The percentage may be reduced by the developer or the property owner's association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. 131 Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets. (2) Within R -5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. ATTACHMENT 1 (3) Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used, the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to issuance of the last certificate of occupancy, the certified professional engineer, licensed in the State of Virginia, shall provide the county with certification that each phase of construction met density requirements; that all material depths were verified for compliance, and that the road and parking areas have been constructed in strict accordance with the plans and specifications. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. LAWSON AND SILEK P.L.C. 120 EXETER DRIVE, SuITE 200 POST OFFICE Box 2740 WINCIIESTEIZ, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722-4051 Candice Perkins, Senior Planner County of Frederick Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 VIA HAND - DELIVERY Dear Candice: THOMAS MOORE LAWSON • TLAWSONnLSI'LC.COM October 12, 2012 Re: Our File No. 1211.001 This is to formally request that an item be included on the upcoming October, 2012 DRRC agenda. The proposed ordinance amendment provides for an opportunity for private streets in communities in Frederick County. As you know, Section 165- 502.05.K(1) of the Frederick County ordinance already exists which allows for private streets in age - restricted communities. We believe there should be opportunities to install private streets in all developments and not just those that are age - restricted. Therefore, we are suggesting that the County consider amending its zoning ordinance to allow the same. For the Committee's and your convenience, we enclose a marked up ordinance with suggested revised language. 1 will be pleased to attend the DRRC meeting to further discuss this agenda item. Thank you for your assistance and cooperation in this matter. if anything further is required to effect this request, please contact me immediately. Ver lily yours, Tho s oore Lawson TML:atd Enclosure FRONT ROYAL AOORE -M POST OFFICE BOX 602, FRONT ROYAL, V €HGINIA 22630 • TELEPHONE: (.940)635-9415 • FAc9IMILE: (SAO) 635 -942€ • F -MAIL: JSII.EK((,7LAWSONANDSILEK, ATTACHMENT 3 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 5401678 -0682 Meeting Minutes — Public Works Stormwater Program Subcommittee Wednesday, January 16, 2013, 10:00 a.m. Those in attendance: Joe Wilder, Ben Whitlock, Rod Williams, Gene Fisher, Whit Wagner, Jim Wilson, Jeff Rezin, Mark Smith, Gary Oates, Marian Carroll (DCR), Matt Armstrong (Winchester Star) Not in attendance: Denise Rudolph, Ed Strawsnyder Discussion: *Presented agenda for meeting and everyone introduced themselves. *We began with slide show which helped everyone understand some of the history of the stormwater regulations and where we need to go in future. *We discussed that Frederick County will be required to develop a stormwater program which complies with Virginia state regulations. We will have to develop a new stormwater ordinance and other elements to comply with state requirements. *The subcommittee will assist staff in reviewing the proposed stormwater ordinance, discuss and develop stormwater program elements, finalize a proposed fee structure, and assist in outreach to the local development community and general public. *We discussed how a review of local ordinances will be performed by the Center for Watershed Protection (CWP) utilizing a National Fish and Wildlife grant being administered by the Northern Shenandoah Valley Regional Commission (NSVRC). This review will help staff by finding conflicts between existing county ordinances and the new stormwater regulations. These findings will require us to have a joint meeting with the Planning Commission to ensure that the subdivision and zoning ordinances allow and encourage the use of new stormwater technologies and design concepts. *We discussed that by April 1, 2013, Frederick County will need to submit several items to the DCR and request an extension for 1 year so we will have till July 1, 2014 to develop a stormwater program and become approved by the Virginia Soil and Water Conservation Board. We will be submitting a draft ordinance; staff and funding plan and discuss how we are going administer the stormwater program utilizing Public Works Staff. *We discussed that we will be obtaining a new draft model ordinance from CWP which combines the new stormwater regulations with a local erosion and sediment control ordinance. We were in agreement that having one ordinance that combined the stormwater regulations and our existing erosion and sediment control ordinance would make it easier for everyone to understand and enforce. *We will need to fully discuss elements of the stormwater regulations at future meetings in regards to plan requirements, runoff calculations, and new stormwater quality requirements including the runoff reduction methodology. Meeting Minutes — January 16, 2013 — Page 2 *We briefly discussed that there is a new water quality standard which will require future stormwater plans to be designed with environmental site design standards to achieve the new standard. *We need to look into how proprietary BMPs (i.e. filterras, etc.) can be utilized in the future. *We discussed how educating the general public will be important since future BMPs will be designed and constructed on lots and open space in subdivisions. *We will be required to track all new BMPs so that they are inspected and maintained into the future. *The state is currently developing a computer database (ePermitting) which will be utilized by localities and owners to track stormwater permits, BMPS, registration statements, plan tracking, inspections, etc. It will also be used to collect the state portion of the stormwater permit fee. *We discussed how 28% of the stormwater fee is portioned to the state for oversight of the VSMP program. Regardless of what fee is finally adopted by Frederick County, the amount indicated in the stormwater fees (Chapter 13 of regulations), which belongs to the state, will not change. *The committee will need to determine a final fee schedule that is able to fund the stormwater program. We are going to perform a review of some other states stormwater fees (Maryland, West Virginia, etc.) to determine how Virginia's fee compares. *We briefly discussed two current House Bills (1488 and 2048). HB 1488 proposes to extend the time localities have to develop a stormwater program until July 1, 2015. HB 2048 proposes to transfer state authority of stormwater programs and erosion and sediment control from DCR to DEQ. Both bills could impact the development of Frederick County's stormwater program. *Frederick County was awarded a DCR grant in the amount of $21,000 to help defer costs of program. Proposed Timeline of deliverables: *April 1, 2013 — submit request to DCR for a one year extension in developing our stormwater program. The request also will include a copy of the latest version of our DRAFT Stormwater Ordinance. This draft does not have to have a Board of Supervisor approval. We will utilize the model ordinance as a framework to develop our own ordinance. We must also submit a staff and funding plan and who will be responsible for administering stormwater program. We will coordinate with the Regional DCR office in Warrenton, Virginia as we move through our program development. *Fall 2013 — Complete the development of our local stormwater program and work with DCR to have elements of our program approved by Soil and Water Conservation Board. *Winter 2014 — Frederick County will sponsor a local workshop/ training seminar to educate local community about all aspects of new stormwater program. *July 1, 2014 — Frederick County begins issuing VSMP permits and administers new stormwater program. *We will plan to have another meeting of our subcommittee in late February 2013. As we obtain a copy of latest model stormwater ordinance which combines stormwater and erosion and sediment control, we will review and comment. * * *We want to thank everyone for serving on this committee. * ** Joe C. Wilder Deputy Director of Public Works County of Frederick, Virginia Phone: 540 - 722 -8215 Email: jwilder @co.frederick.va.us ATTACHMENT 4 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works SUBJECT: Monthly Tonnage Report - Fiscal Year 12/13 DATE: January 24, 2013 The following is the tonnage for the months of July 2012, through June 2013, and the average monthly tonnage for fiscal years 02/03 through 11/12. FY 02 -03: FY 03 -04: FY 04 -05: FY 05 -06: FY 06 -07: FY 07 -08: FY 08 -09: FY 09 -10: FY 10 -11: FY 11 -12: FY 12 -13: MONTH JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: AVERAGE PER MONTH: 15,184 TONS (UP 1,177 TONS) 16,348 TONS (UP 1,164 TONS) 17,029 TONS (UP 681 TONS) 17,785 TONS (UP 756 TONS) 16,705 TONS (DOWN 1,080 TONS) 13,904 TONS (DOWN 2,801 TONS) 13,316 TONS (DOWN 588 TONS) 12,219 TONS (DOWN 1,097 TONS) 12,184 TONS (DOWN 35 TONS) 12,013 TONS (DOWN 171 TONS) 12,390 TONS (UP 377 TONS) FY 2011 -2012 12,600 13,265 12,140 12,091 12,389 11,363 10,545 10,676 12,479 11,366 12,688 12,550 FY 2012 -2013 12,596 13,934 11,621 12,863 12,598 10,728 HES /gmp ATTACHMENT 5 OG LL ry n w ry (7 Z J } (U w ry I- 0 V N 0 0 0 O O O O O I- 1- 00 1- V M M M N 0 0 0 M (O (O O O 0 I- N 00 m I- N M O) O V I- M 00 0 O V V O) N 00 N (O O) JI V (h 00 O) (O (h - (O O V O O) 00 (f) N 00 00 V 00 V V O) O) Q 00 N O N r- 00 (O I- 0 00 V O 00 ( LO O) O O) (h O) V V LO I- O I- N V (O O) N V (O N O O) M O) O 00 (h (O I- O) V O O O N (h V V O) (O V M O) M O) 00 (O (O N - V M O V M M (h F L6 L6 L V L (h N N N N N N N N N N N N 0000 al r ('! 0 -- 0 N O LO U N 00000 V ( O N N UI (!) 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N 00000 O) N O I- (D Q U ri v ri ri ri Z J > m w U O w Q w Q m Q= 0 0 0 0 0 0 o m m m m m n Q N O z 0 n LL m Q m n O O O O 00 � I N���� LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL Q J N V N N N a O 00 I- 00 0 0 0 0 0 0 0 0 0 0 o I- O O) (f) 00 I� N 00 (h 00 V N 00 O (O (h - 00 O N O N (O (O -- 00 N N O o I- N O V o o 00 O) V 00 m V� O IN O N N l!7 V V O O O O O O V O) I- 0 0 O O N O (O I- o O r- V (O V (O O) (O I- N V I� 00 00 O V V I- N V 00 N (h (O N V 00 (O (h O O) 00 00 I- LO (D N N V V V V V (h (h N O O W (h I� N O- N N 0000000 V O N (O 0 00 00 00 N ONO O I- M O) I- N 00 I- (D N O) N N 00 (O O) (O (h (O O V V LO V V N I� (D V V (h 00 00 (O (n (n v V (O (O V N M 7 N � 00 I- O O O O O) ( O N O 00 (O (O O) O (h 00 Lo O O (O (f) 00 00 (O (h 00 r � V �_ N r - N O) O O O 0 N V LO 00 : 'IT (h N (h O) (O 7 0 0 (h (f) O) O (h O I� 00 N N V 00 O (f) 00 (h O) (f) V V V ( I- O) (O (f) LO V M V I- (D V 00 (O (f) 'IT N V IT O N 'IT V N N N V 0 0001 - 00 00 V O I- N O) N 00 V (O N (f) N l!7 l!7 � � V O) O) O) (f) V N N N (h N N N N N N V V O V O V m m V 00 0 I - O 0 I - [ - V I- V V 00 N V I- 00 M r- M V (O (O I- 0 O 00 V I� 00 � 00 V I - 00 V V V W (!) (`') � (!) (`') (!) V V V V N N N O) O O O O) (h N O M O N (O M O O- V o O O O) O o O o o O) N 0 00 N N N N 0 I V (O O H O 00 (!) (h V (h O) N I- (fl N N� O N N V 7 � V 00 00 00 O N V O O (h V (O 00 I- V (O 7 I- (O M M M M O N O O) O) I : V 00 O) I: 00 (h N (O O O O O O O 0 O N V I r 0 r O N r N V 0 00 N V N O) 00 00 I� (nl V 00 W (!) (!) (h (O 00 O) V (h (!) W (O N (O V � N � O) co O) O (h l!7 O) (h N V O 00 O) (h O (O N N (f) (h Q (O 00 r- O) (O V N (O O) O 0 V V LO (h ( O 00 I- J N I- (O N N N V V V V V V (h l!) 0 O M F U z m w w} z Q Z J > m w U O w Q w Q m Q= 0 0 0 0 0 0 o m m m m m n Q N O z 0 n LL m Q m n 0 0 0 O 0 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL V v N O) r r O) N N O (fl (Y O O O M N O (D N (fl O) N N O) 00 00 c� N (fl O M N O (D O V N 00 N O) ri V N O a O d Z (6 ATTACHMENT 6 co r O N N_ O N LL W J W 2 U) J Q Z Q 0 O m W 2 U w Z D O U Y U_ W 0 W LL H O d W 0 O 0 a� _ W� 0 O Z 0 2 r— O O r— '-* N co W (0 1 m w Q W U Z Z W w d Q O 0 0 0 0 O U � U U W J Q W D z O N O O O co W w D Y 0 W U) O r 00 M LO O LO (O W � � r r � U) D D W 2 Q O O I— - --t M N O J LO I-t N M M M N U W D W LO M 1-- — O O O LO � co co LO O N 0 Q Q W � Z 0 0 0 I— O N O w m V w w m U Z_ �— O M M M N a m m J W W Z > Z 0') W W �LnM�(o� CN U Y N W � Q 2 H Z Q Z 0 O Z O O O O Q 0 O (O r— O r— O Z O U a�_ LL = J O J D w U O w Z w Q w Q z 2 )<w0z0�L a� U N O (n O) O LO r H O w w Q U O = o z W 0 LO I-- m M CF) CO CO N CO CF) r— CF) U w Z Z W w d Q 0 0 0 0 0 0 0 0 U � U U W � J p W ZNOrn C) LO r- W Z M (O N N - W D Y 0 W U) N 00 O r- 0 4wL o 0m O d N N — — C) U) D D W Q M N Lo CF) J � U W D w CN N 00 (0 0 CO CO M— N N 0 Q Q W � z CF) O co O O N Ow C O V U L ' r VJ D N q t O r m U Z_ O 2 � < LO (D � N N N co 0 m m 0 J W w Z Z � N I� M N LJJW o W � Q Q Z 0 O z CO LO I-- CF) CF) Q LL M M M N M M LO = 0 — — — — — r— Z O � LL = J Q z O W> U z m Z H 2 -)<0z0�L L 4- O O C co N co Co U N N i a) E a) U a) 0 O L C O E a) L C ATTACHMENT 7 County of Frederick 111111A I111111111IJIIIIIIIIIM141111111 .11 141111 111„ 141111MWUwu W ....... ............, 1,,. Y, 1.1 11111V, I. Ynumuemnnll .J,k[1114[BYI111111,IIJ111, 141,1. 14411111. 11111[ Y111. 11 11, 11,J 1M11 ,,, l.IIJ. , II1111J.11111111111 A I ILI 1114M 414 U Ift Paula A. Nofsinger Director of Human Resources (540) 665 -5668 Fax: (540) 665 -5669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Paula Nofsinger, Director of Human Resources DATE: February 7, 2013 SUBJECT: Human Resources Committee Report 11,10M.,14 .... . ........... i ..... ........... M41 E4111I I ..I "I I I I MIIII13IIIIMI4IIJII III. 111111. 111114111114 1IIIIIJIIIIMIIIIMIIIIIJ 11111.11I111JI IIII.IIIIIIJIIIIM11111 +1111 lA [EEILlI111M11111A11111,111111 -I III 111i111M911111.111 LII IIIIIIIIIMIIIII IIIII/JIIIIMII I I M I I I I I.III11M111, The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, February 1, 2013, at 8:OOa.m. Committee members present were: Supervisor Christopher Collins, Supervisor Bill Ewing, and Dorrie Green. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, County Attorney Rod Williams, Sheriff Robert Williamson, Finance Director Cheryl Shiffler, Planning Director Eric Lawrence, Department of Social Services representative Delsie Butts, employee Paul Meola, employee David Fern, and employee Adam Sisler, *** Items Requiring Action * ** 1. Approval of revised Human Resource policies. Over the course of calendar year 2012, the HR Committee reviewed and updated HR policies in groups of three to four policies at a time. One of the major focal points of these policies is a revised leave structure known as Paid Time Off (PTO). Twenty -four meetings at five locations were held by the HR Department with four hundred and forty -seven employees attending. This proactive approach to leave accrual allows the employee to better manage his/her leave thereby eliminating the sick leave component and establishing Individual Disability Accounts. The committee decided to wait until several policies were reviewed and then recommend approval to the Board of Supervisors. Attachment 1 is a group of thirteen policies recommended for adoption by the HR Committee. 2. Approval of the Employee of the Month Award. The Committee recommends approval of Craig Grubb as the Employee of the Month for February 2013. 107 North Kent Street, Winchester, VA 22601 ** *Items Not Requiring Action * ** 3. The discussion of creating a new Public Information Officer position. County Administrator John R. Riley, Jr. introduced the discussion for creating a County level Public Information Officer (PTO) position. Assistant County Administrator Kris Tierney elaborated some specific requirements of the position. The Committee elected to consider this request further and it will be reintroduced at the next Committee meeting for further consideration and discussion. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday March 1, 2013 at 8:O0am. Respectfully Submitted, Human Resources Committee Christopher Collins, Interim Chairman Bill Ewing Dorrie Green Paula A. Nofsinq J Director of Human Resources 107 North Kent Street, Winchester, VA 22601 - Lined Policies V. RECRUITMENT, SELECTION AND EMPLOYMENT 5.1 Open Competition All positions covered by these policies shall be open to all persons who possess the requirements for the positions as indicated in the official class specifications. The recruitment objective is to obtain, well qualified applicants for all vacancies with selection based on the best qualified person available at the salary offered for the particular position. ht no evei4 shall a n c o vered b y th is De pl a n , l _ ('.. .. af t.........t No administrator- or- any other- per- . visef:y pesitien shall have i:mdef his or- her- diFee4 . IiY effiPleYee whose relationship is of the first or- seeend Y S �m� b the n e .r VLi T either- by bleed er- MftfT-iftge. In the S tr-af sfefeed to an other - os it:e «_F r whieh he a s he ..1 -_ __ __ t . ,, e s spouse, soft, f aunts > , nephews and first ee All requests for reasonable accommodations from potential applicants or as necessary for the retention of an employee will be considered as required by the American Disabilities Act provided that the limitation does not impose an undue hardship upon the County or does not _jeopardize the position through direct threat to a bonafide occupational qualification. 5.2 Original Emplovment An individual beginning employment with the County for the first time shall e, xce A as described below usually be placed at the first step of the pay range established for the class in which he/she is employed and that employment date should be defined as his pay ertFy base d ate of hire n,,,,asionally however-, b Based on a new employee's prior e2Mcrience, proficiency, and other relevant criteria in the same or related capacity, placement may be accelerated within the assigned range upon approval of the County Administrator within current budget restraints. Appointments may be made below the minimum for a person who lacks the desired qualifications of the position; such persons are considered Trainees until such time as they acquire the minimum qualifications, at which time they are advanced to the normal entrance salary of the position. 5.3 Anniversary Dot When an ... k - .7 __ wefk PROF- to the 1 Sth of the month, the anp�vefsaFy date shaI4 be established 5.4 Reemvlovment When an individual is re- employed after a separation of thirty (3 ()) or more calendar days, a new pay ° date of hire shall be established to dete,_.,,;f.e f,t , e date that w ill b e t h e basis for computation of all merit increases and other salary adjustments. A returning employee who is re- employed will, except as described below, , a- Abe placed at the lowest step of the position's approved pay range. Oe a lly, .e-I- Based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the fourth step of the assigned range may be made upon recommendation by the Department Head and approval of the County Administrator. All time earned in previous employment shall not be counted toward the probationary period, annual leave, service awards, or m other longevity based eii employment ee.,d,t, g ty ens erbenefits or benefit Rather, only that time earned following actual re- employment shall be counted. 5.5 Reinstatement An individual returning to the employ of the County within thirty (30) or less calendar days of separation, shall return to duty in the same position and class subsequent to the approval of the Department Head and the County Administrator. The appropriate pay step within the approved range of the class for all reinstated employees shall be determined by the County Administrator. Pay °-i *M b a se Hire dates for all reinstated employees will remain the same as that associated with prior eWlo3gnent. All time earned previous to reinstatement shall be counted toward the probationary period, annual leave, ete service award or any other longevity based program or benefit. " at eme 6 . Additionally. accrued paid leave will be utilized to cover the actual time missed rrior to reinstatement. Should 12aid leave not be available, leave without pay will be utilized_ to cover the actual time missed prior to reinstatement. 5.6 Temporary Em to went Persons may be appeiec employed to temporary positions without commitment as to tenure. Temporary employees may be part -time or full time amore -not eligible for benefits and subject to re- evaluation by Department Head 5.7 Temporary Atmointments Persons may be appointed to temporary positions without commitment as to tenure. Temporary appointments are for full time, benefit elig ble positions and subject to re- evaluation by Department Head. Temporar appo intments are also eligible for a salary increase with the approval of the Department Head and County Administrator. 5.78 Reclassification When such a position cannot accurately be described or compensated by assignment to an existing class or position, the County Administrator shall establish a new class or position, based upon written documentation submitted by the Department Head, with appropriate range and title, subject to approval by th the Board of Supervisors. A reclassification is the assignment of the employee's regular and continuing duties to a descriptive and commensurate class or position. Reclassification does not adjust the employee's s hire date. 5.8 Promotion head, greater— Based u on recommendation b the De artment Head employees may be considered for promotion and their salary may be adjusted The County Administrator shall have the final authority to approve such promotions and any corresponding salary adjustments. ° —.The effective date of all promotions will be the first day of the pay period in which the promotion takes place. Employees who are promoted and are eligible for a merit evaluation may receive the scheduled merit increase. 5.9 Transfer Between Departments aoiien shall apply -.-When an employee makes a l-ateFa4- transfer between departments and the ,.lass of positi•ea, no change of status or anniveF&aFy- hire date occurs. 2 5.10 Appointing Authorities The appointing authority is the person or group of persons having authority to make appointments under the laws of the State and the County. Each Constitutional Officer is the appointing authority for his department. The County Administrator approves appointments for all other positions covered by these policies; howevef additionally the Board. of Supervisors appoints the County Administrator. 3 V1. PROBATIONARY PERIOD - , Re emplevme jt � eins Late Ire t. ^ 6.1 Objective The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work and all other attributes of the employee's erformance required to perform the job in an acceptable manner for securing the most effective adjustment of an employee to his position;, and -for FeJee4 . ngte_rmin any employee whose performance or other attributes of the em to ee's erformance required to perform in an aces table manner is not satisfactory, and for counseling and/or disciplining an employee and reviewing the work of such employee following counseling, 6.2 Duration The probation period shall be six (6) calendar months for County employees and twelve (12) calendar months for law enforcement, correctional officers, communications officers, and firefighters /EMI's following an original employment or re- employment Prom tion, OF '" fisf r- betwe d epartmen , s within the Gettat yCounty, unless pursuant to 6.5 where probation will be extended Counseling/disciplinary probation shall be such period up to six (6) calendar months as recommended by the De artment Head and approved by the County Administrator to commence after meeting with Department Head and employee. 6.3 Promotional Pmbation a. Sheuld an employee be promoted dui*ng theif i nitial begun-again, b, Should an employee be promoted to a Posit whielt i s of n fate w it h the s�fwn, the fT-ah0ionary period shall be t4ilized. , Y ,._ ..., v d vuprvvarrv=r. 6.4 Pru ress Meetin The immediate supervisor /department head may request a progress meeting with the probationary employee at any time, to identify successes and shortcomings. The content of the meeting must be I documented in writing and a copy made available to the employee. and the 1 r- pleyee pers onnel ,. , . ,, - A- t ,, the � , e t follow -up r .� � - r —v, � WRU� �ntent� Subseq may be requested to review the employee's progress toward a satisfactory performance evaluation. f 605 Probationary Evaluation: The Department Head shall indicate in writing via the appropriate evaluation form: a. That he has discussed with the employee the employee's accomplishments, failures, strengths and weaknesses. b. Whether the employee is performing satisfactory work. C. Whether the employee should be placed on extended probation; or d. WWhe r cl AaJ1 AAA41 V e. * *Whether the employee should be dismissed. If at the end of the normal probationary period there is doubt about the employee's capability or willingness to perform satisfactorily, the probationary period may be extended to a maximum of an additional six (6) months, upon recommendation of the immediate supervisor and eense 4-- approval of the Department Head. I ** A rn empleyee while in , the is not eligible for- the gFievanee pr-eeedur-e, M Cr i t VII. PERFORMANCt EVALUATION 7.1 Obiective The purpose of the full time employee performance evaluation shall be primarily to inform employees about how well they are performing their work and how they can improve their work performance. The performance evaluation shall also be used in determining salary increments, as a factor in determining order of lay -off, as a basis for training, promotion, demotion, transfer or dismissal, and for such other purposes as set forth in these regulations. 7.2 Period of Evaluation From the date of original appointment, or re- employment, Feinstatemeet, promotion, of truRs between depaF timentswith the County, all fall time employees shall be evaluated at the end of the sixth (6) month of service, twelfth (12) month for lays enforcement, correctional officers, publi: communications officers, and firefighters /EMY s , and on a yearly basis thereafter. An employee shall not be eligible for a pay raise until the performance evaluation form has been completely processed. Department Heads shall be responsible for the timely processing of perse ffel- ertormancc evaluations within their department to insure that an employee's merit increase is not delayed. When an empleyeeis a sent ffam his pesition for Mer than twelve (12) eenseeu4ive weeks the 7.3 Evaluation Evaluations shall be conducted by the Department Head or at the De artment Head's discretion. immediate supervisor. An employee shall have the right to review, and request a copy of any or all evaluations made of him. 7.4 Review with Employee Upon completion of the evaluation the employee shall *ee have the opp ortunity to sigq noting on the evaluation form, that the evaluation is agreeable ef he fna� request a seeend review with t evaluateF. was received and an /all questions were addressed. 7.5 Appeal of Effialeyee Evaluation Any fall time CeuE4y employee who f�els that his per-CarmaRoe eval iation is not eefFeet shall have the fight to appeal to a higher- level ef autheFitY withill five (5) work4ng days of the evaluation.: 3. hq the ease of-Depat4mefft Heads, appeals will be r-efeffed to the Personnel 14R Gelmnittee fe r-esehitiefr 7,65 Supplemental or Revised Evaluation The County Administrator may prepare, or request preparation of, a supplemental, revised or interim evaluation for any employee. Paragraphs 7.4 and 7-.-5-shaU apply to any revised, supplemental or interim evaluation. VIII. WORK FOURS, HOLI DAYS, LEAVE 8.1 Hours of Work — The official hours of work for the County shall be as follows: Offiee andAdministr-ative Personnel 8:00 a.m. to 4--.30 p.m. or 9 :4 a.m. to 500 p.m. Monday thFou Friday. Fiekd-- xerses shall work gener-ally fr-am 9-:00 a.m. to 5:00 p.Fn. daily Menday through FFijay. BeeaUse-Of heUf-. j,--IAr R-Af4elf-P—Affl- per-safmol will work vaF3,ing shifts i.e. eight 3 , 6A - elVO( tat afl t",e.,t„ f r 24) h vuz S based th e nee o f th e a i4 t _Generally, office upen - vu�vcr hours are from 8.00am to 5:00 m. Individual work schedules are set at the Department Head's discretion based upon business requirements. 8.2 Holidays PelEi The County shall observe all federal and state holidays and other such holidays as may be prescribed by the Board of Supervisors. When a holiday falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. if full t im e em i , h S h a ll FOe8 ano d o 9 w ith p a y a t th s t ra ight ti ra All full -time employees of the County shall be entitled to holiday benefits. Current holidays observed by the County 44are: Lee Jackson Day (state) Martin Luther King's Day (FeE) Presidents Day (Wash/Linc) { Apple Blossom Festival (LOOM) Memorial Day (Fe4) Fourth of July (Feel) 8.3 Paid Time Off Policy Labor Day Columbus Day Veterans Day (Fe-4) Thanksgiving Day ( 1104 ) Day after Thanksgiving (Local) Christmas Day (Ped) New Year's Day (Fed) Frederick County recognizes th at employees have diverse needs repuinne time off from work and believes that employees should have opportunities to enjov time away from work to help balance their lives. The County has established this Paid Time Off policy to meet those needs. Employees shall be accountable and responsible for managing their own paid time off hours to allow for adequate reserves to cover illness, disability, appointments, emergencies. or other needs that require time off from work. Eligibili Active, regular full -time employees in benefit eligible positions Paid time off begins accruing upon hire or transfer into a benefit eligible position Accrual of Paid Time Off Accruals are based upon paid hours up to 2080 hours er year excluding overtime. For Firefi hters /EMTs accruals are based upon paid hours up to 2600 hours per year excluding overtime, provided that is the employee's regular work schedule Length of service determines the rate at which the employee will accrue Paid Time Off. Employee becomes eligible for the new higher accrual rate on the first day of the next p L ay period in w hich the employee's anniversary date occurs_ Paid Time Off shall not accrue during unpaid leave of absences that last longer than one pay period. Paid Time Off shall accrue as follows: Years of Service Accrual Rate per Month Annual Accrual Maximum Accrual 0 -5 14 Hours 168 Hours 280 Hours 5 -10 16 Hours 192 Hours 320 Hours 10 -15 18 Hours 216 Hours 360 Hours 15 -20 20 Hours 240 Hours 360 Hours 20 -25 22 Hours 264 Hours 360 Hours 25+ 24 Hours 288 Hours 360 Hours Firefighters /EMTs on 2600 hours per year schedule, Paid Time Off shall accrue as follows• Years of Service Accrual Rate per Mouth Annual Accrual Maximum Accrual 0 -5 17.5 Hours 210 Hours 330 Hours 5 -10 20 Hours 240 Hours 380 Hours 10 -15 22.5 Hours 270 Hours 430 Hours 15 -20 25 Hours 300 Hours 430 Hours 20 -25 27.5 Hours 330 Hours 430 Hours 25+ 30 Hours 360 Hours 430 Hours Scheduling and Usage of Paid Time Off Paid Time Off may be taken in increments as low as one half hour Whenever possible, Paid Time Off must be scheduled in advance It is subject to supervisory approval, department staffing needs, and established departmental procedures Notwithstanding the accrual basis employees may only take Paid Time Off hours that have actually been accrued. Unused Paid Timc Off balanccs shall carry over from year to year until the maximum amount of hours is reached. If the employee has used at least forty (40) hours of paid leave within the previous twelve (12) months, then once the maximum amount has been reached, Paid Time Off will continue to accrue with the excess hours transferring into the employee's Individual Disability Account. If the employee has not used forty (40) hours of paid leave within the previous twelve (12) months, then once the maximum amount has been reached Paid Time Off will not accrue over the maximum amount allowed. Payment upon Termination Upon separation or retirement, an employee's accrued but unused paid time off shall be paid out up to their maximum accrual levels according to their corresponding, years of service. The pay out shall be at the employee's rate equivalent to 112080 (or_ 1/2600 for Firefighters/EMTs) of annualized base compensation, subject to taxes and any other legally required withholdings, Terminating employees may not use Paid Time Off to extend the last day of employment. Annual Leave Poliei. All full time employees of the goupty of PredeFiOk shall be gFafifed annual loaA by t a —moo dam, pe mo nth fore e menth employed tw r 1 2 days ays h ,,, throu gh the fifth year of employment. Ma*imufn aoeumulation lAventy four- (24) days - 1 92 b. One and one quaFtor- days per- fmonth fer- mffflith -employed after- the fifth yaaF-of employmentfi-fteen (15) days. N4a?EimuinaertimulationthiFty(30)Elays 0. One and ofie half: days per- mefitb for each month employed after the taflih 5'eaF Of employment eighteen (18)days. Maximum aeo-um-ulation thiA:y six (36) days - 288 houfs, d. Ons- and- three quarter- days per month for each month employed after- the fifteenth year 0 employmefl! twenty one (21) Elays. �14-A-w-iffl-HPA -AO-,6UfHUjatjOn jS fOft5'tWE) (42) days - 336 homr-s employinent twonly four- (24) days. Mfflijmum aeetimulation is forty eight (48) jays - 394 �` �° hours.*** f. Two and one quarter- days per- month for- eaeh menth employed aftOF thO AN'Olity fifth YeaF OfOMPIO�'fflfflt. Maximum aeetimuiation is fifty four (54) days - 432 ** * * e & f, M i I I # 41vill be at fo�rtive days - 336 our-sy: EfjjpjE)Y6A-S A-14 -ARMIH-Al leave shall be paid their- prevailing wage based on the seheduled work week. Employees while on annual leave will not be permitted to claim sicolk leave or- fi-Ineff-al leave during Annual leave sehadules shall be planned by DepaAffien! Heads so as to obviate the need Except in cases E)f illneSS OF i . Upon- separation or retirement, a fall time employee shall be paid for all aeomed annual leave fiat r d+ +, F 7 r cv- v cf� oi�cfxvuiT r s 4 iT��yS � t6 ��£? &r5� th�3"t� 0 TElaTS 5 t9 10 yeccrSa 1 fears; and fe two (4 2\ 1� aTS and eve th-p- event of cleath of the empleyee any wages due and payah-le to si-aid- _efflplayee shall he paid in accordanee with the Statutes as set foi4h in the GE)da of Virginia 1950 as amunded. $.4 Individual Disability Leave Policy Individual Disability leave is leave that an employee can reserve to use for longer term sickness or illness. An employee may use Individual Disability Leave for a medical situation involving the employee or a family member of the employee, when the situation lasts longer than 3 consecutive days of work (24 total work hours). Eligibility Active, regular full -time employees in benefit eligible positions. Eligibility begins upon hire or transfer into a benefit eligible position. Accrual of Individual Disability Accounts Accruals are based upon hours that automatically transfer from the employee's Paid Time Off when it has accrued over the maximum amount allowed per the Paid Time Off policy. There is no maximum accrual for Individual Disability Leave. As long as the employee is at their eligible maximum amount allowed for Paid Time Off, the excess hours will automaticall y transfer into the employee's Individual Disability Leave account. Scheduling and Usage of Individual Disability Leave Individual Disability Leave may be taken in increments as low as one half hour. Whenever possible, Individual Disability Leave must be scheduled in advance. It is subject to supervisory notification and established departmental procedures. Twenty -four hours, or the balance of the employee's Paid Time Off if the balance is less than twenty -four hours, must be used before Individual Disability leave can be taken. Notwithstanding the accrual basis, employees may take only the Individual Disability Leave hours that have actually been accrued. The use of Individual Disability Leave must be accompanied with a doctor's note verifying ing the length of time medically necessary to be absent from work. Payment upon 'T'ermination Emplovee must have completed 5 nears of uninterrupted service to be eligible for the Individual Disability leave pay out. Upon termination, an employee's accrued but unused Individual Disability Leave will be purchased at the rate of $3.00 per hour up to 2,000 hours, subject to taxes and any other legally required withholdings. Terminating employees shall not use Individual Disability Leave to extend their last day of employment. illness Sick leave is gFanted at the rate of one and ane quafter- days peF fnenth (IQ hours) with fie confinement medieaWdental appointments or bodily injury sustained dUFingHBfl WOFkiflghOUFS. "Qualifying" fafaily member- shall be defined as the empleyee and ] ] r ] brathff r ] l stepparent resi h andle d bousehold as the employee. (Bodily iftjaFy of the ampleyee sustained on the job sh-I 1 he " an w ith the in jufy L eav e Pah paFa. 8 leave seheduled Fnedirpal PFE)Pqd4lr-A of-the eniplayee and�er qualifying family nieniheF. in situations when pfier netifieation is not feasible, a eeAifieate fiFem a physician shall be presented to the immediate SHpOFN'iSE)F as seen as possible aker the procedwe. if the absenee iS Stieh that ME)FO than thFOO (3) r.OnSOGLAiN'OA days are used f@F siek family fnembef:'s physician, in case of illness, the empleyee shall notify his irnmediate superviser. An employe� abuse of this peliey may result in !he AMBIR-6AR"; immi4diatk dkMissal fr-Ofn the employment-of th O The ph. „' s w ritte n state shall i b. The expeeted date the employee will be able to rwAum to neFmal duty (as appFE)pr-iate)-. leave days are r ethef appr-epr-ia4e leave paheies may b utilized (i.e. annual leav@—,"' leave bank, leave without pay, ete.). A bsepee- f-Ar- A-job injuf-y shall be recorded as injtwy leave. Upon sepafation or- re-tin-Affient, a full tifne emplayee shall be paid out at the rate of tWO FW P 0 ],t (25,04o) of th ed sick leave no t to e $2 Fa mily Medical I A e !T. A/6T A� The Ce h all ad hpr -p 4p, the Family Medioal Leave Act (FN46k). The f9liewifig is a general To qualify an employee must have: 1 t .t Coun f ,�rked "+ least HFS 'sT ^ vrxc ° va x�vi Fr ®df3i }6lE �'91�3ry -rorut lei�n "t- 1- Zi�iBI}t�Fs-f!" ]] ?S 7 a f a I,.Y'�I x� f amily � 1. z. ^ a j ° oi ioo5 ix ° oai 6aI 68n iti of the emp eyee or Q�Ybt :� , a s d per FMLA :3. . .d. ^ f use o f FA4LA p con th R eFsoflnel 8.5 Family Medical Leave Act (FMLA) Frederick County will comply with the Family and Medical Leave Act implementing Regulations as revised effective October 28, 2009. The County posts the mandatory FMLA Notice and upon hire provides all new employees with notices required by the U.S. Department of Labor DOL on Employee Rights and Responsibilities under the Family and Medical Act in the new employee orientation package. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of anv conflict between this policy and the applicable law, emplovees will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact the Human Resources Director in writing. A. General Provisions Under this policy, Frederick County will rg ant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious in'u�yl or illness) during a 12 -month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this op ltcy. B. Eligibility To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions: 1) The employee must have worked for the County for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement including a collective bargaining agreement, stating the he employer's intention to rehire the emplo ee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. 2) The employee must have worked at least 1,250 hours during the 12 -month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1.250 hours eligibility test for an employee under FMLA. 3 The employee must work in a worksite where 50 or more employees arc employed by the County within 75 miles of that office or work The distance is to be calculated by using available transportation by the most direct route. C. Type of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: 1) The birth of a child and in order to care for that child. 2) The placement of a child for adoption or foster care and to care for the newly placed child. 3) To care for a spouse, child or parent with a serious health_ condition (described below). 4 The serious health condition described below of the employee. An employee may because of a serious health condition that makes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long -term nature, resulting in recurring or jengthy absences. Generally a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. Employees with questions about what illnesses are covered under this FMLA policy or under the County's sick leave policy are encouraged to consult with the Human Resource Director. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy the County ma designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier_ leave meets the necessga qualifications. 5 Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. An employee whose spouse son daughter or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's call- up or service. The qualifyjng exigency must be one of the following: 1 short- notice deployment 2) military events and activities, 3) child care and school activities, 4) financial and legal Arran ements 5 counseling 6 rest and recuperation, 7 ) post-deployment activities and 8 additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. "Covered active duty" means: (a) in the case of a member of a regular component of the Armed Forces duty during the deployment of the member with the Armed Forces to a foreign country; and b in the case of a member of a reserve component of the Armed Forces duly during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101 {a) {13) B) of title 10, United States Code. The leave may commence as soon as the individual receives the call -up notice (Son or daughter for this type of FMLA leave is defined the same as for child for other jypes of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee's 12 -week maximum of FMLA leave in a 12 -month period. 6) Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12 -month period to take care of leave to care for that service member. Next of kin is defined as the closest blood relative of the ipjured or recovering service member. The term "covered service member" means: (a) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therap , is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or(b) a veteran who is undergoing medical treatment, recuperation or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserved at any time during the period of 5 years preceding the date on whicb the veteran undergoes that medical treatment, recuperation, or therapy. The term "serious injury or illness ": (a) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated_ by_service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or ratin • and (b) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. D. Aniount of Leave An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (5) above under this policy during any 12 -month period. The County will measure the 12 -month period as a rolling 12 -month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the County will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time. An eligible employee can take up to 26 weeks for the FMLA circumstance (6) above (military caregiver leave) during a single 1.2 -month period. For this military caregiver leave, the County will measure the 12 -month period as a rolling; 12 -month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If a husband and wife both work for the County and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in- law ") with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the Counjy and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave. E. Employee Status and Benefits During Leave While an employee is on leave, the County will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the County will require the employee to reimburse the County the amount it paid for the employee's health insurance premium during the leave period. Under current County policy, the employee may - pay a portion of the health care premium. While on pai leave, the employer will conti to make payroll deductions to collect the employee's share of the premium. While on unpaid leave the employee must continue to make this payment either in person or by mail. The payment must be received in the Human Resources Department by the I" day of each month. If the payment is more than 30 days late the employee's health care coverage may be dropped for the duration of the leave. The employer will provide 15 days' notification prior to the employee's loss of coverage. If the employee contributes to a life insurance, disability plan or any other voluntary contribution, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee may request continuation of eligible benefits and pay his or her portion of the premiums. If the employee does not continue these payments, the employer may discontinue coverage during the leave. F. Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. This requirement will be included in the employer's response to the FMLA request. Generally, an employee who lakes FMLA leave will be able to return to the same position or a position with equivalent status , pay, benefits and other employment terms. The position will be the same or one which is virtually identical in terms of pay, benefits and working conditions. The County may choose to exempt certain key employees from this requirement and not return them to the same or similar position. G. Use of Paid and Unpaid Leave An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established sick leave policy.. Disability leave for the birth of the child and for an employee's serious health condition, including workers' compensation leave to the extent that it qualifies) will be designated as FMLA leave and will run concurrently with FMLA. For example if the employee is eligible for six weeks of worker's compensation leave, the six weeks will be designate as FMLA leave an counted toward the employee's 12 -week entitlement. The employee may then be required to substitute accrued (or earned) paid leave as appropriate before being eligible for unpaid Ieave for what remains of the 12 -week entitlement. An employee who is taking leave for the ado tion or foster care of a child must use all paid leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all aid leave prior to bein ell ible for unpaid leave. An employee using FMLA militaEy care give leave must also use all paid vacation and sick leave (as long as the reason for the absence is covered by the County's sick leave policy) prior to being eligible for unpaid leave. H. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks may use the leave_ intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12 -month period). The County may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances of when leave for the employee or employee's family member is foreseeable and for planned medical treatment including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. For the birth adoption or foster care of a child the Coun and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member the employee should try to reach agreement with the County before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. I. Certi . cation or the Employee's Serious Health Condition The County will require certification for the employee's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide_ certification may result in a denial of continuation of leave. Medical certification will be provided using the DOL Certification of Health Care Provider for Employee's Serious Health Condition (http: / /www.dot.gov). The County may directly contact the employee's health care provider for verification or clarification purposes using, a health care professional, an HR professional, leave administrator or management official. The County will not use the employee's direct supervisor for this contact. Before the County makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the County will obtain the employee's permission for clarification of individually identifiable bealth information. The County bas the right to ask for a second opinion if it has reason to doubt the certification._ The County will pay for the employee to get a certification from a second doctor which the County will select. The County may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the County will require the opinion of a third doctor. The Coun1y and the em to ee will mutually select the third doctor, and the County will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and /or third opinion. J. Certification for the Family Member's Serious Health Condition The County will require certification for the family member's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification_ will be provided using the DOL Certification of Health Care Provider for Family Member's Serious Health Condition (http: / /www.dol.gov). The County may directly contact the employee's family member's health care provider for verification or clarification purposes using a health care professional, an HR professional leave administrator or management official. The County will not use the employee's direct supervisor for this contact. Before the County makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules the Coun will obtain the 10 employee's family member's pennission for clarification of individually identifiable health information. The County has the right to ask for a second opinion if it has reason to doubt the certification. The County will pay for the employee's_ family member to get a certification from a second doctor, which the County will select. The County may deny FMLA leave to an employee whose family member refuses to release relevant medical records to the health care p rovider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the County will require the opinion of a third doctor. The County and the employee will mutually select the third doctor, and the County will pgy for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and /or third opinion, K Certification of Quali ping Exigency or ±Military Family Leave The County will require certification of the qualifying-exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable cxplanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave (http: / /www.dol.gov). L. Certification for Serious Injury or Illness of Covered Service member for Military Family Leave The County will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Service member (http : / /www.dol.gov), M Recertification The County may request recertification for the serious health condition of the employee or the employee's family member no more frequently than every 30 days and only when circumstances have chan ed significantly or if the employer receives information casting doubt on the reason given for the absence or if the employee seeks an extension of his or her leave. Otherwise, the County may request recertification for the serious health condition of the employee or the em to ee's family member every six months in connection with an FMLA absence. The Counly may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition. N. Procedure {or Requesting FMLA Leave All employees requesting FMLA leave must provide written notice of the need for the leave to the HR Director. Within five business days after the employee has provided this notice the HR Director will complete and provide the employee with the DOL Notice of Eligibility and Rights (http: / /www.dol.gov). When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable the employee must comply with the County's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. O. Desjoation of FMLA Leave 11 Within five business days after the employee has submitted the appropriate certification form, the HR Director will complete and provide the employee with a written response to the employee's request for FMLA leave using the DOL Designation Notice (http: / /www.dol.goy). P. Intent to Return to Work From FMLA Leave On a basis that does not discriminate against employees on FMLA leave, the County may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. A depafling employee shall be peFmiaed to donate up to fifty (50) Elays (400 hours) ef Cheif unused siek leave to the SL9, (theFe is no payeut on SLB the a rafouns nr+ , , 9 o d t the mem n j t a n d ua vv ,icvrrrcvivcc by4he Personnel Offi . d th G,,,, , A a,., mi 96 Extended Disability An empleyee m has used all of his arcufi4ulated geneFal leave and is absefi4 4)F an 8?ctanded pe riod L excuse o f illness o c id e „+,,.,., j , b eafitinue l on the p at h pa f or Admi F.-. dOte fTfl i fl i flg �,lhatl, r t,, „t rl,: ,l; e ti ]o ;,lo .,t; W ill hA employee given 19 the lang4h ofsefviee, the qu e, and the leaVe FOGerd of the $.76 Workers' Compensation T_ he County may pay related medical expenses —at no cost to the employee—for an accident or qualifying illness that occurs as a result of work. Workers' compensation covers e is 12 ... ..................... . ..... SLOM . W - ----- ---- -- - • Un A depafling employee shall be peFmiaed to donate up to fifty (50) Elays (400 hours) ef Cheif unused siek leave to the SL9, (theFe is no payeut on SLB the a rafouns nr+ , , 9 o d t the mem n j t a n d ua vv ,icvrrrcvivcc by4he Personnel Offi . d th G,,,, , A a,., mi 96 Extended Disability An empleyee m has used all of his arcufi4ulated geneFal leave and is absefi4 4)F an 8?ctanded pe riod L excuse o f illness o c id e „+,,.,., j , b eafitinue l on the p at h pa f or Admi F.-. dOte fTfl i fl i flg �,lhatl, r t,, „t rl,: ,l; e ti ]o ;,lo .,t; W ill hA employee given 19 the lang4h ofsefviee, the qu e, and the leaVe FOGerd of the $.76 Workers' Compensation T_ he County may pay related medical expenses —at no cost to the employee—for an accident or qualifying illness that occurs as a result of work. Workers' compensation covers e is 12 provided for full -time, part-time and temporary employees. In addition the employee may be entitled to compensation to help offset the loss of wages while unable to work. Employees do not share in the cost of workers' compensation; the County pays the entire cost. Any work - related injury or illness must be immediately reported in to the employee's supervisor. The Report of Accident or Injury and the Panel ofPhysicians must be completed by the supervisor and employee and forwarded to Risk Management within two days of the accident. These forms are to be completed even if the employee does not receive medical treatment (record only). The County's Workers' Compensation carrier will investigate and review all claims submitted for eligibility and compensability. State law allows the County to designate physicians that the employees must choose from for an examination verifying the extent of the injury or illness. If an employee chooses to be treated by a physician other than one on the County's panel of physicians, the employee may be responsible for medical expenses related to that treatment. During the first seven calendar days that an employee is absent from work because of job-related illness or injury, the employee must use accrued sick leave hours to receive full pay. After the first seven dam employees receive a percentage of their salary as set by state law. In order for the employee to receive full salary, the remaining percentage will be covered by use of the employee's paid leave, to include sick and /or annual leave. Should the employee not have enough paid leave to coyer the difference between the wage replacement benefit and full salary_ amount, leave without pay will be used. Additionally, further paid leave benefits will not continue to accrue while the employee is out on workers' compensation. If the employee is absent more than 21 calendar days because of an approved job - related illness or injury the County will reinstate the leave that was used. When an employee receives wage replacement benefit payments from the workers' compensation carrier the County is notified of the employee's Payment. This benefit Payment amount is then deducted from upcoming for the employee. These reductions to the paychecks continue until all benefit payments are recovered. Q uestions regarding workers' compensation may be directed to Risk Management. lnjut5 leave may he gfanted to protect an employee whan he has sustained it of or- in the course of the peff4mance of his leb. 'p P� the discretion of the PeFSORDO! POPEAFfleflt, CIO kcat may be gFaRted mtum tolA following an on the jA-h- if an employee does not Fetum to work upon the ONPiFatiOR of his appr-oved leave pefied, after- investigming the eircumstanees, and with bur-den A v-ae-ati-an Itea-ve-or take disGiplinaFy aetion, upon notification to the employee of+ ba aetion, Durin da of r full pay will be allowed. PONOWing thi o Ode f or - n ot i, o.. th th iFt (3 6) . ,, � neeessaFy absenee, the employee shall be allowed the differ-enee between compensation allowed ,,.-#or thO Worker G payable Such 13 a., v . i 1, l ho o., +; +1°a t b L „ e is af f i ,a F 4' 1,v ,,. xi vn,�"r " l rccrrvc ..., c,..vu v v �u.u, u� u v. v,iures, rvx - x•_x �+vr orcmrv" + t a 1 + fallowing — Employm— 12 weeks rte 10 veal =s 24 weeks �ver�A YeaFs 36 1 0"o el . - S Af4er- the period of disability stat@d above, the employee w4l be dFopped tOFap8FRfijy °v r n —: +' . 41 _ Minn t pay the em play ees share : f ,.. °,.., .ms during the periods stated abo`te. after th e Period of di� tad al3n „ ° the C :11 n +. 41 , .. pvxx� of erghtoerr (19) months after- being 4opped flAm tha payroll, 4 be at the of th pl expense i f th° em ployee -is F'eAed, the employee must f-eimburmse !he County foir Werkff'S Compensation payments i fOF the fir-St SON'On (7) ealendar jays @ an d any o th er f jjR d S feee�Ve,l Over and abev@44e emplayee's regular salaf=y paid by the Count) in ae-e-A-44-mee AA Seetion 6 _ 5 m I A;� 4the Vi i i 1ALeAer's Co mpensatio n A et Annotated 1992 Use of Sick and Vacation LeOlVe if up of the eempensation period stated above, the empleyee is unable to vaea tion l eave ek li% it efsueh acermual and °,.,.,,':€,s. �:.';t:,, nt' h 11 1 1 .41 W �v�r a Compensation Aet shall not be deducted f+,om these sa payments. Nomial eamings and credit of vae atio n - A nd el le ave shall be ap plied +e th e em .l, „ th odd ,-;h d thi Pa ling is 1 1, h 11 ha d to siek l Wh �, „lo l + 1.° ; of t "'ua raraSoixov iaxaxr o rlj6 c ®a�6� yen and lfthe t "j" then eharge form the :.bsen. e wi b ch arge d r , l eave d a fl ,.1, 1., r - es to F ed . 8.97 Funeral Leave F y The purpose of this policy is to provide an employee with leave in the event of the death of an "immediate” family member. Funeral leave shall be defined as leave with pay granted to regular full -time employees only upon the death of a member of the ,immediate family. "Immediate" family member shall be defined as: the employee and spouse's: parent, grandparent, son, daughter, brother, sister, grandchild, stepchildren, stepparent, guardian, LLu .t, uncle, niece, nephe and any persons residing in the same household as the employee. Paid lfuneral leave shall be granted by the Department Head if requested by the employee for a period of up to, and not to exceed, three (3) consecutive working days. This leave shall commence upon notification and approval by the Department Head. In the event of multiple deaths in the employee's immediate family, each death shall be treated separately and the funeral leave shall be granted accordingly. leave Employees while on annua sisk, or- holiday leave will not be permitted to eal-Aimi fiUneral 8.38 Court Leave u 14 An employee's absence from work for jury duty or for attending court in a non - official capacity as a witness shall be defined as "court leave ". Any person who is summoned to serve on jury duty or any person, except a defendant in a criminal case, who is summoned or subpoenaed to appear in a court of law when a case is to be heard shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such jury duty or court appearance, upon giving reasonable notice to his employer of such court appearance or summons. An employee having been granted court leave shall be compensated at the regular rate of pay during these court appearances. Any compensation for jury duty as well as for witness service may also be retained by the employee. Employees summoned by a court for the purpose of qualifying for jury duty are entitled to court leave for the actual period of absence, whether or not they are selected to serve. If the employee's PFe o„ O is re 4 th „ a ay n the event that there is at least three (3) hours left in the workday the employee is required to return to work. Any employee who fails to return to work shall be subject to the loss of pay for that day. 8.149 Military LeaveTolicy The purpose of this pelicay is to pr County Leave in which an cm fee's absencee` is required to fulfill military training/active duty obligations for the Armed Forces of the United States, Reserve Forces, National Guard or Naval Militia or any of the branches of the U.S. Armed Forces shall be defined as "military leave. " Employees are entitled to fifteen (15) work days of leave (per federal fiscal year (October 1 through September 30) -from his duties without loss of accumulated leave or regular salary_ * Virginia, aeeor-daneewith the Cede of (AFtiele 10� Section 44 93 and Title 14 of the Wniled St umes ,r Ch 43 S 2024 (d)) Once the 15 -day entitlement has been exhausted during the federal fiscal year, the employee must then begin to use accumulated leave, and leave without pay (LWOP) if necessary, for continued military leave. hours, and has not sompleted a full year- evaluation period, 4he evaluation will be e en di 11 P_ t ed upon the efnpleyee�s return. The evaluation seeFeswill be used for- r-eeord purposes Pat aver-age perGentage merit increase, as appFeved each year- by the Board of Super-visor-s. Sueh in'Gre—awe will he paid retr-oae4ive only te the pay per-iods in which the empleyee was absent and The fflai:k evaluation diate- i'vill ;;At shange (unlike otheF absences see VII see, 7.2 The Department Head must present to the l- HR Department a copy of the employee's orders prior to the effective date of the utilization of military leave. 8.4-10 LEA T E WI r PAY L eave Without Pay (LWOP) An employee who has exhausted his accrued leave may request to be placed on leave without pay for a specified period when approved by the County Administrator_ Sueb lem shall ; : dinarily he limited to a paFiod of six (6) menths . Employees on approved leave without pay shall be permitted to continue their hospitalization, dental and life insurance coverage under the County's group policy at the employee's expense. 15 Vi a. Educational Leave A full time employee may be given a leave of absence for a maximum period of one year to take training in educational institutions which would benefit him in the performance of his County duties. Upon recommendation of the County Administrator, Pfull or partial pay may also be granted for a limited period of educational leave when provided for in the current approved operating budget. Educational leave must be approved by the Board of Supervisors. S:T3b. Unauthorized Absence An employee must notify his immediate supervisor within two (2) hours of the beginning of scheduled commencement of duties if he is going to be absent. An houi,4 - employec who is absent from duty without approval of his supervisor shall receive no pay for the duration of the absence, and all employees absent without authorization shall be subject to disciplinary action, -as . It is recognized that there may be extenuating circumstances for unauthorized absence and due consideration shall be given to each case. Absences for Less Than a Full Work Day Exempt employees absent for less than a full work day shall not have their pay reduced on account of such absence, but they may be required to use any leave available for such absence. 841d Absenteeism All employees of Frederick County have important jobs. Because of this, if an employee is unable to report for duty he must notify the supervisor in charge prior to the beginning of the shift if physically possible. Recurrent absenteeism and tardiness interferes with the functioning of the County, and upon continuance, will result in disciplinary action. 16 IX. TRAINING POLICY With prior approval of the County Administrator, in such forms as may be prescribed by him, employees shall be reimbursed for all reasonable expenses incurred in participation in short courses, seminars, conferences, meetings, etc., coincident with the employee's routine responsibilities with the County. With prior approval of the County Administrator, employees may be reimbursed for the cost of tuition and books for actual undergraduate class attendance or far- correspondence courses, satisfactorily completed with achievement of a Grade "C-13" or better which are directly related and which will enhance the employee's ability to perform the job for which he was hired. Employees who have successfully completed an undergraduate degree may be reimbursed for the cost of tuition and books for satisfactorily completing a graduate degree program in a job- related field with a grade "B" or better. Employees achieving less than a -Grade "C"- the required grade will not be eligible for reimbursement. With approval ofthe County Adfniffistr-ateF, employees whe haye sueeessfully eampleted I their r - eW_ mil field w ith tl,a & 11,,...;.... „ +; p ,. l.,ti.....,,. 11— Eligibility for Reimbursement: a. A grade of "B" or better for graduate programs or "or bet#arfor undergraduate classes must be achieved. b. When the program or class is successfully completed the employee shall agree to remain employed with the County for a period of not less than 1 year for each 18 hours taken in the graduate program or from the end date of the last satisfactorily completed undergraduate class C. Should the employee not complete the graduate p rogram he/she shall be required to reimburse all funds paid by the County toward the program. d. Should the employee successfully complete the program or class but leave the employ of the County prior to completing his period of service as set forth above, the prorated amount of funding for service not rendered shall be repaid to the County. With the a roval of the County Administrator, the employee may be advanced the costs of tuition and books for approved courses based upon written documentation by the Department Head and the employee that a financial hardship exists. Documentation shall include a written request for prepaid assistance by the employee and written approval by the Department Head Costs to be incurred shall be set forth in full. The County Administrator shall review the request, and upon approval, shall require execution of a contract between the employee and the County -- - ■ I M - p .4 WIN f With approval ofthe County Adfniffistr-ateF, employees whe haye sueeessfully eampleted I their r - eW_ mil field w ith tl,a & 11,,...;.... „ +; p ,. l.,ti.....,,. 11— Eligibility for Reimbursement: a. A grade of "B" or better for graduate programs or "or bet#arfor undergraduate classes must be achieved. b. When the program or class is successfully completed the employee shall agree to remain employed with the County for a period of not less than 1 year for each 18 hours taken in the graduate program or from the end date of the last satisfactorily completed undergraduate class C. Should the employee not complete the graduate p rogram he/she shall be required to reimburse all funds paid by the County toward the program. d. Should the employee successfully complete the program or class but leave the employ of the County prior to completing his period of service as set forth above, the prorated amount of funding for service not rendered shall be repaid to the County. With the a roval of the County Administrator, the employee may be advanced the costs of tuition and books for approved courses based upon written documentation by the Department Head and the employee that a financial hardship exists. Documentation shall include a written request for prepaid assistance by the employee and written approval by the Department Head Costs to be incurred shall be set forth in full. The County Administrator shall review the request, and upon approval, shall require execution of a contract between the employee and the County whereby the em to ee will agree to reimburse the County, either through payroll deduction or surrender of sufficient accrued annual leave, the total cost of the prepaid assistance should the class not be completed with the required grade or better. In either case, the funds shall be reimbursed within ninety (90) days of the completion of the course The County Administrator shall be responsible for the organization, conduct and execution of any other training program which might be of value to County employees (in- service training). X. SERVICE AWARDS POLICY 10.1 Pe_ rpose The purpose of the Service Awards Program is: a. to commend faithful and proficient service performed by County employees b, to emphasize that each individual plays a key role in the County's progress C, to recognize that an employee's contribution grows with each additional year of service, and his performance of job duties d, to encourage career employment with the County 10.2 Basis for Awards Determination of Awards Service Awards will be based on continuous and proficient service (as defined below) by cligible full -time employees. Continuous and Proficient Service Any break in service for a period of 160 consecutive working hours shall destroy the continuity of service. However, authorized leaves of absence such as annual leave, military tFainiiig leave and-approved sick leav shall n ot d ay _ en ti Ru ii of se .. _ and e.eait for tA.,, , approved education leave and other approved leaves of absence shall not destroy continuity of service and credit for the time will be granted The employee shall be required to exhibit a proficient performance rating to be eligible for such award. Dismissal No credit shall be given for employment with the County terminated by a dismissal. Any employee who is dismissed and is later re- employed with the County shall not receive credit for previous employment with the County. 10.3 Awards Service Awards Service awards shall be made according to the following schedule: 5, 10, 15, 20, 25, 30, 35, 40, and -45 and 50 years- 10.4 Administration Presentation of Awards Awards shall be presented at such time and date established by the County Administrator, Computation of Lenuth of Services Time in service shall be computed annually based on the employee's wary hire date and shall take into account continuous mentlrs - time of service as defined in para rb 10.2. 10.5 Employee of the Month Award The Board of Supervisors, upon recommendation by the Human Resources Committee, may select and present this award to one employee each month. Candidates may be nominated by any other County employee. Nomination forms should be submitted to the l l�R Department by the 1 st of the month in order to be considered for the award for the following month. Employees may be nominated more than one time during the award year, but are only eligible to receive the award one time per year. Department Heads and Constitutional Officers are not eligible to receive this award. The employee will be selected on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County. Civic activities may be considered. Recipients of this award will receive a certificate, and a $4- 89- cash award and the recipient's name will be added to the Employee of the Month plaque located in the County Administration Building. Recipients over the past twelve month award period will be recognized at the Annual Awards Banquet. 10.6 Employee of the Year Award The Board of Supervisors, upon recommendation by the del -HR Committee, -i14 select and present this award to one employee each year. Eligible candidates will be those employees who received an Employee of the Month award over the past twelve (12) month award period. This award will be presented to the employee whose service most serves as an example to all other employees within the County. The recipient of the award will receive an engraved plaque presented at the Annual Awards Banquet and a $2-59 -300 cash award. XI. DISCIPLINARY POLICY 11.1 Purpose The purpose of this policy is to provide a guidAne nEggedures to effectively correct an employee's unsatisfactory work performance or misconduct in an effort to promote maximum utilization and productivity of employee potential. 11.2 Applicabili All classified employees shall be covered under this policy. 11.3 PoTtcv Statement The County of Frederick shall support the practice whereby all part -time, temporary, probationary, and r-egulr- full time employees shall be disciplined by the same process. The discipline of an employee should be a progressive process. Disciplinary actions of lesser severity than dismissal should ordinarily be taken in an attempt to correct an employee's unsatisfactory work performance or misconduct before a dismissal is initiated. A dismissal may be generally considered as appropriate only as a last resort or be undertaken only when an extremely serious pole- violation has occurred. Disciplinary action shall normally be taken in the following sequential progressive manner, wherever possible, in order to give the affected employee the maximum opportunity to improve his performance. Disciplinary actions may, however, be taken in a non - sequential manner where the situation warrants and all -- necessary approvals are obtained. a. Reprimand Level I b. Reprimand Level 11 C. Disciplinary Probation d. Suspension and/or demotion e. Dismissal 11.4 Re primands A re rimand is a written notice of discipline wam the em la ee when his iob wrformance continues to be poor, for reheated minor offenses or in circumstances where the supervisor believes that an offense is serious enou h to issue a formal written notice. The form of reprimand maybe either Level I or Level 11: Level I Reprimand - A written reprimand from a supervisor to an employee wherein the employee is cautioned and advised with reference to his unsatisfactory work performance or misconduct. b. Level II Reprimand - A written reprimand from a supervisor to an employee, to normally be issued only after a Level I reprimand has been issued, wherein the employee is cautioned and advised with reference to his unsatisfactory work performance or misconduct. C. No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy forwarded to the PeEsenAiel HR Department for inclusion in the employee's official personnel file. d. Once a reprimand is reduced to writing, as provided above, a copy shall be MPA d e li vere d m „ „ provided to the employee. e. Reprimands shall be appealable through the grievance procedure. Reprimands not appealed within the appropriate time limits specified by the grievance procedure shall become part of the official personnel file until it is purged by the employing authority. p Whe t... al. e (1 2) .,.. b b u � t ,-,ths h ave elap 4:.,,..., the date fled a wfitte n Fe .,�....nd is Y+ vr w ith employee " leong `1u4herit[F shall have th * , h +`+_ of t he w ritte n r epr i man d . A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file, 11.5 Disciplinary Probation A disciplingy probation is a period of time that the employee is given to try and redeem poor behavior or d conduct. In the instance where a Department Head wishes to place an employee on probation the following action shall be taken: a. The Department Head shall prepare an Employee Action forts for probation and a memo that includes the items below. This request shall be presented to the County Administrator and a copy provided to the employee. A statement of the reasons for the probation. I The length of time the probation is to last. A warning of what further disciplinary action could result, if the situation is not corrected. 4. A statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. b_ A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file. *56 Suspensions Suspension may occur when an employee fails to correct his performance after repeated warnings, as the r sult of an accumulation of minor offenses or as the result of a serious offense or misconduct. In the instance where a Department Head wishes to suspend an employee the following action shall be taken: a. The employee may be relieved of duty and placed on administrative leave (leave with pay b. The Department Head shall prepare an w iittea re quest- Employee Action form for suspension and a memo that includies the items below. This request shall be presented to the County Administrator and a copy hand dOIiN'eFOd and ed °�ti d " 1 � Ai f a Mai �i , t �u= provided to the employee. 1. A statement of the reasons for the suspension. 2 2. A warning of what further disciplinary action could result, if the situation is not corrected. 4. A statement of the employee's right to appeal {if any} in accordance with the County's grievance policy. C. An imnnediate Aprompt decision by the County Administrator shall be made. The date of suspension may be retroactive to the day the employee was placed on administrative leave. d. A copy of such written notice shall be forwardrd to the HR Department for inclusion in the employee's official personnel file. 1 1.67 Demotion Demotion may occur when an em to ee fails to correct his performance after r gated warnin s as the result of an accumulation of minor offenses or as the result of a serious offense or misconduct. In the instance where a Department Head wishes to demote an employee the following action shall be taken: a. A WFittea ne"oe of the The Department Head shall prepare an Employee Action F orm for demotion and a memo that inelu itig ineludes the items listed below. shall be hand delivered oF ++ e + + al This re ues maile -- -- �. -•w. -� -- �.��Y� � �ats�4R q t shall bg presented to the County Administrator and a copy provided to the employee. The Beard of Supervisors shall be notified of demotions. 1. A statement of the reasons for the demotion. 2. In cases where the demotion is not voluntary, include a warning of what further disciplinary action could result if the situation is not corrected. 4. A statement of employee rights to appeal (if any) in accordance with the County's grievance policy. 5. Approval Goun4y,kdministfaje he. A copy of such written notice shall be forwarded to the PeBefinel-HR Department for inclusion in the employee's official personnel file. ed. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower ranked position or if the demotion would require the displacement of another employee. 3 11.+8 Dismissal A dismissal is the most serious form of discipline and must be approved by the County Administrator. a. A wFitten netiee ineluding the items listed be4ew shall be hand del4vered Eff Mail " The De artment Head shall re are an Emplo ee Action Form for dismissal and a memo that included the items listed below. This request shall be presented to the County Administrator and a copy provided to the employee. The Board of Supervisors shall be notified of dismissals. 1. A statement of the reasons for dismissal. 2. A statement of the employee's rights to a pre - termination hearing with the County Administrator. (Upon receipt of dismissal notification, the employee must notify Per HR within five (5) working days to request such meeting.) This right does not su ersede the Grievance Policy, 3. A statement of employee's rights to appeal (if any) in accordance with the County's grievance policy. b. A copy of such written notice shall be forwarded to the Personnel Department for inclusion in the employee's official personnel file. The Board of Supervisors shall be notified of dismissals. b. A proEapt decision by the County Administrator shall be made. C. A copy of such written notice shall be forwarded to the em}e} HR Department for inclusion in the employee's official personnel file. The Board of sar-, shall be notifie fa=n. i ssa i s vx ucuuua 1 11.89 UnsatisfactoLy Work Performance or Misconduct Each need for discipline has varying circumstances and requires the exercise of discretion on the part of the supervisor. Disciplinary action may be taken against an employee for any of the following examples of unsatisfactory work performance and misconduct. These examples are not in any way to be construed as comprehensive listings of possible violations nor are they to be considered as rigid guidelines. a. Recurring tardiness. b. Absent without l+e roval. C. Violation of policy on intoxicants. d. Sleeping on the job. e. Neglect of work. f. Neglect of duty or refusal to comply with instructions of a supervisor. Insubordination h. Deliberate or careless conduct endangering the safety of oneself or other employees. Negligence in the care and handling of County property. Theft of County property or of another employee's property and/or equipment. i k. Incompetence or inefficiency in the performance of required job duties. 1. U-sc�Offensive, abusive, threatening, coercive, indecent or discourteous language or conduct toward supervisors, other employees, or members of the public. in. Intentional falsification of personnel records, time records, or any other County records or reports. n. Provoking, instigating or participating in a fight while on duty or on County property. o. Unauthorized carrying of a concealed weapon during work hours or on County property. ' p, Abuse of County policy regarding sick leave, compensatory time, lunch period, vehicle use, etc. q. Refusal to cooperate in any internal or criminal investigation in connection with his empioyment conducted by any law enforcement agency including, but not limited to, taking a polygraph examination when directed by his immediate supervisor. This provision shall not require any employee to surrender any guftfan4eed- constitutional or Agtutory rights. The Y »_ -- this p a hoy is t pFe ibit the - Ligs while ifi a we relate 11.10 Unauthorized Absences Ab sanee witheut 1 eaveUnauthonzed absences shall be defined as an absence from the job during a scheduled work period without approval of or notification to the employee's supervisor or Department ]=lead. Also the failure to report to work at the expiration of an authorized leave ar to ,.east and obt e* ten s i on of ti fle, shall be considered an able . e W ith ,m leave unauthorized absence An unauthorized absence from duty during required hours of attendance shall be treated as an wbsetw-eleave without pay. Where there are not adequate reasons for the failure to secure authorization prior to the absence, the employee shall be subject to disciplinary action as may be determined by the Department Head subject to the provisions governing discipline set forth herein. The following disciplinary procedure shall serve as a guide: a. The first occurrence of an unauthorized absence °-�i�; -shall result in a reprimand with a copy to the official personnel file. b. The second occurrence of an unauthorized absence . 4 e t le within a twelve (12) month period shall result in at least a suspension without pay. C. The third occurrence of an unauthorized absence , itheom -low within a twelve (12) month period shall result in immediate dismissal. d. Any employee absent without 1 authorization for three (3) consecutive work days shall be subject to immediate dismissal. 1 11.43 11111ht of eslGrievance An employee shall be given written notice of any disciplinary action. Appeals resulting from disciplinary action shall follow the p:ceeduf„ set f orth in S° 7 ;rievance policy. The filing of anea} _ evance does not suspend the disciplinary action. _ :._ r • °va l ~ ~ ° °° �' If the em to ee prevails in the rievance, salary and/or benefits denied au uuvvv.3oxui under disciplinary action shall be reimbursed. XII. GRIEVANCE POLICY AND PROCEDURE 12.1 Policy It shall be the policy of the Board of Supervisors to encourage resolution of employee problems and complaints wherein employees can freely discuss their concerns with immediate supervisors and upper management levels. However, to the extent such concerns cannot be resolved; the grievance procedure shall afford an immediate and fair method for the resolution of disputes which may arise between an agency and its employees. The grievance procedure shall include: A. Definition of Grievance A grievance shall be a. complaint or dispute by an employee relating to his employment, including but not necessarily limited to (1) disciplinary action, including dismissals, disciplinary demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (ii) the application of personnel policies, procedures, rules and regulations, including the application of policies involving matters referred to in sub - section (B)(iii) below; (iii) discrimination on the basis of race, color, creed, religion, political affiliation, age, disability, national origin or sex; and (iv) acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement. For the purposes of clause (iv) ±here shall be a rebuttable P t hftt b the original sanction can not be increased. B. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government aeeer-dingl3`. Accordingly. Tthe following complaints are not grievable: (i) establishment and revision of wages or salaries, position classifications or general benefits; (ii) work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content; (the measurement and assessment of work activity through a performance evaluation shall not be grievable except where the employee can show that the evaluation was arbitrary or capricious); (iii) the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (iv) failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly; (v) the methods, means and personnel by which such work activities are to be carried on; ( exeevt wheFe sueh aetie-a ff aH eme , 5 ) ( Vii) the hiring, promotion, transfer, assignment and retention of employees within the agency (provided such actions do not constitute disciplinary actions); and (viii) the relief of employees from duties of the agency in emergencies. In any grievance brought under the exception to Section 12.1 B (vi) the action shall be upheld upon a showing by the agency that: (i) there was a valid business reason for the action, and (ii) the employee was notified of such reason in writing prior to the effective date of the action. C. Coverage of Personnel All regular, full time and part time County personnel, excluding probationary employees, are eligible to file grievances as provided in this section with the following exceptions: a. Appointees of the Board of Supervisors including the County Administrator, and members of the various Boards, Commissions, or Agencies of the Board of Supervisors. b. Constitutional Officers, however, the employees of a Constitutional officer shall be included within the County grievance procedure provided that the Constitutional Officer and the County have both agreed that these employees shall be included within the County's personnel system. C Wolf _e Be a r - 4 7 A enc andlor De artment Directors. d. E- Y eyees ..,,a Deputies ef:Pi,,:sie Superinteiade„ts e r S ls. Employees whose terms of employment are limited by law. e. efftetive date of the fesigHation, Temporary, limited term and seasonal employees. An employee who has been ..°r.,,,ve voluntarily resigned shall not have access to the County grievance procedure, except to grieve a fires_ i nresulting from formal discipline, unsatisfactory job performance, or an involuntary resignation. Such grievance must be filed within thirty (30) calendar days of the dismissal date. Any grievance initiated by a regular, classified County employee prior to separation from County service may, at the employee's option, continue to be processed through the grievance procedure. Amer the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievanle issue provided the party not in compliance fails to correct the non- compliance within five (5) work days of receipt of written notification by the other party of compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. 12.2 Determination of Grievability If some question should exist concerning the grievability of a specific problem and if the question cannot be resolved to the satisfaction of both the employee and his supervisor at the departmental level, the employee may within five (5) ten J1 0 work days make a request to the County Administrator for a ruling of grievability who shall respond within five (53 ten 10 work days. In any case, no complaint may be addressed beyond the County Administrator level before grievability has been determined. Only after grievability has been determined shall a grievance be processed through the grievance panel stage. Decisions of the County Administrator may be appealed by the employee within five (5) work days to the Frederick County Circuit Court for a hearing de novo on the issue of whether or not the grievance qualifies for a panel hearing. Proceedings for review of the decision of the County Administrator shall be instituted by filing a notice of appeal with the County Administrator within five (5) work days from the date of receipt of the decision and giving a copy, thereof, to all other parties. Within five (5) work days thereafter, the County Administrator shall transmit to the Clerk of the Court to which the appeal is taken a copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. The failure of the County Administrator to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the County Administrator to transmit the record on or before a certain date. Within thirty (30) days of receipt of such records by the clerk, the court, sitting without a jury, shall hear the appeal on the record transmitted by the County Administrator and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decisions of the County Administrator or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth (15) day from the date of the conclusion of the hearing, The decision of the court is final and is not appealable. 12.3 Grievance Procedure An employee wishing to file a grievance shall have the right to follow all steps of this procedure as listed below with complete freedom from reprisal. This does not, however, confer the right upon anyone to make slanderous or libelous statements. The use of recorders is not permitted in the management steps. 2 STEP I An employee, who has a grievance, as defined herein, shall within thirty (30) calendar days of the occurrence of the action or event causing the grievance or of the date when the employee could have reasonably been expected to have learned of the act or event, contact his immediate supervisor for a discussion of the grievance. The supervisor shall meet with the em to ee within five (5) work days to discuss the grievance. v. ith !be e mpleyee and The supervisor shall give the employee a reply within five (5) work days following he meeting STEP U If the grievance is not resolved as a result of STEP I, the employee may within five (5) work days, thereafter, file a written grievance with their Department Head. Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually- impaired or those with motor impairments. The employee must be sure that the grievance is complete in all detail at this stage of the procedure. The Department Head will then within five (5) work days meet with the employee to discuss the grievance.-t-6 detefmijie if the g evanee ea* be -e al ed at thi ste p, The Department Head will inform the employee in writing of his decision and the reasons therefore within five (5) calendar days following Feeeipt of the wFitteii glievanee the meeting STEP III If the Department Head's response does not resolve the grievance, the employee may within €w ()ten J1 0 work days thereafter file a written request for a hearing with the County Administrator containing the employee's explanation of what has occurred. A copy shall also be sent to the employee's Department Head. Upon receipt of the written request for a hearing, and verification that Steps I and H have been exhausted, the County Administrator shall within (5) work days schedule the hearing requested. The County Administrator may request the presence of the Department Head or any other County official at the hearing and the employee may also have a representative of his choice present. The County Administrator shall give the employee a written reply or a method understood by complainant within five (5) work days after the conclusion of the hearing_ A copy of the reply shall be sent to the employee's Department Head. STEP IV If the County Administrator's reply does not resolve the grievance, the employee may within seven (7) work days, thereafter, request in writing to the County Administrator that his grievance be submitted to a pane] hearing. In submitting this written request it is not necessary that the employee again provide a written explanation of what has occurred as this was contained in his written request submitted at STEP R and III and as part of the record will be made available to the grievance panel. Within seven (7) ten 10 work days after the date of the written request for a panel hearing, the PefsanneMR Department will supply-provide list of at least five (5) prospective panel members to hear the gr none of whom may have been invelved iff an ear4ief phase of the The Department Head and the grievant. To insure an impartial panel, such panel shall not be composed of any persons having direct involvement with the grievance being heard, or with the problem giving rise to the grievance; for example, the grievant, the Department Head, supervisors replying at any management step, representatives of the grievant at the third step and witnesses who have appeared at any management step. In addition, managers who are in a direct line of supervision of a grievant are also excluded from serving as panel members. Also, no attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co- employee of such an attorney shall serve as a panel member. Furthermore, the following relatives of a participant in the grievance process or a participant's spouse shall not serve as panel members, i.e., spouse, parent, child, descendants of child, sibling, niece, nephew and first cousin. Additionally, due to their sensitive relationships to the grievance process, employees in the personnel classification series shall not serve as panel members. Three (3) members who will constitute the panel shall be selected within seven (7) ten l0 work days from this list -one member shall be chosen by the Department Head; one member shall be chosen by the grievant; and the remaining member shall be selected by the first two appointees and shall serve as the chairperson. In the event that agreement cannot be reached as to the third panel member, the Chief Judge of the Circuit Court will select the third member. shall be wItAlft ton (I U) W Br-k days of the ei-7ganizational The panel hearing shall be scheduled to occur within thirty (30) calendar dais from the date that the third panel member is selected The panel has the responsibility to interpret the application of appropriate County policies and procedure in the case. It does not have prerogative to formulate or to change policies or procedures. The employee may have present at the hearing a representative or legal counsel at his own expense. Copies of the written record in the case from STEP II and llT shall be provided the panel members by the County. The conduct of the hearing shall be as follows: The County shall provide a copy of the record to the panel, the supervisor, and the grievant a. The panel may at the beginning of the hearing ask for statements clarifying the issues involved. b. Exhibits, when offered, may be received in evidence by the panel, acid when so received shall be marked and made part of the record. c_ The employee and supervisor, or their representative, shall then present their claim and proofs and witnesses who shall submit to questions or other examination. The panel may at its discretion, vary this procedure but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant evidence. d. The parties may offer evidence and shall provide such additional evidence as the panel may deem necessary for an understanding and determination of the dispute. The panel shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. C. All evidence taken by the panel shall be under oath. f. The majority decision of the panel shall be rendered within ten (10) work days of the conclusion of the hearing and shall be final and binding and consistent with law and written policies. g. The parties should not discuss the substance of any grievance or the problem giving rise to the grievance with any panel members prior to or subsequent to the hearing. Any matters requiring the attention of the panel should be communicated in writing with copies to all parties. h. The panel shall have the authority to establish such other procedures for the hearing as are consistent with state law. 12.4 Compensation and Ex Dense Reimbursement Guidelines a. Non- County employees serving as panel members are not compensated or reimbursed for any expenses. The time spent by County employees who serve as witnesses or panel members during normal working hours shall not have this time charged against any leave. It is expected that the number of witnesses called would remain within reasonable limits. b Grievant's who are still employed by the County are compensated at their regular rate of pay for the time spent during normal working hours in the management -step meetings, the panel hearings and other hearings provided in the procedure. This compensation is not charged against any leave. C. Employees who are grieving termination are not compensated except in cases where a panel decision results in reinstatement with back pay. 4 d. The grievance procedure is designed for an employee to go through the process without the necessity for representation. While the employee has the freedom to select a representative of his choice if desired, there is no provision for any compensation or expense reimbursement for a representative, whether such person is a County employee or someone outside of County service. Additionally, there is norovision for any compensation or expense reimbursement for a representative regardless of the outcome of the grievance p rocess, 12.5 Appeal of a Panel Decision a. If a written request to reconsider the panel decision is submitted by either party within five (5) work days of receipt of the decision, the panel by majority vote may elect to review its decision and/or reopen the hearing for a good cause shown. b. Any challenge of a panel decision on the grounds of inconsistency with law and written policy shall be submitted by either party within five (5) work days to the County Administrator. C. The County Administrator may on his own action remand to panel for further consideration a decision which appears to be inconsistent with law or written policy. d. Either party may petition the Frederick County Circuit Court for an order requiring implementation of the decision of the panel. 12.6 Retention of Records All complaints received by the County Administrator and responses from the panel will be kept by the R Department for a period of three years. XDCi. PERSONNEL RECORDS 13.1 Policy The purpose of this policy is to establish an official personnel file and to provide a procedure governing the access, dissemination and purging of information contained within this file. The official personnel file shall be defined as the employment file containing personal information relevant to the individual's employment which is maintained by the r- R Department. The official personnel file shall be the only file which is to be considered official and complete in matters related to wage and salary, employee selection, employee relations including promotion, discipline, evaluation and other official actions discussed herein. Information pertaining to any personnel related aspect of employment (i.e. unemployment compensation requests, etc.) shall be contained within the file. The aeeess, disseff�ination and pur-gijig of infeffflation eontaitted within the file shall be Access to p ersonnel files shall be governed by the Virginia Freedom of Information. Act and as set forth herein. The following individuals shall be designated as having regular access to the official personnel files: a. The Board of Supervisors, the County Administrator, the Assistant County Administrator, the -Pefse r,_ HR Director and his staff. b. The members of a grievance panel selected in accordance with the approved County grievance procedures. The Virginia Employment Commission - Unemployment Compensation Division. d. em The Equal Employineent Opportunity Opp orturtity Commission and/or any other a enc charged with responsibility for investigating claims of discrimination. e. Federal, State, or local law enforcement agencies during the investigation of a violation or potential violation of the law. The following individuals shall be designated as having regular access to a limited number of the official personnel files: a. Individual employees or former employees shall have regular access to their own personnel file after having satisfactorily demonstrated their identity. b. Department Heads shall have regular access to the official files of employees under their authority only. M - I old lip. In the discretion of the County Administrator however, the County may disclose the contents of an p ersonnel file to such other persons as deemed appropriate. XIV. TERMINATION OF EMPLOYMENT 14.1 Resignation A resignation shall be defined as a voluntary separation from employment through written notification to the employing authority initiated by the employee. All employees desiring to resign their employment with the County shall submit written notification of such intent to their employing authority. This notification shall include the reason for resignation, the actual date aft44tottr-the resignation is to become effective and shall be signed by the employee. A copy of the notification shall be forwarded to the Pefsepmel Offie -° HR Department for inclusion in the personnel file. It is requested that all employees give at least fourteen (14) calendar days notice prior to the eemmeneement of any tef+ninal leave ffective date of resignation, except where specific circumstances prohibit such advance notification. Such resignation may be withdrawn by the employee at any time prior to the effective date, with the approval of the Department Head. shall r pa5ineR4 for a44 aanual lea and eempensatof- time for wlk4eh they are eligible aeoer to For those employees who fail to submit the written notification prior to their term resignation date, the employing authority shall forward a letter certified mail (return receipt requested) stating it is his understanding that the employee has voluntarily resigned employment. An employee's failure to respond within forty -eight (48) hours following receipt of the certified letter regarding any errors contained therein shall constitute a valid resignation. 14.2 Return of County Property An employee leaving the service, whether through resignation, lay -off or dismissal is responsible for returning any County property which he may have in his possession. Upon termination, such property as HR manuals ID cards �e.;wfien ,�f.. g e ar , �. , unifartns, badges, keys, etc., must be returned to the Department Head, the County Administrator or the HR Department &f- el . 14.3 Lay_Off The County reserves the right to separate employees for lack of available work or funds. er t ef'actery pleb o f th�...,-..t,ation � f pl ym . In such cases, _�m .., ..�.. r ..,,,..�....��., Y .,.�.....,. yet. �a the employees affected shall be given a minimum of two (2) weeks advance notice or two (2) weeks severance pay at the discretion of the County Administrator. An ew lev may also he laid eff if he o she beeeffies pos physically oF mepAally unable to per the d"es of the f or - h" h h' .1 14.4 Administrative Termination Employees who are hired by appointing authorities to fill positions that are later determined to be unavailable in the budget of the respective departments, or who are found not to meet the minimum qualifications of the position, following the actual start of work, shall have their employment administratively terminated as soon as convenient following the determination of the discrepancy. 14.5 Out-Take In order to process a terminating/retiring employee's final pay and benefits options, they are required to schedule and complete the out -take process with the Perse [-HR Department as soon as possible and prior to their last day of work. 14.6 Exist Interview Frederick County is interested in knowing why an employee is leaving the County's work force. In order to improve our personnel policies and supervision, all terminating employees are urged to schedule an exit interview with the Pefsofmel IIIt Director. Information received will not be made a part of the employee's personnel file. 14.7 Retirement (VRS). An employee may retire in accordance with the provisions of the 'Virginia Retirement System An employee who retires under VRS at or after age 50 years and with at least 20 years continuous service with Frederick County, and with a hire date prior to July 1, 1995, will be provided 100% health insurance coverage until eligible for Medicare Carte - • � at which time the County will provide 100% supplemental insurance. An employee hired on/or after July 1, 1995 and who retires under VRS with full benefits (non- LEOs, at or after age 50 and with at least 30 years service; LEDs, at or after age 50 with at least 25 years service) and with at least 30 (or at least 25 for LEOs) years continuous service with Frederick County will be provided 100% health insurance coverage until eligible for Medicare - at which time the County will provide 100% supplemental insurance. An employee hired on or after July 1, 2012 will not, upon retirement, be provided with healthcare coverage at the expense of the County, regardless of the employee's retirement conditions. An employee who retires under VRS with reduced benefits, and who is not eligible for Medicare benefits, may participate at their own expense in the group health insurance plan under COBRA. An employee who retires because of disability may participate at their own expense in the group health insurance plan for a period of twenty -nine (29) months under COBRA, or until they become eligible for Medicare, whichever shall occur first. All payments shall be made in advance and sent to the County's Agent Of Record. Updated /Approved 612712012 XV. Ethics It is the policy of Frederick County to adhere to the highe standard of ethics and to educate its cmtslovees in those principles. It is also the policy of Frederick County to ensure that all of its employees follow the Ethics Policy and to subject those employees who disregard it to strict disciplinary action. 15.1 Political Activity The restrictions of this section are designed to protect every employee's right to vote and to keep this right free from interference, solicitation or dictation by any fellow employee, supervisor or officer. Additionally, this policy does not affect the right of an employee to hold political membership or oft serve as a political party officer, support a political part press political opinions, and /or attend political meetings. assessment, A County employee may belong to a political pfftyOF or-ganization- No employee shall orally, by letter-, of SUbSOFiPtiOR, or- contribution to an) political oFganization or paFty. Employees may participate in political activities provi that they do not a.) engage in any type of political activity while on -duty and /or in County uniform, x oliti.,.,1 activity they-h.) do not use County resources or equipment or 0 engage in political activity on the premises of their employment with the Coun . by � . election He should not, howeveF, beeeme a candidate by endorsement or- announcement that he will Fun for- political Politieal elac shall inelude all eleetions for whiuh any of the candidates are to be nominated or- eleeted as- t during-rVe - 1 - ing he nr-s h offici o n t +h r, ,..d ..t a nd to .,.dial. tes fo ..FF..,. No employee shall use the prestige, influence, or authority of his position on behal Of any p0li+i6H' zaiion or -for the purpose of interfering with or affecting the result of an election or nomination for office. , a " " sliall be dAned as "any group, fonnal or , whirah endofses eandidates for eleetive effice at any level of government, i.e., nA ional, state of! loeal." 15.2 Conflict of Interest No employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of employees: N;o employee shall enga i � t private employment or rendder- ser-viees for private inte-re-St vAen sa employment OF ser-viee is meompatible with the proper- Elisehar-ge of his offieial ElUtiOS @Fwould tend to impair his independenee of judgment or action in the pel ,. e Phis , r:,...1 ,d.. +: Disclosure of ConfidentialInformataon No employee shall, without proper authorization, disclose confidential information concerning the property, government, or affairs of the County which would provide information to advance the financial or other special interest of himsel£ or others. Gifts and Fw&m N o o .,loyee hall a ep! any . l ,;f+ whether in thm F of Sem i.. l tbin or prom f per-SOR, fifffl, 01: 0EWPOFatiO0 Whirh to his knowledge is inter-ested directly or indir-outly in an) Faanner- whatsoever in business dealings with the a , favor- or thing A-f-value that may lend to infiuenee him in the dischar-ge 4his duties, or- (2) grant in the diseharge of his duties any impr-epe i u'r'vi , service OF thiRg Of W, Representing .Private Interests Bef ore County Agencies or Courts No employee whose salary is paid in whole or in part by the County shall appear in behalf of private interests before any agency of the County. He /she shall not represent private interests in any action or proceeding against the interest of the County in any Iitigation to which the {County is a party. Other Conflicts of Interest No employee shall violate the provisions of Section 2.2 -3100 et. seq. of the Code of Virginia `1, as amended (The Virginia Conflict of Interest Act). 15.3 Outside and /or Incompatible Em loyment No employee shall engage in any other employment or in any private business or in the conduct of a profession during the hours hePhe is employed to work for the County or outside such hours to an extent that is likely to effect his efficiency as an employee of the County or that is likely to be in violation of the Virginia Conflict of Interest Act. No employee shall engage in any outside activity, either with or without remuneration, which would bring discredit or otherwise cast unfavorable light on the County or any Department of the County. Employees may take occasional part-time jobs elsewhere if in the opinion of the Department Head there is no conflict with working hours or conflict with interest of the County. Additionally, no employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties. 15.4 Nepotism in no event shall a peFsen of first or- second degFee r-elatiensliip to an existiRg empleyee, oevered by this plan, be empleyed by the safne County Oeparunent. No administrator or any other person in a supervisory position shall have under his or her direct supervision any employee whose relationship is of the first or second degree, either by blood or marriage. In the event of a promotion which brings about the conditions thus described, the employee of lower rank shall be transferred to another position for which he or she is qualified when a vacancy occurs. Relationships of the first or second degree shall mean father, mother, brother, sister, spouse, son, daughter, son -in -law or daughter -in -law, sister -in -law or brother -in -law, father -in -law, mother -in -law, aunts, uncles, nieces, nephews, and first cousins. 15.5 TimekeepinIZ Frederick County employees shall record all time worked accurately and honestly. Frederick County employees shall not knowingly falsify any charges whatsoever for any reason whatsoever. 15.6 Acceptance of Gifts and Gratuities An employee shall trot accept or solicit gifts, _gratuities, money or loans from organizations business concerns, or individuals with whom the employee, on behalf of the county, has an official relationship. These limitations do not apply to the acceptance of items of negligible value when such acceptance promotes legitimate county goals and is received during the performance of official county business. It is particularly important, however, that inspectors and employees who have administrative or operating authorily to approve or disapprove or otherwise affect a procurement transaction auard against relationships which might create the impression of or be construed as evidence of favoritism, coercion, unfair advantage, or collusion. XXV MXXVI. EMPLOYMENT CLASSIFICATIONS 1 11 Full Time Employment A full time employee is defined as any! person who, in consideration of wages or salary, performs a service for the benefit and under the control of the county and whose position is authorized as full -time by the Board of Supervisors. Full time positions that are authorized by the Board of Supervisors provide health and welfare benefits. 1( W.2 Part Time Employment A part time employee is defined as any person who is not in a position authorized as a full time p osition by the Board of Supervisors. Part time positions do not provide health and welfare benefits. However, Ppart -time employees who work year -round and work a minimum of 30 (thirty) hours per week to carry out their job responsibilities will be entitled to the following personal Ieave time: The number of hours in an employee's personal leave day will be determined by the number of hours worked on an average day as designated by his position: i.e. work 30 hours divided by 5 (workdays) a - six personal leave hours earned for the month. Personal leave time may not be used until it is earned. Use of personal leave time shall be reflected on the timeshect as "PL ", such time will be paid at the straight time rate. Personal leave hours shall accrue annually. Personal leave hours must be used within the calendar year they are accrued and will not be transferred to the subsequent year. Personal leave hours will be used only upon approval of the supervisor. Upon separation of employment, any unused personal leave hours will be paid out at the employee's hourly rate at the time of separation. luOTE: Part tim em are „t t';rti131e for- r n r (eest of living i es ) P to OtiO be XVIH. INCLEMENT WEATHETU or UNSAFE CONDITIONS POLICY In an effort to clarify leave for inclement weather, the following policy is set forth. Inclement weather /unsafe conditions shall mean, with respect to a particular County worksite weather, environmental or other public health /safety conditions are present that render travel to /from and /or attendance at that County worksitc not reasonablv safe. Liberal Leave If the weathei=is unduly bad upon ansinginclement weather and /or unsafe conditions in the morning, an employee will be permitted (after appropriate contact with their department), late arrival to work or a full day's absence with the stipulation that the time must be made up within sixty (60) days. Make -up time will be scheduled and approved by the Department Head. Should the time not be made up within sixty (60) days, the employee will be charged annual leave for the amount of time in arrears. Should the weather become inclement during office hours, an employee may leave early with the approval of the Department Head (Iibffal leave) -with the understanding that the time will be made up within sixty (60) days. Should the time not be made up within sixty (60) days, the employee will be charged annual leave for the amount of time in arrears. JA'I Administrative Leave If early dismissal is authorized by the County Administrator (.,,lministy -ative leave) 9 employees will not be required to make up the time. If e migh inclement weather and /or unsafe_ conditions develop prior to the start of the County workday, the County Administrator i , will decide whether or not to close the County offices. Should the decision be made to close the offices, the notification process will commence, i.e., radio station and cable television announcement. Employees will not be required to make up the time. if the !`..,..,+,r o f ees , gene--ally elosed employees .: he were required re F ,o. 014 to wer-k during administr-ative leave, will he all hours wer*ed. G-r te d-houm must be used An employee, who is on scheduled paid , sicli leave, eic., dur-ing during an administrative closure, may charge administrative leave in place of the scheduled paid leave. However, an employee on a regular scheduled day off - schedule,will not receive credit for the administrative leave. i 7K3 Timekeeping Administrative leave ( "w and Liberal Leave {I-must be accounted for on the timesheet. It shall be the deft Department dilest " Director's responsibility to oversee his employee's make -up time of liberal leave hours owed, and to reflect accurate balances in the liberal leave column. Please When Liberal Leave make -up hours are applied to the regular working day(s) and should such make -up hours cause "overtime'' -', the excess hours are not eligible for overtime payment. X1dIIII. APPLICABILITY OF MANUAL When an employee has doubt as to the applicability of a policy or provision of this Manual to a particular situation, he4W should apply to the Director of ! Human Resources for his advice on the matter and be guided by that advice when given. The employee shall have the opportunity to present his interpretation of the facts at issue and of the applicable policy or provision(s) of the Manual before such advisory decision is made. This Manual shall be operative in all instances covered by its provisions except when superseded by an applicable statutory or charter provision and statutory or charter action is mandatory, or when the application of a statutory or charter provision is discretionary but determined to be more appropriate or desirable. AgEh- Pro poseit' V. RECRUITMENT, SELECTION AND EMPLOYMENT 5.1 Open Competition All positions covered by these policies shall be open to all persons who possess the requirements for the positions as indicated in the official class specifications. The recruitment objective is to obtain well qualified applicants for all vacancies with selection based on the best qualified person available at the salary offered for the particular position. All requests for reasonable accommodations from potential applicants or as necessary for the retention of an employee will be considered as required by the American Disabilities Act provided that the limitation does not impose an undue hardship upon the County or does not jeopardize the position through direct threat to a bonafide occupational qualification. 5.2 Original Employment An individual beginning employment with the County for the first time shall, except as described below, usually be placed at the first step of the pay range established for the class in which he/she is employed and that employment date should be defined as his date of hire. Based on a new employee's prior experience, proficiency, and other relevant criteria in the same or related capacity, placement may be accelerated within the assigned range upon approval of the County Administrator within current budget restraints. Appointments may be made below the minimum for a person who lacks the desired qualifications of the position; such persons are considered Trainees until such time as they acquire the minimum qualifications, at which time they are advanced to the normal entrance salary of the position. 5.4 Reemplovment When an individual is re- employed after a separation of thirty (30) or more calendar days, a new date of hire shall be established for computation of all merit increases and other salary adjustments. A returning employee who is re- employed will, except as described below, be placed at the lowest step of the position's approved pay range. Based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the fourth step of the assigned range maybe made upon recommendation by the Department. Head and approval of the County Administrator. All time earned in previous employment shall not be counted toward the probationary period, annual leave, service awards, or any other longevity based program or benefit. Rather, only that time earned following actual re- employment shall be counted. 5.5 Reinstatement An individual returning to the employ of the County within thirty (30) or less calendar days of separation, shall return to duty in the same position and class subsequent to the approval of the Department Head and the County Administrator. The appropriate pay step within the approved range of the class for all reinstated employees shall be determined by the County Administrator. Hire dates for all reinstated employees will remain the same as that associated with prior employment. All time earned previous to reinstatement shall be counted toward the probationary period, annual leave, service award, or any other longevity based program or benefit. Additionally, accrued paid leave will be utilized to cover the actual time missed prior to reinstatement. Should paid leave not be available, leave without pay will be utilized to cover the actual time missed prior to reinstatement. 5.6 Temporary Employment Persons may be employed to temporary positions without commitment as to tenure. Temporary employees may be part -time or full time, not eligible for benefits, and subject to re- evaluation by Department Head. 5.7 Temnorary Appointments Persons may be appointed to temporary positions without commitment as to tenure. Temporary appointments are for full time, benefit eligible positions and subject to re- evaluation by Department Head. Temporary appointments are also eligible for a salary increase with the approval of the Department Head and County Administrator. 5.8 Reclassification When such a position cannot accurately be described or compensated by assignment to an existing class or position, the County Administrator shall establish a new class or position, based upon written documentation submitted by the Department Head, with appropriate range and title, subject to approval by the Board of Supervisors. A reclassification is the assignment of the employee's regular and continuing duties to a descriptive and commensurate class or position. Reclassification does not adjust the employee's hire date. 5.8 Promotion Based upon recommendation by the Department Head, employees may be considered for promotion and their salary may be adjusted. The County Administrator shall have the final authority to approve such promotions and any corresponding salary adjustments. The effective date of all promotions will be the first day of the pay period in which the promotion takes place. Employees who are promoted and are eligible for a merit evaluation may receive the scheduled merit increase. 5.9 Transfer Between Departments When an employee makes a transfer between departments, no change of status or hire date occurs. 5.14 Appointing Authorities The appointing authority is the person or group of persons having authority to make appointments under the laws of the State and the County. Each Constitutional Officer is the appointing authority for his department. The County Administrator approves appointments for all other positions covered by these policies, additionally, the Board of Supervisors appoints the County Administrator. 2 Vt. PROBATIONARY PERIOD 6.1 Objective The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work and all other attributes of the employee's performance required to perform the job in an acceptable manner, for securing the most effective adjustment of an employee to his position, for terminating any employee whose performance or other attributes of the employee's performance required to perform in an acceptable manner is not satisfactory, and for counseling and/or disciplining an employee and reviewing the work of such employee following counseling. 6.2 Duration The probation period shall be six (6) calendar months for County employees and twelve (12) calendar months for Iaw enforcement, correctional officers, communications officers, and firefighters /ENIT's following an original employment or re- employment with the County, unless pursuant to 6.5 where probation will be extended. Counseling /disciplinary probation shall be such period up to six (6) calendar months as recommended by the Department Head and approved by the County Administrator, to commence after meeting with Department Head and employee. 6.4 Progress Meeting The immediate supervisor /department head may request a progress meeting with the probationary employee at any time, to identify successes and shortcomings. The content of the meeting must be documented in writing and a copy made available to the employee. Subsequent follow -up may be requested to review the employee's progress toward a satisfactory performance evaluation. 6.5 Probationary Evaluation The Department Head shall indicate in writing via the appropriate evaluation form: a. That he has discussed with the employee the employee's accomplishments, failures, strengths and weaknesses. Whether the employee is performing satisfactory work. C. Whether the employee should be placed on extended probation; or d. Whether the employee should be dismissed. If at the end of the normal probationary period there is doubt about the employee's capability or willingness to perform satisfactorily, the probationary period may be extended to a maximum of an additional six (6) months, upon recommendation of the immediate supervisor and approval of the Department Head. VII. PERFORMANCE/MERIT EVALUATION 7.1 Obiective The purpose of the full time employee performance evaluation shall be primarily to inform employees about how well they are performing their work and how they can improve their work performance. The performance evaluation shall also be used in determining salary increments, as a factor in determining order of lay -off, as a basis for training, promotion, demotion, transfer or dismissal, and for such other purposes as set forth in these regulations. 7.2 Period of Evaluation From the date of original appointment or re- employment, with the County, all full time employees shall be evaluated at the end of the sixth (6) month of service, twelfth (12) month for law enforcement, correctional officers, communications officers, and firefighters/EW's, and on a yearly basis thereafter. An employee shall not be eligible for a pay raise until the performance evaluation form has been completely processed. Department Heads shall be responsible for the timely processing of performance evaluations within their department to insure that an employee's merit increase is not delayed. 7.3 Evaluation Evaluations shall be conducted by the Department Head or, at the Department Head's discretion, immediate supervisor. An employee shall have the right to review, and request a copy of any or all evaluations made of him. 7.4 Review with Employee Upon completion of the evaluation the employee shall have the opportunity to sign noting on the evaluation form, that the evaluation was received and any /all questions were addressed. 7.5 Supplemental or Revised Evaluation The County Administrator may prepare, or request preparation of, a supplemental, revised or interim evaluation for any employee. Paragraphs 7.4 and shall apply to any revised, supplemental or interim evaluation. VIII. WORK HOURS HOLIDAYS LEAVE 8.1 Hours of Work Generally, office hours are from 8:00am to 5:00pm. Individual work schedules are set at the Department Head's discretion based upon business requirements. 8.2 Holidays The County shall observe all federal and state holidays and other such holidays as may be prescribed by the Board of Supervisors. When a holiday falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. All full -time employees of the County shall be entitled to holiday benefits. Current holidays observed by the County are: Lee Jackson Day Labor Day Martin Luther King's Day Columbus Day Presidents Day (Wash/Linc) Veterans Day Apple Blossom Festival Thanksgiving Day Memorial Day Day after Thanksgiving Fourth of July Christmas Day New Year's Day 8.3 Paid Time Off Policy Frederick County recognizes that employees have diverse needs requiring time off from work and believes that employees should have opportunities to enjoy time away from work to help balance their lives. The County has established this Paid Time Off policy to meet those needs. Employees shall be accountable and responsible for managing their own paid time off hours to allow for adequate reserves to cover illness, disability, appointments, emergencies, or other needs that require time off from work. Eligibility Active, regular full -time employees in benefit eligible positions. Paid time off begins accruing upon hire or transfer into a benefit eligible position. Accrual of Paid Time Off Accruals are based upon paid hours up to 2080 hours per year, excluding overtime. For Firefighters /EMTs, accruals are based upon paid hours up to 2600 hours per year, excluding overtime, provided that is the employee's regular work schedule_ Length. of service determines the rate at which the employee will accrue Paid Time Off. Employee becomes eligible for the new higher accrual rate on the first day of the next pay period in which the employee's anniversary date occurs. Paid Time Off shall not accrue during unpaid leave of absences that last longer than one pay period. Paid Time Off shall accrue as follows: Years of Service Accrual Rate per Month Annual Accrual Maximum Accrual 0 -5 14 Hours 168 Hours 280 Hours 5 -10 16 Hours 192 Hours 3 20 H ours 10 -15 18 Hours 216 Hours 360 Hours 15 -20 20 Hours 240 Hours 360 Hours 20 -25 22 Hours 264 Hours 360 Hours 25+ 24 Hours 288 Hours 360 Hours Firefighters /EMTs on 2600 hours per year schedule, Paid Time Off shall accrue as follows: Years of Service Accrual Rate per Month Annual Accrual Maximum Accrual 0 -5 17.5 Hours 210 Hours 330 Hours 5 -10 20 Hours 240 Hours 380 Hours 10 -15 22.5 Hours 270 Hours 430 Hours 15 -20 25 Hours 300 Hours 430 Hours 20 -25 27.5 Hours 330 Hours 430 Hours 25+ 30 Hours 360 Hours 430 Hours Scheduling and Usage of Paid Time Off Paid Time Off may be taken in increments as low as one half hour. Whenever possible, Paid Time Off must be scheduled in advance. It is subject to supervisory approval, department staffing needs, and established departmental procedures. Notwithstanding the accrual basis, employees may only take Paid Time Off hours that have actually been accrued. Unused Paid Time Off balances shall carry over from year to year until the maximum amount of hours is reached. If the employee has used at least forty (40) hours of paid leave within the previous twelve (12) months, then once the maximum amount has been reached, Paid Time Off will continue to accrue with the excess hours transferring into the employee's Individual Disability Account. if the employee has not used forty (40) hours of paid leave within the previous twelve (12) months, then once the maximum amount has been reached, Paid Time Off will not accrue over the maximum amount allowed. 2 Payment upon Termination Upon separation or retirement, an employee's accrued but unused paid time off shall be paid out up to their maximum accrual levels according to their corresponding years of service. The pay out shall be at the employee's rate equivalent to 1/2080 (or 112600 for Firefighters /EMTs) of annualized base compensation, subject to taxes and any other legally required withholdings. Terminating employees may not use Paid Time Off to extend the last day of employment. 8.4 Individual Disability Leave Policy Individual Disability leave is leave that an employee can reserve to use for longer term sickness or illness. An employee may use Individual Disability Leave for a medical situation involving the employee or a family member of the employee, when the situation lasts longer than 3 consecutive days of work (24 total work hours). Eligibility Active, regular full -time employees in benefit eligible positions. Eligibility begins upon hire or transfer into a benefit eligible position. Accrual of Individual Disability Accounts Accruals are based upon hours that automatically transfer from the employee's Paid Time Off when it has accrued over the maximum amount allowed per the Paid Time Off policy. There is no maximum accrual for Individual Disability Leave. As long as the employee is at their eligible maximum amount allowed for Paid Time Off, the excess hours will automatically transfer into the employee's Individual Disability Leave account. Scheduling and Usage of Individual Disability Leave Individual Disability Leave may be taken in increments as low as one half hour. Whenever possible, Individual Disability Leave must be scheduled in advance_ It is subject to supervisory notification and established departmental procedures. Twenty -four hours, or the balance of the employee's Paid Time Off if the balance is less than twenty -four hours, must be used before Individual Disability leave can be taken. Notwithstanding the accrual basis, employees may take only the Individual Disability Leave hours that have actually been accrued. The use of Individual Disability Leave must be accompanied with a doctor's note verifying the length of time medically necessary to be absent from work. Payment upon Termination 3 Employee must have completed 5 years of uninterrupted service to be eligible for the Individual Disability leave pay out. Upon termination, an employee's accrued but unused Individual Disability Leave will be purchased at the rate of $3.00 per hour up to 2,000 hours, subject to taxes and any other legally required withholdings. Terminating employees shall not use Individual Disability Leave to extend their last day of employment. 8.5 Family Medical Leave Act (FMLA) Frederick County will comply with the Family and Medical Leave Act implementing Regulations as revised effective October 28, 2009. The County posts the mandatory FMLA Notice and upon hire provides all new employees with notices required by the U.S. Department of Labor (DOL) on Employee Rights and Responsibilities under the Family and Medical Act in the new employee orientation package. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact the Human Resources Director in writing. A. General Provisions Under this policy, Frederick County will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12 -month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. B. Eligibility To qualify to take family or medical Ieave under this policy, the employee must meet all of the following conditions: 1) The employee must have worked for the County for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer's intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. 2) The employee must have worked at least 1,250 hours during the 12 -month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLEA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. 11 3) The employee must work in a worksite where 50 or more employees are employed by the County within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route. C. Type of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: 1) The birth of a child and in order to care for that child. 2) The placement of a child for adoption or foster care and to care for the newly placed child. 3) To care for a spouse, child or parent with a serious health condition (described below). 4) The serious health condition (described below) of the employee. An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long -term nature, resulting in recurring or lengthy absences. Generally, a chronic or long -term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. Employees with questions about what illnesses are covered under this FMLA policy or under the County's sick Ieave policy are encouraged to consult with the Human Resource Director. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the County may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications. 5) Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's Gall- up or service. The qualifying exigency must be one of the following: I) short- notice deployment, 2) military events and activities, 3) child care and school activities, 4) financial and legal arrangements, 5) counseling, 6) rest and recuperation, 7) post - deployment activities and 8) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. "Covered active duty" means: (a) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (b) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 1.01(a)(13)(B) of title 10, United States Code. The leave may commence as soon as the individual receives the call -up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee's 12 -week maximum of FMLA leave in a 12 -month period. 6) Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12 -month period to take care of leave to care for that service member, Next of kin is defined as the closest blood relative of the injured or recovering service member. The term "covered service member" means: (a) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or(b) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. The term "serious injury or illness ": (a) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and(b) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. D. Amount of Leave An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (5) above under this policy during any 12 -month period. The County will measure the 12 -month period as a rolling 12 -month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the County will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time. An eligible employee can take up to 26 weeks for the FMLA circumstance (6) above (military caregiver leave) during a single 12 -month period. For this military caregiver leave, the County will measure the 12 -month period as a rolling 12 -month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If a husband and wife both work for the County and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in- law ") with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the County and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave. E. Employee Status and Benefits During Leave Gol While an employee is on leave, the County will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the County will require the employee to reimburse the County the amount it paid for the employee's health insurance premium during the leave period. Under current County policy, the employee may pay a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received in the Human Resources Department by the I" day of each month. If the payment is more than 34 days late, the employee's health care coverage may be dropped for the duration of the leave. The employer will provide 15 days' notification prior to the employee's loss of coverage. If the employee contributes to a life insurance, disability plan or any other voluntary contribution, the employer will continue making payroll deductions while the employee is on paid Ieave. While the employee is on unpaid leave, the employee may request continuation of eligible benefits and pay his or her portion of the premiums. If the employee does not continue these payments, the employer may discontinue coverage during the leave. F. Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. This requirement will be included in the employer's response to the FMLA request. Generally, an employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The position will be the same or one which is virtually identical in terms of pay, benefits and working conditions. The County may choose to exempt certain key employees from this requirement and not return them to the same or similar position. G. Use of Paid and Unpaid Leave An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established sick leave policy. Disability leave for the birth of the child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. For example, if the employee is eligible for six weeks of worker's compensation leave, the six weeks will be designated as FMLA leave and counted toward the employee's 12 -week entitlement. The employee may then be required to substitute accrued (or earned) paid leave as appropriate before being eligible for unpaid leave for what remains of the 12 -week entitlement. An employee who is taking leave for the adoption or foster care of a child must use all paid leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all paid leave prior to being eligible for unpaid leave. An employee using FMLA military caregiver leave must also use all paid vacation and sick leave (as long as the reason for the absence is covered by the County's sick leave policy) prior to being eligible for unpaid leave. H. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour 7 schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12 -month period). The County may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances of when leave for the employee or employee's family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. For the birth, adoption or foster care of a child, the County and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with the County before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. I. Certification for the Employee's Serious Health Condition The County will require certification for the employee's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification will be provided using the DOL Certification of Health Care Provider for Employee's Serious Health Condition (http: / /www.dol.gov). The County may directly contact the employee's health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator or management official. The County will not use the employee's direct supervisor for this contact. Before the County makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the County will obtain the employee's permission for clarification of individually identifiable health information. The County has the right to ask for a second opinion if it has reason to doubt the certification. The County will pay for the employee to get a certification from a second doctor, which the County will select. The County may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the County will require the opinion of a third doctor. The County and the employee will mutually select the third doctor, and the County will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and /or third opinion. J. Certification for the Family Member's Serious Health Condition The County will require certification for the family member's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification will be provided using the DOL Certification of Health Care Provider for Family Member's Serious Health Condition (http: / /www.dol.gov). The County may directly contact the employee's family member's health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator or management official. The County will not use the employee's direct supervisor for this contact. Before the County makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the County will obtain the employee's family member's permission for clarification of individually identifiable health information. The County has the right to ask for a second opinion if it has reason to doubt the certification. The County will pay for the employee's family member to get a certification from a second doctor, which the County will select. The County may deny FMLA leave to an employee whose family member refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the County will require the opinion of a third doctor. The County and the employee will mutually select the third doctor, and the County will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. K Certification of Qualifying Exigency for Military Family Leave The County will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave (http : / /www.dol gov). L. Certification for Serious Injury or Illness of Covered Service member for Military Family Leave The County will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Service member (http:HNvww.dol_gov). M. Recertification The County may request recertification for the serious health condition of the employee or the employee's family member no more frequently than every 30 days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the County may request recertification for the serious health condition of the employee or the employee's family member every six months in connection with an FMLA absence. The County may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition. N. Procedure far Requesting FMLA Leave All employees requesting FMLA leave must provide written notice of the need for the leave to the HR Director. Within five business days after the employee has provided this notice, the HR Director will complete and provide the employee with the DOL Notice of Eligibility and Rights (http : / /www.dol.gov). When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for .FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the County's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. D. Designation of FMLA Leave G] Within five business days after the employee has submitted the appropriate certification form, the HR Director will complete and provide the employee with a written response to the employee's request for FMLA leave using the DOL Designation Notice (http: / /www,dol.gov). P. Intent to Return to Work From FMLA Leave On a basis that does not discriminate against employees on FMLA leave; the County may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. 8.6 Workers' Comaensation The County may pay related medical expenses —at no cost to the employee —for an accident or qualifying illness that occurs as a result of work. Workers' compensation coverage is provided for full -time, part-time and temporary employees. In addition the employee may be entitled to compensation to help offset the loss of wages while unable to work. Employees do not share in the cost of workers' compensation; the County pays the entire cost. Any work - related injury or illness must be immediately reported in to the employee's supervisor. The Report of Accident or Injury and the Panel of physicians must be completed by the supervisor and employee and forwarded to Risk Management within two days of the accident. These forms are to be completed even if the employee does not receive medical treatment (record only). The County's Workers' Compensation carrier will investigate and review all claims submitted for eligibility and compensability. State law allows the County to designate physicians that the employees must choose from for an examination verifying the extent of the injury or illness. If an employee chooses to be treated by a physician other than one on the County's panel of physicians, the employee may be responsible for medical expenses related to that treatment. During the first seven calendar days that an employee is absent from work because of job- related illness or injury, the employee must use accrued sick leave hours to receive full pay. After the first seven days, employees receive a percentage of their salary as set by state law. In order for the employee to receive full salary, the remaining percentage will be covered by use of the employee's paid leave, to include sick and /or annual leave. Should the employee not have enough paid leave to cover the difference between the wage replacement benefit and full salary amount, leave without pay will be used. Additionally, further paid leave benefits will not continue to accrue while the employee is out on workers' compensation. If the employee is absent more than 21 calendar days because of an approved job - related illness or injury, the County will reinstate the leave that was used. When an employee receives wage replacement benefit payments from the workers' compensation carrier, the County is notified of the employee's payment. This benefit payment amount is then deducted from upcoming paychecks for the employee. These reductions to the paychecks continue until all benefit payments are recovered. Questions regarding workers' compensation may be directed to Risk Management, 10 8.7 Funeral Leave The purpose of this policy is to provide an employee with leave in the event of the death of an "immediate" family member. Funeral leave shall be defined as leave with pay granted to regular full -time employees only upon the death of a member of the immediate family. "Immediate" family member shall be defined as: the employee and spouse's: parent, grandparent, son, daughter, brother, sister, grandchild, stepchildren, stepparent, guardian, , and any persons residing in the same household as the employee. Paid funeral leave shall be granted by the Department Head if requested by the employee for a period of up to, and not to exceed, three (3) consecutive working days. This leave shall commence upon notification and approval by the Department Head. In the event of multiple deaths in the employee's immediate family, each death shall be treated separately and the funeral leave shall be granted accordingly. 8.8 Court Leave An employee's absence from work for jury duty or for attending court in a non - official capacity as a witness shall be defined as "court leave ". Any person who is summoned to serve on jury duty or any person, except a defendant in a criminal case, who is summoned or subpoenaed to appear in a court of law when a case is to be heard shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such jury duty or court appearance, upon giving reasonable notice to his employer of such court appearance or summons. An employee having been granted court leave shall be compensated at the regular rate of pay during these court appearances. Any compensation for jury duty as well as for witness service may also be retained by the employee. Employees summoned by a court for the purpose of qualifying for jury duty are entitled to court leave for the actual period of absence, whether or not they are selected to serve. In the event that there is at least three (3) hours left in the workday, the employee is required to return to work. Any employee who fails to return to work shall be subject to the loss of pay for that day. 8.4 Military Leave Leave in which an employee's absence is required to fulfill military training/active duty obligations for the Armed Forces of the United States, Reserve Forces, National Guard or Naval Militia or any of the branches of the U.S. Armed Forces shall be defined as "military leave." Employees are entitled to fifteen (15) work days of leave per federal fiscal year October I through September 30from his duties without loss of accumulated leave or regular salary. Once the 15 -day entitlement has been exhausted during the federal fiscal year, the employee must then begin to use accumulated leave, and leave without pay (LWOP) if necessary, for continued military leave. The Department Head must present to the HR Department a copy of the employee's orders prior to the effective date of the utilization of military leave. 11 8.10 Leave Without Pav (LWOP An employee who has exhausted his accrued leave may request to be placed on leave without pay for a specified period when approved by the County Administrator. Employees on approved leave without pay shall be permitted to continue their hospitalization, dental and life insurance coverage under the County's group policy at the employee's expense. a. Educational Leave A full time employee may be given a leave of absence for a maximum period of one year to take training in educational institutions which would benefit him in the performance of his County duties. Upon recommendation of the County Administrator, full or partial pay may also be granted for a limited period of educational leave when provided for in the current approved operating budget. Educational leave must be approved by the Board of Supervisors. b. Unauthorized Absence An employee must notify his immediate supervisor within two (2) hours of the beginning of scheduled commencement of duties if he is going to be absent. An employee who is absent from duty without approval of his supervisor shall receive no pay for the duration of the absence, and all employees absent without authorization shall be subject to disciplinary action. It is recognized that there may be extenuating circumstances for unauthorized absence and due consideration shall be given to each case. C. Absences for Less Than a Full Work Da Exempt employees absent for less than a full work day shall not have their pay reduced on account of such absence, but they may be required to use any leave available for such absence. d. Absenteeism All employees of Frederick County have important jabs. Because of this, if an employee is unable to report for duty he must notify the supervisor in charge prior to the beginning of the shift if physically possible. Recurrent absenteeism and tardiness interferes with the functioning of the County, and upon continuance, will result in disciplinary action. 12 IX. TRAINING POLICY With prior approval of the County Administrator, in such forms as may be prescribed by him, employees shall be reimbursed for all reasonable expenses incurred in participation in short courses, seminars, conferences, meetings, etc., coincident with the employee's routine responsibilities with the County. With prior approval of the County Administrator, employees may be reimbursed for the cost of tuition and books for actual undergraduate class attendance or correspondence courses, satisfactorily completed with achievement of a Grade "B" or better which are directly related and which will enhance the employee's ability to perform the job for which he was hired. Employees who have successfully completed an undergraduate degree may be reimbursed for the cost of tuition and books for satisfactorily completing a graduate degree program in a job - related field with a grade `B" or better. Employees achieving less than the required grade will not be eligible for reimbursement. Eligibility for Reimbursement: a. A grade of "B" or better for graduate programs or for undergraduate classes must be achieved. b. When the program or class is successfully completed the employee shall agree to remain employed with the County for a period of not less than I year for each 18 hours taken in the graduate program or from the end date of the last satisfactorily completed undergraduate class. Should the employee not complete the graduate,program he /she shall be required to reimburse all funds paid by the County toward the program. d. Should the employee successfully complete the program or class but leave the employ of the County prior to completing his period of service as set forth above, the prorated amount of funding for service not rendered shall be repaid to the County. With the approval of the County Administrator, the employee may be advanced the costs of tuition and books for approved courses, based upon written documentation by the Department Head and the employee that a financial hardship exists. Documentation shall include a written request for prepaid assistance by the employee and written approval by the Department Head. Costs to be incurred shall be set forth in full. The County Administrator shall review the request, and upon approval, shall require execution of a contract between the employee and the County whereby the employee will agree to reimburse the County, either through payroll deduction or surrender of sufficient accrued annual leave, the total cost of the prepaid assistance should the class not be completed with the required grade or better. In either case, the fiends shall be reimbursed within ninety (90) days of the completion of the course. The County Administrator shall be responsible for the organization, conduct and execution of any other training program which might be of value to County employees (in- service training). X. SERVICE AWARDS POLICY 10.1 Purpose The purpose of the Service Awards Program is: a. to commend faithful and proficient service performed by County employees b. to emphasize that each individual plays a key role in the County's progress c. to recognize that an employee's contribution grows with each additional year of service, and his performance of job duties d. to encourage career employment with the County 10.2 Basis for Awards Determination of Awards Service Awards will be based on continuous and proficient service (as defined below) by eligible, full -time employees. Continuous and Proficient Service Any break in service for a period of 160 consecutive working hours shall destroy the continuity of service. However, authorized leaves of absence such as annual leave, military leave approved sick leave, approved education leave and other approved leaves of absence shall not destroy continuity of service and credit for the time will be granted. The employee shall be required to exhibit a proficient performance rating to be eligible for such award. Dismissal No credit shall be given for employment with the County terminated by a dismissal. Any employee who is dismissed and is later re- employed with the County shall not receive credit for previous employment with the County. 10.3 Awards Service Awards Service awards shall be made according to the following schedule: 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 years. 10.4 Administration Presentation of Awards Awards shall be presented at such time and date established by the County Administrator. Computation of Length of Services Time in service shall be computed annually based on the employee's hire date and shall take into account continuous time of service as defined in paragraph 10.2. 10.5 Employee of the Month Award The Board of Supervisors, upon recommendation by the Human Resources Committee, may select and present this award to one employee each month. Candidates may be nominated by any other County employee. Nomination forms should be submitted to the HR Department by the 1 st of the month in order to be considered for the award for the following month, Employees may be nominated more than one time during the award year, but are only eligible to receive the award one time per year. Department Heads and Constitutional Officers are not eligible to receive this award. The employee will be selected on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County. Civic activities may be considered. Recipients of this award will receive a certificate and a $200 cash award and the recipient's name will be added to the Employee of the Month plaque located in the County Administration Building. Recipients over the past twelve month award period will be recognized at the Annual Awards Banquet. 10.6 Employee of the Year Award The Board of Supervisors, upon recommendation by the HR Committee, select and present this award to one employee each year. Eligible candidates will be those employees who received an Employee of the Month award over the past twelve (12) month award period. This award will be presented to the employee whose service most serves as an example to all other employees within the County. The recipient of the award will receive an engraved plaque presented at the Annual Awards Banquet and a $300 cash award. XL DISCIPLINARY POLICY 11.1 Purpose The purpose of this policy is to provide procedures to effectively correct an employee's unsatisfactory work performance or misconduct in an effort to promote maximum utilization and productivity of employee potential. 11.2 Applicability All classified employees shall be covered under this policy. 11.3 Policy Statement The County of Frederick shall support the practice whereby all part -time, temporary, probationary, and full time employees shall be disciplined by the same process. The discipline of an employee should be a progressive process. Disciplinary actions of lesser severity than dismissal should ordinarily be taken in an attempt to correct an employee's unsatisfactory work performance or misconduct before a dismissal is initiated. A dismissal may be generally considered as appropriate only as a last resort or be undertaken only when an extremely serious violation has occurred. Disciplinary action shall normally be taken in the following sequential progressive manner, wherever possible, in order to give the affected employee the maximum opportunity to improve his performance. Disciplinary actions may, however, be taken in a non - sequential manner where the situation warrants and any necessary approvals are obtained. a. Reprimand Level b. Reprimand Level 11 C. Disciplinary Probation d. Suspension and/or demotion C. Dismissal 11.4 Reprimands A reprimand is a written notice of discipline warning the employee when his job performance continues to be poor, for repeated minor offenses, or in circumstances where the supervisor believes that an offense is serious enough to issue a formal, written notice. The form of reprimand may be either Level I or Level II; a. Level I Reprimand - A written reprimand from a supervisor to an employee wherein the employee is cautioned and advised with reference to his unsatisfactory work performance or misconduct. b. Level 11 Reprimand - A written reprimand from a supervisor to an employee, to normally be issued only after a Level I reprimand has been issued, wherein the employee is cautioned and advised with reference to his unsatisfactory work performance or misconduct. C. No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy forwarded to the HR Department for inclusion in the employee's official personnel file. d. Once a reprimand is reduced to writing, as provided above, a copy shall be provided to the employee. e. Reprimands shall be appealable through the grievance procedure. Reprimands not appealed within the appropriate time limits specified by the grievance procedure shall become part of the official personnel file until it is purged by the employing authority. g. A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file. 11.5 Disciplinary Probation A disciplinary probation is a period of time that the employee is given to try and redeem poor behavior or bad conduct. In the instance where a Department Head wishes to place an employee on probation the following action shall be taken: a. The Department Head shall prepare an Employee Action form for probation and a memo that includes the items below. This request shall be presented to the County Administrator and a copy provided to the employee. A statement of the reasons for the probation. 2. The length of time the probation is to last. 3. A warning of what further disciplinary action could result, if the situation is not corrected. 4. A statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. b. A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file. 11.6 Suspensions Suspension may occur when an employee fails to correct his performance after repeated warnings, as the result of an accumulation of minor offenses or as the result of a serious offense or misconduct. In the instance where a Department Head wishes to suspend an employee the following action shall be taken: a. The employee may be relieved of duty and placed on administrative leave b. The Department Head shall prepare an Employee Action form for suspension and a memo that includes the items below. This request shall be presented to the County Administrator and a copy provided to the employee. 1. A statement of the reasons for the suspension. 2. A warning of what further disciplinary action could result, if the situation is not corrected. 3. A statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. C, A prompt decision by the County Administrator shall be made. The date of suspension may be retroactive to the day the employee was placed on administrative leave. d. A copy of such written notice shall be forwardrd to the HR Department for inclusion in the employee's official personnel file. 11.7 Demotion Demotion may occur when an employee fails to coirect his performance after repeated warnings, as the result of an accumulation of minor offenses or as the result of a serious offense or misconduct. In the instance where a Department Head wishes to demote an employee the following action shall be taken: a. The Department Head shall prepare an Employee Action Form for demotion and a memo that includes the items listed below. This request shall be presented to the County Administrator and a copy provided to the employee. The Board of Supervisors shall be notified of demotions. A statement of the reasons for the demotion. 2. In cases where the demotion is not voluntary, include a warning of what further disciplinary action could result if the situation is not corrected. 3. A statement of employee rights to appeal (if any) in accordance with the County's grievance policy. b. A prompt decision by the County Administrator shall be made. C. A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file. d. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower ranked position or if the demotion would require the displacement of another employee. 11.8 Dismissal A dismissal is the most serious form of discipline and must be approved by the County Administrator. a. The Department Head shall prepare an Employee Action Form for dismissal and a memo that included the items listed below. This request shall be presented to the County Administrator and a copy provided to the employee. The Board of Supervisors shall be notified of dismissals. 1. A statement of the reasons for dismissal. 2. A statement of the employee's rights to a pre - termination hearing with the County Administrator. (Upon receipt of dismissal notification, the employee must notify HR within five (5) working days to request such meeting.) This right does not supersede the Grievance Policy. 3 3. A statement of employee's rights to appeal (if any) in accordance with the County's grievance policy. b. A copy of such written notice shall be forwarded to the HR Department for inclusion in the employee's official personnel file. The Board of Supervisors shall be notified of dismissals. A prompt decision by the County Administrator shall be made. 11.9 Unsatisfactory Work Performance or Misconduct Each need for discipline has varying circumstances and requires the exercise of discretion on the part of the supervisor. Disciplinary action may be taken against an employee for any of the following examples of unsatisfactory work performance and misconduct. These examples are not in any way to be construed as comprehensive listings of possible violations nor are they to be considered as rigid guidelines. Recurring tardiness. Absent without approval. C. Violation of policy on intoxicants. d. Sleeping on the job. Neglect of work. f. Neglect of duty or refusal to comply with instructions of a supervisor. g. Insubordination Deliberate or careless conduct endangering the safety of oneself or other employees. Negligence in the care and handling of County property. Theft of County property or of another employee's property and/or equipment. k. Incompetence or inefficiency in the performance of required job duties. 1. Offensive, abusive, threatening, coercive, indecent or discourteous language or conduct toward supervisors, other employees, or members of the public. M. Intentional falsification of personnel records, time records, or any other County records or reports. n. Provoking, instigating or participating in a fight while on duty or on County property. o. Unauthorized carrying of a concealed weapon during work hours or on County property. P. Abuse of County policy regarding sick leave, compensatory time, lunch period, vehicle use, etc. q. Refusal to cooperate in any internal or criminal investigation in connection with his 11 employment conducted by any law enforcement agency including, but not limited to, taking a polygraph examination when directed by his immediate supervisor. This provision shall not require any employee to surrender any constitutional or statutory rights. 11.10 Unauthorized Absences Unauthorized absences shall be defined as an absence from the job during a scheduled work period without approval of or notification to the employee's supervisor or Department Head. Also the failure to report to work at the expiration of an authorized leave shall be considered an unauthorized absence. An unauthorized absence from duty during required hours of attendance shall be treated as leave without pay. Where there are not adequate reasons for the failure to secure authorization prior to the absence, the employee shall be subject to disciplinary action as may be determined by the Department Head subject to the provisions governing discipline set forth herein. The following disciplinary procedure shall serve as a guide: a. The first occurrence of an unauthorized absence shall result in a reprimand with a copy to the official personnel file. b. The second occurrence of an unauthorized absence within a twelve (12) month period shall result in at least a suspension without pay. The third occurrence of an unauthorized absence within a twelve (12) month period shall result in immediate dismissal. d. Any employee absent without authorization for three (3) consecutive work days shall be subject to immediate dismissal. 11.11 Right of Grievance An employee shall be given written notice of any disciplinary action. Appeals resulting from disciplinary action shall follow the Grievance Policy. The filing of a grievance does not suspend the disciplinary action. If the employee prevails in the grievance, salary and/or benefits denied under disciplinary action shall be reimbursed. 5 XII. GRIEVANCE POLICY AND PROCEDURE 12.1 Polie It shall be the policy of the Board of Supervisors to encourage resolution of employee problems and complaints wherein employees can freely discuss their concerns with immediate supervisors and upper management levels. However, to the extent such concerns cannot be resolved; the grievance procedure shall afford an immediate and fair method for the resolution of disputes which may arise between an agency and its employees. The grievance procedure shall include: A. Definition of Grievance A grievance shall be a complaint or dispute by an employee relating to his employment, including but not necessarily limited to (i) disciplinary action, including dismissals, disciplinary demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactoiy,job performance; (ii) the application of personnel policies, procedures, rules and regulations, including the application of policies involving matters referred to in sub - section (B)(iii) below; (iii) discrimination on the basis of race, color, creed, religion, political affiliation, age, disability, national origin or sex; and (iv) acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement. For the purposes of clause (iv) the original sanction can not be increased. B. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government. Accordingly, the following complaints are not grievable: (i) establishment and revision of wages or salaries, position classifications or general benefits; (ii) work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content; (the measurement and assessment of work activity through a performance evaluation shall not be grievable except where the employee can show that the evaluation was arbitrary or capricious), (iii) the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (iv) failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly; (v) the methods, means and personnel by which such work activities are to be carried on; (vi) the hiring, promotion, transfer, assignment and retention of employees within the agency (provided such actions do not constitute disciplinary actions); and (vii) the relief of employees from duties of the agency in emergencies. In any grievance brought under the exception to Section 12.1 B (vi) the action shall be upheld upon a showing by the agency that: (i) there was a valid business reason for the action, and (ii) the employee was notified of such reason in writing prior to the effective date of the action. C. Coverage of Personnel All regular, full time and part time County personnel, excluding probationary employees, are eligible to file grievances as provided in this section with the following exceptions: a. Appointees of the Board of Supervisors including the County Administrator. and members of the various Boards, Commissions, or Agencies of the Board of Supervisors. b. Constitutional Officers, however, the employees of a Constitutional officer shall be included within the County grievance procedure provided that the Constitutional Officer and the County have both agreed that these employees shall be included within the County's personnel system. C. Agency and /or Department Directors. d. Employees whose terms of employment are limited by law. e. Temporary, limited term and seasonal employees. An employee who has voluntarily resigned shall not have access to the County grievance procedure, except to grieve a resignation resulting from formal discipline, unsatisfactory job performance, or an involuntary resignation. Sucb grievance must be filed within thirty (30) calendar days of the dismissal date. Any grievance initiated by a regular, classified County employee prior to separation from County service may, at the employee's option, continue to be processed through the grievance procedure. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue provided the party not in compliance fails to correct the non - compliance within five (5) work days of receipt of written notification by the other party of compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural requirements at the panel bearing shall result in a decision in favor of the other party. 12.2 Determination of Grievabili If some question should exist concerning the grievability of a specific problem and if the question cannot be resolved to the satisfaction of both the employee and his supervisor at the departmental level, the employee may within ten (l 0) work days make a request to the County Administrator for a ruling of grievability who shall respond within ten (10) work days. In any case, no complaint may be addressed beyond the County Administrator level before grievability has been determined. Only after grievability has been determined shall a grievance be processed through the grievance panel stage. Decisions of the County Administrator may be appealed by the employee within five (5) work days to the Frederick County Circuit Court for a hearing de novo on the issue of whether or not the grievance qualifies for a panel hearing. Proceedings for review of the decision of the County Administrator shall be instituted by filing a notice of appeal with the County Administrator within five (5) work days from the date of receipt of the decision and giving a copy, thereof, to all other parties. Within five (5) work days thereafter, the County Administrator shall transmit to the Clerk of the Court to which the appeal is taken a copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. The failure of the County Administrator to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the County Administrator to transmit the record on or before a certain date. Within thirty (30) days of receipt of such records by the clerk, the court, sitting without a jury, shall hear the appeal on the record transmitted by the County Administrator and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decisions of the County Administrator or may reverse or modify the decision. The decision of the court shall be rendered no later than the fifteenth (15) day from the date of the conclusion of the hearing. The decision of the court is final and is not appealable. 12.3 Grievance Procedure An employee wishing to file a grievance shall have the right to follow all steps of this procedure as listed below with complete freedom from reprisal. This does not, however, confer the right upon anyone to make slanderous or libelous statements. The use of recorders is not permitted in the management steps. STEP I An employee, who has a grievance, as defined herein, shall within thirty (30) calendar days of the occurrence of the action or event causing the grievance or of the date when the employee could have reasonably been expected to have learned of the act or event, contact his immediate supervisor for a discussion of the grievance. The supervisor shall meet with the employee within five (5) work days to discuss the grievance. The supervisor shall give the employee a reply within five (5) work days following the meeting. 0) STEP H If the grievance is not resolved as a result of STEP I, the employee may within five (5) work days, thereafter, file a written grievance with their Department Head. Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually- impaired or those with motor impairments. The employee must be sure that the grievance is complete in all detail at this stage of the procedure. The Department Head will then within five (5) work days meet with the employee to discuss the grievance. The Department Head will inform the employee in writing of his decision and the reasons therefore within five (5) calendar days following the meeting. STEP III If the Department Head's response does not resolve the grievance, the employee may within ten (10) work days thereafter file a written request for a hearing with the County Administrator containing the employee's explanation of what has occurred. A copy shall also be sent to the employee's Department Head. Upon receipt of the written request for a hearing, and verification that Steps I and II have been exhausted, the County Administrator shall within (5) work days schedule the hearing requested. The County Administrator may request the presence of the Department Head or any other County official at the hearing and the employee may also have a representative of his choice present. The County Administrator shall give the employee a written reply or a method understood by complainant within five (5) work days after the conclusion of the hearing. A copy of the reply shall be sent to the employee's Department Head. STEP IV If the County Administrator's reply does not resolve the grievance, the employee may within seven (7) work days, thereafter, request in writing to the County Administrator that his grievance be submitted to a panel hearing. In submitting this written request it is not necessary that the employee again provide a written explanation of what has occurred as this was contained in his written request submitted at STEP I1 and III and as part of the record will be made available to the grievance panel. Within ten (10) work days after the date of the written request for a panel hearing, the UR Department will provide a list of at least five (5) prospective panel members to The Department Head and the grievant. To insure an impartial panel, such panel shall not be composed of any persons having direct involvement with the grievance being heard, or with the problem giving rise to the grievance; for example, the grievant, the Department Head, supervisors replying at any management step, representatives of the grievant at the third step and witnesses who have appeared at any management step. In addition, managers who are in a direct line of supervision of a grievant are also excluded from serving as panel members. Also, no attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co- employee of such an attorney shall serve as a panel member. Furthermore, the following relatives of a participant in the grievance process or a participant's spouse shall not serve as panel members, i.e., spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. Additionally, due to their sensitive relationships to the grievance process, employees in the personnel classification series shall not serve as panel members. Three (3) members who will constitute the panel shall be selected within ten (10) work days from this list - one member shall be chosen by the Department Head; one member shall be chosen by the grievant; and the remaining member shall be selected by the first two appointees and shall serve as the chairperson. In the event that agreement cannot be reached as to the third panel member, the Chief Judge of the Circuit Court will select the third member. The panel hearing shall be scheduled to occur within thirty (30) calendar days from the date that the third panel member is selected.The panel has the responsibility to interpret the application of appropriate County policies and procedure in the case. It does not have prerogative to formulate or to change policies or procedures. The employee may have present at the hearing a representative or legal counsel at his own expense. Copies of the written record in the case from STEP 11 and III shall be provided the panel members by the County. The conduct of the hearin shall be as follows: The County shall provide a copy of the record to the panel, the supervisor, and the grievant. a. The panel may at the beginning of the hearing ask for statements clarifying the issues involved. b. Exhibits, when offered, may be received in evidence by the panel, and when so received shall be marked and made part of the record. C. The employee and supervisor, or their representative, shall then present their claim and proofs and witnesses who shall submit to questions or other examination. The panel may at its discretion, vary this procedure but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant evidence. d. The parties may offer evidence and shall provide such additional evidence as the panel may deem necessary for an understanding and determination of the dispute. The panel shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. e. All evidence taken by the panel shall be under oath. f. The majority decision of the panel shall be rendered within ten (10) work days of the conclusion of the hearing and shall be final and binding and consistent with law and written policies. g. The parties should not discuss the substance of any grievance or the problem giving rise to the grievance with any panel members prior to or subsequent to the hearing. Any matters requiring the attention of the panel should be communicated in writing with copies to all parties. The panel shall have the authority to establish such other procedures for the hearing as are consistent with state law. 12.4 Compensation and Expense Reimbursement Guidelines Non- County employees serving as panel members are not compensated or reimbursed for any expenses. The time spent by County employees who serve as witnesses or panel members during normal working hours shall not have this time charged against any leave. It is expected that the number of witnesses called would remain within reasonable limits. Grievant's who are still employed by the County are compensated at their regular rate of pay for the time spent during normal working hours in the management -step meetings, the panel hearings and other hearings provided in the procedure. This compensation is not charged against any leave. C. Employees who are grieving termination are not compensated except in cases where a panel decision results in reinstatement with back pay. d. The grievance procedure is designed for an employee to go through the process without the necessity for representation. While the employee has the freedom to select a representative of his choice if desired, there is no provision for any compensation or expense reimbursement for a representative, whether such person is a County employee or someone outside of County service. Additionally, there is no provision for any compensation or expense reimbursement for a representative regardless of the outcome of the grievance process. 12.5 Appeal of a Panel Decision a. If a written request to reconsider the panel decision is submitted by either party within five (S) work days of receipt of the decision, the panel by majority vote may elect to review its decision and/or reopen the hearing for a good cause shown. 4 b. Any challenge of a panel decision on the grounds of inconsistency with law and written policy shall be submitted by either party within five (5) work days to the County Administrator. The County Administrator may on his own action remand to panel for further consideration a decision which appears to be inconsistent with law or written policy. d. Either party may petition the Frederick County Circuit Court for an order requiring implementation of the decision of the panel. 12.6 Retention of Records All complaints received by the County Administrator and responses from the panel will be kept by the HR Department for a period of three years. 5 XIII. PERSONNEL RECORDS 13.1 Policy The purpose of this policy is to establish an official personnel file and to provide a procedure governing the access, dissemination and purging of information contained within this file. The official personnel file shall be defined as the employment file containing personal information relevant to the individual's employment which is maintained by the HR Department. The official personnel file shall be the only file which is to be considered official and complete in matters related to wage and salary, employee selection, employee relations including promotion, discipline, evaluation and other official actions discussed herein. Information pertaining to any personnel related aspect of employment (i.e. unemployment compensation requests, etc.) shall be contained within the file. Access to personnel files shall be governed by the Virginia Freedom of information Act and as set forth herein. The following individuals shall be designated as having regular access to the official personnel files: a. The Board of Supervisors, the County Administrator, the Assistant County Administrator, the HR Director and his staff. b. The members of a grievance panel selected in accordance with the approved County grievance procedures. C. The Virginia Employment Commission - Unemployment Compensation Division. d. The Equal Employment Opportunity Commission and/or any other agency charged with responsibility for investigating claims of discrimination. C. Federal, State, or local law enforcement agencies during the investigation of a violation or potential violation of the law. The following individuals shall be designated as having regular access to a limited number of the official personnel files: a. Individual employees or former employees shall have regular access to their own personnel file after having satisfactorily demonstrated their identity. b. Department Heads shall have regular access to the official files of employees under their authority only. In the discretion of the County Administrator, however, the County may disclose the contents of any personnel file to such other persons as deemed appropriate. XIV. TERMINATION OF EMPLOYMENT 14.1 Resignation A resignation shall be defined as a voluntary separation from employment through written notification to the employing authority initiated by the employee. All employees desiring to resign their employment with the County shall submit written notification of such intent to their employing authority. This notification shall include the reason for resignation, the actual date the resignation is to become effective and shall be signed by the employee. A copy of the notification shall be forwarded to the HR Department for inclusion in the personnel file. It is requested that all employees give at least fourteen (14) calendar days notice prior to the effective date of resignation, except where specific circumstances prohibit such advance notification. Such resignation may be withdrawn by the employee at any time prior to the effective date, with the approval of the Department Head. For those employees who fail to submit the written notification prior to their resignation date, the employing authority shall forward a letter certified mail (return receipt requested) stating it is his understanding that the employee has voluntarily resigned employment. An employee's failure to respond within forty-eight (48) hours following receipt of the certified letter regarding any errors contained therein shall constitute a valid resignation. 14.2 Return of County Prone An employee leaving the service, whether through resignation, lay -off or dismissal is responsible for returning any County property which he may have in his possession. Upon termination, such property as HR manuals, ID cards, uniforms, badges, keys, etc., must be returned to the Department Head, the County Administrator or the HR Department. 14.3 Lay -Off The County reserves the right to separate employees for lack of available work or funds. In such cases, the employees affected shall be given a minimum of two (2) weeks advance notice or two (2) weeks severance pay at the discretion of the County Administrator. 14.4 Administrative Termination Employees who are hired by appointing authorities to fill positions that are later determined to be unavailable in the budget of the respective departments, or who are found not to meet the minimum qualifications of the position, following the actual start of work, shall have their employment administratively terminated as soon as convenient following the determination of the discrepancy. 14.5 Out -Take In order to process a terminating/retiring employee's final pay and benefits options, they are required to schedule and complete the out -take process with the HR Department as soon as possible and prior to their last day of work. 14.6 Exit Interview Frederick County is interested in knowing why an employee is leaving the County's work force. In order to improve our personnel policies and supervision, all terminating employees are urged to schedule an exit interview with the HR Director. Information received will not be made a part of the employee's personnel file. 14.7 Retirement An employee may retire in accordance with the provisions of the Virginia Retirement System (VRS). An employee who retires under VRS at or after age 50 years and with at least 20 years continuous service with Frederick County, and with a hire date prior to July 1, 1995, will be provided 100% health insurance coverage until eligible for Medicare, at which time the County will provide 100% supplemental insurance. An employee hired on /or after July 1, 1995 and who retires under VRS with full benefits (non- LEOs, at or after age 50 and with at Ieast 30 years service; LEOs, at or after age 50 with at least 25 years service) and with at least 30 (or at least 25 for LEOs) years continuous service with Frederick County will be provided 100% health insurance coverage until eligible for Medicare, at which time the County will provide 100% supplemental insurance. An employee hired on or after July 1, 2012 will not, upon retirement, be provided with healthcare coverage at the expense of the County, regardless of the employee's retirement conditions. An employee who retires under VRS with reduced benefits, and who is not eligible for Medicare benefits, may participate at their own expense in the group health insurance plan under COBRA. An employee who retires because of disability may participate at their own expense in the group health insurance plan for a period of twenty -nine (29) months under COBRA, or until they become eligible. for Medicare, whichever shall occur first. All payments shall be made in advance and sent to the County's Agent Of Record. XV. Ethics It is the policy of Frederick County to adhere to the highest standard of ethics and to educate its employees in those principles. It is also the policy of Frederick County to ensure that all of its employees follow the Ethics Policy and to subject those employees who disregard it to strict disciplinary action. 15.1 Political Activity The restrictions of this section are designed to protect every employee's right to vote and to keep this right free from interference, solicitation or dictation by any fellow employee, supervisor or officer. Additionally, this policy does not affect the right of an employee to hold political membership or office, serve as a political party officer, support a political party, express political opinions, and/or attend political meetings. Employees may participate in political activities provided that they do not a.) engage in any type of political activity while on -duty and /or in County uniform, b.) do not use County resources or equipment; or c.) engage in political activity on the premises of their employment with the County. No employee shall use the prestige, influence, or authority of his position for the purpose of interfering with or affecting the result of an election or nomination for office. 15.2 Conflict of Interest No employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of employees: Disclosure of Confidential In formation No employee shall, without proper authorization, disclose confidential information concerning the property, government, or affairs of the County which would provide information to advance the financial or other special interest of himself or others. Representing Private Interests Before Count} Agencies or Courts No employee whose salary is paid in whole or in part by the County shall appear in behalf of private interests before any agency of the County. He shall not represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. Other Conflicts of Interest No employee shall violate the provisions of Section 2.2 -3100 el. seq. ol` the Code of Virginia, as amended (The Virginia Conflict of Interest Act). 15.3 Outside and /or incompatible Employment No employee shall engage in any other employment or in any private business or in the conduct of a profession during the hours he is employed to work for the County or outside such hours to an extent that is likely to effect his efficiency as an employee of the County or that is likely to be in violation of the Virginia Conflict of Interest Act. No employee shall engage in any outside activity, either with or without remuneration, which would bring discredit or otherwise cast unfavorable light on the County or any Department of the County. Employees may take occasional part-time jobs elsewhere if in the opinion of the Department Head there is no conflict with working hours or conflict with interest of the County. Additionally, no employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties. 15.4 Nepotism No administrator or any other person in a supervisory position shall have under his direct supervision any employee whose relationship is of the first or second degree, either by blood or marriage. In the event of a promotion which brings about the conditions thus described, the employee of lower rank shall be transferred to another position for which he or she is qualified when a. vacancy occurs. Relationships of the first or second degree shall mean father, mother, brother, sister, spouse, son, daughter, son -in -law or daughter -in -law, sister -in -law or brother -in -law, father -in -law, mother -in -law, aunts, uncles, nieces, nephews, and first cousins. 15.5 Timekeeping Frederick County employees shall record all time worked accurately and honestly. Frederick County employees shall not knowingly falsify any charges whatsoever for any reason whatsoever. 15.6 Acceptance of Gifts and Gratuities An employee shall not accept or solicit gifts, gratuities, money or loans from organizations, business concerns, or individuals with whom the employee, on behalf of the county, has an official relationship. These limitations do not apply to the acceptance of items of negligible value when such acceptance promotes legitimate county goals and is received during the performance of official county business. It is particularly important, however, that inspectors and employees who have administrative or operating authority to approve or disapprove or otherwise affect a procurement transaction guard against relationships which might create the impression of or be construed as evidence of favoritism, coercion, unfair advantage, or collusion. XVI. EMPLOYMENT CLASSIFICATIONS 19.1 Full Time Employment Full time employment is defined as any person who, in consideration of wages or salary, performs a service for the benefit and under the control of the county and whose position is authorized as full -time by the Board of Supervisors. Full time positions that are authorized by the Board of Supervisors provide health and welfare benefits. 19.2 Part Time Employment Part time employment is defined as any person who is not in a position authorized as a full time position by the Board of Supervisors. Part time positions do not provide health and welfare benefits. However, part -time employees who work year -round and work a minimum of 30 (thirty) hours per week to catty out their job responsibilities will be entitled to the following personal leave time: The number of hours in an employee's personal leave day will be determined by the number of hours worked on an average day as designated by his position: • i.e. work 30 hours divided by 5 (workdays) = six personal leave hours earned for the month. • Personal leave time may not be used until it is earned. • Use of personal leave time shall be reflected on the timesheet as "PL ", such time will be paid at the straight time rate. Personal leave hours shall accrue annually. Personal leave hours must be used within the calendar year they are accrued and will not be transferred to the subsequent year. Personal leave hours will be used only upon approval of the supervisor. Upon separation of employment, any unused personal leave hours will be paid out at the employee's hourly rate at the time of separation. XVII. INCLEMENT WEATHER or UNSAFE CONDITIONS In an effort to clarify leave for inclement weather, the following policy is set forth. Inclement weather /unsafe conditions shall mean, with respect to a particular County worksite, weather, environmental or other public health /safety conditions are present that render travel to /from and/or attendance at that County worksite not reasonably safe. 16.1 Liberal Leave If there is inclement weather and/or unsafe conditions in the morning, an employee will be permitted, after appropriate contact with their department, late arrival to work or a full day's absence with the stipulation that the time must be made up within sixty (60) days. Make -up time will be scheduled and approved by the Department Head. Should the time not be made up within sixty (60) days, the employee will be charged annual leave for the amount of time in arrears. Should the weather become inclement during office hours, an employee may leave early with the approval of the Department Head with the understanding that the time will be made up within sixty (60) days. Should the time not be made up within sixty (60) days, the employee will be charged annual leave for the amount of time in arrears. 16.2 Administrative Leave If early dismissal is authorized by the County Administrator, employees will not be required to make up the time. If inclement weather and /or unsafe conditions develop prior to the start of the County workday, the County Administrator will decide whether or not to close the County offices. Should the decision be made to close the offices, the notification process will commence, i.e., radio station and cable television announcement. Employees will not be required to make up the time. An employee, who is on scheduled paid leave during an administrative closure, may charge administrative leave in place of the scheduled paid leave. However, an employee on a regular scheduled day off will not receive credit for the administrative leave. 16.3 Timekeeping Administrative leave and Liberal Leave must be accounted for on the timesheet. It shall be the Department Director's responsibility to oversee his employee's make -up time of liberal leave hours owed, and to reflect accurate balances in the liberal leave column. When Liberal Leave make -up hours are applied to the regular working day(s) and should such make -up hours cause overtime, the excess hours are not eligible for overtime payment. XV'III. APPLICABILITY OF MANUAL When an employee has doubt as to the applicability of a policy or provision of this - Manual to a particular situation, he should apply to the Director of Human Resources for his advice on the matter and be guided by that advice when given. The employee shall have the opportunity to present his interpretation of the facts at issue and of the applicable policy or provision(s) of the Manual before such advisory decision is made. This Manual shall be operative in all instances covered by its provisions except when superseded by an applicable statutory or charter provision and statutory or charter action is mandatory, or when the application of a statutory or charter provision is discretionary but determined to be more appropriate or desirable. COUNTY of FREDERICK Kris C. Tierney m / ' ' "' ° MEMORANDUM Assistant County Administrator 5401665 -5666 . Fax 5401667 -0370 TO: Human. Resources Members E -mail: ktierney @co.frederick.va.us FROM: Kris C. Tierney, Assistant County Administrate X ` j RE: ` Establishment of Public Information Officer Positions DATE: January 15, 2012 As a result of Hurricane Sandy the County Administrative offices, the Public Safety Building and the Regional Jail experienced a Ioss of phone and Internet service for 2 days. In addition, many citizens, including numerous county employees, were without power, and thus limited in their ability to obtain information such as weather updates or closure information. from conventional means (cable, radio, phone, and Internet). Following the event an ad -hoc committee of key County department and agency representatives was established to evaluate issues that arose from the communication challenges presented by the storm. Participants on the Committee included: Kris Tierney, Assistant County Administrator Dennis Linaburg, Fire and Rescue Chief Sheriff Robert Williamson LeeAnna Pyles, Director of Public Safety Communications Walter Banks, IT Director Chester Lauck, Emergency Management Kathy Sasser, Northwestern Regional Adult Detention Center Jay Tibbs, Deputy County Administrator Karen Vacchio, Parks and Recreation Public Information Officer Through their discussions the Committee developed a number of recommendations regarding back -up /alternate means for hosting phone and-Internet services, establishing procedures for the utilization of the County's existing emergency notification system to broadcast information and/or alerts to employees as appropriate in times of emergency, and establishing a County Facebook page and Twitter account in order to take advantage of these social media platforms as a means of making information more readily available to County citizens. These recommendations have all been implemented. The final recommendation was the creation of a staff position that would be focused specifically on the collection and dissemination of County information. The Committee recommended that a fulltime County Public Information Officer (PIO) position be established. 107 North Kent Street • Winchester, Virginia 22601 As proposed, the County PIO position would manage content and programming for the County's cable channel, website and social media sites, and would act as the liaison between the County government and the media. The PIO would also be the principle point of contact for 'Freedom of Information Act requests and would oversee compliance with State records retention laws and would function as the primary point of contact for media information during times of emergency. The position would report directly to the County Administrator and would provide guidance and assistance with various promotional activities, special events, public relations and community outreach and press releases. It is proposed that the position be established at the. R12 with a salary range of ($59 to $108,078..63) with the anticipation that the position would pay in the low to mid $60 A full job description is attached for. your review and information. Staff is requesting that the Committee approve the job description and recommend authorization of the position subject to funding approval. Please let me know if I can answer any questions. Job Description Public Information Officer GENERAL DEFINITON OF WORK Under the direction of the County Administrator, the POI manages, coordinates and provides leadership for the County's public information and engagement initiatives. Performs specialized work involving the preparation, publication and distribution of multi -media materials and press releases for the County. Responsibilities include assisting in establishing and maintaining cooperative relationships with community representatives, employees, public interest groups and the media. Provides expert advice, consultation, training and facilitation to all levels of county management in developing and implementing communication strategies and public participation programs M016" T. 'Y .I • Serves as primary county liaison to media, oversees and manages communications with the public, including local press, radio and television media. • Coordinates responses by County departments, offices, and agencies in accordance with the Virginia Freedom of Information Act (FOIA) and, as appropriate, prepares responses to such inquiries. • Plans and manages dissemination of information regarding county programs, services and general information to citizens, including oversight of the County's website and supervision of web content staff. • Oversees and manages the development, writing, design, production and editing of programming for the County's cable channel. • Assists county administration, constitutional officers and department heads in planning and arranging various promotional activities and special events including arranging press conferences for elected and appointed county officials. • Works with the county administrative staff in the preparation of complex reports, executive summaries, speeches and correspondence, formulates message and articulates the County's response to sensitive, controversial community issues. • Provides strategic and technical assistance to the County Administrator and elected officials relating to all aspects of public relations and the dissemination of public information. • Works closely with public safety and emergency services departments and serves as the media representative for the Emergency Operations Center when activated. • Develops and manages department budget. KNOWLEDGE, SKILLS, AND ABILITIES Extensive knowledge of modern principles and practices of public relations as applied to local government. Exceptional written and oral communication skills; proven ability to work effectively, productively, and diplomatically with and maintain effective working relationships with elected and appointed officials, employees, members of the media community organizations, and citizens. Ability to perform under pressure and make effective presentations to civic/business organizations. Working knowledge of local government; including, criminal justice, emergency service systems, and FOIA. Substantial knowledge of word processing and web content management and computer graphics. Basic knowledge of television production and broadcast processes and techniques. EDUCATION AND EXPERIENCE Bachelor's degree in Public Administration, Public Relations, Communication, Journalism or English, or substantially similar field required. Minimum of five years of experience in designing and implementing community based information programs, editing and writing publications, preparing media releases. COUNTY of FREDERICK Kris C. 'Kerney MEMORANDUM Assistant County Administrator ]736 5401665 -5666 Fax 5401667 -0370 TO: Board of Supervisors E -mail: ktierney@Pco.frederick.va.us FROM: Kris C. Tierney, Assistant County Administratox�i// RE: LHSD Dam Working Committee Report of January 22, 2013 Meeting DATE: February 6, 2013 The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2nd Floor of the 107 North Kent Street complex, on Tuesday, January 22, 2013 at 10:00 a.m. No Items Require Board Action 1) Public Works Staff provided the Committee with a general update on the status of the spillway project. The project is roughly two months behind schedule as a result of various complexities, including the intricate nature of the required backfill and freezing temperatures. The vast majority of concrete has been poured. It is anticipated that the contractor will be able to allow the water level to begin coming back up by mid — March. The goal at this point is to reach substation completion (water level back to normal and traffic across the bridge) by the end of April and total project completion by the end of May. 2) Staff gave a status report of Collections The table below reflects December, 2012 collections as of January, 2013. Delinquencies were slightly higher (9.5% for buildable and 58% for membership lots) than in past collections, however we are only a month out from the bill due date. It is anticipated that the delinquencies will decrease some as late payments continue to be received. Collections remain adequate to meet debt service. Lot Type Number of Lots 2nd Half Tax Total Dec. Charge Number Delinquent Percent Delinquent Amount Delinquent Buildable 1,220 $339 $413,580 134 9.5% $43,753 Unbuildable 1,536 $132 $202,752 887 58% $115,786 Totals 2,756 $616,332 1,021 37% $159,539 3) Discussion of proposed Improvements to Downstream Channel Public Works staff gave a presentation demonstrating the staff's concern regarding future erosion in the channel just downstream of the spillway as a result of the increased flows produced by the new spillway. Of particular concern was the 107 North Kent Street - Winchester, Virginia 22601 potential for erosion on the sacrificial berm which protects the toe of the darn from the spillway discharge. Staff also presented a proposed remediation that could be achieved as a change order to the current spillway contract. The Lake Holiday representatives on the Committee agreed to take the information back to the LHCC Board seeking approval of the proposed change order.