Loading...
January 10 2018 Board_Agenda_PacketAGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 10,2018 5:30 P.M., 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:30 P.M. Closed Session: (1)Closed Session, pursuant to Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the Board regarding a legal matt proposals, said matter requiring the provision of legal advice by such counsel. (2)Closed Session, pursuant to Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the responsibilities concerning one or more other political subdivisions of Virginia, said matter requiring the provision of legal advice by such counsel. (3)Closed Session, pursuant to Section 2.2-3711(A)(7) and (8) of the Code of Virginia(1950, as amended), for consultation with legal counsel, staff members, and/or consultants employed and/or retained by the Board regarding the matter of Stonewall Industrial Investors, LLC vs. Frederick County, Virginia, et al., currently pending in the Frederick County Circuit Court, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the Board and said matter requiring the provision of legal advice by such counsel. 7:00 P.M. -Regular Meeting -Call To Order Invocation Pledge of Allegiance AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 10,2018 PAGE 2 Organization of the Board of Supervisors for 2018: (See Attached)A ------------------- Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: A.Election of Vice-Chairman B.Adoption of Rules of Procedure C.Selection of a Parliamentarian D.Selection of Time and Place for Regular Meetings E.Annual Committee Assignments: 1.Board Assignments to Committees. 2.Citizen MemberAssignments to Standing Committees. 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: B) Citizen Comments(Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes:(See Attached)B ------------------------------------------------------------------------------- ClosedSessionandRegular Meeting, November 8, 2017. Joint Work Session with,PlanningCommissionand Economic Development Authority, November 29, 2017. Regular Meeting, December 13, 2017. Budget Work Session, December 20, 2017. County Officials: 1.Recognition of Employee of the Year. AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 10,2018 PAGE 3 2.Presentation by Tourism Director Re: Update on Tourism Board Activities. (See Attached)C 3.Committee Appointments. ------------------------------------------- (See Attached)D 4.Request from Commissioner of the Revenue for Refund. -- Committee Reports: (See Attached)E 1.Human Resources Committee.------------------------------------ (See Attached)F 2.Finance Committee. --------------------------------------------------- (See Attached)G 3.Transportation Committee. ------------------------------------------ Planning Commission Business: Public Hearing: 1.Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, Submitted for Establishment of aSpecial Event Facility in the RA (Rural Areas) Zoning District. The Property is Located at 4212 Apple Pie Ridge Road, Winchester, Virginia and is Identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial (See Attached)H District.-------------------------------------------------------------------- Other Planning Items: 1.DiscussionProposed Ordinance Amendment Solar (Photovoltaic) (See Attached)I EnergyFacility.--------------------------------------------------------- Board Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjourn COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Amendment to Rules of Procedure DATE: January 5, 2018 Attached please find a copy of the Boards Rules of Procedure, wh Boards reorganization. Staff has reviewed the document and has one pro4 Citizen Comments Period. In the last sentence of the first paragraph the word shall has bee should. The reason for this change is to provides the Board with more flexibility to allow interested citizens to speak to non-public hearing agenda items. As currently written, the word s citizen must have signed up in order to address the board during change to the word should would allow the Board the ability towho might want to, address the Board, but for some reason missed the sign-up period. The sign-up is still encouraged and preferred so we can ensure citizens their specific issues at the appropriate time. If the Board is agreeable to this change, a draft motion has beenenclosed for your consideration. If you have any questions, please do not hesitate to contact me. Attachment RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I -MEETINGS Section1-1.Annual Meeting; Schedule of Regular Meetings On the second Wednesday of January of each year, or on such other date in the month of of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, andplace of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met. Section 1-2.Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3.Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4.Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 2 of 13 Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. Section 1-9. [Amended 09/14/11] The proceedings of the Board of Supervisors, except as otherwise provided in these rules Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 3 of 13 to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda, or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II - OFFICERS Section 2-1.Chairman and Vice Chairman[Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re-elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 2-2. Authority of the Chairman U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 4 of 13 The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize pers the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 2-3. Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III - AGENDA Section 3-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 5 of 13 information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3-2.Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3-3. Posting and Notice A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page at www.frederickcountyva.gov, both outside e main interior doors to the meeting room, Section 3-4. Copies The Clerk or Deputy Clerk of the Board shall prepare or cause to be prepared extra copies of the agenda and supporting information and shall make the same available to the Handley Regional Library located at Braddock and Piccadilly Streets, Winchester, Virginia, and the Bowman Library located at 871 Tasker Road, Stephens City, Virginia at the same time the agenda is posted pursuant to Section 3-3, above. Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. The Clerk or Deputy Clerk shall also have a copy of agenda packets available at each meeting. ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 6 of 13 Invocation Pledge of Allegiance Adoption of Agenda Consent Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes County Officials Committee Reports Public Hearings (When Required) Planning Commission Items-Public Hearings (When Required) Planning Commission/Department-Other Items Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 4-3. Consent Agenda The Consent Agenda shall be int and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 7 of 13 Section 4-4. Citizen Comments Period [Amended 4/14/04] [Amended 01/10/18] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the Consent Agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period should shall provide their name, the issue they want to address, and their place of residence on the register provided. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are not part of the regular meeting agenda. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their place of residence prior to their comments. Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three minute time limitation. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 4-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such r-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 8 of 13 questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE V - PUBLIC HEARINGS Section 5-1. Format for Public Hearings It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 5-2.Order of Business At public hearings, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Hearing (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 5-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 5-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 9 of 13 should be summarized and only new information should be presented in detail at the meeting. Section 5-5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen Responsibilities. Prior to permitting public comment, the Chair shall determine, to the best of his ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair determine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before the hearings begin. Section 5-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 5-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 5-8. Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 5-9. Staff and/or Applicant Response U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 10 of 13 The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 5-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VI - CITIZEN RESPONSIBILITIES Section 6-1.Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 6-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers, but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 6-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 6-4. Name and Place of Residence U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 11 of 13 Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and place of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of y to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6-6.Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 6-7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shall yield the floor when informed their time has expired. Section 6-8. Registration Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name, place of residence and district. Section 6-9.Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 6-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 12 of 13 Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VII - APPOINTMENTS Section 7-1. Appointments The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to Section 7.2. Committee Appointments[Amended 01/25/06] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a r the county at large. A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a perspective nominee, the following process shall be followed: 1.Applications for vacancies are available through Board members and the County nominations; however, a completed application for candidates being reappointed shall not be required. 2.Applications shall the Thursday preceding a Board meeting in order that they might be included in the agenda for review by the members of the Board. 3.The applications will be acknowledged at the aforesaid meeting with action on the appointment to be taken at the next regular meeting of the Board. ARTICLE VIII - AMENDMENTS Section 8-1.Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx Rules of Procedure Frederick County Board of Supervisors Page 13of 13 (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) U:\TJP\board\Misc\RevisedRulesofProcedure(Final)Document(BdMtg052803)(Amended011018).docx ADOPTION OF RULES OF PROCEDURE ImovethattheBoardadopttheRulesofProcedureoriginallyadopted bythe FrederickCounty Board ofSupervisorson May 28,2003,amendedJanuary10, É 2018, andRoberts RulesofOrderSimplifiedandApplied. SELECTION OF A PARLIAMENTARIAN ImovethattheBoardelectthe County AdministratorasParliamentarian. SELECTION OF A TIMEANDPLACEFORREGULAR MEETINGS ImovethatthesecondandfourthWednesdaysofeachmonth,at7:00P.M., É inthe Board ofSupervisorsMeetingRoom,CountyAdministrationBuilding,107 NorthKentStreet,Winchester,Virginiabethetimeandmeetingplaceforthe FrederickCounty Board ofSupervisors for 2018.Ifurthermovethat should a meetingbecancelledduetoinclementweather,itwilltakeplaceonthefollowing evening. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES Joint Work Sessionwith Frederick CountyPlanning Commission, Frederick County EconomicDevelopment Authority, and Frederick Water November 20, 2017 MINUTES Frederick County Board of Supervisors Joint Work Session with Frederick County Planning Commission, Frederick County Economic Development Authority, and Frederick Water Wednesday, November 29, 2017 7:00p.m. Board Meeting Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice-Chairman Gene E. Fisher; Blaine P. Dunn; Robert W. Wells; and J. Douglas McCarthy were present. Gary A. Loftonand Judith McCann-Slaughterwere absent.Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator for Human Services; Roderick B. Williams, County Attorney; Ann W. Phillips, Deputy Clerk to the Board of Supervisors Planning Commission: Roger L. Thomas; Gary R. Oates; Christopher M. Mohn; Kay Dawson; Kevin W. Kenney; William H. Cline; Charles E. Triplett; Lawrence R. Ambrogi; and June M. Wilmot were present. Gregory L. Unger; H. Paige Manuel; Robert S. Molden; and J. Rhodes Marston were absent.Staff present: Michael T. Ruddy, Director of Planning and Development; Candice Perkins, Assistant Planning Director; Tyler Klein, Planner Economic Development Authority: Doug C. Rinker; J. Stanley Crockett; John R. Riley, Jr. were present. Dennis McNutt; James L. Longerbeam; Bob Claytor; and Gary A. Lofton were absent. Staff present:Patrick E. W. Barker, Executive Director Frederick Water: Gary R. Oates; J. Stanley Crockett; and Tom Simon were present. Martha Dilg and Christopher E. Collins were absent. Staff present: Eric Lawrence, Executive Director; and Mike Newlin, Engineer. OTHERS PRESENT Supervisor-Elect Shannon Trout; Josh Janney, The Winchester Star CALL TO ORDER Chairman DeHaven called the work session to orderat 7:00p.m. PRESENTATION Eric Lawrence of Frederick Water presented information from the 2017 Master Plan compiled by Buchart Horn and adopted by Frederick Water in August 2017. He highlighted plans for immediate changes in the system as well as growth projections and possible necessary improvements to support new development in five, ten, and 15 years. Mr. Lawrence noted that with limited capacity allocated to the system, heavy water users will take capacity away from smaller users and may cause Frederick Water to have to spend on infrastructure. He added that Frederick Water has adjusted consumption and availability fee rates in response to the Master Plan. Mr. Lawrence advocated for clear communication among the boards attending the work session when planning for future growth. There was an opportunity for questions following the presentation. ADJOURN There being no further business, the meeting was adjourned at 8:13 p.m. MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS December 13, 2017 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 13, 2017 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 13, 2017 at 7:00P.M., in the Board of Supervisors meeting room, County Administration Building, 107 North Kent Street, Winchester, VA. ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gene E. Fisher, Vice- Chairman;Blaine P. Dunn; J. Douglas McCarthy; Gary A. Lofton; Judith McCann-Slaughter; and Robert W. Wellswere present. Staff present : Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Michael T. Ruddy, Director of Planning and Development; Candice Perkins, Assistant Planning Director;John Bishop, Assistant Planning Director; Tyler Klein, Planner; Mark Cheran, Zoning and Subdivision Administrator; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors were present. CALL TO ORDER Chairman DeHaven called the meeting to orderat 7:00 p.m. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE 1 Frederick County Board of Supervisors Minutes –December 13, 2017 Supervisor Loftonled the Pledge of Allegiance. ADOPTION OF AGENDA Upon motion of Supervisor Wells, seconded by Supervisor Lofton, the agenda was adopted unanimously. ADOPTION OF CONSENT AGENDA Upon motion of Supervisor Lofton, seconded by Supervisor Fisher, the consent agenda was adopted as presented unanimously. Consent Agenda items: Minutes of October 11 and October 25, 2017 Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the November 2017 Election Information Technologies Committee Report–Appendix A Human Resources Committee Report-Appendix B Public Safety Communications Committee Report-Appendix C Landfill Oversight Committee Report–Appendix D Public Works Committee Report–Appendix E Transportation Committee Report–Appendix F Road Resolution –Round Hill Fire Station–Appendix G CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no comments from the Board members. APPROVAL OF MINUTES–APPROVED ON CONSENT AGENDA The minutes of October 11 and October 25, 2017, were approved under the consent agenda. 2 Frederick County Board of Supervisors Minutes –December 13, 2017 EMPLOYEE OF THE MONTH On motion of Supervisor Wells, seconded by Supervisor Dunn, the following resolution recognizing Trisha Clevenger as Employee of the Month was approved. Chairman DeHavenread and presenteda copy of the resolution to Trisha Clevenger. EMPLOYEE OF THE MONTH RESOLUTION AWARDED TO: TRIA D. CLEVENGER WHEREAS , the Frederick County Board of Supervisorsrecognizesthat the County's employees are a most important resource; and, WHEREAS , on September 9, 1992, the BoardofSupervisors approved a resolution whichestablished the Employee of the Month awardand candidates for the award may benominated by anyCounty employee; and, WHEREAS , the Board of Supervisors upon recommendation by the Human Resources Committee selects oneemployee from those nominated; and, WHEREAS ,Trisha D. Clevenger who serves asa Correctional Officer II with the Northwestern Regional Adult DetentionCenter was nominatedfor Employee ofthe Month; and, WHEREAS ,Trisha D. Clevenger's work ethic has proven her to be an asset to her teamas well as the facility. OnSaturday, September 29, 2017, she was working main control byherself, whichis a demanding post, but took theextra time from herregular duties to monitor another Officer that was workingthe special managementunit at the time. Officer Clevenger does thisregularly toensure the Officer's safety and thesecurity of the facility. OfficerClevenger observed the inmate housedinthe unit becoming belligerent andthen proceededto assault the Officer. Officer Clevenger controlled her emotions in this highly stressful situation,even though it was afellow Officerwhowas assaulted and promptly calledforassistance. OfficerClevengerthen,keepinga visualon the Officer, opened all necessary doorsto get availablestaff into assist with the incident. Due toOfficer Clevenger's diligence, the assaulted Officer received only minor injuries even withthe severity oftheincident.; and, NOW, THEREFORE BEIT RESOLVED , by theFrederick County Board ofSupervisors this 13th day ofDecember 2017,that Trisha D. Clevenger is hereby recognized as the FrederickCounty Employee of the Month for December 2017;and, BE ITFURTHER RESOLVED thatthe Boardof Supervisors extends gratitudetoTrisha D. Clevenger for her outstanding performance and dedicated service and wishes hercontinued success infuture endeavors; and, BE ITFURTHER RESOLVED, that Trisha D. Clevenger is hereby entitledto all oftherights and privileges associated with his award. County of Frederick, VA Board of Supervisors Charles S. DeHaven, Jr., Chairman + + ++ + + + + + ++ + 3 Frederick County Board of Supervisors Minutes – December 13, 2017 COMMITTEE APPOINTMENTS APPOINTMENT OF BRYAN FAIRBANKS TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon motion of Supervisor Lofton, seconded by Supervisor Wells,Bryan Fairbanks was appointed on a voice vote to the Economic Development Authority for a four-year term ending November 10, 2021. APPOINTMENT OF MARIANNE BIVIANO AND HUGH B. VAN METER TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE – APPROVED Upon motion of Supervisor Lofton, seconded by Supervisor Wells, Marianne Biviano and Hugh B. Van Mater were each appointed on a voice vote to the Shawneeland Sanitary District Advisory Committee for a two-year term ending on November 9, 2019. RE-APPOINTMENT OF GARY R. OATES AS A STONEWALL DISTRICT REPRESENTATIVE TO THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Gary R. Oates was re-appointed on a voice vote to the Frederick County Planning Commission representing the Stonewall District for a four-year term ending January 11, 2022. APPOINTMENT OF CAROLYN RUTHERFORD AS THE SHAWNEE DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL –APPROVED Upon motion of Supervisor Fisher, seconded by Supervisor Lofton, Carolyn Rutherford was appointed on a voice vote to the Extension Leadership Council representing the Shawnee District for a four-year term ending December 12, 2022. RE-APPOINTMENT OF RUTH BODEN AND HEATHER MCKAY AS MEMBERS-AT-LARGE TO THE EXTENSION LEADERSHIP COUNCIL – 4 Frederick County Board of Supervisors Minutes – December 13, 2017 APPROVED Upon motion of Supervisor Lofton, seconded by Supervisor Slaughter, Ruth Boden and Heather McKay were each re-appointed on a voice vote to the Extension Leadership Council as member-at-large for a four-year term ending February 13, 2022. ACKNOWLEDGEMENT OF RECEIPT OF CERTIFIED COPIES OF THE ABSTRACT OF VOTES FROM THE NOVEMBER 7, 2017, GENERAL ELECTION – APPROVED ON CONSENT AGENDA Receipt of the Abstracts of Votes was approved under the consent agenda. COMMITTEE REPORTS Information Technologies Committee Report –Approved on Consent Agenda See Appendix A Human Resources Committee Report –Approved on Consent Agenda See Appendix B Public Safety Communications Committee Report –Approved on Consent Agenda See Appendix C Landfill Oversight Committee Report –Approved on Consent Agenda See Appendix D Public Works Committee Report –ApprovedonConsent Agenda See Appendix E Transportation Committee Report –Approved on Consent Agenda See Appendix F Parks and Recreation Commission Report –Approved SeeAppendixG RAPPROVED Park and Stewardship Planner John Turkel appeared before the Board regarding this item and provided a brief overview of the need for the need for assurance that the County would accept the property. Supervisor Dunn moved that the Board approve the following resolution. Supervisor Fisher seconded the motion which carried as follows on a roll call vote: 5 Frederick County Board of Supervisors Minutes – December 13, 2017 Gary A. Lofton Aye J.Douglas McCarthyAye Robert W. Wells Aye BlaineP. DunnAye Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye RESOLUTION AUTHORIZING ACCEPTANCE OF REAL PROPERTY FROM THOMAS G. SCULLY December 13, 2017 WHEREAS, Thomas G. Scully is the record owner of eight (8) certain parcels of land situate in Redbud Magisterial District in Frederick County; and WHEREAS, said parcels are identified as: Lot 1, Section B in Rolling Fields Subdivision, Tax Parcel Numbe1; Lot 2, Section B in Rolling Fields Subdivision, Tax Parcel Numbe2; Lot 3, Section B in Rolling Fields Subdivision, Tax Parcel Numbe3; Lot 4, Section B in Rolling Fields Subdivision, Tax Parcel Numbe4; Lot 5, Section B in Rolling Fields Subdivision, Tax Parcel Numbe5; Lot 6, Section B in Rolling Fields Subdivision, Tax Parcel Numbe6; Lot 7, Section B in Rolling Fields Subdivision, Tax Parcel Numbe7; and Lot 8, Section A in Rolling Fields Subdivision, Tax Parcel Numbe8. This land being a portion of the land conveyed to Thomas G. Scully from David G. Simpson Meade Simpson in Deed Book 328 page 585; and WHEREAS, Thomas G. Scully has indicated an interest in donating the above-referenced lots to the County for the purpose of promoting outdoor recreation within the County; and WHEREAS, the Board of Supervisors intends to accept the gift of land fro the same is offered. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby authorizes the County Administrator, Kris Tierney, to acc property from Thomas G. Scully on behalf of the County. + + ++ + + + + + ++ + R MU-APPROVED Park and Stewardship Planner John Turkel appeared before the Board regarding this item saying the addendum formalizes the agreement for trail improvements in Rose Hill Park. Supervisor Dunn moved that the Board approve the following Rose Hill Memorandum of Understanding Addendum #2. Supervisor McCarthy seconded the motion which carried as follows on a roll call vote: Gary A. Lofton Aye 6 Frederick County Board of Supervisors Minutes – December 13, 2017 J.Douglas McCarthyAye Robert W. Wells Aye Blaine P. DunnAye Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye ADDENDUM NO. 2 To the MEMORANDUM OF UNDERSTANDING Between The COUNTY OF FREDERICK, VIRGINIA (County) and the GLASS GLEN-BURNIE FOUNDATION (GGBF) and the GLASS GLEN-BURNIE MUSEUM, INC. (GGBM) th I.On the 5 of May 2014, the County, GGBF, and GGBM entered into a Memorand Understanding (MOU) for the purpose of developing a portion of t known as Rose Hill), located at 1985 Jones Road in the County of Frederick Vi identified with Property Identification Number 62-A-73B in the B th District. On the 10 of August 2016, the parties amended the reference MOU with Adde No. 1. II.The parties now mutually desire and agree to amend the reference Ma as follows. Add Article 27, The County shall have the opportunity to installn expense, dirt surface hiking/walking trails on the 115.4 acre parntified in Exhibit A of the May 2014 MOU. Trail location and design shall be agreed o commencing work and include a 3 maintenance buffer area from the  Add Article 28, Any added trail or other agreed upon amenity sha an extension of the lease area to the County, to include an agre the actual amenity. All other terms and conditions that are not hereby amended are to THIS AGREEMENT EXECUTED IN DUPLICATE with one copy to Glass-Glen Burnie Foundation, and the other to the County of Frederick, Virginia. + + ++ + + + + + ++ + PLANNING COMMISSION BUSINESS Public Hearings: 1.Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, Submitted for Construction of a Special Event Facilities. The Property is Located at 283 7 Frederick County Board of Supervisors Minutes – December 13, 2017 Barracks Lane, Winchester, Virginia and is Identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. – APPROVED Planner Tyler Kleinsaidthat if the Board of Supervisors finds this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1.All review agency comments shall be complied with at all times. 2.Anengineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. Building permits are also required for all buildings and structures. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks Lane (private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A- 261 to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52-A-280A in general conformance with the layout below: In the future, should the owner of parcel 52-A-261 be able to secure private access to 7. Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route 654)through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. 8.Events may accommodate up to and not to exceed 280 persons. 9.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 10.Any expansion or modification of this use will require the approval of a new CUP. The applicant, Carolyn (Dixie) Scheulen, stated her intention to use the facility two days a week, and indicated that the facility will not be a burden. She added that the location has been chosen for the least impact on the environment. 8 Frederick County Board of Supervisors Minutes – December 13, 2017 Chairman DeHaven opened the public hearing. The public hearing speakers were: Sara Snow, Gainesboro District, who said she is not opposed to the event center. She said the applicant’s mother operates a similar facility with no complaints or problems. Stephanie Standerfer, Back Creek District, expressed her concerns about the event center and spoke against the CUP being granted. She thanked the Board members for talking with her about the matter. Claire McDonald, head of the Winchester Independent School, said she is worried about the easement through the Round Hill Fire Hall. She said the school is considering purchasing the Round Hill Fire Hall building, and requested that the Board table its decision for 30 days to allow respective parties time for further reviewof the traffic issues. Brett Haynes,of Oakcrest Company, said he represents the Fire Company and while they have no objection to the event center, their concern regards the right of way on their property being used for access to the event center. Katie Boyd, Back Creek District, spoke in favor of the CUP for the event center. Rocky Keplinger, Back Creek District, said the comparison to the Cloverdale event center is not applicable because Cloverdale is in a valley while the site in question is not in a valley and will affect 29 houses on Woodchuck Lane. He said there are traffic concerns and the event center should make the least possible impact on the area. Barbara Singhas, Back Creek District, said she lives on the right of way and the event center will have an impact on the possible sale of the fire hall property to the Winchester Independent School. She noted concerns about wells in the area and said the event center could affect other wells. 9 Frederick County Board of Supervisors Minutes – December 13, 2017 Lisa Bell, said she owns three homes on Woodchuck Lane. She spoke in favor of the CUP for the event center adding that the farm could have been sold for a subdivision rather than the event center. Bob Boyd, Back Creek District, said that granting the CUP for the event center will allow his family to continuing farming for another generation. He said the use will be low impact. He asked that the issue not be tabled for 30 days. Ross Hewitt, Back Creek District, said he is also close to Cloverdale event center and it has been a positive addition to the agricultural community. He said that the farming community is being pressed out by development. Greg Miller, Back Creek District, said that noise is his biggest concern. He asked that if the CUP is granted, a sound barrier be installed and amplified music be kept inside. Toby Cunningham, Back Creek District, said the event center will bring traffic and noise to his road. He said he lives on a blind hill. He goes to bed early, and traffic safety is his biggest concern. Chairman DeHaven closed the public hearing. Ms. Scheulen addressed the concerns that had been expressed. She said that the Health Department has approved their well location. She said the event center will not be installing commercial septic operation which will reduce the number of days per week that she will be allowed to operate. She noted concerns about noise, and showed slides detailing distances to homes for several event centers in surrounding counties. Ms. Scheulen noted she began the approval process in February 2017, and has worked patiently through the process. She said she desires that the Board vote this evening. Supervisor Lofton said he appreciated the patience of the applicant. He asked whether the applicant or a family member would be available by phone during events in case a neighbor had 10 Frederick County Board of Supervisors Minutes – December 13, 2017 a complaint, and whether the applicant would add a tree barrier. Supervisor Lofton asked whether the applicant would agree to the replacement of conditions number 6 and 7 to provide instead for access directly to Round Hill Road. Ms. Scheulen said she would agree to Supervisor Lofton’s requests. Supervisor McCarthy said he was sympathetic to the farming community and inquired why a CUP was being sought. s. Scheulen explained the property currently does not adjoin her other property and cannot be M an accessory use, therefore the CUP was required. Supervisor McCarthy asked if the rest of the property would stay in farming per the current Code. The applicant said the plan is for the property to stay in farming. Supervisor McCarthy said he has concerns about hearing of the Round Hill fire hall access at the last minute, adding that he would like more time to consider the options as requested by the Winchester Independent School representative. The applicant said the event center will be lowimpact and will complement the school use of the fire hall building. Supervisor Dunn asked about amplified music. The applicant clarified that amplified music will be used both inside and outside, but will be limited to before 9:00 p.m. for outdoor use. The Board discussed the topic. Supervisor Lofton noted that the County has promoted agribusiness, and the event center use has been codified for that reason. He said that the property could be used for 5 acre lots which would be a drain on the tax base with schools and will add traffic. He added the event center will bring revenue with minimal impact.He encouraged the Winchester Independent School to work with the Scheulens to relocate the right-of -way to better advantage for both interested parties. Supervisor Lofton moved that CUP #07-17 be approved. 11 Frederick County Board of Supervisors Minutes – December 13, 2017 Supervisor Fisher seconded the motion. Supervisor Lofton moved to amend his motion to include the replacement of conditions #6 and #7. Supervisor Fisher seconded the motion, adding that history is a good teacher and he remembers that 900 acres became 2500 homes. He said the event center is an appropriate use for the area. Supervisor Dunn said he is sympathetic to the farming community, but is concerned about the right-of-way issue. He said he had a conversation with both the applicant about how to mitigate the right-of-way concerns and the Winchester Independent School representative. Supervisor Dunn said that he is concerned about noise. He said the Board has had the information for one day, and he is asking that the Board take 30 days to solve a problem. Supervisor Dunn moved that the Board delay action on the previous motion for 30 days. Supervisor McCarthy seconded the motion which was defeated on a roll call vote: Gary A. Lofton No J.Douglas McCarthyAye Robert W. Wells No Blaine P. DunnAye Gene E. FisherNo Judith McCann-SlaughterNo Charles S. DeHaven, Jr. No The previous motion to approve the following Resolution granting CUP #07-17 carried on a roll call vote: Gary A. Lofton Aye J.Douglas McCarthyNo Robert W. Wells Aye Blaine P. DunnNo Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye RESOLUTION CONDITIONAL USE PERMIT #07-17 CAROLINE (DIXIE) SCHEULEN SPECIAL EVENT FACILITY WHEREAS, ConditionalUse Permit #07-17 for a Special Event Facility, submitted by Caroline (Dixie) Scheulen was considered. The Property is located at 283 immediately south of Route 50 (Northwestern Pike) and Round Hill Lane and is further identified with Property Identification Numb-A-261, in the Back Creek Magisterial District; and 12 Frederick County Board of Supervisors Minutes – December 13, 2017 WHEREAS, the Frederick County Planning Commission held a public hearing o Permit on September 20, 2017 which was postponed, and action was taken on the requ 2017 and recommended approval of the Conditional Use Permit with WHEREAS, the Frederick County Board of Supervisors held a public hearing al Use Permit during their regular meeting on December 13, 2017; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of to be in the best interest of the public health, safety, welfare Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the z Permit Application #07-17 for a Special Events Facility on the parcel identified by Pro Number 52-A-261 with the following conditions: 1.All review agency comments shall be complied with at all times. 2.An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick establishment of the use. Building permits are also required for. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall con midnight. 4.All outside music shall conclude by 9 p.m. Music may continue ind event. 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Access to the property shall be provided to Round Hill Road (Rout-foot wide private right-of-way as specified in the deed recorded in Deed Book 727, at Page in the plat attached to that deed, and also specified in the dee 170000640. The owner shall construct a commercial entrance from-of- way onto Round Hill Road to Virginia Department of Transportatio owner shall also restrict other points-of-access to the property (including, but not limited to, the existing entrance to Barracks Lane) as private and not for use 7.Events may accommodate up to and not to exceed 280 persons. 8.One (1) monument style sign with a maximum sign area not to excee to exceed 10 feet (FT) in height is permitted. 9.Any expansion or modification of this use will require the approv Passed this 13th day of December 2017. + + ++ + + + + + ++ + 2.Rezoning #04-17 for Carbaugh Business Center, Submitted by Stowe Engineering, PLC, to Rezone Two Parcels of Land that Total 107.21+/- Acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with Proffers. The Site has an Address of 831 Shady Elm Road 13 Frederick County Board of Supervisors Minutes – December 13, 2017 (Route 651) and is Located on the Eastern Side of Shady Elm Road, Approximately 1.11 Miles Southwest of the Intersection of Shady Elm Road and Apple Valley Road (Route 652). The Eastern Portion of the Site is Bounded by the CSX Railroad. The Properties are Identified by Property Identification Numbers 74-A-68 and 74-A-69 and are Located in the Back Creek Magisterial District. - APPROVED Assistant Planning DirectorCandice Perkins appeared before the Board saying this is an application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. She said the subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is generally consistent with the requested M1 zoning. Ms. Perkins said with this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the site that have been identified as important to the overall transportation solution for this general area. She continued saying the Applicant has proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm Road, limits on the number of access points for the site, and inter-parcel connections for all new parcels. She added the Applicant has also provided proffers for the screening of loading docks, landscaping, signage, documentation of the Carbaugh House and monetary proffers for fire and rescue purposes. She said the Planning Commission recommended approval of the rezoning application at their November 1, 2017 meeting. Supervisor Fisher asked for clarification of the 80’ set aside for bridge construction. Assistant Planning Director-Transportation John Bishop said that there is currently no design, but 80’ will be enough width. Tim Stowe of Stowe Engineering P.L.C., representing the applicant, highlighted how the proposal fits the comprehensive plan. 14 Frederick County Board of Supervisors Minutes – December 13, 2017 Supervisor Dunn asked about the length of the multi-use trail. Mr. Stowe said the trail will be the full length of the project, 2500’ Chairman DeHaven opened the public hearing. There were no public hearing speakers. Chairman DeHaven closed the public hearing. Supervisor Lofton moved for approval of the following ordinance amending the zoning map per Rezoning #04-17 for Carbaugh Business Center, Submitted by Stowe Engineering, PLC. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Gary A. Lofton Aye J.Douglas McCarthyAye Robert W. Wells Aye Blaine P. DunnAye Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-17 CARBAUGH BUSINESS CENTER WHEREAS, REZONING #04-17 Carbaugh Business Center, submitted by Stowe Engineering, PLC to rezone two parcels of land that total 107.21± acres from the Industrial) District with proffers with a final revision date of October 19, 2017 was considered. The site has an address of 831 Shady Elm Road (Route 651) and are located Elm Road, approximately 1.11 miles southwest of the intersection of Road (Route 652). The southeastern portion of the site is bounded by Creek Magisterial District and is identified by Property Identificatio-A-68 and 74-A-69; and WHEREAS, the Planning Commission held a public hearing on this rezoning o and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezonin 2017; and WHEREAS, the Frederick County Board of Supervisors finds the approval og to be in the best interest of the public health, safety, welfare, and Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone two parcels of land that total 107.21± acres from the RA (Rural Areas) District to the M1 (Ligh with a final revision date of October 19, 2017. The conditions v Applicant and the Property Owner are attached. + + ++ + + + + + ++ + 15 Frederick County Board of Supervisors Minutes – December 13, 2017 3.2017-2022 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 Component of the 2035 Comprehensive Plan. - APPROVED Assistant Planning Director Candice Perkinsappeared before the Board saying th e Capital Improvements Plan (CIP) is a document that consists of a schedule of major capital expendituresfor the County for the ensuing five-year period. She said the document is an advisory document, updated a funding request. She said the document was compiled with budget figures annually, and is not from January 2017. Ms. Perkins concluded saying the Planning Commission affirmedthat the projects containedwithin the 2017-2022 CIP are in conformance with the 2035 Comprehensive Plan and sent the plan forward to the Board of Supervisors, and if adopted, the CIP and included maps will become a component of the Comprehensive Plan, which would satisfy the review requirement of Section 15.2-2232 of the Code of Virginia, which states that no public facility shall be constructed unless said facility is a “feature shown” within a jurisdiction’s comprehensive plan. Supervisor Dunn clarified that the CIP document does not include the CIP for the Public Schools that was recently passed.Ms. Perkins said the figures included were from the previous Schools CIP. Chairman DeHaven opened the public hearing. There were no public hearing speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved that the Resolution for the 2017-2022 Capital Improvements Plan (CIP) be adopted with the amendment of including the Public Schools CIP adopted by the School Board on November 9, 2017. Supervisor Fisher seconded the motion which carried as follows on a roll call vote: Gary A. Lofton Aye J.Douglas McCarthyAye Robert W. Wells Aye Blaine P. DunnAye Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye 16 Frederick County Board of Supervisors Minutes – December 13, 2017 RESOLUTION 2017 - 2022 CAPITAL IMPROVEMENTS PLAN (CIP) WHEREAS, the Frederick County Planning Commission held a public hearing o 2017-2022 Capital Improvements Plan (CIP) for Frederick County on Sep meeting on November 1, 2017; and, WHEREAS the Frederick County Planning Commission recommended approval of their regular meeting on November 1, 2017 and affirmed that the -2022 Capital Improvements Plan (CIP) are in conformance with Frederick Coun and, WHEREAS, the Frederick County Board of Supervisors held a public hearing their regular meeting on December 13, 2017; and, WHEREAS, the Frederick County Board of Supervisors supports the priorities expenditures contained in the Capital Improvements Plan (CIP) an Planning Commission that the projects contained in the Capital IPlan (CIP) conform to the Frederick County Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINEDby the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 201-2022 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the 2035 Comp amendment to include updated Frederick County Public Schools pri Passed this 13th day of December, 2017. + + ++ + + + + + ++ + 4.Eastern Road Plan/Comprehensive Plan Amendment - A Proposed Amendment to the Frederick County 2035 Comprehensive Plan to Update and Clarify a Number of Items on the Eastern Road Plan. The Eastern Road Plan Guides Road Projects in Frederick County that Address the Long-Range Transportation Needs of the County. - APPROVED Assistant Planning Director for Transportation John Bishopappeared before the Board and noted the Eastern Road Plan is developed to plan a transportation network that supports the Board of Supervisors’ long-range vision for the overall development of the County. He said this update is primarily to incorporate VDOT work on Route 37 and Route 522 and to clean up and clarify a number of items. Mr. Bishop outlined the specific changes on the maps.He said staff recommends approval of the changes with the 800 feet wide interchange at Snowden Bridge Boulevard and Route 37, and added the Transportation Committee recommended approval, the Comprehensive Plans and Programs Committee recommended approval, and the Planning Commission recommended approval. 17 Frederick County Board of Supervisors Minutes – December 13, 2017 Chairman DeHaven asked for clarification of the Coverstone Drive extension to the realigned Rt. 522.Mr. Bishop said the intention is to extend Coverstone to the realigned road. Supervisor Dunn asked for more detail on the 800’ v. 1200’ ramp width. Mr. Bishop explained that the 800’ width was preferable because it would have less impact on property in the area, adding that the 1200’ ramp width would require going outside the reservation significantly. Chairman DeHaven opened the public hearing. There were no public hearing speakers. Chairman DeHaven closed the public hearing. Supervisor Fisher moved that the Board of Supervisors of Frederick County adopt the following Amendment to the Frederick County 2035 Comprehensive Plan Chapter Vas explained by Mr. Bishop with the 800’ wide ramp spacing specification. Supervisor Lofton seconded the motion : which carried as follows on a roll call vote Gary A. Lofton Aye J.Douglas McCarthyAye Robert W. WellsAye Blaine P. DunnAye Gene E. FisherAye Judith McCann-SlaughterAye Charles S. DeHaven, Jr. Aye AN AMENDMENT TO THE FREDERICK COUNTY 2035 COMPREHENSIVE PLAN CHAPTER V, TRANSPORTATION WHEREAS, an amendment to The Frederick County 2035 Comprehensive Plan, Ch Transportation, to modify the Eastern Road Plan was considered. the Transportation Committee, the Comprehensive Plans and Progra Planning Commission during their regularly scheduled meetings; and WHEREAS, The Transportation Committee recommended approval of this amendm October 30, 2017; and WHEREAS, The Comprehensive Plans and Programs Committee (CPPC) recommende approval of this amendment on November 13, 2017; and WHEREAS, the Planning Commission held a public hearing on this Comprehens amendment on November 15, 2017; and 18 Frederick County Board of Supervisors Minutes – December 13, 2017 WHEREAS, the Board of Supervisors held a public hearing on this Comprehen amendment on December 13; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Plan amendment to be in the best interest of the p good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2035 Comprehensive Plan, Chapter V, Tran modify the Eastern Road Plan. This amendment shall be in effect on the day of adoption. + + ++ + + + + + ++ + 5.Proposed Ordinance Amendment to the Frederick County Code –Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 203 - Buffers and Landscaping; Section 165-203.02 Buffer and Screening Requirements. Revisions to the Frederick County Zoning Ordinance to Modify Requirements for Residential Separation Buffers in the RP (Residential Performance) Zoning District . - APPROVED Planner Tyler Klein appeared before the Board and said Staff had drafted a revision to the Zoning Ordinance to modify the required residential separation buffer matrix between certain housing types specifically: single-family detached (SFD) units and townhome units; and single- family small lot (attached and detached) units and townhome units. He said the modification would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer. Mr. Klein continued saying the intent of this modification is to provide flexibility for smaller infill-type lots in the RP Zoning District, ensuring the desired housing types and densities are sited where they are planned for as part of the County’s 2035 Comprehensive Plan’s Long Range Land Use Plan (LRLUP). He noted this amendment does not change the required “Zoning District Buffers” that would otherwise be required between different land uses (such as between residential and commercial/industrial uses). The Planning Commission voted to forward the text amendment to the Board of Supervisors for public hearing with a recommendationof approval. The Board members discussed the buffer text amendment, and the requirements in single family and multi family zones. Chairman DeHaven opened the public hearing. 19 Frederick County Board of Supervisors Minutes – December 13, 2017 The public hearing speakers were as follows: Jeremy Tweedy of Greenway Engineering said that changing the buffer requirement will allow more flexible with in-fill lots. Patrick Sowers, Opequon District, said this is right-sizing the buffers. He said the purpose is to separate incompatible uses, and a single-family house is not that different from a townhouse, so the buffers could be more reasonably sized. Chairman DeHaven closed the public hearing. Supervisor Fisher discussed the topic and asked if it had been researched, whether there were loopholes, and said it is not acceptable to have a three-story townhouse next to a single-family home. He noted a townhouse development on Tasker Road that was not popular with the neighbors in a bordering single-family development. Supervisor Dunn said that it can be a problem when existing in-fill lots with zoning will now have different size buffers. Supervisor McCarthy said there may be a reverse effect where a three-story house could be a two-story because the buffer is smaller. Supervisor Dunn asked for clarification on the footprint of a two-story v. three-story townhomes. Mr. Tierney explained that to attain the same amount of living space, developers will choose to build three-story if the footprint will not allow the size to be a two-story. Chairman DeHaven said the worst conflicts will be on older lots where setbacks are minimal. He said there are always potential problems with in-fill development, but the CUP process is expensive and time-consuming. He suggested trying this option and changing it later if necessary. 20 Frederick County Board of Supervisors Minutes – December 13, 2017 Supervisor Wells said there are not many areas where this buffer will play a role, but the Board needs to move ahead with the change and allow the smaller buffer so that in-fill will not be as intrusive. Supervisor Dunn said that in Red Bud District, the change may be a problem. Supervisor Wells moved that the Board of Supervisors of Frederick County adopt the following Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 203 - Buffers and Landscaping; Section 165-203.02 Buffer and Screening Requirements. Supervisor Lofton seconded the motion which carried on a roll call vote: Gary A. Lofton Aye J.Douglas McCarthyAye Robert W. Wells Aye Blaine P. DunnNay Gene E. FisherAye Judith McCann-SlaughterNay Charles S. DeHaven, Jr. Aye AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS SPECIFIC USES PART 203  BUFFERS AND LANDSCAPING §165-203.02. BUFFER AND SCREENING REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to modify the requirem separation buffers in the RP (Residential Performance) Zoning Di WHEREAS, the Planning Commission held a public hearing on this ordinance WHEREAS, the Board of Supervisors held a public hearing on this ordinance WHEREAS, the Frederick County Board of Supervisors finds that the adoptio the best interest of the public health, safety, welfare, and in NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE II  SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 203  BUFFERS AND LANDSCAPING, §165-203.02. BUFFER AND SCREENING REQUIREMENTS -- to modify the requirement for residential separation buffers in the RP (Residential Performance) Zoning District. Passed this 13th day of December 2017 21 Frederick County Board of Supervisors Minutes – December 13, 2017 Article II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 203. Buffers and Landscaping §165-203.02. Buffer and screening requirements. C.Residential separation buffers. Residential separation buffers shall different housing types from dissimilar housing types within adj requirements for residential separation buffers are as follows: (1)When placed adjacent to one another, developments with differ following residential separation buffers: Minimum Residential Separation Buffer Area Required Proposed Use/DevelopmentAdjoining Existing Use/Development 12345 Single-family detached - - A B B Single-family zero lot line or small lot - - A B B Multiplex or ownhouse -BB Garden apartment or multi-family Buildings C C B -A Age-restricted Multifamily C C C -- + + ++ + + + + + ++ + OtherPlanning Items: APPROVED ON CONSENT AGENDA The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Corporate Place, State Route Number 8770.07 miles Spinning Wheel Lane, State Route Number 8780.08 miles Corporate Place, State Route Number 8770.08 miles RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 13th day of December, 2017, adopted the following: WHEREAS, the Edinburg Residency Office of the Virginia Department of Tran recommends that the street(s) referenced in this Boards resolut system of state highways as a no cost rural addition pursuant to Commonwealth Transportation Board policy, because the street(s) standards, the condition of the existing hard surface is servicehas provided continuous public service since its establishment in July 2016 a 22 Frederick County Board of Supervisors Minutes – December 13, 2017 Hill Fire Hall. WHEREAS, the Edinburg Residency Office of the Virginia Department of Tran confirms that no Department funds are required to improve the street(s) described on the attached additions form AM-4.3 to meet current minimum deign or maintenance standards of th Department. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached ad4.3 to the secondary system of state highways, pursuant to 33.1-229, Code o Rural Addition Policy of the Commonwealth Transportation Board o Transportation. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, on the attached for AM-4.3, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + ++ + + + + + ++ + Board Liaison Reports (None) Citizen Comments (None) Board of Supervisors Comments Chairman DeHaven welcomed Supervisor McCarthy. He noted this was Supervisor Fisher’s final Board meeting, and praised the service and dedication shown by Supervisor Fisher during his tenure. Supervisor Lofton echoed the Chairman’s comments and praised the service of Supervisor Fisher. Supervisor Wells said that Supervisor Fisher had been his mentor when he joined the Board. He added that he appreciated the good things Supervisor Fisher had done for the Shawnee District and the County. Supervisor Slaughter said that Supervisor Fisher had been of great service especially on planning and transportation issues. Supervisor McCarthy thanked the Board and staff for the welcome. 23 Frederick County Board of Supervisors Minutes – December 13, 2017 Supervisor Lofton praised Mrs. Fisher and thanked her for her service while Mr. Fisher served on the Board. Supervisor Fisher praised the staff and said it was humbling and a privilege to serve on the Board. He said the Board members do not always agree, but respect the opinions of the other members. ADJOURN On motion of Supervisor Fisher, seconded by Supervisor Wells, the meeting was adjourned at 9:30 P.M. 24 Frederick County Board of Supervisors Minutes – December 13, 2017 Appendix A County of Frederick Information Technologies Scott Varner Director (540)655-5614 Fax: (540) 722-2169 svarner@fcva.us To:Board of Supervisors From: Technology Committee Date: January 4, 2018 Subject: Technologies Committee Report and Recommendations A Technologies Committee meeting was held in the First Floor Conference Room at 107 N Kent Street on Wednesday, November 1, 2017 at 8:15 a.m. Members present were Gary Lofton, Chairman, Judith McCann-Slaughter, Board Member, Bill Ewing, Board Member, and Todd Robertson, Citizen Member. Members absent were Quaiser Absar, Citizen Member, and Lorin Sutton, Citizen Member. Also in attendance were Jay Tibbs, Deputy County Administrator, Scott Varner, IT Director, Benny Tyson, MIS Director, Patrick Fly, GIS Manager, Michelle Nugent, Network Operations Manager, and Alisa Scott, Administrative Assistant. INFORMATION ONLY 1.The IT Director provided copies of the IT 3 Year Budget Overview and the proposed IT FY19 Budget. Details for the 3 Year Budget Overview included funding for a 3-year network switch hardware replacement schedule, Fire & Rescue and Sheriff’s Department (PSB) field PC replacement schedule, Windows 10 upgrades, and Network Security and Firewall Auditing. 2.The proposed IT FY 19 Budget included line-item detail that equates to the funds being requested to answer pertinent questions that support the request. Details included the GIS Intern, Maintenance Service Contracts, and the travel line item that covers training-only items. Respectfully Submitted, INFORMATION TECHNOLOGIES COMMITTEE Gary Lofton, Chairman Quaiser Absar Judith McCann-Slaughter Lorin Sutton Bill Ewing Todd Robertson By: Scott Varner, IT Director 25 Frederick County Board of Supervisors Minutes – December 13, 2017 Appendix B County of Frederick Becky A. Merriner Director of Human Resources (540) 665-5668 Fax: (540) 665-5669 bmerriner@fcva.us TO: Human Resources Committee and Board of Supervisors FROM: Becky A. Merriner, HR Director DATE: November 17, 2017 SUBJECT:HR Committee Meeting Report The HR Committee met in the First Floor Conference Room at 107 N a.m. on Friday, November 17, 2017. HR Committee members present were: Supervisors Robert Wells, an Members Beth Lewin andDorrie Greene. ***Items Requiring Board Action*** 1.Employee of the Month December 2017  see attachment The Committee reviewed the attached employee of the month for De motion by Blaine Dunn, seconded by Beth Lewin, the Committee recnded approval; the motion was approved unanimously. Trisha Clevenger . at the Board of Supervisors meeting on December 13 th 2.Employee of the Year Selection (July 2016  June 2017). Dorrie Green moved that the HR Committee convene in closed session pursuant to Section 2.2-37711 A (1) of the Code of Virginia, 1950, as amended, for discu personnel matters, specifically, consideration of nominees for e seconded by Blaine Dunn. Dorrie Green moved that the HR Committee come out of closed session and reconvene in open session, seconded by Blaine Dunn. Dorrie Green moved that to the best of each HR Committee Member only personnel matters pursuant to Section 2.2-3711 A (1) of the Code of Virginia, 1950, as amended, specifically consideration of nominees for emp were discussed, seconded by Blaine Dunn. 26 Frederick County Board of Supervisors Minutes –December 13, 2017 Beth Lewin made the motion that the HR Committee approve the 201-2017 Employee of the Year, seconded by Blaine Dunn. The Employee of the Year will be recognized at the Frederick County Emp th and at the Board of Supervisors meeting on January 10, 2018. Party on December 15 ***Items Not Requiring Action*** 3.HR Quarterly Reports(July September), see attached. Becky Merriner asked the HR Committee if they would like addition the quarterly reports, the committee discussed and felt the curr provided the appropriate amount of information; however, a snaps would be helpful from time-to-time. The HR Committee discussed efficiencies of tasks within HR and c by the county for data entry and reporting. The committee asked county-wide plan to update current systems and if not, suggested that a conversation begin. Mr. Wells said he would talk with Kris Tierney. Becky Merriner shared that she was in the process of updating th and is planning to bring it to an upcoming HR Committee meeting recommendation to the board of supervisors. The committee will review the current process for Employee of th Employee of the Year and discuss options to enhance the program employees. Becky Merriner will provide the committee with the currently policies. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, December 8, 2017 at 9:00 am. Respectfully submitted, Human Resources Committee Robert W. Wells Beth Lewin Blaine P. Dunn Dorrie Greene Don Butler By: Becky A. Merriner, HR Director 27 Frederick County Board of Supervisors Minutes –December 13, 2017 Appendix C MEMORANDUM TO: Board of Supervisors FROM: LeeAnna Pyles, Director Public Safety Communications SUBJECT: Public Safety Committee Meeting. Report for November 16, 2017 DATE: December 7, 2017 ==================================================================== A meeting of the Public Safety Committee was held on Thursday November 16, 2017 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Blaine Dunn, Helen Lake and Chuck Torpy. Member Walt Cunningham was not present. Also in attendance were Major Steve Hawkins, DeputyChief Larry Oliver, Director of Communications LeeAnna Pyles, County Attorney Rod Williams, Fire Chief Linaburg, Volunteer Fire & Rescue President Dan Cunningham, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Fire Marshal Jay Bauserman, Deputy Director of Emergency Management Chester Lauck, Lieutenant Fred Kinder, IT Director Scott Varner, Budget Analyst Jennifer Place, and Finance Director Cheryl Shiffler. The following items were discussed: ***Discussion Items*** Departmental budget presentations for FY19 (see attachments): 1. Director LeeAnna Pyles presented her proposed FY19 budget. She advised that her budget request reflected an $80,000 increase. This money would go to replace and repair old and worn equipment at all tower sites, installation of cameras at all sites as well as other necessities within the Center. Director Pyles also mentioned that the yearly revenue from the 911 Wireless Board had gone up to $249,588 (previously $64,000) and she would like to earmark $80,000 tobe distributed into appropriate line items to cover expenses on repairs. . Chester Lauck has applied for a grant for a generator to be replaced at one of the tower sites and he will update the Committee with the process. Chief Linaburg presented hisdepartments FY19 budget request of $18 million dollars to the Public Safety Committee. Operationally, he is requesting increased funding for 20 additional personnel, vehicle replacement, equipment and gear. The Fire & Rescue Association is requesting anincrease in training and fuel assistance, as well, Revenue Recovery is anticipating $1.5 million dollars in expenses and revenues. Sheriff Millholland requested a budget increase of $4 million dollars for FY19. Many items requested by the Sheriff are over $10,000 and range from additional personnel to vehicles to training and equipment. The biggest item on the list was the replacement and update of (147) 28 Frederick County Board of Supervisors Minutes –December 13, 2017 portable radios. Sheriff Millholland discussed some of the radio issues his department has experienced over the past few years. IT Director Scott Varner advised that he had been working on projects within the Sheriff’s FY 19 budget request. First was the 130 MCT (mobile computer terminal) units in each deputy vehicle. These units are out of warranty. He noted that he had discussed 3 options with the IT Committee that would get them on a regular replacement program and was part of the IT budget. The other item being addressed was a new 50 mb internet “pipe” which would go from the Public Safety Building to the Kent Street building. This would allow the bodycam videos to be uploaded and obtained much faster for the Sheriff’s office. The IT department would also budget this item. 2.Other business: The Public Safety Committee thanked and commended Chairman Gene Fisher for his service and dedication on the Committee during his tenure, as his term will end at the end of the year. Chairman Fisher in returned, thanked the Departments’ for their outstanding services to the community and the citizens of Frederick County. Next Meeting: Thursday, January 18, 2018 Adjourn: 10:30 a.m. Respectfully submitted, Public Safety Committee Gene Fisher Gary LoftonChuck Torpy Denny LinaburgAnn B. LloydWaltCunningham Sheriff Lenny MillhollandRod Williams Blaine Dunn Dan Cunningham Helen Lake By _________________________ LeeAnna Pyles, Director Public Safety Communications LP/sds 29 Frederick County Board of Supervisors Minutes –December 13, 2017 Appendix D MEMORANDUM TO: Landfill Oversight Committee Membersand Board of Supervisors FROM: Joe C. Wilder, Director of Public Works SUBJECT: Landfill Oversight Committee Report for Meeting ofNovember 16, 2017 DATE: December 19, 2017 ______________________________________________________________________________ The Landfill OversightCommittee met on Thursday, November 16, 2017, at 11:00 a.m. Allcommittee members were presentexcept Stan Crockett, Eden Freeman and Justin Hall.The following items were discussed: ***ItemsNot Requiring Action*** 1.Update on Existing Projects a.We discussed some of the on-going projects at the Landfill. We are starting the design for our next MSW Landfill Cell, Phase 3, Cell A. This cell has a great deal of rockremoval needed to achieve base grades of the cell. Our Landfill consultant, SCSEngineers, is working on a design for the rock removal needed along with a bid package. Our plan is to start rock blasting and removal in the spring of 2018 and continue that operation for about one (1) year or less. b.We are studying some alternatives on dealing with processed sludges coming from the Opequon Wastewater Treatment Plant that are creating some major issues on the working face of the MSW Landfill. These sludges will not allow our equipment to properly compact the waste, thus creating issues with waste density and placement. We are planning to study a couple alternatives and then discuss the issues with the wastewater plant staffduring the first part of 2018. c.We discussed some future methane gas collection systems which are currently being studied and designed. It is our intent to increase the collection of Landfill gases to increase output from our waste to energy power plant. 2.Discussion of Future Projects As shown on Page 1 of the budget packet, we have listed several major projects over the next four (4) to five (5) years. Most are related to the development of the next MSW Cell, Phase 3, Cell A. The total estimate for these future projects is over $18,000,000.00. 30 Frederick County Board of Supervisors Minutes –December 13, 2017 3.Proposed Fiscal Year 2018-2019 Budget We presented the draft FY19 Landfill budget. Earlier this year, staff presented a Pro Forma Analysis that looked at the entire Landfill operation, budget, capital projects, equipment needs, etc. over the life of our Landfill. The major conclusion of the analysis is that the Landfill Reserve needs to be built up to $71,000,000.00 over the upcoming time period to ensure we can meet all the capital expenses, future cell development expenses, closures and post-closure expenses, etc. In order to meet those future expenses tipping fee scenarios were developed to determine where the fees should be set in the near future to achieve the financial requirements in the future. After discussions with the Landfill Oversight Committee, the Public Works Committee and the Finance Committee it was determined the course of action for FY19 was to have a modest tipping fee increase for all wastes at the Landfill for FY19. The following is a summary of the existing tip fee in FY18 and the proposed tip fee for FY19. Waste TypeCurrent Tip Fee Proposed Tip Fee FY18FY19 Municipal$18$20 Commercial$47$50 CDD$42$45 Sludge$36$38 Concrete/Ruble$12$15 If these tip fees are approved for FY19, we don’t anticipate having to raise tip fees for several years. Staff will monitor our Fund Balance annually to see our progress on achieving the desired goal of $71,000.00. Within the budget package, we highlighted our proposed capital requests, future projects and proposed revenues. After some discussion, the committee endorsed the proposed budget and requested it be forwarded the Public Works Committee for further review. JCW/kco cc:Committee Members Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Andrew Clark, Environmental Manager Gloria Puffinburger, Solid Waste Manager file 31 Frederick County Board of Supervisors Minutes –December 13, 2017 Appendix E MEMORANDUM TO: Board of Supervisors FROM: JoeC. Wilder, Director of Public Works SUBJECT: Public Works Committee Report for Meeting of November 28, 2017 DATE: January 4, 2018 ______________________________________________________________________________ The Public Works Committee met on Tuesday, November 28, 2017, at 8:00 a.m. All members were present except James T. Wilson and David Ganse. The following items were discussed: ***Items Not Requiring Action*** 1.Update on the new Stephenson Convenience Site Staff presented an update on the project. We issued a contract with Kee Construction in the amount of $1,221,294.00 to construct the improvements for the convenience site. A notice to Proceed has been issued and the date for substantial completion is May 31, 2018. The contractor has indicated they plan to mobilize to the site the week of December 4, 2017. 2.Review Proposed Fiscal Year 2018/2019 Budgets Staff presented a general overview of the proposed Public Works budgets for FY19. A copy of the entire budget package along with a summary of the proposed personnel requests and capital requests have been included. The budget package was sent to the Finance Department for their review as well. Within the department, we are requesting two (2) new full-time positions. In the Refuse Collection department, we are requesting an Assistant Site Supervisor position. This position will assist the Solid Waste Coordinator in managing the part-time staff and maintaining all the equipment for the 10 convenience sites located throughout the county. Also, we are requesting a new full-time position at the Animal Shelter. We are proposing an animal caretaker position to assist with multiple duties at the shelter. Both requests have been forwarded to the Human Resources Committee for further consideration within the budget requests. All proposed capital requests have been clearly outlined within the budget package. 32 Frederick County Board of Supervisors Minutes –December 13, 2017 In conclusion, the Public Works proposed budget for FY19 have been prepared and submitted for further consideration. 3.Miscellaneous Reports: a) Tonnage Report (Attachment 5) b) Recycling Report (Attachment 6) c) Animal Shelter Dog Report (Attachment 7) d) Animal Shelter Cat Report (Attachment 8) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman Robert W. Wells David W. Ganse, AIA Whitney “Whit” L. Wagner James T. Wilson By ____________________________ Joe C. Wilder Public Works Director JCW/kco cc:Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kathy Whetzel, Animal Shelter Manager file 33 Frederick County Board of Supervisors Minutes –December 13, 2017 Appendix F MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director -Transportation RE: Transportation Committee Report for Meeting of November 27, 2017 DATE: November 29, 2017 The Transportation Committee met on Monday, November 27, 2017 at 8:30 a.m. Members PresentMembers Absent Gary Lofton Chairman (voting)Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting)Barry Schnoor (voting) James Racey (voting) Lewis Boyer (liaison Stephens City) Gene Fisher (voting) Kevin Kenney (liaison PC) The Committee submits the following: ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. Designation of Critical Freight Corridors (see attached): Staffpresented a brief overview on VDOT updating statewide inventory of Critical Urban and Critical Rural Freight Corridors. This is a federal designation and criteria for designating these corridors, which are outlined in Section 1116 of the FAST Act. According to the Act, Virginia has an allotment of 166.69 miles of Critical Rural Freight Corridors and 83.35 miles of Critical Urban Freight Corridors. Designation makes projects eligible for National Highway Freight Program funds. Staff has recommended the areas below for inclusion as VDOT considers final designations. Route 522 South from Exit 313 to the Virginia Inland Port Route 277 from I-81 to Route 522 Future Route 37 from I-81 Exit 310 to Route 522 Route 11 South from the Winchester City Limits to Route 37 Route 522 North from Route 37 to Indian Hollow Road Route 11 North from Route 37 to Old Charlestown Road 34 Frederick County Board of Supervisors Minutes –December 13, 2017 Hopewell and Brucetown Roads from I-81 to the Carmeuse Entrance Rest Church Road from I-81 to Route 11 Route 11 North from Rest Church Road to Woodbine Road Mr. Lofton asked that Renaissance Drive be extended to the Route 11 South and to include Renaissance Drive, since this area will become a major freight area. Mr. Tierney suggested adjusting the 522 North area to show from Route 37 to Crossroads Grocery (Route 654). A motion was made to endorse the Staff’s recommendations with the amendments by Mr. Fisher and seconded by Ms. McCann-Slaughter. Motion passed unanimously. 2. Old Charlestown Road Bridge Discussion (see attached): Mr. Keith Harrop, Design Engineer for VDOT was present to update and explain the four (4) options in discussion on the Old Charlestown Road Bridge replacement with the Committee. The project is currently funded at $4.356 million in Clarke County’s program. Staff noted that Clarke County was in favor of options 2 and option 4 of the attached. By consensus, the Committee chose to table this recommendation until the December committee meeting. 3.County Project Updates Tevis Street Extension/Airport Road/I-81 Bridge: The full bridge plans are in review for final comments. The Airport Road and the Roundabout are at 60% and have been submitted to VDOT. Environmental surveys are complete. Geotech report is expected by the end of the week. Renaissance Drive: TPOF agreement has been executed. Also, the pending Carbaugh rezoning application has a potential to impact this project with matching funds for revenue sharing. This rezoning is proceeding to the Board of Supervisors. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. A meetingwas held at which the agreement was discussed.Staff is awaiting feedback from the Applicant. Staff has reached out to the Applicant’s engineer and no update was provided.No new action as of this agenda 35 Frederick County Board of Supervisors Minutes –December 13, 2017 3.Upcoming Agenda Items: December MPO Route 11 South Stars Study December/January Oakdale Crossing Traffic Calming Study SmartScale Applications Discussion 5.Other Business : Eastern Road Plan Progress –Staff noted that the Planning Commission recommended approval and the Board of Supervisors will see the item on December 13. Transportation Forum follow up that will be held on December 5, 2017. Supervisor McCann-Slaughter mentioned the concern with the speed limit on Greenspring Road. A study by VDOT traffic engineering regarding a potential reduction in the speed limit will be conducted. A formal request for this item will be presented to the Committee in December. The Committee meeting date for December has been rescheduled to Monday, December 18, 2017 at 8:30 a.m. Time will be 8:30 in the first-floor conference room. JAB/ks 36 Frederick County Board of Supervisors Minutes –December 13, 2017 Appendix G M E M O To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Subject: Parks and Recreation Commission Action Date: November 15, 2017 The Parks and Recreation Commission met on November 14, 2017. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., Amy Strosnider, and Robert Wells (Board of Supervisors’ Non-Voting Liaison). Members absent: None Items Requiring Board of Supervisors Action: 1. Right of Way Donation –Abrams Creek –A property owner of land needed for Abrams Creek Trail right of way has requested assurance the County would accept the property as a donation should he choose to donate. The attached resolution provides this assurance and additionally allows for the acceptance of the property in the event it is donated. The Buildings and Grounds Committee recommended the resolution, second by Mr. Fordney, motion carried unanimously (8-0). Please see attached Resolution Authorizing Acceptance of Real Property. 2. Rose Hill Memorandum of Understanding –The Buildings and Grounds Committee recommended to approve the 2014 Rose Hill Park Memorandum of Understanding addendum which clarifies lease area changes due to new hiking trails and addresses the lease area implication for future amenities, second by Mr. Morrison, motion carried unanimously (8-0). Please see attached Memorandum of Understanding. Submitted for Board Information Only: 1. Policy Revisions -Mr. Sandy moved to adopt the Facility Rental (500.19) and Athletic Field Use Policies (500.01), second by Mr. Madagan motion carried unanimously (8-0). The Facility Rental and Athletic Field Use policies are attached. 2. Sherando High School –The Buildings and Grounds Committee recommended to accept Frederick County Public Schools’ request to use the north Sherando Park softball fields for necessary improvements to comply with a U.S. Department of Education Office of Civil Rights agreement, second by Mr. Carter, motion carried unanimously (8-0). 3. OH! Grant –Frederick Heights Park –The Buildings and Grounds Committee recommended accepting McKee Foods expectation of recognition with a directional sign 37 Frederick County Board of Supervisors Minutes –December 13, 2017 identifying OH! Outdoor Happiness program to receive $20,000 to be used at Frederick Heights Park, second by Mr. Sandy, motion carried unanimously (8-0). 4. FY 2019 Budget including Fees and Charges –The Finance Committee recommended to accept the 2019 Budget including Fees and Charges as submitted, second by Mr. Morrison, motion carried unanimously (8-0). Attachment cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors’ Non-Voting Liaison 38 Frederick County Board of Supervisors Minutes –December 13, 2017 COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: December 20, 2017 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, December 20, 2017 at 8:00 a.m. All members were present. () Items 1 and 2 were approved under consent agenda. () Items 4 and 5 do not require Board action. A budget work session immediately followed. FINANCE COMMITTEE 1.() The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $11,441. This amount represents unbudgeted Aid-to-Localities funds received. No local funds required. See attached memo, p.3  4. 2.() The Sheriff requests a General Fund supplemental appropriation in the amount of $7,082. This amount represents auto claim reimbursements. No local fund memos, p. 5  8. 3.The Sheriff requests a General Fund supplemental appropriation in the amount of $36,207 This amount represents reimbursements from the State  ICAC. No local funds required. See attached memo, p. 9  10. The committee recommends approval. 4.() The Sheriff requests a reallocation of funds previously approved for equipment. See attached memo, p. 11  12. The committee endorsed the request. 5.() The Airport Executive Director provides aircraft and ramp fee in the committee. See attached information, p. 13  18. The committee determined the information to be sufficient. 107 North Kent Street Winchester, Virginia 22601 1 Finance Committee Report and Recommendations December 20, 2017 Page 2 BUDGET WORK SESSION 1.Discussion on the FY 2019 budget. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for November 2017. See attached, p. 19. 2.The Finance Director provides financial statements ending November 30, 2017. See attached, p. 20  30. 3.The Finance Director provides an FY 2018 Fund Balance Report endDecember 13, 2017. See attached, p. 31. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By ___________________________ Cheryl B. Shiffler, Finance Director 2 3 4 5 6 7 8 9 11 12 13 14 15 one hour maximum use GPU Engine Start: $50.00 per start – Extended GPU Svc: $75.00 each additional hour Part 135/Cargo Handling Fee:Waived with minimum fuel purchase - based on weight of aircraft – see ramp fee chart Includeslong term Over Night Parking - Transients$10.00 (first night waived with fuel purchase) transient parking without signedlease Hangar Parking: $250.00 per night Class D Aircraft $150.00 per night Class B & C Aircraft $50.00 per night Class A Aircraft $50.00 one way to OR from terminal ramp Aircraft Towing: Electric Hookup for EngineHeater: $15.00 per day Cargo Handling Fee: $100.00 per hour per person Forklift Fees: $100.00 per hour Lav Cart Services: $75.00includes flush/refill Airport Staffed 24/7 Terminal BuildingOpen 0700 – 1800hrsSun - Sat Terminal After HoursFees$50.00 (first 2 hours) (FeesMay be applied) $30.00 (each additional hour) Conference Room Fees $100.00 0-4 hours (8AM – 5PM) $200.00 5-8 hours $50.00 Outside catering cleanup fee Conference room fees do not apply to Government, EDC or air side meetings. Thank you for visiting the Winchester Regional Airport! We appreciate your continued patronage! RETURNED CHECK FEE: $55.00 Updated June 6, 2016 17 RAMP USE FEES Max Take Off WeightFee Fuel Required to WaiveFee A 0– 7,000 $50or 25 gallons - single engine 50 gallons - multi engine B 7,001 – 9,000 $65or 50 gallons C 9,001 – 12,500 $120 or100 gallons D 12,501– 50,000 $220 or100 gallons 50,001 – UP $350or200 gallons CLASS EXAMPLES Class A Class BClass C Class D Aerostar Caravan208 Beech 18 Challenger Aztec C-404 Citation I Citation II & UP Baron C-421 Commander Convair C-402 Cheyenne SeriesConquest Diamond Jet Centurion 210 Pilatus King Air 90-100Falcon Cherokee/Warrior/Arrow Piaggio Avanti Gulfstream Dakota King Air 200 Hawker Duchess Pilatus PC-12 King Air 300 Duke Learjet 45 & 60 Lance Mooney Navajo Seminole Seneca Skymaster Sport/Sierra Tomahawk Bell 407 Eclipse 500 18 NOVEMBER 2017 BUDGET TRANSFERS Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 11/1/2017SHERIFFSALARY CHANGES 11/1731021002000001 (610.74) SHERIFF31021002000068 610.74 SHERIFF31021002000053 (2,215.93) SHERIFF 31021001000004 (2,215.93) SHERIFF31021001000047 4,431.86 SHERIFF31021001000049 (1,707.94) SHERIFF 31021002000052 1,707.94 SHERIFF 31021007000001 (1,487.47) SHERIFF31021001000066 1,487.47 SHERIFF 31021007000001 (1,574.36) SHERIFF31021001000013 1,574.36 SHERIFF31021007000001 (1,894.01) SHERIFF 31021001000070 1,894.01 SHERIFF 31021007000001 (1,594.57) SHERIFF31021002000033 1,594.57 SHERIFF 31021007000001 (1,841.45) SHERIFF31021001000067 1,841.45 SHERIFF31021007000001 (2,078.29) SHERIFF 31021001000069 2,078.29 SHERIFF31021007000001 (2,078.29) SHERIFF31021001000068 2,078.29 PUBLIC SAFETY COMMUNICATIONS 35061001000019 (1,676.46) PUBLIC SAFETY COMMUNICATIONS35061001000010 1,676.46 11/8/2017GENERAL ENGINEERING/ADMINISTRATIONTRAINING FOR NEW EMPLOYEE42014003000002 (1,000.00) GENERAL ENGINEERING/ADMINISTRATION42015506000000 1,000.00 11/16/2017COMMISSIONER OF THE REVENUESUBSCRIPTION-SMARTCHART12093005000000 (144.00) REASSESSMENT/BOARD OF ASSESSORS12103010000000 144.00 11/21/2017HUMAN RESOURCESLASERFICHE SCANNER REPAIR12033002000000 (229.89) HUMAN RESOURCES12033004000001 229.89 11/21/2017COMMONWEALTH'S ATTORNEYBOOKS AND SUBSCRIPTIONS22015401000000 (2,000.00) COMMONWEALTH'S ATTORNEY22015411000000 2,000.00 11/27/2017TREASURER ADDED NEW STUFFER MACHINE12135401000000 (3,250.00) TREASURER 12133005000000 3,250.00 11/27/2017MANAGEMENT INFORMATION SYSTEMSBALANCE LINE ITEM12225401000000 (2,000.00) MANAGEMENT INFORMATION SYSTEMS12223005000000 2,000.00 11/27/2017SHERIFFCOVER EXPENSES31025402000001 (15.00) SHERIFF 31025801000000 15.00 11/29/2017SHERIFFCOVER EXPENSES31024003000002 (8,000.00) SHERIFF 31025410000000 8,000.00 11/29/2017FIRE AND RESCUETO COVER PURCHASE OF CAD/VCIN35055413000000 (6,300.00) FIRE AND RESCUE35053010000000 6,300.00 12/6/2017COUNTY OFFICE BUILDINGS/COURTHOUSEBOILER SERVICE REPAIR/OLD COURTHOUSE43043004000003 (4,423.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000001 4,423.00 12/6/2017COUNTY OFFICE BUILDINGS/COURTHOUSECHEMICAL WATER METER ON BOILER AT OLD COURTHOUSE43043004000003 (830.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043004000001 830.00 19 20 21 22 23 24 25 26 27 28 29 30 31 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of December 18, 2017 DATE: December 27, 2017 The Transportation Committee met on Monday, December 18, 2017 at 8:30 a.m. Members Present Members Absent Gary Lofton Chairman (voting) Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) Lewis Boyer (liaison Stephens City) Gene Fisher (voting) James Racey (voting) Barry Schnoor (voting) Kevin Kenney (liaison PC) The Committee submits the following: ***Items Requiring Board Action*** 1. Renaissance Drive Phase II Authorization to Proceed (see attached): A brief overview was presented to the Committee for the project that will extend Renaissance Drive from Prosperity Drive to Shady Elm Road with a bridge over the CSX Railroad, this would be approximately .5 miles. A two (2) lane shoulder and a ditch section except the bridge which will be a full future four (4) lane section. This will allow new and existing commercial traffic to access the Route 37 interchange from the South. The cost estimate for this project would be $5,791,500.00. The funding package which has been put together comes from the following sources: $1,638,764.00-Revenue Sharing VDOT $633,644.00-Artillery Rezoning Proffer $451,791.46-Blackburn Rezoning Proffer $1,080,000.00- Carbaugh Rezoning Proffer (BOS approved December 13, 2017) $1,995,682.00-Transportation Partnership Opportunity Fund There are no backstop agreements with this project. Staff has recommended to proceed with this project. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 -2- Upon a motion by Mr. Fisher, seconded by Mr. Racey, the Committee recommended approval to proceed with one Committee member voting against. 3. Springdale Road Truck Restriction (see attached): A brief overview was presented to the Ctruck traffic on Springdale Road between Route 11 and the intersection of Shady Elem Road. The road has significant horizontal and vertical curvature issues. The roadway is approximately 20 feet wide at the widest point. It is generally narrower. There is a reasonable alternative route. The Staff is seeking a recommendation to the Board of Supervisors on whether to hold a public hearing on the Springdale Road restriction. Staff recommends that this be forwarded to a public hearing. Upon a motion by Mrs. McCann-Slaughter, seconded by Mr. Racey the Committee forwarded this proposal for the Springdale Road restriction to the Board of Supervisors for public hearing with recommendation for approval. The motion was unanimously approved. ***Items Not Requiring Board Action*** 2. Green Spring Road Speed Limit: The residents of Green Spring Road have raised concerns regarding the speed limit. Staff has been coordinating with the VDOT Traffic Engineering Department to consider this issue. The VDOT Staff has determined that a lower speed limit is likely. Staff is seeking the Committee is in concurrence for VDOT to move forward with conducting a speed study if required. By consensus, the Committee chose to is needed. 4. County Project Updates Tevis Street Extension/Airport Road/I-81 Bridge: Full Bridge plans are undergoing review for final comment. Airport Road and the Roundabout are expected to be at 60% within 2 weeks. Environmental surveys are complete. On site test boring for signal pole design is expected shortly. Renaissance Drive: Covered under Item 1 Valley Mill Road Realignment: No activity at this time. Coverstone Drive: No activity at this time. -3- Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicant and noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following, a meeting was held at which the agreement was discussed, and Staff is awaiting feedback from the Applicant. No new action as of this agenda. Staff has reached out to the A 4. Upcoming Agenda Items: November/December MPO Route 11 South Stars Study December/January Oakdale Crossing Traffic Calming Study SmartScale Applications Discussion Old Charlestown Road Bridge 5. Other Business: JAB/ks Revenue Sharing Renaissance Drive 0 1 37 0 1 37 ST 651 0 1 11 Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector ST §¦¨ 81 642 New Minor Collector ST 649 §¦¨ 81 Improved Minor Collector Ramp 0 Roundabout 1 11 Future Rt 37 Bypass Urban Development Area Sewer and Water Service Area RuralCommunityCenter Note: µ Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: October 20, 2015 00.0750.150.3Miles Staff: jbishop Springdale Rd Restriction and Alternate Routes Alternate Route 1 ~ 2.15 miles 01 37 01 11 § ¨¦ 81 01 37 § ¨¦ 81 Alternate Route 2 ~ 1.52 miles § ¨¦ 81 § ¨¦ 81 01 11 Alternate Routes Restricted I Map Produced by Frederick County Planning and Development Dept. 00.10.20.4Miles December 14, 2017 Frequently Asked Questions-Through Truck Restriction Program What is a through truck? 46.2-809 of the Code of Virginia, A through truck is defined For the purposes of through truck restrictions enacted under § as any truck or truck and trailer or semitrailer combination, excep, that travels from one point to another and having no origin or destination along the route(s) traveled. How does the program work? The Through Truck Restriction Program allows a local governing b trucks on any part of a primary or secondary highway that is under the jurisdiction of VDOT if a reasonable alternate route is provided. The program is governed by § 46.2-809 of the Code of Virginia. How is a request for a restriction evaluated? The local governing body must hold a public hearing and make a fttal of a resolution, to VDOT. VDOT evaluates requests in accordance with the Through Truck Restriction Guidelines which lays out the requirements that must be met in making the request as well as cfor evaluating the appropriateness of the proposed restriction. The criteria consider the reasonableness of the alternate routing and the compatibility of truck traffic with the type of roadway and the character of the affected area. VDOT also solicits and considers public comments on the proposed restriction. What is the process to request a through truck restriction? Requests for through truck restrictions are made to the local governing body, generally the Board of Supervisors (BOS). The BOS holds a public hearing for any proposed restriction it desires to consider. Following the public hearing, the BOS must make a formal request to VDOT for any restriction it has determined to move forward. The reque generally through the Residence Administrator (In Fairfax, Prince William, and Loudoun Counties the request is the VDOT Regional Traffic Engineer) in accordance with various requirements. From this point VDOT has 9 months to respond to the formal request. VDOT evaluates and considers the request, conducts a study, and solicits public comments on the proposed restriction. For primary routes, the Commonwealth Transportation Board approves or denies the request. For secondary routes, the Commissioner of Highways (VDOT) approves or denies the request. VDOT then notifies the local governing body of the decision. How is a through-truck restriction funded? VDOT incurs all installation and maintenance costs out of its op Which routes are currently restricted? herefor a map of restricted routes. Click CONDITIONAL USE PERMIT #08-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Board of Supervisors Prepared: January 3, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/15/17 Recommended Approval Board of Supervisors: 01/10/18 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1.All review agency comments shall be complied with at all times. 2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Events may accommodate up to and not to exceed 290 persons. 7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8.Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared toadequately address all concerns raised by the Board of Supervisors. Page 2 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 LOCATION: This approximately 146.2-acre properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half-mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Open Space South: RA (Rural Areas) Use: Vacant/Open Space East: RA (Rural Areas) Use: Vacant/Open Space West: RA (Rural Areas) Use: Residential/Vacant/Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of aspecial event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the -of-way must be covered under a land use permit. The permit is issued by this office and require an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt from the See attached determination made by the County Building Official on September 8, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 3 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states normally used in association with mass gatherings, construction sites, etc. where temporary -temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event-only entrance from Apple Pie Ridge Road (State Route 739). The Applicant intends to use a portion of the site for the proposed special event facility, while maintaining the remainder of the site as productive agricultural land (6 Pastures Farm is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 4 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/17 MEETING: The Planning Commission held a public hearing on the proposed CUP on November 15, 2017. Planning Staff provided an overview of the proposed use, noting the Applicant had satisfied all County requirements and comments from review agencies. The Applicant, Mr. Paul Valentino also spoke, noting his desire to open a special event facility for weddings at 4212 Apple Pie Ridge Road, to maintain the rural character of the property, and continue his agricultural operations as well. During the public hearing portion, several members of the public spoke regarding the proposed special event facility. Neighboring property owners expressed their support for the improvements buildings and the compatibility to the community; three (3) speakers also cited concerns regarding noise and traffic safety along Apple Pie Ridge Road. The Planning Commission continued to discuss the merits of the application, and concerns raised by members of the public. Specifically, the Planning Commission addressed comments regarding noise and noted the conditions of approval included with the staff recommendation, which limited the hours of operation and restricted outdoor music after 9 p.m. The Planning Commission voted 11-0-2 (Commissioner Cline & Unger absent) to forward the item to the Board of Supervisors with a recommendation of approval. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 BOARD OF SUPERVISORS MEETING: In conclusion, this is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1.All review agency comments shall be complied with at all times. 2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. Page 5 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Events may accommodate up to and not to exceed 290 persons. 7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8.Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 431WINDINGBEELER LN 320 4452 WINDING CUP # 08 - 17 HILL RD WINDING APPLE PIE 4353 HILL RD HILL RD RIDGE APPLE PIE 4452 RIDGE APPLE PIE Paul and Mary Valentino ST RIDGE 739 261 300 CRIMSON DR PINs: WINDING 169 4365 BERKELEY HILL RD 4396 CRIMSON DR APPLE PIE264 22 - A - 89A, 22 - A - 94 APPLE PIE COUNTY RIDGE CRIMSON DR 4341 RIDGE WEST VIRGINIA Special Event Facility APPLE PIE 190 RIDGE CRIMSON DR ST Zoning Map 4329 220 674 APPLE PIE CRIMSON DR APPLE VIEW 210 184 RIDGE ESTATES CRIMSON DR WINDING 4318 HILL RD Subdivision 4297 APPLE PIE 4364 224 APPLE PIE RIDGE APPLE CRIMSON DR 4251 160 RIDGE PIE RIDGE APPLE PIE WINDING RIDGE HILL RD 4241 APPLE PIE RIDGE 4129 4284 APPLE PIE 4256 4220 APPLE RIDGE APPLE APPLE PIE PIE RIDGE PIE RIDGE RIDGE 4181 267 APPLE PIE WILD 4208 RIDGE WOOD DR APPLE PIE RIDGE CUP #08-17 22 A 94 CUP #08-17 4051 22 A 89A APPLE PIE RIDGE ST 739 4001 APPLE PIE RIDGE 1005 4001WRIGHT RD APPLE PIE 3967 RIDGE APPLE PIE RIDGE APPLE PIE RIDGE EAGLEFIELD Subdivision 639 WRIGHT RD 3820 BERKELEY APPLE PIE COUNTY RIDGE Applications 3798 Parcels APPLE PIE RIDGE Building Footprints 3766 B1 (Neighborhood Business District) APPLE PIE B2 (General Business District) RIDGE B3 (Industrial Transition District) 195 TUSCARORA RD EM (Extractive Manufacturing District) 194 HE (Higher Education District) 660 TUSCARORA RD M1 (Light Industrial District) CUP # 08 - 17 Note: M2 (Industrial General District) Frederick County Dept of Paul and Mary Valentino MH1 (Mobile Home Community District) Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 22 - A - 89A, 22 - A - 94 Winchester, VA 22601 Special Event Facility R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: September 28, 2017 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 05001,0002,000Feet 431WINDINGBEELER LN 320 4452 WINDING CUP # 08 - 17 HILL RD WINDING APPLE PIE 4353 HILL RD HILL RD RIDGE APPLE PIE 4452 RIDGE APPLE PIE Paul and Mary Valentino ST RIDGE 739 261 300 CRIMSON DR PINs: WINDING 169 4365 BERKELEY HILL RD 4396 CRIMSON DR APPLE PIE264 22 - A - 89A, 22 - A - 94 APPLE PIE COUNTY RIDGE CRIMSON DR 4341 RIDGE WEST VIRGINIA Special Event Facility APPLE PIE 190 RIDGE CRIMSON DR ST Location Map 674 4329 220 APPLE VIEW APPLE 210 184 CRIMSON DR PIE RIDGE ESTATES CRIMSON DR WINDING 4318 HILL RD Subdivision APPLE PIE 4364 224 4297 RIDGE APPLE CRIMSON DR 4251 160 APPLE PIE RIDGE APPLE PIE WINDING PIE RIDGE RIDGE HILL RD 4241 APPLE PIE RIDGE 4129 4284 APPLE PIE 4256 4220 APPLE RIDGE APPLE APPLE PIE PIE RIDGE PIE RIDGE RIDGE 4181 267 APPLE PIE WILD 4208 RIDGE WOOD DR APPLE PIE RIDGE CUP #08-17 22 A 94 CUP #08-17 4051 22 A 89A APPLE PIE RIDGE ST 739 4001 APPLE PIE RIDGE 1005 4001WRIGHT RD APPLE PIE 3967 RIDGE APPLE PIE RIDGE APPLE PIE RIDGE EAGLEFIELD Subdivision 639 WRIGHT RD 3820 BERKELEY APPLE PIE COUNTY RIDGE 3798 APPLE PIE RIDGE 3766 APPLE PIE RIDGE 195 TUSCARORA RD 194 660 TUSCARORA RD CUP # 08 - 17 Note: Frederick County Dept of Paul and Mary Valentino Planning & Development I 107 N Kent St PINs: Suite 202 22 - A - 89A, 22 - A - 94 Winchester, VA 22601 Special Event Facility 540 - 665 - 5651 Location Map Applications Map Created: September 28, 2017 Parcels Staff: tklein Building Footprints 05001,0002,000Feet ______________________________ Action: PLANNING COMMISSION:November 15, 2017Recommended Approval BOARD OF SUPERVISORS: January 10, 2018APPROVED DENIED CONDITIONAL USE PERMIT #08-17 PAUL C.AND MARYA.VALENTINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #08-17 for a Special Event Facility, submitted byPaul C. and Mary A. Valentinowas considered.The properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half-mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road, and is further identified with Property Identification Numbers 22-A-89 and 22-A-94, in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use PermitonNovember 15, 2017andrecommended approval of the Conditional Use Permit with conditions;and, WHEREAS, the Frederick County Board of Supervisorsheld a public hearing onthis Conditional Use Permit during their regular meeting on January 10, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisorsthat Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application#08-17for a Special Events Facilityon the parcelsidentified by Property Identification Numbers22-A-89 and 22-A-94with the following conditions: 1.All review agency comments shall be complied with at all times. PDRes #01-18 1 2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Events may accommodate up to and not to exceed 290 persons. 7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8.Any expansion or modification of this use will require the approval of a new CUP. Passed this 10th day of January 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ J. Douglas McCarthy ____ Judith McCann-Slaughter ____ Shannon G. Trout ____ Blaine P. Dunn ____ Robert W. Wells ____ A COPY ATTEST ____________________________ Kris C. Tierney rator Frederick County Administ PDRes #01-18 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment Solar (Photovoltaic) Energy Facility Discussion DATE: January 3, 2018 This is a proposed amendment to Chapter 165 Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms)to the permitted use list for the RA (Rural Areas) Zoning District. Currently, public utility generating facilities are allowed as Solar generating energy facilities are typically privately-owned and thus do not fall under the definition of a . Staff has drafted a revision to the Zoning Ordinance to include a definition for a d supplementary use regulations, and revised the permitted uses use list for the RA Zoning District to allow solar energy facilities. Solar energy facilities are defined as an energy conversion system consisting of photovoltaic panels, support structures, and associated, control, conversion, and transmission hardware on property consisting of six (6) or more acres. Also, The intent of this modification is to provide Areas, that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. This item was proposed through a request from a private developer and discussed by the Development Review and Regulations Committee (DRRC) at their July 27, August 24, and September 28, 2017 regular meetings. The DRRC agreed with the proposed changes. The Planning Commission discussed this item on November 15, 2017 and agreed with the proposed changes. The attached document shows the existing ordinance with the proposed changes supported by the Staff is seeking direction from the Board of Supervisors DRRC (with bold italic for text added). on this Zoning Ordinance text amendment. Attached is a resolution directing the item to a public hearing should the Board of Supervisors deem it to be appropriate. Attachment: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution MTK/pd ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 General Provisions § 165-101.02 Definitions and word usage. Solar (Photovoltaic) Energy Facility An energy conversion system consisting of photovoltaic panels, sstructures, and associated, control, conversion, and transmission hardware on property consisting of six (6) or more acres. Also, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS Part 204 Additional Regulations for Specific Uses § 165-204.32. Solar (Photovoltaic) Energy Facility Solar (Photovoltaic) Energy Systems in the RA (Rural Areas) District shall be subject to the following requirements: A.An engineered site plan, in accordance with the requirements of to and approved by Frederick County. B.The facility shall, at a minimum, meet the setback requirement f RA District. C.All wiring not on the solar arrays shall be underground except where necessary the public utility. D.Buffers and screening (including distance, opaque elements, and determined by the Zoning Administrator at time of site plan. E.Within 365 days of the date of abandonment or discontinuation, the owner of the physically remove all components of the solar energy system. If not removed within the allotted time, the County may have it removed at the expense of the owner. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 RA Rural Areas District § 165-401.02 Permitted Uses. {·©Ò-·Ò©;­ “7 Œ“7 ­wŒŒ ,; Ò­;7 Eš© š“; šE ·w; EšŒŒšÞz“m Ò­;­t Q. tÒ,Œz- Ò·zŒz·ä m;“;©·z“m (including solar (photo voltaic) energy facilities regardless of whether owned or operated by a public utility)r ,šš­·;© š© ©;Œä ­··zš“­r ·©“­Eš©’;© ­Ò,­··zš“­r ·©“­’z­­zš“ Œz“;­ “7 ·šÞ;©­r ¦z¦;­r ’;·;©­ “7 š·w;© E-zŒz·z; Þ·;© E-zŒz·z;­ “7 Œz“;­ šÞ“;7 ,ä ¦Ò,Œz- Ò·zŒz·z;­r ©zŒ©š7 -š’¦“z;­ š© ¦Ò,Œz- m;“-z;­u ____________________________ Action: BOARD OF SUPERVISORS: January 10, 2018 APPROVED DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS §165-101.02 DEFINITIONS AND WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.32. SOLAR (PHOTOVOLTAIC) ENERGY FACILITY ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.02 PERMITTED USES WHEREAS, an ordinance to amend Chapter 165, Zoning to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their July 27, August 24 and September 28, 2017, regular meetings to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District; and WHEREAS, the Planning Commission discussed the proposed change at their regularly scheduled meeting on November 15, 2017 and agreed with the proposed change; and PDRes #02-18 -2- WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meeting on January 10, 2018; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow Solar Energy Facilities in the RA (Rural Areas) Zoning District Passed this 10th day of January 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ J. Douglas McCarthy ____ Blaine P. Dunn ____ Shannon G. Trout ____ Robert W. Wells ____ Judith McCann-Slaughter ____ A COPY ATTEST _____________________ Kris C. Tiereny Frederick County Administrator PDRes #02-18