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February 14 2018 Board_Agenda_Packet
AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2018 6:30 P.M., 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:30 P.M. – Closed Session: The Board of Supervisors will convene in closed session pursuant to Section 2.2-3711 A (5), of the Code of Virginia, 1950, as amended, for discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community. 7:00 P.M. Regular Meeting Call To Order Invocation Pledge of Allegiance Adoption of Agenda Consent Agenda:Attachment A Minutes----------------------------------------------------------------------------------------------- Regular Meeting of January 10, 2018 Joint Work Session with SchoolBoard of January 16, 2018 Budget Work Session of January 17, 2018 Budget Work Session of February 7, 2018 Committee Reports: B Finance Committee -------------------------------------------------------------------------- C Human Resources Committee----------------------------------------------------------- D Parks and Recreation Committee ------------------------------------------------------- E Public Works Committee-------------------------------------------------------------------- F Transportation Committee------------------------------------------------------------------ G Amendment of Rules of Procedure ---------------------------------------------------------- H Resolution adding Lynnehaven Drive to Secondary Road System------------------ I Resolution honoring Tom Baker--------------------------------------------------------------- AGENDA – CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2018 PAGE 2 Consent Agenda, continued: J Resolution of appreciation for retiree Joseph G. Dove---------------------------------- K Resolution of appreciation for retiree Linda Gail Baker--------------------------------- L Resolution on Proffer Legislation Reform--------------------------------------------------- M Resolutions regarding General Assembly Legislation----------------------------------- Citizen Comments(Agenda Items Only That Are Not Subject to Public Hearing) Board of Supervisors Comments County Officials: N 1.Recognition of Employee of the Month – Charles L. Simpson ------------------- O 2.Committee Appointments ------------------------------------------------------------------ Current Committee vacancies: Development Impact Model Oversight Committee One unexpired one-year term ending 06/28/18 for a Board of Supervisor representative Community Policy and Management Team (CPMT) One unexpired two-year term ending 06/30/18 Lord Fairfax Community College Board (LFCC) One unexpired four-year term ending 06/30/19 Handley Regional Library Board One unexpired four-year term ending 11/30/21 Social Services Board Red Bud District Representative – One unexpired four-year term ending 06/30/20 Gainesboro District Representative – One unexpired four-yearterm ending 06/30/21 Conservation Easement Authority (CEA) Onethree-year term ending 03/14/21 P 3.Request from the Commissioner of the Revenue for Refunds ------------------ Northeastern Supply, Inc. - $3,680.34 Lease Plan U.S.A., Inc. - $2,756.19 Q 4.Appointment to Preschool Community Task Force ---------------------------------- AGENDA – CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2018 PAGE 3 County Officials, continued: R 5. Extension of Sewer Service Outside of Sewer and Water Service Area ------- Committee Business: 1.Finance Committee General Fund adjustmentin the amount of $607,880.50. (3¤¤ 4 ¡ ¥®± ££¨³¨® « ¨¥®±¬ ³¨®) B 2.Human Resources Committee FY 2018-2019 Requests for three New Positions The Committee recommends Board approval to create three new (3¤¤ Tab ¥®± ££¨³¨® « ¨¥®±¬ ³¨®) C positions. 3.Transportation Committee Amendment to Transportation Committee Charter (3¤¤ Tab ¥®± ££¨³¨® « ¨¥®±¬ ³¨®) F Public Hearing: Rezoning #06-17 for K & J Investment, LLC S ----------------------------------------- Submitted by StoweEngineering, PLC, to Rezone 2.459+/- Acresfrom the RA (Rural Areas)Districtto the B2 (General Business) Districtwith Proffers, 0.936+/- Acres of Land Zoned RP (Residential Performance)District to theB2 (General Business) District with Proffers, and 0.488+/- Acres ofLand Zoned M1 (Light Industrial)District to the B2 (General Business)District with Proffers. The Properties areLocated at the Northeast Cornerof the Intersection of Martinsburg Pike andSnowden Bridge Boulevard and are Identified by Property Identification Numbers43-A-147, 43-A-148, 43-A-149, and 43-A-151C in the StonewallMagisterial District. Planning Commission Business: T 1. Discussion -- Setting CIP public hearing for March 14, 2018--------------------- 2. Discussion --Proposed Ordinance Amendment – Solar (Photovoltaic) U Energy Facility------------------------------------------------------ Board Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjourn 1 Frederick County Board of Supervisors Minutes - January 10, 2018 2 Frederick County Board of Supervisors Minutes - January 10, 2018 RESOLUTION WHEREAS, in 2005, the County entered into an agreement (the Agreement ) Middletown for the administration of proffers accepted by the Tozonings in the Town; and WHEREAS, the Agreement provides that The County may provide the Town wi concerning the Countys calculation of the net cost to the Count generated by the proposed rezoning & which information the Town concerning proffer offers in conjunction with the proposed rezoning ; and WHEREAS, The Village at Middletown, LC has submitted a proffer condition rezoning application (the Rezoning ) to the Town of Middletown, proffers; and WHEREAS, County staff, by letter dated November 8, 2017, provided to the information concerning the Rezoning; and WHEREAS, the Town Council has formally requested that the Board of Super position on the proffer amendments requested ; and WHEREAS, under applicable law and under the Agreement, the Town Council prerogative to use information provided by the County under the the Rezoning as it deems appropriate in the exercise of its powe NOW, THEREFORE, BE IT RESOLVED,that the Board affirms that that the letter from County staff, dated November 8, 2017, states what the County believes t the Board may not otherwise direct or suggest that the Town Council take any respect to the Rezoning. 3 Frederick County Board of Supervisors Minutes - January 10, 2018 th ADOPTED this 10 day of January, 2018. + + + + + + + + + + + + 4 Frederick County Board of Supervisors Minutes - January 10, 2018 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 Section 1-1.Annual Meeting; Schedule of Regular Meetings On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting Room 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, and place 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 Uponmajority 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. 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.Robert’s Rules of Order; Suspending Rules [Amended 09/14/11] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, 5 Frederick County Board of Supervisors Minutes - January 10, 2018 shall be governed by Robert’s Rules of Order, Simplified and 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 to thateffect, 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 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 persons desiring to speak and shall ensure that speaker’s comments are limited to the issue before 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, inappropriate, or out of order, and shall have the authority to revoke the speaker’s right to continue. TheChairman 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 oftime 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 beno greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. 6 Frederick County Board of Supervisors Minutes - January 10, 2018 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, asamended. 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 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 beprepared 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 Wednesdaysof 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 inthe 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 entrances to the Board of Supervisors’ meeting room, the main interior doors to the meeting room, and outside the County Administrator’s office. 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 informationand 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 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) 7 Frederick County Board of Supervisors Minutes - January 10, 2018 Citizen Comments Board of Supervisors Comments Adjournment Section 4-2.Adoption of Agenda The agenda presented for adoption shall be the agendaprepared 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 introduced by a motion “to approve the Consent Agenda”, 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. 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 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 toregister; 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, thesubject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 3- 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 withagreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. 8 Frederick County Board of Supervisors Minutes - January 10, 2018 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 willbe 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. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has beenprovided prior to the hearing, that information 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 desiringto 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. 9 Frederick County Board of Supervisors Minutes - January 10, 2018 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.Board Members’ Questions 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 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 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 theBoard, 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 determining its official position and the speaker’s authority 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. 10 Frederick County Board of Supervisors Minutes - January 10, 2018 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 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 appoint various citizen members to Board’s standing committees. Section 7.2.Committee Appointments [Amended 01/25/06] Each board member may nominate citizen membersto be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member’s respective magisterial district or for 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 Administrator’s Office. A completed application shall be required for all initial nominations; however, a completed application for candidates being reappointed shall not be required. 2.Applications shall be received in the County Administrator’s Office up to 5:00 p.m. on 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. (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) (Amended: 01/10/18) + + + + + + + + + + + + 11 Frederick County Board of Supervisors Minutes - January 10, 2018 12 Frederick County Board of Supervisors Minutes - January 10, 2018 13 Frederick County Board of Supervisors Minutes - January 10, 2018 + + + + + + + + + + + + 14 Frederick County Board of Supervisors Minutes - January 10, 2018 15 Frederick County Board of Supervisors Minutes - January 10, 2018 16 Frederick County Board of Supervisors Minutes - January 10, 2018 17 Frederick County Board of Supervisors Minutes - January 10, 2018 " " " " " 18 Frederick County Board of Supervisors Minutes - January 10, 2018 19 Frederick County Board of Supervisors Minutes - January 10, 2018 ORDINANCE CONDITIONAL USE PERMIT #08-17 PAUL C. AND MARY A. VALENTINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #08-17for a Special Event Facility, submitted by Paul C. and Mary A. Valentino was 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 appro north of White Hall Road, and is further identified with Propert-A-89 and 22-A- 94, in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing o Permit on November 15, 2017 and recommended approval of the Cond and, WHEREAS, the Frederick County Board of Supervisors held a public hearing Permit during their regular meeting on January 10, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval oft 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 #08-17 for a Special Events Facility on the parcels identified by Pr 20 Frederick County Board of Supervisors Minutes - January 10, 2018 Numbers 22-A-89 and 22-A-94 with the following conditions: 1.All review agency comments shall be complied with at all times. 2.An illustrative sketch plan, in accordance with the requirements County Zoning Ordinance, shall be submitted to and approved by F establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and re midnight. 4.No music is permitted outdoors. 5.All lighting shall be downcast to avoid glare onto adjacent prop 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 exce to exceed 10 feet (FT) in height is permitted. 8.The existing access driveway shall be gated off to special event traffic, and a sign posted denoting private driveway. All special event facility traffic shall ac commercial entrance as approved by the Virginia Department of Tr 9.Any expansion or modification of this use will require the approval of a new CUP. + + + + + + + + + + + + 21 Frederick County Board of Supervisors Minutes - January 10, 2018 22 Frederick County Board of Supervisors Minutes - January 10, 2018 23 Frederick County Board of Supervisors Minutes - January 10, 2018 24 Frederick County Board of Supervisors Minutes - January 10, 2018 25 Frederick County Board of Supervisors Minutes - January 10, 2018 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. 26 Frederick County Board of Supervisors Minutes - January 10, 2018 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 27 Frederick County Board of Supervisors Minutes - January 10, 2018 MEMORANDUM 28 Frederick County Board of Supervisors Minutes - January 10, 2018 29 Frederick County Board of Supervisors Minutes - January 10, 2018 30 Frederick County Board of Supervisors Minutes - January 10, 2018 1 Minutes - January 16, 2018 Joint Work Session Frederick County Board of Supervisors - Frederick County School Board 2 Minutes - January 16, 2018 Joint Work Session Frederick County Board of Supervisors - Frederick County School Board 3 Minutes - January 16, 2018 Joint Work Session Frederick County Board of Supervisors - Frederick County School Board 4 Minutes - January 16, 2018 Joint Work Session Frederick County Board of Supervisors - Frederick County School Board 1 Minutes - January 17, 2018 Frederick County Board of Supervisors - Budget Work Session 2 Minutes - January 17, 2018 Frederick County Board of Supervisors - Budget Work Session 3 Minutes - January 17, 2018 Frederick County Board of Supervisors - Budget Work Session 4 Minutes - January 17, 2018 Frederick County Board of Supervisors - Budget Work Session 1 Minutes - February 7, 2018 Frederick County Board of Supervisors - Budget Work Session 2 Minutes - February 7, 2018 Frederick County Board of Supervisors - Budget Work Session 3 Minutes - February 7, 2018 Frederick County Board of Supervisors - Budget Work Session TO: Board of Supervisors FROM: Finance Committee DATE: January 18, 2018 SUBJECT: Finance & Audit Committees Reports and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, January 17, 2018 at 3:00 p.m. An Audit Committee meeting immediately followed. All members were present. A budget work session followed at 4:00 p.m. FINANCE COMMITTEE 1.The Fire & Rescue Chief provides information on the SCBA replacement costs, and notification that potential grant funding was not awarded, which will result in the use of lSee attached memo, p. 3 4. The committee reached consensus on proceeding with the purchase now, and a General Fund adjustment in the amount of $607,880.50to followat the next scheduled Board of Supervisors meeting as a consent item. AUDIT COMMITTEE 1.David Foley from Robinson, Farmer, Cox Associates will present t FY 2017 CAFR and be available for discussion of the upcoming FY 2018 audit. The FY 2017 CAFR is available in dropbox or online at: www.fcva.us/CAFR. See attached memo, p. 5 6. The committee accepted the report and authorized the Finance Committee Chairman to sign the engage 2018 audit. No Board action required. BUDGET WORK SESSION 1.Discussion on the FY 2019 budget. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for December 2017. See attached, p. 7. 1 Finance & Audit Committees Reports and Recommendations January 17, 2018 Page 2 2.The Finance Director provides financial statements ending December 31, 2017. See attached, p. 8 18. 3.The Finance Director provides an FY 2018 Fund Balance Report endJanuary 11, 2018. See attached, p. 19. 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 DECEMBER 2017 BUDGET TRANSFERS Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 12/4/2017ELECTORAL BOARD AND OFFICIALSELECTION RECOUNT13011003000000 550.00 ELECTORAL BOARD AND OFFICIALS13011006000002 1,180.00 ELECTORAL BOARD AND OFFICIALS13013010000000 954.60 ELECTORAL BOARD AND OFFICIALS 13015204000000 100.00 ELECTORAL BOARD AND OFFICIALS13015506000000 81.00 TRANSFERS/CONTINGENCY93015890000000 (2,865.60) 12/8/2017SHERIFFTO COVER EXPENSES31025402000000 (55.00) SHERIFF31025801000000 55.00 12/11/2017COUNTY ADMINISTRATIONPOSITION REALLOCATION12011001000001 69,889.11 COUNTY ADMINISTRATION12011001000002 (16,004.84) COUNTY ADMINISTRATION 12011001000021 (46,627.67) COUNTY ADMINISTRATION 12012005000000 (7,256.60) 12/12/2017SHERIFFTO PURCHASE VESTS THAT ARE EXPIRED & NEW POSITION31025413000000 (8,475.00) SHERIFF31025410000000 8,475.00 12/14/2017REASSESSMENT/BOARD OF ASSESSORSDUES12103007000000 (300.00) REASSESSMENT/BOARD OF ASSESSORS12105801000000 300.00 12/27/2017TREASURERREMOTE ACCESS TO DMV KIOSK12135401000000 (50.00) TREASURER12133005000000 50.00 12/27/2017MANAGEMENT INFORMATION SYSTEMSSUPPLEMENT PHONE LINE ITEM12225401000000 (140.00) MANAGEMENT INFORMATION SYSTEMS 12225204000000 140.00 12/27/2017INSPECTIONSTO COVER EXPENSES IN PRINTING STICKERS FOR INSPECTIONS34014003000002 (1,000.00) INSPECTIONS34013006000000 1,000.00 12/27/2017INSPECTIONSTO COVER MAINTENANCE ON SCANNERS34013004000002 (276.88) INSPECTIONS34013004000001 276.88 12/30/2017TREASURERSALARY INCREASE 12/1712133002000002 (6,424.00) TREASURER12131001000002 6,424.00 ANIMAL SHELTER43055101000000 (537.29) ANIMAL SHELTER 43055413000000 (537.30) ANIMAL SHELTER43051001000006 1,074.59 1/8/2018SHERIFFTO COVER EXPENSES31025401000000 (1,800.00) SHERIFF31023010000000 1,800.00 1/8/2018SHERIFFTO COVER EXPENSES FOR THE MONTH OF DECEMBER 201731025409000000 (1,000.00) SHERIFF 31025410000000 1,000.00 SHERIFF31025409000000 (1,500.00) SHERIFF 31025410000001 1,500.00 7 8 9 10 11 12 13 14 15 16 17 18 19 Approved: January 2018 three MEMORANDUM Exit 307 ImprovementsFrederick County, MPO, RC Exit 317 and Redbud RoadFrederick County, MPO, RC Route 11 North (4lane widening)Frederick County, MPO Route 11 South(Shawnee Drive Area)Frederick County, MPO, Winchester Route 11 South (Stars Study Results)Frederick County, MPO Exit 313 BridgeFrederick County, MPO, RC Route 37 (Lenoir Drive slip ramps)Frederick County, MPO Route 277 (Sherando Park Entrance)Frederick County Costello Drive/Route 522 IntersectionFrederick County Route 7Frederick County Inverlee WayFrederick County To: Members ofthe Board of Supervisors From:Ann W. Phillips, Deputy Clerk, Board of Supervisors Date: 2-6-2018 Re:Updates to Rules and Procedures including Agenda Proceduresand Agenda Newspaper Ads _______________________________________________________________________________________ Staff has been discussing changes to the Rules and Procedures and Agenda Procedures which are aimed at cost savings, removing redundant tasks, and providing the residents who attend the meetings with an agenda that is more transparent and easier to follow. In addition, astechnology continues to evolve, it is wise to evaluate whether some procedures are still applicable.If there is no objection, the intention is to have the amended procedures on the consent agenda for the next meeting. The attached draft Rules and Procedures incorporates the following proposed changes: Page 2 Section 1-9Robert’s Rules of Order -The latest version of Robert’s Rulesof Order is now specified. Page 5 Section 3.3 Posting and Notice -the website address has been correctedand the actual posting practice is reflected Page 5 Section 3.4Copies -Currently, hard copy agendas are sent by U.S. Mail to the Handley and Bowman Libraries at the same time that the agenda is uploaded to the website. In checking with staff at both libraries, itwas determined that the paper agendas were rarely accessed, and both libraries are supportive of the move to eliminate the paper hard copies (which the libraries must catalog and store). Staff at the libraries will continue to assist patrons with using the County website to download and print any needed agenda pages. (This will reduce staff time, copy costs, and costs at the libraries.) -The current Procedures state that the Deputy Clerk will have a full paper copy agenda at the meeting. Staff consensusis that this is unnecessary given that the entire agenda is online. Page 6 Section 4-1 Order of Business -The proposed change calls for the Consent Agenda to contain all Minutes and Committee Reports unless an item is removed by a Board member. Items on Committee Reports that require Board action will be listed as agenda items under Committee Business. This change allows for transparency of Board action by naming specific action items on the main agenda instead of having them contained only in the Committee Reports. Meeting attendees will be able to follow the items on the agenda instead of having to flip back and forth to each Committee Report (but each action item will specify where the supporting documentation can be found). Pages 7 and11 Section 6.4 Name and Place of Residence(also under 4.4 Citizen Comments Period) -In the interest of personal safety and security, those wishing to address the Board are asked to state only their Magisterial District, not their physical address. Page 12Section 7.2 Committee Appointments -Clarification of handling of applications received after the agenda packet deadline is provided. Newspaper Ads There is no requirement that the agenda sheet be printed in the newspaper. It is readily available online and is posted near the meeting room. The ad costs about $500 - $600 per meeting, which amounts to about $10,000 per year. (Note: this does notrefer to public hearing ads which must be published.) Code of Virginia Code of Virginia Code of Virginia Code of Virginia Code of Virginia Code of Virginia Code of Virginia Memorandum In the County of Frederick By resolution of the governing body adopted February 14, 2018 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Lynnehaven Section III Type Change to the Secondary System of State Highways: Addition 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: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:§33.2-705 Street Name and/or Route Number Lynnehaven Drive, State Route Number 1555 Old Route Number: 0 From: Route 1380, Woodrow Road To: Route 1559, Renee Lane, a distance of: 0.31 miles. Recordation Reference: Instrument #150001463 Page 297 Right of Way width (feet) = 50' VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: February 14, 2018 Page 1 of 1 RESOLUTION OF APPRECIATION HONORING THE LIFE OF TOM BAKER WHEREAS, Tom Baker was born 1938 in Winchester to the late Mary Sulliva Baker and Charles B. Baker, and graduated in 1956 from Handley H where he was president of his class, and WHEREAS, Tom Baker went on to attend Virginia Tech graduating in 1960 with a degree in Electrical Engineering and settled with his wif Winchester in 1963, and WHEREAS, under the guidance of Tom and his wife Sheila, Camp Fantastic serving those children and families affected by cancer was conce funded beginning in 1983, and WHEREAS, Tom Baker also co-founded Special Love, Incorporated, to support and fund future Camp Fantastic events and activities, an WHEREAS, the Winchester-Frederick County community greatly benefited from the dedicated efforts and tireless energy of Tom Baker in h community-based endeavors, including the donation of their home surrounding land by Tom and his wife to help create the Youth Development Center NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for To honors his life of leadership, dedication, and selfless voluntee community. ADOPTED this 14th day of February 2018. __________________________ _____________________________ Charles S. DeHaven, Jr. Gary A. Lofton ChairmanBack Creek District Supervisor ________________________________________________________ J. Douglas McCarthyBlaine P. Dunn Gainesboro District SupervisorRed Bud District Supervisor ________________________________________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor _________________________ ______________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk FREDERICK COUNTY RESOLUTION OF APPRECIATION JOSEPH G. DOVE WHEREAS, Joseph G. Dove served Frederick County, Virginia, for approximately 25 years as an employee at the Northwestern Regional Adult Detention Center; and WHEREAS, Joseph G. Dove began his career as a Correctional Officer in 1992 and received promotions to Correctional Officer II in 1995, Correctional Officer III in 1997, Sergeant in 1998, and Lieutenant in 2005; and WHEREAS, during his tenure, Joseph G. Dove progressively took on addition and extra assignments and was noted for the accuracy of his work communication skills; and WHEREAS, Joseph G. Dove was an effective leader and team player who excel multitasking of the various required duties and was widely recognized as one who could be depended upon to help others in a time of need, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Joseph G. Dove for his dedication and dependability and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflec this public servant. ADOPTED this 14 day of February2018. th __________________________ _____________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor _______________________________________________________ J. Douglas McCarthyBlaine P. Dunn Gainesboro District SupervisorRed Bud District Supervisor ______________________________________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor StonewallDistrict Supervisor __________________________ ____________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk FREDERICK COUNTY RESOLUTION OF APPRECIATION LINDA GAIL BAKER WHEREAS, Linda Gail Baker served Frederick County, Virginia, for approximately 33 years as an employee in the Parks and Recreation Department;and WHEREAS, Linda Gail Baker became a part-time employee in 1982 and then began her full- time career as a Clerk Typist II in 1984 and received promotions to Clerk Typist III in 1990, Secretary II in 1994, and Registration Specialist in 1999; and WHEREAS, during her tenure, Linda Gail Baker was noted for her attention to detail and her efforts to ensure the accuracy of her work; and WHEREAS, Linda Gail Baker continued to enhance her customer service skills in order to benefit the County residents and assisted in increasing the efficiency of the Parks and Recreation office NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Linda Gail Baker for his dedication and dependability and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflec this public servant. ADOPTED this 14 day of February2018. th __________________________ _____________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor _______________________________________________________ J. Douglas McCarthyBlaine P. Dunn Gainesboro District SupervisorRed Bud District Supervisor ______________________________________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor __________________________ ____________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk Resolution Strongly Encouraging the General Assemblys Most Seri Consideration to Meaningful Reform of the Proffer Legislation WHEREAS, in 2016 the Virginia General Assembly passed SB 549 Conditional applicable to certain rezoning proffers, which was enacted as §1-2303.4 as an amendment to the Code of Virginia; and WHEREAS, this change has caused confusion at the locality level as to i application to the rezoning process and has hindered communicati development community as to the best way to address the impacts WHEREAS, the Frederick County Board of Supervisors in 2017 and in 2018 reconsideration of SB 549 as part of its legislative priorities; WHEREAS, during the 2018 General Assembly Session several bills were in address concerns with §15.2-2303.4; and WHEREAS, House Bill 163, patroned by Delegate R. Lee Ware, was a good f localities with some guidance relative to the implementation of WHEREAS, HB 163 and many of the other proposed bills relative to proffe NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors strongly encourages the Virginia General Assembly to give its mo meaningful reform of the proffer legislation through these and other bills as it move between now and the 2019 Session, and in the 2019 Session, so as protect the interests of the taxpayers in meeting the impacts of ADOPTED this 14th day of February, 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 ___________________________ TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Resolutions Regarding Pending General Assembly Legislative Items DATE: January 5, 2018 Staff received a request from Warren County to consider resolutions su legislative initiatives. Staff has reviewed the packet they provided and have identified four bills that would be pertinent to Frederick County. The proposed resolutions would: Oppose HB 786 regarding changes to the appeals process for real ents. Oppose HB 1471 regarding changes to the local grievance procedur Oppose SB 751 regarding a requirement that localities with popul check register on their websites. Support SB 108 regarding publishing requirements for enforcement of a tax lien on real property. There were a number of other legislative items; however, some of Frederick County or had been passed by indefinitely by the respe Staff is seeking Board approval of the attached resolutions. If you have any questions, please do not hesitate to contact me. Attachments A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Gooditis OPPOSE House Bill 786 (Mark L. Kearn) and House Bill 787 (Mark L. Kearn) now before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passa that would amend laws affecting the authority and operation of V WHEREAS, House Bill 786, introduced by Delegate Mark L. Kearn, provides t court for relief from local taxes, the taxpayer shall not be required to show that the assessment is a result of manifest error or disregard of controlling evidence; a WHEREAS, House Bill 786 also provides that on an appeal to court for reli taxpayer can rebut the presumption of correctness if any one of the three mistakes under cu was made by the asssessor; and WHEREAS, House Bill 786 would increase the number of cases that are appea court which would increase legal costs for localities; and WHEREAS, House Bill 787 would provide that on appeal of a real property of equalization, the taxpayer shall not be required to show that error or disregard of controlling evidence; and WHEREAS, House Bill 787 would increase the number of cases that are appea Equalization. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to p House Bill 787 and requests that Senator Jill Vogel and Delegate LaRock, and Wendy Gooditis join in opposing and voting to disappouse Bill 786 and 787. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution t Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 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 ___________________________ A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Goo OPPOSE House Bill 1471 (Timothy D. Hugo) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the pass that would amend laws affecting the authority and operation of Vir WHEREAS, the Board of Supervisors believes House Bill 1471, introduced by would allow an aggrieved employee to decide whether the final st would be before an administrative hearing officer or a three-member panel. Currently, Frederick County's Personnel Policy provides that the final step shall be member panel hearing. Furthermore, if there is a question whether the relief granted is consistent with written policy, the proposed bill states such determination shall be mad rather than the County Administrator who currently makes such a determination. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to p and requests that Senator Jill Vogel and Delegates Christopher E. Collins, David L Wendy Gooditis join in opposing and voting to disapprove House Bill 14 71. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution t Delegates Christopher E. Collins, David LaRock, and Wendy Goodit ADOPTED this 14th day of February, 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 ___________________________ A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Goo OPPOSE Senate Bill 751 (Glen H. Sturtevant, Jr.) now pending bef Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passation that would amend laws affecting the authority and operation of V WHEREAS, Senate Bill 751, introduced by Glen H. Sturtevant, Jr., would re with a population greater than 25,000 to post on their websites a register of all transactions that would include the vendor name, date of payment, amount and descr and WHEREAS, the Board of Supervisors believes that Senate Bill 751 would req time to implement since staff would need to review the transacti and WHEREAS, the Board of Supervisors believes that localities should have th complying with the unfunded mandate; and NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to requests that Senator Jill Vogel and Delegates Christopher E. Collins, David L and Wendy Gooditis join in opposing and voting to disapprove Senate Bill 7. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution t Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 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 ___________________________ A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Goo SUPPORT Senate Bill 108 (L. Louise Lucas) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passa that would amend laws affecting the authority and operation of V WHEREAS, Senate Bill 108, introduced by Senator L. Louise Lucas would pro publication for the enforcement of a lien for taxes owed on real or less need be published only once; and WHEREAS, under current law, such order is required to be published at lea successive weeks; and WHEREAS, the majority of the properties sold in Frederick County for past-due taxes have a value of $50,000 or less; and WHEREAS, the Board of Supervisors believes that this change would save moFrederick County while still adequately notifying interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest support to pen requests that Senator Jill Vogel and Delegates Christopher E. Collins, David Ld Wendy Gooditis join in supporting and voting to approve Senate Bill 10 NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution t Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 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 ___________________________ Employee of the Month Resolution Awarded to: Charles L. Simpson WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and, WHEREAS,Charles L. Simpson who serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center wasnominated for Employee of the Month; and, WHEREAS, On Friday December 8, 2017, OfficerCharles Simpson was working in the facilities Special Management Unitand was conducting his security rounds when he observed an inmate laying in his bunk and appeared to be sleeping. Officer Simpson took a few extra seconds to scan the area and discovered that the inmate was unresponsive and in possible need of medical assistance. Officer Simpsonthen called to get Nursing staff in the area and eventually assisted in getting the inmate to the medical department to be evaluated. The inmate was sent to the hospital and placed in the critical care unit to receive treatment. Due to Officer Simpson’s diligence and utilizing his job experience and extensive knowledge, the inmate received treatment and was returned to the facility; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors day of February 2018, thatCharles L. Simpson is hereby recognized as the this 14 th Frederick County Employee of the Month forFebruary 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Charles L. Simpson for hisoutstanding performance and dedicated service and wishes himcontinued success in future endeavors; and, BE IT FURTHER RESOLVED, that Charles L. Simpson is hereby entitled to all ofthe rights and privileges associated with hisaward. County of Frederick, VA Board of Supervisors ___________________________________ Charles S. DeHaven, Jr., Chairman BOARD OF SUPERVISORS RESOLUTION RESOLUTION AUTHORIZING THE FREDERICK COUNTY SANITATION AUTHORITY (DBA FREDERICK WATER) TO PROVIDE SEWER SERVICE OUTSIDE OF THE SEWER AND WATER SERVICE AREA TO SERVE AN EXISTING BUSINESS (SHAFFERS BBQ PALACE, LLC) WHEREAS, An existing business, on a 0.92-acre lot, is seeking the use of public sewer for its existing business. The property is located at 8140 Valley Pike 11), south of the Town of Middletown, immediately adjacent to thCedar Creek Battlefield, and is identified by Property Identification Number 91-A-27, in the Back Creek Magisterial District; and WHEREAS, This extension of sewer service would only serve the existing bu WHEREAS, The extension of sewer service outside of the Sewer and Water Service Area request was sponsored and presented to the Board of Supervisors by the B Supervisor on February 14, 2018. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia approves the extension of sewer service outs Area for the 0.92-acre parcel; and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby authorize the Frederick County Sanitation Authority (dba Frederick Water) to serve the 0.92-acre parcel. Adopted this ____ day of February, 2018. VOTE: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Bill M. Ewing Robert W. Wells J. Douglas McCarthy Shannon G. Trout Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia ST 625 91 A 1291B 1 91 A 15 Parcel # 91 - A - 27 A 37 ST 625 91 A 18 Location Map 91B 1 A 38 91B 1 A A 91 A 19 91B 1 B 55A 91B 1 B 57 91 A 20 91B 1 B 57A 91B 1 B 59 91 1 E 91B 1 B 61 91B 1 B 62 91B 1 A B1 91 7 1 9A 91 A 22 91 1 D 91B A 53A 91 1 F 91 1 A 91 7 1 1 91 1 B 91 A 28C 91 A 26 91 A 27 91 7 1 3 Middletown 91 A 24 91 A 25 01 91 A 28B 11 91 A 28 91 A 29 91 A 28A 90 A 58B 91 A 36 § ¨¦ 81 § ¨¦ 81 91 A 23K 90 A 58A 90 A 58C 91 A 30 91-A-27 I Parcels 00.030.060.12Miles Map Produced by Frederick County Planning and Development Dept. February 8, 2018 Long Range Land Use Plan ST ST 625 Middletown (Vicinity) 627 Middletown ST T-627 ST 625 ST ST ST ST 624 627 757 842 ST 625 ST § ¨¦ 627 81 01 11 § ¨¦ 81 ST 627 ST 842 ST 627 ST 842 WARREN COUNTY 91-A-27 VIRGINIA Parcels Sewer and Water Service Area Long Range Land Use Highway Commercial Mixed Use Industrial/Office Institutional I 00.1250.250.5Miles Map Produced by Frederick County Planning and Development Dept. February 8, 2018 ST 91 A 12 625 91B 1 91 A 15 Parcel # 91 - A - 27 A 37 ST 625 91 A 18 PINs and Zoning Map 91B 1 A 38 91B 1 A A 91 A 19 91B 1 B 55A 91B 1 B 57 91 A 20 91B 1 B 57A 91B 1 B 59 91 1 E 91B 1 B 61 91B 1 B 62 91B 1 A B1 91 7 1 9A 91 A 22 91 1 D 91B A 53A 91 1 F 91 1 A 91 7 1 1 91 1 B 91 A 28C 91 A 26 91 A 27 91 7 1 3 Middletown 91 A 24 91 A 25 01 11 91 A 28B 91 A 28 91 A 29 91-A-27 Parcels B1 (Neighborhood Business District) 91 A 28A 90 A 58B 91 A 36 B2 (General Business District) B3 (Industrial Transition District) § ¨¦ 81 EM (Extractive Manufacturing District) § ¨¦ 81 HE (Higher Education District) M1 (Light Industrial District) 91 A 23K M2 (Industrial General District) 90 A 58A 90 A 58C MH1 (Mobile Home Community District) 91 A 30 MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) I RA (Rural Areas District) RP (Residential Performance District) 00.030.060.12Miles Map Produced by Frederick County Planning and Development Dept. February 8, 2018 Following the required public hearing, a decision regardingthis rezoning applicationby the Board ofSupervisors would be appropriate. The Applicantshould be prepared to adequately address all concerns raised by the Board of Supervisors. 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 application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Please see emailfromMatthew Smith, dated September 5, 2017. Please see letter from Eric R. Lawrence, AICP, Executive Director dated August 9, 2017. Land Use Transportation and Site Access Following the required public hearing, a decision regardingthis rezoning applicationby the Board of Supervisors would be appropriate. The Applicantshould be prepared to adequately address all concerns raised by the Board of Supervisors. MARTINSBURGMARTINSBURG PIKE PIKE REZ # 06 - 17 1962 1947 1937 MARTINSBURG 261 MARTINSBURG MARTINSBURG PIKE K and J Investments, LC MARKET STPIKE PIKE PINs:1952 1927 MARTINSBURG MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE PIKE 251 Rezoning from RA, RP, and M1 to B2 with Proffers 1917 MARKET ST MARTINSBURG 01 Zoning Map PIKE 11 1907 MARTINSBURG PIKE 1897 MARTINSBURG PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 1876 MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN MARTINSBURG 111 149 PIKE MERCHANT ST NULTON LN REZ #06-17 REZ #06-17 43 A 149 163 43 A 147 NULTON LN REZ #06-17 185 43 A 151C REZ #06-17 NULTON LN 43 A 148 1818 MARTINSBURG PIKE 1784 201 MARTINSBURG NULTON LN PIKE 1774 MARTINSBURG PIKE Applications Sewer and Water Service Area Parcels § ¨¦ 01 81 Building Footprints 11 § ¨¦ B1 (Neighborhood Business District)81 B2 (General Business District) 220 220 B3 (Industrial Transition District) 220 EZRA LN EZRA LN EM (Extractive Manufacturing District) EZRA LN HE (Higher Education District) M1 (Light Industrial District) Note: REZ # 06 - 17 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) K and J Investments, LC Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 R4 (Residential Planned Community District) 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 R5 (Residential Recreational Community District) Map Created: December 21, 2017 with Proffers RA (Rural Areas District) Staff: cperkins Zoning Map RP (Residential Performance District) 0130260520Feet MARTINSBURGMARTINSBURG PIKE PIKE REZ # 06 - 17 1962 1947 1937 MARTINSBURG 261 MARTINSBURG MARTINSBURG PIKE K and J Investments, LC MARKET STPIKE PIKE PINs:1952 1927 MARTINSBURG MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE PIKE 251 Rezoning from RA, RP, and M1 to B2 with Proffers 1917 MARKET ST MARTINSBURG 01 Location Map PIKE 11 1907 MARTINSBURG PIKE 1897 MARTINSBURG PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 1876 MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN MARTINSBURG 111 149 PIKE MERCHANT ST NULTON LN REZ #06-17 REZ #06-17 43 A 149 163 43 A 147 NULTON LN REZ #06-17 185 43 A 151C REZ #06-17 NULTON LN 43 A 148 1818 MARTINSBURG PIKE 1784 201 MARTINSBURG NULTON LN PIKE 1774 MARTINSBURG PIKE § ¨¦ 01 81 11 § ¨¦ 81 220 220 220 EZRA LN EZRA LN EZRA LN Note: REZ # 06 - 17 Frederick County Dept of K and J Investments, LC Planning & Development I 107 N Kent St PINs: Suite 202 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 Applications 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 Sewer and Water Service Area Map Created: December 21, 2017 with Proffers Parcels Staff: cperkins Location Map Building Footprints 0130260520Feet 261MARTINSBURGMARTINSBURGMARTINSBURG PIKEPIKE 1952 REZ # 06 - 17 PIKE MARKET ST MARTINSBURG 1917 1927 PIKE 251 MARTINSBURG MARTINSBURG K and J Investments, LC MARKET STPIKE PIKE 01 PINs: 1907 11 MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE Rezoning from RA, RP, and M1 to B2 with Proffers 1897 MARTINSBURG Long Range Land Use Map PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 111 1876 MERCHANT ST MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN 111 MARTINSBURG 149 MERCHANT ST PIKE NULTON LN REZ #06-17 43 A 149 163 REZ #06-17 NULTON LN 43 A 147 112 MARKET ST REZ #06-17 Applications 185 43 A 151C Sewer and Water Service Area NULTON LN REZ #06-17 Parcels 43 A 148 1818 Building Footprints MARTINSBURG Long Range Land Use PIKE Residential 1784 201 Neighborhood Village MARTINSBURG NULTON LN PIKE Urban Center Mobile Home Community 1774 Business MARTINSBURG PIKE Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional § ¨¦ 01 81 Planned Unit Development 11 § ¨¦ Park 81 361 220 MILBURN RD Recreation EZRA LN School Employment Airport Support Area B2 / B3 Note: REZ # 06 - 17 Residential, 4 u/a Frederick County Dept of High-Density Residential, 6 u/a K and J Investments, LC Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PINs: Suite 202 Rural Area 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 Interstate Buffer 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 Landfill Support Area Map Created: December 21, 2017 with Proffers Natural Resources & Recreation Staff: cperkins Long Range Land Use Map Environmental & Recreational Resources 0130260520Feet Proffer Statement for Omps North East Rezoning: RZ # __-17 Property: Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C Record Owners: K&J Investments, LC Project Name: Omps North East Original Date of Proffers: May 22, 2017 Revisions: October 27, 2017 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and th provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Applicatio-17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres fr said areas being shown on the attached rezoning plat, developmen be done in conformity with the terms and conditions set forth herein, except to the extent such terms and conditions may be subsequently amended or revised approved by the Board of Supervisors in accordance with the said the event that such rezoning is not granted, then these proffers shall be have no effect whatsoever. These proffers shall be binding upon the owners and t successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. 1 Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by-right trips of 3,441 AADT. To be determined at Site Plan submission utilizing the cur Manual. The owners hereby proffer to construct no more thanone "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the G This will serve as the internal road system for the development. neighboring parcels will be also be granted an access easement o Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezon The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal ro, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5 sidewalk. The dedication and improvements will occur with the approval of the first site plan. The owners hereby proffer to enter into a signalization agreemen Virginia Department of Transportation for the warrant study and of a traffic signal at the intersection of Snowden Bridge Boulevard, prior to the approval of the first site plan. It is understood that the owners participation will be pro-rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2 Corridor Enhancement along Route 11 - Martinsburg Pike The owners hereby proffer to construct split-rail fence with a 36" hedge within the front building setback. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50 front building setback. The owner hereby proffers only one freestanding monument style t along the frontage of Martinsburg Pike. No additional freestandi be allowed along Martinsburg Pike. Fire & Rescue - Monetary Contributions The owners hereby proffer a cash contribution to Frederick Count Rescue purposes, of $0.10 per building square foot to be disburs Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined fl story. 3 MEMORANDUM 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 for the primary purpose of generating electrical power to be sold to a public utility or in the electricity market. Such a facility may also be termed a .Photovoltaic panels, support structures, and associated, control, conversion, and hardware primarily designed to offset personal energy consumption by the owner of the facility does not constitute a solar (photovoltaic) energy facility. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPE Part 204 Additional Regulations for Specific Uses § 165-204.32. Solar (Photovoltaic) Energy Facility Solar (Photovoltaic) Energy Facilities 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 be located a property consisting of six (6) oacres. C.The facility shall, at a minimum, meet the setback requirement f District. D.Buffers and screening (including distance, opaque elements, and determined by the Zoning Administrator at time of site plan. E.All wiring not on the solar arrays shall be underground except w the electricity transmission grid. F.Within 30 days of abandonment, the owner of the property shall notify the Zoning Administrator of cessation of use. Within two (2) years of the date of letter notifying the Zoning Administrator of abandonment, the owner of the property shall physically remove all components of the facility. If not removed within the allotted time, the County may have it removed at the expense of the owner of the property. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 RA Rural Areas District § 165-401.02 Permitted Uses. {·©Ò-·Ò©; 7 7 w ,; Ò;7 E© ; E ·w; EÞzm Ò;t Q. tÒ,z- Ò·zz·ä m;;© ·zm (including solar (photo voltaic) energy facilities regardless of owned or operated by a public utility)r ,·;© © ©; ä · ·zr ·© E©;© Ò,· ·zr ·© zz z; 7 ·Þ;©r ¦z¦;r ;·;© 7 ·w;© E -zz·z;r © z© 7 E -zz·z; 7 ;Þ;© 7 Þ ·;© E -zz·z; 7 z; Þ;7 ,ä ¦Ò,z- Ò·zz·z;r © z© 7 -u