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January 9 2019 Board_Agenda_Packet AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2019 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Amended Agenda Regular Meeting Call to Order Invocation Pledge of Allegiance Attachment Organization of the Board of Supervisors for 2019 --------------------------------------------------A Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to OrganizeIts 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. Chairman’s Annual Committee Assignments: 1. Board Assignments to Committees. 2. Citizen Member Assignments to Standing Committees. Adoption of Agenda Citizen Comments –Agenda Items that are not the subject of a Public Hearing MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, January 9, 2019 Consent Agenda Note: The Consent Agenda requires a roll call vote as it contains appropriation(s) of funds in item # 4. 1.Minutes-Regular Meeting of December 12, 2018------------------------------------------------B 2.Committee Reports Finance Committee Report of 12/19/18 ---------------------------------------------------C a. Parks & Recreation Commission Report of 12/11/18 ----------------------------------D b. 2.ResolutionSupporting Delegate Collins’s Proposed Legislation to Amend and Reenact § 58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate------------------------------------------------------------------------E 3.Resolution Supporting the Position of the Coalition of High Growth Communities on Legislation Pending at the Upcoming General Assembly Session -----------------------F 4.Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations------------------------------------------------G Enterprise FM Trust --$ 5,785.59 Undisclosed Taxpayer –Disabled Veteran’s Relief --$2,543.20 Undisclosed Taxpayer –Disabled Veteran’sRelief --$3,500.57 Undisclosed Taxpayer –Disabled Veteran’s Relief --$12,290.31 Board of Supervisors Comments County Officials 1.Recognition of Employee of the Year Travis Mitchell 2.GFOAAward---------------------------------------------------------------------------------------------H Recognition of the Frederick County Finance Department for Receiving the Government Finance Officers Association’s Distinguished Budget Presentation Award 3.Committee Appointments------------------------------------------------------------------------------I a.Extension Leadership Council Back Creek District --Unexpired 4-year term ending 1/14/20 b.ShawneelandSanitary District Advisory Committee 2-year term of Michelle Landon ended 11/9/18 (Eligible for reappointment) 2-year term of Jeff Stevens ended 11/9/18 (Eligible for reappointment) MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, January 9, 2019________________________________________________________________ 3.Committee Appointments, continued --------------------------------------------------------------I c.Board of Equalization 3-year term ending 12/31/18 (Seeking applications) d.Economic Development Authority 4-year term of Doug Rinker ends 1/10/19 (Eligible and willing to be reappointed) e.Parks and Recreation Commission 3-year term of Charles Sandy ends 1/25/19 (Eligible and willing to be reappointed) Committee Business –None Finance Committee ()Items 2, 3, 4, 6, 10 and 15 were approved underCommitteeconsent agenda. 1.The FCPS Executive Director of Finance requests a General Fund and School Capital Projects Fund supplemental appropriation in the amount of $1,264,000to implement Phase II Safety and Security Construction Upgrades. Local funds are required. Request has been approved by the School Board. The committee recommends approval. () 2.The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $2,000. This amount represents a grant award from the Virginia DEQ in support of the County’s Secure Your Load campaign. No local funds required. Approved on Committee consent agenda. 3. () The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $3,404.95. This amount represents an insurance claim for stolen equipment. No local funds required. Approved on Committee consent agenda. 4. ()The Public Works Director request a General Fund supplemental appropriation in the amount of $10,000. This amount represents donated funds received for spaying and neutering shelter pets. No local funds required. Request has been approved by the Public Works Committee. Approved onCommittee consent agenda. 5.The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of $300,000. This amount represents funds for emergency repairs to roads and drainage structures due to excessive rainfall. Request has been approved by the Public WorksCommittee. The committee recommends approval. 6.()The IT Director requests a General Fund supplemental appropriation in the amount of $45,535. This amount represents PEG funds to be used for electronic agenda creation/management and live streaming of County meetings. No local funds required. Requesthas been approved by the IT Committee. Approved onCommittee consent agenda. 7.The IT Director requests a General Fund supplemental appropriation in the amount of $11,251. This amount represents fund needed to hire an additional GIS Technician. Local funds are required. Request has been approved by the IT Committee. The committee recommends a transfer from contingency funds. MEETING AGENDA PAGE 4 Frederick County Board of Supervisors Wednesday, January 9, 2019_________________________________________________________________________ Finance Committee, continued 8.The Parks & Recreation Director requests the creation of the School Grounds Maintenance Equipment Fund to set aside funds for grounds maintenance equipment replacement. The Parks and Recreation Commission has approved the request. The committee recommends approval. 9.The Sheriff requests a General Fund supplemental appropriation in the amount of $954. This amount represents proceeds from the sale of old gym equipment to be used toward replacement. No local funds required. The committee recommends approval. 10.()The Sheriff requests a General Fund supplemental appropriation in the amount of $203.33. This amount represents K9 donations. No local funds required. Approved onCommittee consent agenda. 11.The Sheriff requests a General Fund supplemental appropriation in the amount of $3,637.55. This amount represents proceeds from the sale of salvage and surplus in excess of budgeted revenue. No local funds required. The committee recommends approval. 12.The Sheriff request a General Fund supplemental appropriation in the amount of $4,500. This amount represents reimbursements received from the Secret Service for the purchase of evidence collection and storage equipment. No local funds required. The committee recommends approval. 13. The Sheriff requests a General Fund supplemental appropriation in the amount of $28,850. This amount represents recovered costs for traffic control to be used for overtime. No local funds required. The committee recommends approval. 14.The Sheriff requests a General Fund supplemental appropriation not to exceed $42,000.This amount represents funds for radio equipment. Local funds are required. Request has been approved by the Public Safety Committee. The committee recommends a transfer from contingency funds. 15. ()The Finance Director requests a General Fund supplemental appropriation in the amount of $41,450.34. This amount represents unspent FY 18 VJJJCA funds to be returned to the State. No local funds required. Approved onCommittee consent agenda. Public Hearings (Non Planning Issues) -None Planning Commission Business Public Hearings -None MEETING AGENDA PAGE 5 Frederick County Board of Supervisors Wednesday, January 9, 2019____________________________________________________________ Other Planning Business 1.Request by Wesley Housing –Resolution for a Local Housing --------------------J Revitalization Area(PIN#: 54-A-128) 2.Site Plan (Subdivision) #22-18 Spring Run –------------------------------------------K 15-Lot Townhouse Subdivision Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2019 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Regular Meeting Call to Order Invocation Pledge of Allegiance Attachment Organization of the Board of Supervisors for 2019 -------------------------------------------------- A Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to OrganizeIts Functions at Its First Meeting in January Including: Election of Vice-Chairman Adoptionof Rulesof Procedure Selection of aParliamentarian Selection ofTime and Placefor Regular Meetings Chairman’sAnnual CommitteeAssignments: Board Assignmentsto Committees CitizenMemberAssignments to Standing Committees Adoption of Agenda Citizen Comments – Agenda Items that are not the subject of a Public Hearing MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, January 9, 2019 Consent Agenda 1.Minutes-Regular Meeting of December 12, 2018------------------------------------------------B 2.Committee Reports Finance Committee Report of 12/19/18 ---------------------------------------------------C a. Parks & Recreation Commission Report of 12/11/18 ----------------------------------D b. 2.ResolutionSupporting Delegate Collins’s Proposed Legislation to Amend and Reenact § 58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate------------------------------------------------------------------------E 3.Resolution Supporting the Position of the Coalition of High Growth Communities on Legislation Pending at the Upcoming General Assembly Session -----------------------F 4.Request from the Commissioner of the Revenue for Refund ---------------------------------G Enterprise FM Trust --$ 5,785.59 Undisclosed Taxpayer –Disabled Veteran’s Relief --$2,543.20 Undisclosed Taxpayer –Disabled Veteran’s Relief --$3,500.57 Undisclosed Taxpayer –Disabled Veteran’s Relief --$12,290.31 Board of Supervisors Comments County Officials 1.Recognition of Employee of the Year Travis Mitchell 2.GFOAAward---------------------------------------------------------------------------------------------H Recognition of the Frederick County Finance Department for Receiving the Government Finance Officers Association’s Distinguished Budget Presentation Award 3.Committee Appointments------------------------------------------------------------------------------I a.Extension Leadership Council Back Creek District --Unexpired 4-year term ending 1/14/20 b.ShawneelandSanitary District Advisory Committee 2-year term of Michelle Landon ended 11/9/18 (Eligible for reappointment) 2-year term of Jeff Stevens ended 11/9/18 (Eligible for reappointment) MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, January 9, 2019________________________________________________________________ 3.Committee Appointments, continued --------------------------------------------------------------I c.Board of Equalization 3-year term ending 12/31/18 (Seeking applications) d.Economic Development Authority 4-year term of Doug Rinker ends 1/10/19 (Eligible and willing to be reappointed) e.Parks and Recreation Commission 3-year term of Charles Sandy ends 1/25/19 (Eligible and willing to be reappointed) Committee Business –None Finance Committee ()Items 2, 3, 4, 6, 10 and 15 were approved underCommitteeconsent agenda. 1.The FCPS Executive Director of Finance requests a General Fund and School Capital Projects Fund supplemental appropriation in the amount of $1,264,000to implement Phase II Safety and Security Construction Upgrades. Local funds are required. Request has been approved by the School Board. The committee recommends approval. () 2.The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $2,000. This amount represents a grant award from the Virginia DEQin support of the County’s Secure Your Load campaign. No local funds required. Approved on Committee consent agenda. 3. () The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $3,404.95. This amount represents an insurance claim for stolen equipment. No local funds required. Approved on Committee consent agenda. 4. ()The Public Works Director request a General Fund supplemental appropriation in the amount of $10,000. This amount represents donated funds received for spaying and neutering shelter pets. No local funds required. Request has been approved by the Public Works Committee. Approved onCommittee consent agenda. 5.The Public Works Director requests a ShawneelandFund supplemental appropriation in the amount of $300,000. This amount represents funds for emergency repairs to roads and drainage structures due to excessive rainfall. Request has been approved by the Public Works Committee. The committee recommends approval. 6.()The IT Director requests a General Fund supplemental appropriation in the amount of $45,535. This amount represents PEG funds to be used for electronic agenda creation/management and live streaming of County meetings. No local funds required. Request has been approved by the IT Committee. Approved onCommittee consent agenda. 7.The IT Director requests a General Fund supplemental appropriation in the amount of $11,251. This amount represents fund needed to hire an additional GISTechnician. Local funds are required. Request has been approved by the IT Committee. The committee recommends a transfer from contingency funds. MEETING AGENDA PAGE 4 Frederick County Board of Supervisors Wednesday, January 9, 2019_________________________________________________ Finance Committee, continued 8.The Parks & Recreation Director requests the creation of the School Grounds Maintenance Equipment Fund to set aside funds for grounds maintenance equipment replacement. The Parks and Recreation Commission has approved the request. The committee recommends approval. 9.The Sheriff requests a General Fund supplemental appropriation in the amount of $954. This amount represents proceeds from the sale of old gym equipment to be used toward replacement. No local funds required. The committee recommends approval. 10.()The Sheriff requests a General Fund supplemental appropriation in the amount of $203.33. This amount represents K9 donations. No local funds required. Approved onCommittee consent agenda. 11.The Sheriff requests a General Fund supplemental appropriation in the amount of $3,637.55. This amount represents proceeds from the sale of salvage and surplus in excess of budgeted revenue. No local funds required. The committee recommends approval. 12.The Sheriff request a General Fund supplemental appropriation in the amount of $4,500. This amount represents reimbursements received from the Secret Service for the purchase of evidence collection and storage equipment. No local funds required. The committee recommends approval. 13. The Sheriff requests a General Fund supplemental appropriation inthe amount of $28,850. This amount represents recovered costs for traffic control to be used for overtime. No local funds required. The committee recommends approval. 14.The Sheriff requests a General Fund supplemental appropriation not to exceed $42,000.This amount represents funds for radio equipment. Local funds are required. Request has been approved by the Public Safety Committee. The committee recommends a transfer from contingency funds. 15. ()The Finance Director requests a General Fund supplemental appropriation in the amount of $41,450.34. This amount represents unspent FY 18 VJJJCA funds to be returned to the State. No local funds required. Approved onCommittee consent agenda. Public Hearings (Non Planning Issues) -None Planning Commission Business Public Hearings -None MEETING AGENDA PAGE 5 Frederick County Board of Supervisors Wednesday, January 9, 2019____________________________________________________________ Other Planning Business 1.Request by Wesley Housing –Resolution for a Local Housing --------------------J Revitalization Area(PIN#: 54-A-128) 2.Site Plan (Subdivision) #22-18 Spring Run –------------------------------------------K 15-Lot Townhouse Subdivision Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn COUNTY of FREDERICK Office of the County Administrator Ann W. Phillips Deputy Clerk, Board of Supervisors Tel: 540.722.8273 Fax: 540.667.0370 M E M O R A N D U M To:Board of Supervisors From:Ann W. Phillips, Deputy Clerk to the Board Re:Amendment to the Rules of Procedure Date:January 3, 2019 Attached please find a copy of the Board’s Rules of Procedure, which are adopted annually as part of the Board’s reorganization. Staff has reviewed the document and has one proposed amendment toSection 1-1 Annual Meeting; Schedule of Regular Meetings. The text states that “no changes to the meeting schedule may be made unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met.”The Code currently stipulates that in order to cancel a regular meeting, the Board must pass a resolution affirming the cancelation. The proposed change to the Rules of Procedure would expand the last sentence in the section by adding the phrase “, except that the Chairman may cancel a regular meeting in extenuating circumstances.” If the Board is agreeable to this change, a draft motion has been enclosed for your consideration. If you have any questions, please do not hesitate to contact me. Attachment 107 N. Kent January 9, 2019 MOTIONfor ADOPTION OF RULES OF PROCEDURE I move that the Board adopt the Rules of Procedure originally adopted by the Frederick County Board of Supervisors on May 28, 2003, amended January 9, 2019, and Roberts Rules of Order Simplified and Applied. ’ 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 othe as it may designate, the Board shall assemble in the Board of Su 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 organiza meeting, the Board shall fix the date, time, and place of all ofing calendar year, and shall fix the day on which a regular meeting later declare that weather or other conditions make it hazardous 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, except that the Chairman may cancel a regular meeting in extenuating circums. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it de and places as it may find convenient. A special meeting can onl 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 conti special, from time to time as it may find convenient or necessarher advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a the Board for decision shall be determined by a majority vote ofsent and voting on any such question, unless otherwise provided by law or these Rules o voting and how he or she voted will be recorded for each action 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, discuss permitted for purposes of clarifying the issues and/or the options available for consideration. No call f vote shall be allowed until a member of the Board moves a specif member of the Board has thereafter had an opportunity to speak totion. Motions shall require a second. When possible, Board members making complex, -part, or lengthy motions are requested to provide the clerk with a written copy of the motion Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in ord without debate, provided each member of the Board is given a rea 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 rec one to amend, to refer to committee, for the previous question, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Annou At any meeting of the Board, when any vote upon any motion, reso has been previously announced, it may not be reconsidered unless effect is presented by a member of the Board who previously voted with the resolution, ordinance, or question was considered. Any such mot majority vote of the members present at the time such motion to reconsider is presented. Section 1-9. Roberts Rules of Order; Suspending Rules [Amended 09/14/11] [Am The proceedings of the Board of Supervisors, except as otherwise applicable State law, shall be governed by the latest version of Roberts Rules of Applied, with the exception of motions to postpone. Motions to 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 p effect, which is carried by majority vote of the members present Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all pers orderly manner may attend the meetings. However, the Board may 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 th to so convene, and then, only if such motion accurately states a 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 morer later than 11:00 P.M. without the consent of a majority of the members that the matter or matters before the Board cannot be heard with the members of the Board to determine the desire of the members. The Chair shall adjourn or recess meeting upon final action on the current agenda item unless a ma the limits established by this section. Any items not taken up isors prior to adjourning will be added to the agenda of the next meeting witho 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, on December 31st of the same year in which he or she is elected; 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 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 one of their number as temporary Chair by majority vote of the m Section 2-2. Authority of the Chairman The efficient and dignified conduct of public business is the ul Accordingly, it is the policy of the Board that its meetings be and decorum, and the Board will permit no behavior, which is not in keeping with th The Chairman shall preserve order and decorum at all meetings. speak and shall ensure that speakers comments are limited to the the Board for consideration and that any limitations on time are observed. The Chairman sha desiring to speak are permitted to do so without interruption or Chair shall determine if statements are demeaning, inappropriate, or out of order, authority to revoke the speakers right to continue. The Chairman may order the expulsion of any person for violation words or action that incite violence or disorder, subject to appeal to the Board shall not be readmitted for the remainder of the meeting from wh 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 spe to exceed six months or upon a still subsequent expulsion, a per Chairman, subject to appeal to the Board, or by motion passed by The Chairman shall have the power to administer an oath of hones submitted to the Board or connected with its powers and duties. power to administer an oath granted to the Chair in this section shall be no greater than the same p-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 ca Temporary Clerk, as the circumstances may require, and said employee shall 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 ite to be placed on the regular meeting agenda shall be received in before noon on the Thursday that falls in the week immediately prio meeting. Agendas for special meetings shall be prepared as far 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 established. Section 3-2. Delivery Each member of the Board shall receive the regular meeting agende supporting information available to staff, on the Friday of the week prior second and fourth Wednesdays of each month. Special meeting age be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3-3. Posting and Notice [Amended 02/14/18] A copy of the meeting agendas shall be made available in the Off 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.fcva.us, and outside the ma meeting room. Section 3-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amend; [Amended 08/08/18] 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 Citizen Comments (Agenda Items Only, That Are Not Subject to Pub Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business 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 a Article III. Additions, deletions, or modifications and/or adoption of the agenda s 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 tent Agenda, and shall be considered by the Board as a single item. There shall be no Board regarding any item on the Consent Agenda, beyond asking qu On objection by any member of the Board of Supervisors to inclus Agenda, that item shall be removed from the Consent Agenda forth 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 f acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall const enactment of each motion, resolution, or other item of business upon individually. Section 4-4. Citizen Comments Period [Amended 4/14/04] [Amended 01/10/18]; [Amended 02/14/18] Two Citizen Comments periods shall be furnished during every reg Supervisors. The first Citizen Comments period shall occur afted shall be a time for citizens to address agenda items that are no persons desiring to address the Board of Supervisors during this 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 provi address, and their Magisterial District of residence on the regi The second Citizens Comments period shall occur prior to the Board of Sup the end of the meeting and shall be a time for citizens to addre 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 st 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 Cit to a three-minute time limitation. Any person desiring to address the Board of Supervisors during tperiods shall be required to abide by the rules governing such presentations a- Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor sh 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 pr 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 dur of the agenda at a regular meeting shall submit a written reques, or his/her designee, identifying, with reasonable certainty, the subject matter of th Clerks hands not later than the agenda deadline specified in Se-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, a speaker shall be subject to a five minute time limit for the pre with agreement of the Chairman. Board member questions and dision of the material presented shall not be subject to any time limit. Persons making presentations and provide detailed information in response to questions from m ARTICLE V - PUBLIC HEARINGS Section 5-1. Format for Public Hearings It is the purpose and objective of the Board of Supervisors to g express his/her views on the issue(s) at hand at public hearings and courtesy. While it is often necessary to have a presentation by an appli the Board to hear from the public; and therefore, the applicant possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all publi 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 and/or consideration (g) Board discussion Section 5-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to has been given and to read or summarize the notice for the benef Section 5-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or app as is necessary to explain the action requested of the Board of concise summaries for the Supervisors and the public's information and understand sufficient time will be allowed to present, properly and fairly, information has been provided prior to the hearing, that informa 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 Pub 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, t 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 Should the Chair determine that the likely number of persons des number, he may direct that individuals desiring to speak register with staff, providing their district in which they reside. Should registration be required, 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 r member of the public shall be recognized to speak a second time had an opportunity to do so. In the event the number of persons desiring to speak necessitates a regist speakers shall be recognized in the order in which they have reg In the event the number of speakers results in the continuation registered but not heard at the initial Public Hearing will be the first given a continued hearing. Section 5-7. Presentation of Comments Each person may address the Board as many times as the Chair, inallow, but no speaker shall exceed the total time limit set by the Chai Section 5-8. Board Members Questions Upon completion of a presentation by staff, applicant or member 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 s 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 closi reference to the public hearing presentations. Section 5-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, ll be received. Section 5-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors sha action upon the matter set for public hearing. In the event theto a later date, the record shall be left open to receive written comments up until t ARTICLE VI - CITIZEN RESPONSIBILITIES Section 6-1. Application of Rules Any person desiring to address the Board of Supervisors during ay portion of a meeting designated for public comment shall be required to abide by the 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 Supe matters before the Board of Supervisors. Speakers shall not eng members of the public. Questions shall not be asked of other speakers but may Chairman of the Board for consideration by the Board in later de 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 Cursing or other obscene language or gestures, threats, insults, provoke or incite a fight, brawl, or other such disorderly respopermitted. Any person whose conduct is contrary to this section will be removed as provided -2 of these rules. Board members are expected to observe the same decorum at all meetings Section 6-4. Name and Magisterial District of Residence [Amended 02/14/18] Individuals addressing the Board during any portion of a meeting shall clearly state their name and Magisterial District of resid Should a person be recognized to speak more than once, they shall identify themselves each time speaking. Section 6-5. Organizational Representation Any person speaking at any portion of a meeting designated for p himself as being an officer or representative of an organization, group, association, corporati entity, shall, upon request of a member of the Board, disclose f corporation, or other entity, the history, size, dues, structurecreation, requirements for membership, tax status; and shall reveal the organizations metho the speakers authority to represent the organization. Unreasona the satisfaction of the Board of Supervisors shall bar the speaker from speakin organization. Section 6-6. Order of Speaking Persons speaking during any portion of a meeting designated for 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 all time limits established herein and shall yield the floor wheed. Section 6-8. Registration [Amended 02/14/18] Should registration of speakers be required, all persons desirin providing their name and Magisterial District of residence. Section 6-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements Clerk or Deputy Clerk of the Board to be incorporated into the w 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 u Supervisors, and shall, upon request of any Board Member, provid presented. ARTICLE VII APPOINTMENTS Section 7-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorit committees or other organizations or positions as the Board shalrize and to appoint various citizen members to Boards standing committees. The following positions are appointed by the Chairman each Janua STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association County Representatives to the Frederick County-Winchester Joint Finance Committee Section 7.2. Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18]; [Amended 08/08/18] Each board member may nominate citizen members to be appointed tauthorities, boards, commissions, and committees where a representative is ne magisterial district or for the county at large. (Note: A current list of boards and committees is available o the County website, www.fcva.us.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or commi prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boarhile reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrators Office. A completed application (Informational Data Sheet) shal nominations; however, a completed application (Informational Dat reappointed shall not be required. 2. Applications must be received in the County Administrators Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above wilreview until the next regularly scheduled meeting of the Board. ARTICLE VIII - AMENDMENTS Section 8-1. Amendments These Rules of Procedure may from time to time be revised, repea 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) (Amended: 02/14/18) (Amended: 08/08/18) January 9, 2019 MOTION for SELECTION OF A PARLIAMENTARIAN I move that the Board elect the County Administrator as Parliamentarian. MOTION for SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS I move that the second and fourth Wednesdays ofeach month, at 7:00 P.M., in theBoard ofSupervisorsMeeting Room, County Administration Building,107 ’ North Kent Street,Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisorsfor201.I furthermove thatshoulda meeting be due to inclementweather,itwill takeplace on the following evening. BOARD COMMITTEE ASSIGNMENTS 2019 Appt.VotingDeHavenWellsMcCarthyLoftonTroutSlaughterDunn STANDING COMMITTEES Code & OrdinanceAnnualYXCHX FinanceAnnualYXX CH Human ResourcesAnnualYXXCH Public SafetyAnnualYCHX X Public WorksAnnualYXCHX TechnologyAnnualYXCH X TransportationAnnualYCHX 1344143 JOINT COMMITTEES Joint FinanceAnnualYXX MPOAnnualYX X 2000020 AUTHORITIES/COMMISSIONS Airport Authority4 yrY** Conservation Easement3 yrYX Economic Development Authority4 yrYX**** Fred-Winc Service Authority3 yrY*** N. S. Valley Reg. Comm."CA" + 2electedYXX Juvenile Detention Center * 4 yrY Regional Jail Board4 yrY(A)X X 010111 2 LIAISONS-Non Voting Handley Regional LibraryAnnualNX Parks & RecreationAnnualNX Planning CommissionAnnualNX (A) Sanitation AuthorityAnnualNX Social ServicesAnnualNX Fire and RescueAnnualN X Tourism BoardAnnualNX(A) 0111202 OTHER Agricultural District AdvisoryAnnualYX Extension LeadershipAnnualNX Landfill OversightAnnualYX 0102000 Total3658486 (A) = Alternate * Juvenile Detention Center Commission - Bob Williamson Serves as the County Rep.; Jay Tibbs as Alternate ** Airport Authority - Gene Fisher term expires 6/30/2022 *** Fred-Winc Service Authority - Gene Fisher term expires 1/10/2022 **** EDA - Gary Lofton term expires 11/10/2019 Version: 01/04/2019 C:\Users\ann.phillips\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R3F4FM2K\BoardCommitteeChart(2019)(010919BdMtg) CITIZEN COMMITTEE APPOINTMENTS 2019 Appointments to All of the Following are Annual Citizen Appointments to the “Standing” Committees by the Chairman of the Board of Supervisors at the First Meeting of January Each Year (the Annual Organization of the Board). Appointments to all are for One Year. Code & Ordinance Committee (meets as needed) Derek C. Aston Stephen G. Butler James A. Drown Finance Committee rd (meets 3Wed. each month, 8:00 A.M.) Jeffrey S. Boppe Angela L. Rudolph Human Resources Committee nd (meets 2Fri. each month, 9:00 A.M.) Don Butler Dorrie R. Greene Beth Lewin Information Technologies Committee (meets as needed) Quaisar Absar Todd Robertson Public Safety Committee (meets bi-monthly as needed) Walter “Walt” Cunningham Helen Lake Charles R. “Chuck” Torpy Public Works Committee (meets last Tues. each month, 8:00 A.M.) Gene E. Fisher Ed Strawsnyder, Jr. Whitney “Whit” L. Wagner Transportation Committee th (meets 4Mon. each month, 8:30 A.M.) Gary R. Oates James M. Racey, II Barry G. Schnoor U:\TJP\committeebook\BoardCommitteeChart\2019\CitizenAppointments(2019)(010919BdMtg).docx MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 12, 2018 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann-Slaughter; Shannon G. Troutand Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; John Bishop, Assistant Director of Planning-Transportation; Scott Varner, Director of Information Technology;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to orderat 7:00 p.m. INVOCATION Chairman DeHaven asked a minister in attendance to deliver the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led thePledge ofAllegiance. ADOPTION OF AGENDA -APPROVED Supervisor Trout moved that thepublic hearing on Rezoning #03-18, Carpers Valley industrial Park, be removed from the agenda and postponed for 60 days. Supervisor Dunn seconded the motion. Vice Chairman Lofton moved to amend the previous motion to set the public hearing for the second regular meeting in January 2019, January 23. Supervisor McCarthy seconded the motion. The Board discussed the options, and the motion to amend was carried unanimously on a voice vote. The amended motion to postpone the public hearing until the second regular meeting in January carried unanimously on a voice vote. Upon motion of Supervisor Dunn, seconded bySupervisor Slaughter,theamended agenda was adopted on a voice vote. CITIZENS COMMENTS -NONE ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, theconsentagenda was adopted on a voice vote. -Minutes: Regular Meeting of October 24, 2018- CONSENT AGENDA APPROVAL 1 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 -Minutes: Work Session of October 25,2018- CONSENT AGENDA APPROVAL -Information Technology Committee Report of October 17, 2018- CONSENT AGENDA APPROVAL Appendix 1 -Parks and Recreation Commission Report of November 13, 2018- CONSENT AGENDA APPROVAL Appendix 2 -Public Safety CommitteeReport of November 19, 2018- CONSENT AGENDA APPROVAL Appendix 3 -Public Works Committee Report of October 30, 2018- CONSENT AGENDA APPROVAL Appendix 4 -Public Works Committee Report of November 27, 2018- CONSENT AGENDA APPROVAL Appendix 5 -Transportation Committee Report of October 22, 2018- CONSENT AGENDA APPROVAL Appendix 6 -Transportation Committee Report of November 26, 2018- CONSENT AGENDA APPROVAL Appendix 7 -Acknowledgement of Receipt of Certified Copies of Abstract of Votes from the November 6, 2018, General Election- CONSENT AGENDA APPROVALAppendix 8 -Resolution in Memoriam of Supervisor Margaret Brumback Douglas - CONSENT AGENDA APPROVAL RESOLUTION IN MEMORIAM OF SUPERVISOR MARGARET BRUMBACK DOUGLAS BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA WHEREAS, Margaret Brumback Douglas was born in 1932 in Wincheste Brumback, and WHEREAS, Margaret graduated from James Wood High School as a mem WHEREAS Margaret retired from the United States Postal Service a WHEREAS Margaret was a member of the Frederick County Farm Bureau, a volunteer with the American Red Cross, and a member of Frederick County 4-H where she earned numerous awards including the prestigious Diamond Leadership Award in 2000; and WHEREAS, Margaret served as a member of the Frederick County Boa Supervisors representing the Back Creek Magisterial District from January 1996 until December WHEREAS, during her tenure on the Board of Supervisors, Margaret the Public Safety Committee, the Gypsy Moth Committee, the Parks and Recreation Commission, the Agricultural District Advisory Board, and the Extension Leadersh Handley Regional Library Board liaison; and WHEREAS, following her tenure on the Board of Supervisors, Margaret served as a member on the Frederick County Grievance Panel and continued to serve as a member on the until the time of her death; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board onds its deepest sympathy to the family of Margaret Brumback Douglas and and contribution to the community. BE IT FURTHER RESOLVED, that this resolution be spread across th Board of Supervisors for all citizens to reflect upon the accomplishmen BE IT FINALLY RESOLVED, that a true copy of this resolution be p + + + + + + + + + + + + + + -Resolution of June Wilmot- CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION JUNE WILMOT PLANNING COMMISSIONER FREDERICK COUNTY, VIRGINIA WHEREAS, June Wilmot served Frederick County, Virginia, for appr Planning Commission; and WHEREAS, June was appointed as representative of the Shawnee Dis Commission on March 9, 2005, and was subsequently appointed as t-Large Representative on January 23, 2008, and has served continuously until September 1, 2018; and 2 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 WHEREAS, June was elected by her peers as Chairman of the Planni and served in that capacity until January 17, 2018; and WHEREAS, Junes insight and leadership abilities successfully gu Planning Commission and the various sub-committees on which she served, particularly the Comprehensive P and WHEREAS, June provided important guidance leading to a major re-write of the Frederick County 2030 Comprehensive Plan, followed by the 2035 Comprehensive Plan update; and WHEREAS, Junes knowledge and conscientious dedication to better County by promoting communication and citizen engagement as show participation in the Countys planning efforts. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors exte sincerest thanks and appreciation to June Wilmot for her devotio her all 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 reflect upon the accomp + + + + + + + + + + + + + + -Resolution Authorizing Boundary Line Adjustment for Acquisition of 34.361 acres as part of the Frederick County Landfill - CONSENT AGENDA APPROVAL WHEREAS, The Department of Public Works has determined that it i with buffer between its operations and the surrounding propertie WHEREAS, Ms. Gayle Anderson Golightly Keenan, the owner of Parce-A-77D, which is adjacent to the Landfill property, has approached the Department of Publi boundary line adjudgment to convey a portion of said parcel to t WHEREAS, Ms. Anderson Golightly Keenen and the County have agreed to favorable contractual terms for said boundary line adjustment and conveyance to the County; and WHEREAS, the funds needed for the purchase of said property have available for this purpose; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorize adjustment and ratifies the real estate contract between the par the County Administrator to sign the deed, closing documents, and any other documents deemed necessary for this purchase. + + + + + + + + + + + + + + -Resolution Amending the addition of Security Drive to Secondary Road System - CONSENT AGENDA APPROVAL WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerks Office of the Circuit Cou WHEREAS, the Resident Engineer of the Virginia Department of Tra that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportatio June 9, 1993, for comprehensive stormwater detention which applies to th WHEREAS, this Board assumes total responsibility for all cost an workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and/or related drainage facilities described on the attach-4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced roways; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Departments Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrest-of-way, as described, 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. + + + + + + + + + + + + + + -Road Resolution for System Changes -VDOT Project 0081-034-127, C-501 I-81 Exit 310, Kernstown - CONSENT AGENDA APPROVAL WHEREAS, the Virginia Department of Transportation has completed-034-127, C-501; and WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and resolution, define adjustments required in the secondary system of state highways as a result of constructi 3 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 and WHEREAS, certain segments identified on the incorporated Form AM convenience and should be abandoned as a part of the secondary sways, and WHEREAS, certain segments identified on the incorporated Form AM uses of the state system of highways and no longer warrant maint WHEREAS, certain segments identified on the incorporated Form AM4.3 are ready to be accepted into the secondary system of state highways, and NOW, THEREFORE, BE IT RESOLVED, this Board hereby requests the V Transportation to take the necessary action to abandon those segentified on the attached Form AM4.3 and project sketch as a part of the secondary system of state hi-912, Code of Virginia, and BE IT FURTHER RESOLVED, this Board hereby requests the Virginia Transportation to take the necessary steps to discontinue maintenance on the segme AM4.3 and project sketch from the secondary system of state high-908, Code of Virginia, and BE IT FURTHER RESOLVED, this Board hereby requests the Virginia Department of Tran add the segments identified on the incorporated Form AM4.3 and p state highways, pursuant to, §33.2-705, Code of Virginia, and BE IT FINALLY RESOLVED, that a certified copy of this resolution be fo for the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS-None COUNTY OFFICIALS: COMMITTEEAPPOINTMENTS JOHN PETRIE NOMINATED TO THE LOCAL EMERGENCY PLANNING COMMITTEE -APPROVED In response to a request from theLocal Emergency Planning Committee (LEPC) and upon motion of Supervisor Slaughter,seconded by Supervisor McCarthy, John Petrie wasnominated to serve on the Local Emergency Planning Committeeas a representative of the Lord Fairfax Emergency Services Council.The motion carried on a voice vote. THOMAS DENNEY JR.APPOINTEDAS RED BUD DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL-APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Wells, Thomas Denney,Jr.,was appointed as Red Bud District Representativeon the Extension Leadership Councilto fill an unexpired four-year term ending September 9, 2019.The motion carried on a voice vote. ALAN MORRISON APPOINTEDAS MEMBER-AT-LARGE TO THE FREDERICK COUNTY PLANNING COMMISSION -APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, Alan Morrison was appointed as a Member-At-Large to fill an unexpired four-year term ending November 14, 2021. The motion carried on a voice vote. LEWIS COSTELLO APPOINTEDAS FREDERICK COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD -APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn,Lewis Costello was appointed to a four-yeartermending November 30, 2022, asFrederick County Representative on 4 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 the Handley Regional Library Board.The motion carried on a voice vote. GARY CRAWFORD RE-APPOINTED AS BACK CREEK DISTRICT REPRESENTATIVE ON THE HISTORICRESOURCES ADVISORY BOARD -APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells,Gary Crawford was reappointed to a four-year term ending December 10, 2022, as the BackCreek District Representative on the Historic Resources Advisory Board. The motion carried on a voice vote. GUSS L. MORRISON AND SANDRA W. DUNKLE RE-APPOINTED TO NORTHWESTERN COMMUNITY SERVICES BOARD -APPROVED Upon motionof Supervisor Wells, seconded by SupervisorMcCarthy, Guss L. Morrison and Sandra W. Dunkle were each reappointed for three-year terms ending December 31, 2021, on the Northwestern Community Services Board.The motion carried on a voice vote. GENE FISHER RE-APPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY -APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Wells,Gene Fisher was reappointed to a three-year term ending January 10, 2022, on the Frederick-Winchester Service Authority. The motion carried on a voice vote. + + + + + + + + + + + + + + REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS – APPROVED Mr. Tierney explained therequestsfor refunds saying they had been reviewed by the County Attorney. Supervisor Slaughter movedfor approval of and the corresponding supplemental appropriationsfor the refund requests as follows: American Telephone & Telegraph for $2,712.34;APC PCS, LLCfor $40,650.10;Undisclosed Taxpayer –Disabled Veteran’s Relief for$3,491.52;Undisclosed Taxpayer –Disabled Veteran’s Relief for $3,907.32; and Undisclosed Taxpayer –Disabled Veteran’s Relieffor $7,296.79.Supervisor Dunnseconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye COMMITTEE BUSINESS PUBLIC WORKS COMMITTEE FACT SHEET AND PROCEDUREFOR SANITARY DISTRICT PETITION-ADOPTED Supervisor McCarthy moved for approval and adoption of the Fact Sheet and Procedure for Sanitary District Petition as presented by the Public Works Committee. Supervisor Wells seconded themotion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 5 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 Fact Sheet Regarding the Creation of Sanitary Districts Virginia law permits residents of a neighborhood or other area to submit a petition to their local governing body for the creation of a sanitary district, provided that such petition contains at least fifty (50) signatures of qualified voters within the proposed district. If the proposed sanitary district would include fewer than 100 qualified voters, then fifty percent (50%) of qualified voters must sign the petition. Once a petition is submitted, the Board of Supervisors is required to schedule and then conduct a public hearing on the petition. After that public hearing, the Board must determine whether the creation of a new Sanitary District is: 1.Necessary 2.Practical 3.Fiscally responsible, and 4.Supported by at least 50% of persons who own real property within the proposed district. In order to answer these questions, the Board of Supervisors will need additional information beyond what is required for a petition. Examples of this information include: What specific services the Petitioners wish a sanitary district to provide What concerns, if any, the Petitioners have about the condition of roads and other common areas within the proposed sanitary district Whether aProperty Owners’ Association (POA) exists within the proposed sanitary district. If a POA exists: Is it financially able to address the concerns noted by the Petitioners? o If the POA cannot address the concerns, has it exercised all its remedies under the law to improve its o ability to address issues? The extent and condition of roads, open space, or any other common areas that may potentially be included in the Sanitary District, if one is created. Repairs, if any, that are necessary to maintain safe conditions on roads and in common spaces, and the estimated costs of those repairs. Additional work that may be necessary to bring the area within the proposed sanitary district up to a safe operating standard such as: The approximate cost of yearly operation of the proposed sanitary district, including staffing, o equipment, supplies, and any contracted work that would be necessary. The approximate cost of establishing, by survey, the boundary of the proposed sanitary district, if not o already established by previous survey or instrument. Polling information, of all record owners of real property within the proposed sanitary district, inquiring whether they support its creation. The Board expects that Petitioners will provide, following the submission of their Petition, the following information: The specific services they are seeking from a potential sanitary district; Specific concerns that they have regarding the condition of roads and other common areas within the proposed district; Polling information of all record owners of real property within the proposed district, regarding whether they support the creation of asanitary district; and Any information in their possession that is listed above or may be helpful to the Board in deciding whether to create a sanitary district. While the Board will not make the decision on the Petition until a public hearing is held, having the relevant information from Petitioners prior to the hearing will ensure that the Board has ample time to review it. Petitioners or other residentsmay submit information tothe Director of Public Works (Countystaff contact). Sanitary District Petition Procedure The following procedures shall apply to the consideration and processing of petitions for the creation of new sanitary districts submitted by residents of Frederick County: 1.Once a petition is received by the County, staff will verify that the Petition, at a minimum, requests the creation of a sanitary district, at least roughly identifies the area to be encompassed therein, and bears fifty (50) signatures. If the submission does not meet this standard, it will not be processed further until such information is provided. 2.If the above standard is met, staff will send the Petition signatures to the Voter Registrar to verify that they are, in fact, registered voters who live within the proposed district. a.If there are not fifty (50)signatures of registered voters who reside within the proposed district, the Petition will not be processed further, until such signatures are procured by the applicant. 3.Provided that the petition requirements are met, the Petition will be put on the agenda for a meeting of the Board of Supervisors. 4.At the appointed meeting, the date for a public hearing on the submitted Petition should be set. The meeting will be scheduled with the consideration of the publication requirements (three weeks of consecutive notice in the local paper, and at least ten (10) days to pass between the running of the third ad and the date of the hearing). a.At the hearing, the Board may wish to refer the Petition to a committee for further discussion or study (i.e. to the Public Works Committee). b.The Board may also direct staff to correspond with the Petitioners to inform them of information the Board will wish to have presented at the public hearing, to aid the Board in answering the questions required by the Virginia Code. Thosequestions are whether the creation of the proposed sanitary district is: i.Necessary ii.Practical iii.Fiscally responsible, and iv.Supported by at least 50% of persons who own real property within the proposed district. 6 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 5.If the matter is referred to a Committee, the Committee will begin the process of gathering information from the Petitioners and Staff to submit to the Board to aid it in its determination. a.Information that the Committee may wish to have includes, but is not limited to: i.From Petitioners: 1.What specific services the Petitioners wish a sanitary district to provide. 2.What concerns, if any, the Petitioners have about the condition of roads and other common areas within the proposed sanitary district. 3.Whether a Property Owners’ Association (POA) exists within the proposed sanitary district. If a POA exists: a.Whether it is financially able to address the concerns noted by the Petition. b.If the POA cannot address the concerns, whether it exercised all its remedies under the law to improve its ability to address identified issues. 4.Polling data of the record owners of real property within the proposed sanitary district, indicating whether such owners support the creation of the proposed sanitary district. Such data should indicate the percentage of property owners who answered in the affirmative, the percentage who answered in the negative, and the percentage who did not respond. ii.From Staff: 1.The condition of roads, utilities, open space, or any other common areas or services that may potentially be included in the Sanitary District, if one is created. Such information should include: a.Repairs, if any, that are necessary to maintain safe conditions on roads and in common spaces, and the estimated costs of those repairs. b.Additional work that would be necessary to bring the area within the proposed sanitary district up to a safe operating standard, and the estimated cost of that work. c.Identification of any parcels that would not benefit from inclusion in the sanitary district, or for which inclusion is not necessary or fiscally responsible. 2.The approximate cost of yearly operation of the proposed sanitary district, including staffing, equipment, supplies, and any contracted work that would be necessary. 3.The approximate tax or sanitary district fee that would be charged to residents to support the operations of the proposed district, if created. 4.The approximate cost of establishing, by survey, the boundary of the proposed sanitary district, if not already established by previous survey or instrument. 5.The present rate of property tax collection within the proposed sanitary district, as determined by the Treasurer’s Office. b.Once the Committee has studied the matter and considered any additional items that the Board has requested, the Committee will forward its findings to the Board. 6.At that public hearing, any person who owns property in the proposed sanitary district, or any person who resides in the proposed sanitary district may speak or present evidence in favor of the creation of the district, or in opposition to the creation of the district. 7.After the public hearing has been held, the Board must determine whether the creation of the proposed sanitary district is necessary, practical, fiscally responsible, and supported by at least fifty percent (50%) of the persons owning real estate within the proposed district. a.If the Board finds facts sufficient to determine that the creation of the proposed sanitary district is necessary, practical, fiscally responsible, and supported by fifty percent (50%) of the persons owning real estate therein, then the Board may pass an ordinance establishing the new sanitary district, and which prescribes its metes and bounds. The Board may exclude from the Sanitary District any parcel that would either not be benefitted by the new sanitary district, or for which it was not able to find facts sufficient for inclusion. b.If the Board does not find sufficient facts to support the creation of the sanitary district, it should take action to deny the petition. + + + + + + + + + + + + + + CONTINUED PUBLIC HEARING ON PETITION FOR MOUNTAIN FALLS PARK SANITARY DISTRICT DESIGNATION SET FOR FEBRUARY 13, 2019 –APPROVED Vice Chairman Lofton discussed whether the Mountain Falls residents petitioning for a sanitary district should continue their current path or start over following the newly adopted procedures. Mr. Tierney noted that the public hearing on the matter was continued and is currently still open. He inquired whether the Board wished to set a date for the continued public hearing. Supervisor McCarthy moved to set the continued public hearing for the first February meeting, February 13, 2019, with the intention to hear any additional information provided by the petitioners. 7 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 Vice Chairman Lofton seconded the motion. The Board discussed the matter and the motion to set the continued public hearing for February 13, 2019, carried unanimously on a voice vote. PUBLIC HEARINGS(Non-Planning Items) Twelve Month (2019) Outdoor Festival Permit Application -Belle Grove Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required;Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Belle Grove Plantation, 336 Belle Grove Road, Middletown, Virginia.Property Owned by the National Trust for Historic Preservation. Kristin Laise, Executive Director of Belle Grove, thanked the Board for its past support in approving the outdoor festival permit. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Vice Chairman Lofton, seconded by Supervisor Trout, the 2019 Twelve Month Outdoor Festival Permit for Belle Grove was approved unanimously on a voice vote. PLANNING COMMISSION BUSINESS Public Hearing-None Other Planning Business REQUEST FOR PUMP & HAUL PERMIT, 721 SMITHFIELD AVENUE, WINCHESTER (PIN#: 54B-1-107) -APPROVED Staff has received a request seeking approval of a Pump & Haul Permit for an existing residence at 721 Smithfield Avenue, Winchester. Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permitif specific criteria are satisfied. Candice Perkins, Assistant Planning Director, provided background and site information for the request. She said the Health Department has stated that the current system is failing and cannot be repaired. She said the request appears to comply with the code requirements. The Board and staff discussed whether the property owner had previously made a similar request, the current monthly costs of pumping, and the fact that the system would be monitored with an alarm. The property owner, Mary Legge, thanked the Board for reviewing the matter and asked for approval of the permit. Supervisor Slaughter noted her usual dislike of the pump and haul option but said the request meets the criteria. She moved forapproval of the pump and haul permitfor 721 Smithfield Avenue. Vice ChairmanLofton seconded the motion which carried on a roll call vote as follows: Blaine P. DunnNoShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 8 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 BOARD LIAISON REPORTS-None CITIZEN COMMENTS – Beth Shalap, Back Creek District, requested clarification on why the Board adopted the Procedure for Sanitary District Petition earlier in the meeting if the public hearing on the request for sanitary district designation for Mountain Falls Park was still open. Chairman DeHaven explained that the procedure is acounty policy not subject to a public hearing. Ms. Shalap noted the tasks given to the Public Works Committee regardingresidents’ request for MountainFalls Parkto become a sanitary district. She asked that the Board direct the Committee to release the draft cost figures to both the Board and the residents. She saidshe disagreedwith the Board’s interpretation of the law regarding the sanitarydistrict designation process, specifically regarding identifying support of 50%of the property owners. Ms. Shalap said that she is aware the Public Works Committee will recommend against MountainFalls Park becoming a sanitary district because 50%support has not been found, and that the Procedures are incomplete because there is no appeal process. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton discussed the identified need for workforce housing saying it provides an affordable housing option for qualifying families that average 60% of the local median household income. He said he has been in discussions with a group proposing to develop,own,and operate a workforce housing community in the vicinity of Route 37, Middle Road, and Apple Valley Road. He said the proposal will require an amendment to the Comprehensive Policy Plan Kernstown Area Plan and expansion of the Urban Development AreaBoundary. He moved that the Board approve beginning the process of working toward amendment of the Comprehensive Policy PlanKernstown Area Plan. Supervisor Wells seconded the motion. SupervisorSlaughtersaid she had not seen the email sent earlier in the day on the topic and requested more time to review the issue. She questioned whether a plan amendment was necessary with other areas already designated as residential. Chairman DeHaven said it is the right of any Supervisor to request a Comprehensive Plan amendment and deferred to Vice Chairman Lofton regarding a delay of the request. Vice Chairman Lofton said he would rather not delay and noted that the request will notpermanently set anything in place butwill start the study process allowing staff to provide pertinent dataon the project. The motion to initiate amendment of the Comprehensive Policy Plan Kernstown Area Plan carried on voice vote. Supervisor McCarthy said that the Public Works Committee went out of their way to allow Mountain Falls residents the benefit of the doubt in light of the new law on sanitary district designation. He added that the draft cost analysis prepared by the Committee is already part of the public record since it is included in the current meeting agenda packet which has been made available to the public. 9 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 Supervisor McCarthy thankedthe Reynolds Store Fire & Rescue Company for their help and service when his family needed assistance during the last week. Supervisor Dunn said Delegate Chris Collins is drafting a bill which will call for a referendum to allow a county to equalize a county meals tax with the meals tax of an adjacent city, and if passed by the General Assembly and signed by the Governor, any county could place this issue as a referendum on the ballot in November 2019 with implementation in January 2020. He said Frederick County needs to raise money to meet the demands of a growing population. He added that meals taxes are discretionary while real estate taxes are mandatory and said a meals tax equalization would increase county revenue.He said he would like to introduce a resolution in support of the bill that will help Delegate Collins as he works with colleaguesto pass this bill. Chairmen DeHaven said such a resolution can be prepared by staff for the next meeting. Supervisor Dunn thanked the Frederick County Sheriff’s Department for their assistance at the recent Follow the Star event. Supervisor Slaughter said she attend the recent Independent Study for Middle Schools event held recently. She noted the outstanding work of the students and praised the amazing student led projects. She thanked the teachers for all their efforts assisting the students. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout,the meeting was adjourned at 7:45p.m. 10 Frederick County Board of Supervisors Regular Meeting Minutes *December 12,2018 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, December 19, 2018 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conferenc Wednesday, December 19, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non-voting liaisons: William Orndoff, Treasurer; and Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: none Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Lenny Millholland, Sheriff; Donald Lang, Sheriff Captain; Joe Wilder, Public Works Director; Jennifer Place, Budget Analyst; Jason Robertson, Parks & Recreation Director; Jon Turkel, Assistant Parks & Recreation Director; LeeAnna Pyles, Pu Director; and Scott Varner, IT Director. Others present: Patty Camery, FCPS Executive Director of Finance; and Kevin Kenney, FCPS Clerk of the Works. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: () Items 2, 3, 4, 6, 10 and 15 were approved under consent agenda. 1.The FCPS Executive Director of Finance requests a General Fund and School Capital Projects Fund supplemental appropriation in the amount of $1,264,000 to implement Phase II Safety and Security Construction Upgrades. Local funds are required. d by the School Board. See attached memo, p. 4 7. The committee recommends approval. 2.() The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $2,000. This amount represents a grant award from the Virginia DEQ in su the Countys Secure Your Load campaign. No local funds required 8. 3.() The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $3,404.95. This amount represents an insurance claim for stolen equipment. local funds required. See attached memo, p. 9. 4.() The Public Works Director request a General Fund supplemental appropriation in the amount of $10,000. This amount represents donated funds received for spaying and ne shelter pets. No local funds required. Request has been approved by the Public Works Committee. See attached memo, p. 10 11. 5.The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of $300,000. This amount represents funds for emergency repairs to roads and drainage structures due to excessive rainfall. Request has been Committee. See attached memo, p. 12. The committee recommends approval. 6.() The IT Director requests a General Fund supplemental appropriation in the amount of $45,535. This amount represents PEG funds to be used for electronic agend 1 creation/management and live streaming of County meetings. No l Request has been approved by the IT Committee. See attached mem 13. 7.The IT Director requests a General Fund supplemental appropriation in the amount of $11,251. This amount represents fund needed to hire an additional GIS Tec required. Request has been approved by the IT Committee. See attached memo, p. 14 15. The committee recommends a transfer from contingency funds. 8.The Parks & Recreation Director requests the creation of the Scho Equipment Fund to set aside funds for grounds maintenance equipm Parks and Recreation Commission has approved the request. See td policy, p. 16 18. The committee recommends approval. 9.The Sheriff requests a General Fund supplemental appropriation in the amount of $954. This amount represents proceeds from the sale of old gym equipment to replacement. No local funds required. See attached memo, p. 19. The committee recommends approval. 10.() The Sheriff requests a General Fund supplemental appropriation in the amount of $203.33. This amount represents K9 donations. No local funds required. p.20 23. 11.The Sheriff requests a General Fund supplemental appropriation in the amount of $3,637. This amount represents proceeds from the sale of salvage and surd revenue. No local funds required. See attached memo, p. 24. The committee recommends approval. 12.The Sheriff request a General Fund supplemental appropriation in the amount of $4,500. This amount represents reimbursements received from the Secret Servicf evidence collection and storage equipment. No local funds requir p.25 27. The committee recommends approval. 13.The Sheriff requests a General Fund supplemental appropriation in the amount of $28,850. This amount represents recovered costs for traffic control to be funds required. See attached memo, p. 28 29. The committee recommends approval. 14.The Sheriff requests a General Fund supplemental appropriation not to exceed $42,000. This amount represents funds for radio equipment. Local funds are ren approved by the Public Safety Committee. See attached informatio 31. The committee recommends a transfer from contingency funds. 15.() The Finance Director requests a General Fund supplemental appropriation in the amount of $41,450.34. This amount represents unspent FY 18 VJJJCA funds to be returned No local funds required. See attached information, p. 32 35. ITEMS FOR INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for November 2018. See attached, p.36. 2 2.The Finance Director provides financial statements ending November 30, 2018. See attached, p.37 47. 3.The Finance Director provides an FY 2019 Fund Balance Report endiDecember 13, 2018. See attached, p. 48. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By ___________________________ Cheryl B. Shiffler, Finance Director 3 4 5 6 7 MEMORANDUM TO: Sharon Kibler, Finance Department FROM: Gloria Puffinburger, Solid Waste Manager THROUGH: Joe C. Wilder, Director of Public Works SUBJECT: Appropriation of Grant Proceeds DATE: December 11, 2018 The purpose of this memorandum is to request appropriation of proceeds from a grant in the amount of $2,000 to the Litter Control (4205) budget. Funds were awarded by the Virginia Department of Environmental Quality in support of the county’s Secure Your Load campaign. No local matching funds are required for this grant which will be used to purchase promotional items. Materials will primarily be distributed by Sheriff’s deputies when they interact with motorists regarding loose loads of debris. Staff intends for the Secure Your Load campaign to be an on-going outreach project which will not require additional funds after the initial startup year which concludes in June 2019. The electronic transfer of funds went to Treasurer’s Office cash register 1077, GL#3-010- 024040-007. (cash sheet 11/8/18) If approved, please set up an expenditure line item in 4205. If you have any questions, please do not hesitate to contact me at Extension 8219. /gmp cc:file 8 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 9 MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder,Director of Public Works SUBJECT: Supplemental Appropriation Requests – Animal Shelter and Shawneeland Sanitary District DATE: December 7, 2018 ______________________________________________________________________________ The Animal Shelteris requesting asupplemental appropriationin theamount of $10,000.00.The funds are for the spay/neuter program and is from the10-240-2501 donation fund. The request was unanimously approved at the October 30, 2018 Public Works Committee Meetingwith the recommendationto forward on tothe Finance Committee for further consideration. (Attachment 1) The ShawneelandSanitary Districtis requesting asupplemental appropriation in the amount of $300,000.00 toreplenish line items in the budget that have beenused for emergency repairsthis year. Funds fortherequest are in the Shawneeland reserve fund.The requestwas unanimously approved at the November27, 2018 Public Works Committee Meetingwith therecommendationto forward on tothe Finance Committee for further consideration. (Attachment 2) Werequestthisitemto be placed on the December 1, 2018 Finance Committee Meetingfor discussion and consideration. If you have any questions, please feel free to contact me. JCW/kco Attachments:as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Sharon Kibler, Assistant Finance Director file 10 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 _________________ __________FREDERICK COUNTY - ANIMAL SHELTER Kathy M. Whetzel Shelter Manager 540/667-9192 ext. 2502 FAX 540/722-6108 E-mail: kwhetzel@fcva.us MEMORANDUM TO:Joe Wilder, Director of Public Works FROM: Kathy M. Whetzel, Shelter Manager SUBJECT:FY 19 Donation Fund Appropriation DATE: 10/12/18 ________________________________________________________________________ The Shelter is requesting an appropriation from 1034 donation fund, intoline item 10-4305-3001-00 Professional Health Services, in the amount of $10,000.00 for the FY 19 Budget. The funding is part of the Dorothy Flemming trust given for the purpose of spaying and neutering shelter pets. Please con tact me if you have any questions. KMW:hag 11 MEMORANDUM TO: Public Works Committee FROM: Kevin C. Alderman, Shawneeland Sanitary District Manager THROUGH: Joe C. Wilder, Director of Public Works SUBJECT: Supplemental Appropriation Request DATE: November 20, 2018 Shawneeland Sanitary District would like to request a supplemental appropriation in the amount of $300,000. Funds are available in the Shawneeland Reserve Fund – 16-2402530. Over the past 6 months, Frederick County has received record rainfall. Shawneeland has experienced a lot of road damage that necessitated emergency repairs using outside contractors and in-house forces. Repairs have been made to multiple roads and drainage structures throughout Shawneeland. We also have had to repair a slope failure on the west abutment of Cherokee Dam. In order to perform this emergency work, funding from several line items within the current budget where transferred and spent on the emergency repairs and construction services. We are requesting that funds be placed in the following line items and amounts as indicated: -16-8108-3004-000 Repair and Maintenance – Roads$148,000 -16-8108-3010-000 Other Contractual Services$ 52,000 -16-8108-5413-000 Road and Street Materials$100,000 The supplemental funds will allow staff to perform normal maintenance and repairs within Shawneeland for the rest of this fiscal year. We are requesting that the committee endorse our supplemental appropriation request of $300,000 and for the request to be forwarded to the Finance Committee for further consideration. JCW/kco 12 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 32 BUDGET TRANSFERS NOVEMBER 2018 Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 11/8/2018COUNTY OFFICE BUILDINGS/COURTHOUSEELECTRICAL BILL FREDERICK COUNTY MIDDLE SCHOOL43045403000021 (200.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43045101000010 200.00 11/8/2018FIRE AND RESCUEPUBLIC SAFETY SOFTWARE35053010000000 (4,860.00) INFORMATION TECHNOLOGY 12203002000000 4,860.00 11/20/2018SHERIFF11/18 PROMOTIONS31021007000001 (3,329.85) SHERIFF 31021002000008 3,329.85 SHERIFF31021007000001 (3,327.11) SHERIFF 31021002000005 3,327.11 SHERIFF31021007000001 (4,216.93) SHERIFF31021002000088 4,216.93 SHERIFF 31021007000001 (3,329.85) SHERIFF31021002000079 3,329.85 SHERIFF31021007000001 (2,666.58) SHERIFF 31021001000072 2,666.58 SHERIFF31021007000001 (2,865.83) SHERIFF31021001000015 2,865.83 SHERIFF 31021007000001 (2,674.36) SHERIFF31021001000065 2,674.36 SHERIFF 31021007000001 (2,684.98) SHERIFF31021001000071 2,684.98 SHERIFF 31021001000005 (2,017.46) 31021002000054 ( 2,017.45) SHERIFF SHERIFF31021002000069 4,034.91 SHERIFF 31021002000053 (4,882.83) SHERIFF31021001000050 4,882.83 SHERIFF31021001000053 (3,502.36) SHERIFF31021002000045 3,502.36 FIRE AND RESCUE35051007000001 (2,631.06) FIRE AND RESCUE35051001000016 2,631.06 11/27/2018COUNTY OFFICE BUILDINGS/COURTHOUSEINCREASE IN MICROMAIN YEARLY CONTRACT43043004000001 (320.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43043002000000 320.00 11/27/2018RECREATION CENTERS AND PLAYGROUNDSTO COVER DUES AND MEMBERSHIPS71045801000000 (335.00) PARKS AND RECREATION ADMINISTRATION71015801000000 335.00 11/27/2018RECREATION CENTERS AND PLAYGROUNDSFREDERICK HEIGHTS PARK BASKETBALL PAVING71045412000000 (7,842.00) CLEARBROOK PARK71098900000000 7,842.00 12/3/2018COUNTY OFFICE BUILDINGS/COURTHOUSEWATER BILL AT FREDERICK COUNTY MIDDLE SCHOOL43043010000007 (800.00) COUNTY OFFICE BUILDINGS/COURTHOUSE43045103000010 800.00 12/4/2018MANAGEMENT INFORMATION SYSTEMSMAINTENANCE FOR SOFTWARE FROM HELPSYSTEMS12225413000000 (820.00) MANAGEMENT INFORMATION SYSTEMS12223005000000 820.00 12/6/2018GENERAL DISTRICT COURTBUDGET SHORTFALL CODED INCORRECTLY21025411000000 (37.92) GENERAL DISTRICT COURT21025204000000 37.92 12/6/2018REFUSE COLLECTIONPAY DUES TO VA RECYCLING ASSOCIATION42038006000000 (200.00) REFUSE COLLECTION42035801000000 200.00 36 37 38 39 40 41 42 43 44 45 46 47 48 REPORT to the BOARD OF SUPERVISORS Wednesday January 9, 2019 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: December 12, 2018 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on December 11, 2018. Members present were: Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Guss Morrison, and Ronald Madagan. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends repurposing the Tot Pool areas with shstructures for visitor use. 2.The Commission recommends accepting a donation worth $40,000 in materials from the Blue Ridge Volleyball Association to install three sand volleyball courts at Clearbrook Park. 3.The Commission recommends eliminating the Bulk Rental Discount for Youth Activities Policy (500.04) as policy handed with fees and charges. Updated the attached Fa Rental Policy (500.19). 4.The Commission recommends accepting the attached Fees and Charges. 5.The Commission recommended the FY 2020 budget as presented. The presented FY 2020 budget was submitted to the Finance Department and County A Cc: Randy Carter, Chairman Robert Wells, Board of Supervisors Non-Voting Liaison FACILITY RENTAL 500.19 PURPOSE: To establish a procedure for patrons renting or leasing indoor or outdoor FCPRD facilities. GOAL: To standardize the process for facility rentals to improve customer service and to provide a pleasurable experience for all park visitors. POLICY: FCPRD has the following facilities available for rental: athletic fields, shelters, pools, gymnasiums, multi-purpose rooms, and open outdoor areas. Any rental that meets at least one of the following criteria will be defined as a festival/special event; (1) monies will be collected (on or off Frederick County Property) to attend the activity, either as an admission fee or as a donation for fundraising purposes or, (2) the activity is open to the general public. For rentals that are defined as a festival/event; the following criteria must be met before approval will be granted; (1) the person reserving the facilities must be at least 21 years of age, (2) the activity must be covered by a general liability insurancepolicy naming Frederick County, VA and or Frederick County Public Schools, Frederick County, VA as additionally insured in the appropriate amount; adequate coverage amounts will be provided upon request, and (3) individual or organization must have a Frederick County business or vendor license, and (4) security personnel may be required by the Director or designee depending upon the nature of the activity. Any rental for the purpose of an athletic tournament must adhere to the applicable procedures outlined in the tournament packet. For groups requesting space to hold walk-a-thons; the following guidelines have been established: All requests for Sherando Park will be assigned the track at Sherando High School and the walking/5K trail located in the adjacent woods. A fee may be charged based on services and materials required of Frederick County Parks and Recreation Department. The Parks and Recreation Vendor Policy (#500.16) will be applicable. Requests for recurring rental space may have the option to enter into a long-term rental agreement. Fees will be based on services and materials required of Frederick County Parks and Recreation Department and agreements will be subject to space availability. All rentals must adhere to the applicable procedures outlined in the Long-Term Rental Application. For shelters or pools, all facility reservations must be made one (1) business day in advance. Payment is due upon reservation. For community center reservations; requests must be made seven(7) business day in advance and is based upon staff availability.For use of outdoor athletic fields; adhere to the procedures outlined in the Athletic Field Use Policy (#500.01). For other outdoor areas not located within Sherando or Clearbrook Park (i.e., Rose Hill Park, Frederick Heights, etc.) permission must be granted by the Superintendent of Parks or designee and is subject to approval based on the nature of the activity. A fee may be charged based on services and materials required of Frederick County Parks and Recreation Department. The Parks and Recreation Vendor Policy (#500.16) will be applicable. Approved: December 2018 Frederick County Parks Recreation Fees and Charges FY 2019-2020 FY 20 Fees Resident Non resident FCPRD Baseball and Softball Fields per hr/ 2 hr min Practice$ 11$ 16 1x Fee Drag/Line$ 30$ 35 9 a.m.-11 p.m. Tournament (9am-11pm)$ 125$ 155 per hr Lights$ 15$ 15 FCPS Baseball and Softball Fields (Practice Fields) per hr/2 hr min Practice (M-F 6-10 pm,Sat/Sun 9 am-10 pm)$ 11$ 16 per hr/2 hr min Game (M-F 6-10 PM,Sat/Sun 9 am-10 pm)$ 30$ 35 FCPS Baseball and Softball Fields (Game Fields) per hr/2 hr min Practice (M-F 6-10 pm,Sat/Sun 9 am-10 pm)$ 30$ 35 per hr/4 hr min Game (M-F 6-10 PM,Sat/Sun 9 am-10 pm)$ 44.00 $ 49.00 per reservation Tournament (9am-10 pm)$ 350$ 380 per hr Lights$ 15$ 15 Soccer Fields per hr Sherando 1-4$ 27$ 43 per hr Sherando 6-7$ 17$ 27 Open Space per day per acre$ 65$ 96 per day Disc Golf Course $ 105$ 160 per person Paddleboat - 30 minute ride NCNC per hr Racquetball Courts NC$ 7 Weight Room NC$ 2 Courts and non-resident passes will need to be purchased online. No cash will be on-site. per hr/ 2 hr min Gymnasium$ 28$ 44 Greenwood/Gainesboro/Evendale per hr/2hr min Activity Room$ 17$ 33 Gainesboro/Evendale per hr/2 hr min Wooden Floor Room$ 14$ 30 Sherando per hr/2 hr min Activity Room w/ kitchen$ 23$ 39 Frederick County Parks Recreation Fees and Charges FY 2019-2020 Swimming Pool Under 3FreeFree entry 3 and older$ 2$ 2 entry Last Hr$ 1$ 1 Pool Rental- 2 hour$ 210$ 265 Pool Rental- 4 hour$ 410$ 520 Lap Swim will be free for County residents. Non -residents will be charged $2/visit. Shelters 30 Capacity per day Lock Gazebo (SH)$ 45$ 60 per day Lawrence Shelter (CB)$ 45$ 60 per day Tom Baldridge/Jaycee Shelter (RH)$ 45$ 60 75 Capacity per day FFA (SH)$ 56$ 72 per day Abex (SH)$ 56$ 72 per day Key Club (CB)$ 56$ 72 per day JW Colonel (CB)$ 56$ 72 per day Rubbermaid (CB)$ 56$ 72 per day Antique Car (CB)$ 56$ 72 per day Brill (CB)$ 56$ 72 150 Capacity per day Ruritan (SH)$ 68$ 84 per day Sandy (SH)$ 68$ 84 per day Kiwanis II (CB)$ 68$ 84 per day Lions Club (CB)$ 68$ 84 200 Capacity per day Lions Club (SH)$ 80$ 96 per day Kiwanis I (CB)$ 80$ 96 Shelter fees have been inreased by 3% Discounts 20 % off for 50 or more hours rented of baseball/softball/soccer Rentable High School Fields * subject to High School Athletic Coordinators approval * Certificate of Insurance required * Follows daylight saving time schedule Increased dragging/lining fee but charge is a separate fee to accommodate full day field rentals Frederick County Parks Recreation Fees and Charges FY 2019-2020 Decreased tournament rental fee to increase number of potential rentals *****fee reduction loss offset by increased special aquatic event ticket sales No charge to weight room for County residents-raised all room rental fees by $1 to offset loss in revenue A $1 increase in activity rooms only will result in a loss of revenue = $4200. Raising the gym fee by $1 will offset this loss Fees effective January 1, 2019 COUNTY of FREDERICK Jay E. Tibbs DeputyCounty Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@co.frederick.va.us MEMORANDUM MEMORANDUM TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Resolution of Support for Delegate Collinss Proposed Meals Tax Legislati DATE: December 21, 2018 Attached please find a resolution supporting Delegate Collinss proposed legislation to amend and reenact §58.1-3833 of the Code of Virginia, relating to county food and beverage tax; maximum rate, which would allow any tax levied pursuant to this section to be imposed at a rate not to exceed the rate imposed by an adjoining city in Virginia, if such rate is greater than four percent at the time the county imposes its rate. As you might recall, the Frederick County Board of Supervisors has identified local t of its top legislative priorities for the 2019 General Assembly . Staff is seeking Board approval of this proposed resolution of support. Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 Resolution Supporting Delegate Collinss Proposed Legislation To Amend and Reenact § 58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate WHEREAS, the Frederick County Board of Supervisors has identified local taxing authority as one of its top legislative priorities for the 2019 General As WHEREAS, the Frederick County Board of Supervisors desires legislation to specific taxing authority to increase taxes on meals and transie without legislative imposition of mandatory specific uses of the realized gain in re WHEREAS, Delegate Collins is proposing an amendment to §58.1-3833 of the Code of Virginia, Relating to County Food and Beverage Tax; Maximum Rate which would allow Any tax levied pursuant to this section to be imposed at a rate not to exceed the rate imposed by an adjoining city in Virginia, if such rate is greater than four percent at the time the county imposes its rate. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, hereby expresses its strong support for Delegate Collins proposed legislation and requests that Senator Jill Holtzman Vogel and Delegates David A. LaRock and Wendy Gooditisjoin in supporting and vote to approve this legislation. ADOPTED this __ day of January, 2019. VOTE: Charles S. DeHaven, Jr. _____ Gary A. Lofton_____ Blaine P. Dunn _____J. Douglas McCarthy _____ Judith McCann-Slaughter _____Robert W. Wells_____ Shannon G. Trout _____ A COPY TESTE: __________________________ Kris C. Tierney Clerk, Board of Supervisors Resolution No.: COUNTY of FREDERICK Department of Planning andDevelopment 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick CountyBoard of Supervisors FROM: Michael T. Ruddy, AICP, Director of Planning and Development RE: Board of Supervisors resolution of supportfor the Coalition of High Growth Communities legislative position DATE: January 3,2019 Attached for consideration by the Board of Supervisorsis a resolution of support for the Coalition of High Growth Communities’positionon the proffer legislation currently being discussed for the upcoming General Assembly session. Frederick County is amember of theCoalition of High Growth Communities.The Coalition has drafted a letterto the Membersof the General Assemblyrepresenting communitiesand citizens across the Commonwealth.Among other points, the letter expressesthat local governments are:committed tofinding an equitable and efficient systemto better manage the impacts associated with rapid residential growth;committed to addressingthe counterproductive effects of SB 549;concerned about current draft legislation being advancedbythe Home Builders Association of Virginia;and have a strong desire to discuss this issue furtherwith the General Assembly Members. At this point, the Coalitionis actively engaged inconstructivedialogue with representatives from the General Assembly and members of the HBAV.This is encouraging,and Frederick County continues to support this effort. The position forwarded by the Coalition isrepresentative of communities across the CommonwealthlikeFrederick Countyandis in line with the concerns of the County. Frederick County has maintained a positive relationship and long history of working together with the Top of VirginiaBuilding Association and the local development community for the betterment of Frederick County and its citizens. Tothat end, working collaboratively with the Home Builders Association of Virginiain this effortis important to Frederick County. Please let me know if there is other information you would like to have provided. Attachments: 1.Resolution 2.Letter from Coalition of High Growth Communities to State Delegates 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 BOARD OF SUPERVISORS RESOLUTION Resolution Supporting the Coalition of High Growth Communities Communication with General Assembly Regarding Proffer Legislation WHEREAS, Frederick County has a positive relationship and long history the Top of Virginia Building Association and local development community for the bet Frederick County and its citizens; and WHEREAS, Frederick County is a member of the Coalition of High Growth C WHEREAS, the Coalition of High Growth Communities is committed to finding efficient system to better manage the impacts associated with rapid residential growth and to addressing the counterproductive effects of SB 549; and WHEREAS, Frederick County is also interested inthe changes being advanced to the proffer legislation and is committed to finding an equitable and efficient system to better impacts associated with rapid residential growth, to addressing the counterproductive effects of SB 549, and to working collaboratively with the Top of Virginia Building Association; and WHEREAS, Frederick County supports the ongoing and constructive dialogu Coalition of High Growth Communities and Home Builders Association of Virginia and their efforts to achieve a positive legislative solution for the benef NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, express its support for the Coalition of High Growth Communities letter to the Membersof the General Assembly. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, requests that the Members of theGeneral Assembly support the efforts of the Coalition of High Growth Communities and Frederick Countyas part of its 2019 legislative efforts. th ADOPTED this 9 day of January 2019. VOTE: Charles S. DeHaven, Jr. _____Judith McCann-Slaughter _____ Gary A. Lofton _____ Shannon G. Trout _____ Blaine P. Dunn _____ Robert W. Wells _____ J. Douglas McCarthy _____ ____________________________________ Kris C. Tierney, Clerk Frederick County Board of Supervisors COUNTY of FREDERICK Department of Planning andDevelopment 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick CountyBoard of Supervisors FROM: Michael T. Ruddy, AICP, Director of Planning and Development RE: Request forsupportfor St. Paul’s on the Hill /WesleyHousing Development Corporation. DATE: January 3,2019 Frederick County has receiveda request from Wesley Housing DevelopmentCorporation in connection with its development of themixed-use project at St. Paul’s on the Hill Episcopal Church, located at 1527 Senseny Road. More specifically, the request is for the Frederick County Board of Supervisors to pass a resolutiondesignating the St. Paul’s on the Hill property, PIN 54-A-128, as a local housing revitalization zone.Alocal housing revitalization zoneiscreated by resolution of the local governing bodypursuant to the Code of Virginia and the Virginia Housing Development AuthorityVHDAcriteria. Wesley Housing is seeking Low Income Tax Credits administered through the Virginia Housing Development Authorityto assist with the development of this project.This designation of a local housing revitalization zonewould be beneficial to the applicantas it would potentially enable the allocation of additional points to theirVHDAapplication due to it being insuch a local housing revitalization zone. Should the Board of Supervisors desire to support this request, a draft resolution has been preparedbyMr. Foote on behalf of Wesley Housing. Attachments: 1.Letterfrom John H. Foote, Walsh Colucci Lubeley & Walsh PC 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 SITE PLAN (SUBDIVISION) #22-18 SPRING RUN 15 Lot Townhouse Subdivision Staff Report for the Planning Commission Prepared: January 2, 2019 Staff Contact: M. Tyler Klein, AICP, Senior 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/05/18 Reviewed Board of Supervisors: 01/09/19 Pending LOCATION: The property is located on 2659 Senseny Road, Winchester. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-46 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Mobile Home ADJOINING PROPERTY ZONING & USE : North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential/Senseny Road East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential EXECUTIVE SUMMARY: This application is for a subdivision design plan for fifteen (15) single-family attached (townhouses) units with a minimum lot size of 1,936+/- square feet planned to be constructed on 1.88+/- acres of land zoned RA (Rural Areas) District with RP (Residential Performance) District standards via Transfer of Development Rights (TDR) credits. The proposed subdivision will be accessed from Senseny Road (Route 657) via a private internal road (Coralyrose Court). This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The property was part of Rezoning Applications (REZ) #08-03 which rezoned the parcel from the Rural Areas (RA) District to Residential Performance (RP) District with proffers, and REZ #07-16 which downzoned the property from RP to RA and removed the previously approved proffer statement. Site Plan (Subdivision) #22-18, Spring Run 15 Lot Townhouse Subdivision January 2, 2019 Page 2 Although the property is presently zoned RA (Rural Areas) District, the Applicant will utilize the Countys Transfer of Development Rights (TDR) program to develop additional lots with RP (Residential Performance) District standards. The Applicant has purchased 10 TDR credits from Receiving Area #3 which has a value of 1.5 residential units per credit for a total of 15 units (10 credits x 1.5 SFA units = 15 units allowed). The Applicant also previously received a waiver of the Master Development Plan (MDP) requirement on June 13, 2018 and has chosen to process a subdivision design plan (site plan) in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and to the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and to the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. SUBDIVISION SPECIFICS: Subdivision of 1.88+/- acres into fifteen (15) single-family (townhouses) lots with a minimum lot size of 1,936 +/- square feet each. REVIEW AGENCY COMMENTS: Virginia Department of Transportation: See comment letter dated May 7, 2018. Frederick County Fire Marshall: Approved. See comment letter dated February 16, 2018. Frederick County Inspections: See comment letter dated May 14, 2018. Frederick County Public Works: Upon review of the revised site plan dated September 17, 2018, we recommend approval of the subject plan. See comment letter dated November 14, 2018. Parks and Recreation: Plans updated to meet 0.5 recreation unit obligation. Appears to meet Parks and Recreation Requirements. See comment letter dated April 10, 2018. GIS: Road Name of Coralyrose Court is approved for Spring Run Townhomes Subdivision. See comment letter dated May 21, 2018. Site Plan (Subdivision) #22-18, Spring Run 15 Lot Townhouse Subdivision January 2, 2019 Page 3 Frederick Water: See comment letter dated November 26, 2018. Frederick County Public Schools: See comment letter dated April 11, 2018. Planning & Development : This application is for a subdivision design plan for fifteen (15) single-family attached (townhouses) units with a minimum lot size of 1,936+/- square feet planned to be constructed on 1.88+/- acres of land zoned RA (Rural Areas) District with RP (Residential Performance) District standards via Transfer of Development Rights (TDRs). The Applicant has purchased 10 TDR credits from Receiving Area #3 (Middle Fork Road area Winchester Management LLC Properties) which has a value of 1.5 residential units (single- family attached or SFA) per credit for a total of 15 units (10 credits x 1.5 credits per SFA units = 15 units allowed). The proposed subdivision will be accessed from Senseny Road (Route 657) via a private internal road Coralyrose Court. This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan (and the Senseny/Eastern Frederick Urban Area Plan) also shows this property with a residential land use designation. The property was part of Rezoning Applications (REZ) #08-03 which rezoned the property from the Rural Areas (RA) District to Residential Performance (RP) District with proffers and subsequent REZ #07-16 which downzoned the property from RP back to RA and removed the previously approved proffer statement. The site plan depicts the previously dedicated 0.1145-acres of right-of-way (associated with approval of REZ #07-16; recorded September 13, 2016) for the future condition of Senseny Road as a four-lane divided major collector roadway (as specified in the 2035 Comprehensive Plan), a 10-foot wide hiker/biker trail for inter-parcel pedestrian connectivity, internal sidewalks and the required recreational amenities (to-be-determined at the time of construction) in the form of a outdoor pavilion, playground, tot lot, or equivalent. Further, the Applicant is providing the required residential separation buffers (Category A Type buffer with landscape screening and/or a 6-foot tall opaque fence) and screening from adjacent properties and roadways. The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved Master Development Plan (MDP) be presented to the Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section 165-801.03A(5) of the Frederick County Zoning Ordinance if the Applicant chooses to process a design plan in lieu of MDP: A MDP may also be waived if the Applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on an MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per §165-801.06. The Applicant previously received a waiver of the Master Development Plan (MDP) requirement on June 13, 2018 and has chosen to process a subdivision design plan (site plan) in lieu of the Site Plan (Subdivision) #22-18, Spring Run 15 Lot Townhouse Subdivision January 2, 2019 Page 4 MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and to the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and to the Board of Supervisors, Staff will proceed with approval of the plan. STAFF CONCLUSIONS FOR THE 12/05/18 PLANNING COMMISSION MEETING: This proposed subdivision, Spring Run, generally meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. PLANNING COMMISSION SUMMARY FOR 12/05/18 MEETING: Staff provided a general overview of the proposed subdivision (Site Plan in lieu of a Master Development Plan (MDP)), noting it was for information purposes only. Staff noted although the property was zoned RA (Rural Areas) District the Applicant intended to develop the site using the Countys Transfer of Development Rights (TDR) program, purchasing 10 credits which would allow for the development of 15 units on the property with RP (Residential Performance) District standards. Staff explained further that the site plan was in general conformance with the requirements of the Frederick County Zoning and Subdivision Ordinances. Staff highlighted improvements including buffering and screening, a multi-use trail, and recreational facilities including an outdoor pavilion and/or playground/to lot for residences. There was no discussion by the Planning Commission. STAFF CONCLUSIONS FOR THE 01/09/19 BOARD OF SUPERVISORS MEETING: This proposed subdivision, Spring Run, generally meets the requirements of the Frederick County Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. Any of the issues brought forth by the Board of Supervisor should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and to the Board of Supervisors, Staff will proceed with approval of the plan. This application is presented for information; no action is necessary. 132214SENSENYSENSENY CANYON RD 212 210 SP # 22 - 18: Spring Run GLEN DR 204GLEN DR SENSENY SENSENY SENSENY 105 208 115 SENSENY GLEN DR GLEN DR 202GLEN DR COMBE DR SENSENY SENSENY GLEN DR 105 SENSENY PIN: 65 - A - 46 GLEN DR GLEN DR RANGE CT GLEN DR 209 103 15 Lot Townhouse Subdivision 113 CANYON RD 103 RANGE CT SENSENY 104 203 COMBE DR Zoning Map GLEN DR RANGE CT CANYON RD 205 CANYON RD 200 207 CANYON RD 211 CANYON RD CANYON RD 102 101 RANGE CT RANGE CT 110 SENSENY GLEN DR 202 CANYON RD 108 204 217 SENSENY 221 CANYON RD CANYON RD GLEN DR CANYON RD 206 CANYON RD 219 103 208 CANYON RD 106DELL CT CANYON RD SENSENY 210 GLEN DR CANYON RD 105 212 DELL CT CANYON RD 214 CANYON RD 107 216 DELL CT CANYON RD 218 222 CANYON RD CANYON RD 220 CANYON RD 102 SP #22-18 DELL CT 65 A 46 108 DELL CT 104 DELL CT 106 DELL CT 2677 SENSENY RD 2691 SENSENY RD 205 GLENRIDGE DR 207 GLENRIDGE DR 2713 SENSENY RD 104 209 106 ASHLEY GLENRIDGE DR ASHLEY CIR102 CIR ASHLEY 100 CIR ASHLEY CIR 211 101 GLENRIDGE DR ASHLEY DR 108 ASHLEY CIR 206 GLENRIDGE DR213 GLENRIDGE DR 103 105 108 214 ASHLEY DR ASHLEY CIR 112 ASHLEY DR GLENRIDGE DR ASHLEY DR Application 215 105 106 GLENRIDGE DR 216 Parcels ASHLEY DR ASHLEY DR µ Sewer and Water Service Area Future Rt 37 Bypass RP (Residential Performance District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 085170340Feet Map Created: November 19, 2018 132214SENSENYSENSENY CANYON RD 212 210 SP # 22 - 18: Spring Run GLEN DR 204GLEN DR SENSENY SENSENY SENSENY 105 208 115 SENSENY GLEN DR GLEN DR 202GLEN DR COMBE DR SENSENY SENSENY GLEN DR 105 SENSENY PIN: 65 - A - 46 GLEN DR GLEN DR RANGE CT GLEN DR 209 103 15 Lot Townhouse Subdivision 113 CANYON RD 103 RANGE CT SENSENY 104 203 COMBE DR Location Map GLEN DR RANGE CT CANYON RD 205 CANYON RD 200 207 CANYON RD 211 CANYON RD CANYON RD 102 101 RANGE CT RANGE CT 110 SENSENY GLEN DR 202 CANYON RD 108 204 217 SENSENY 221 CANYON RD CANYON RD GLEN DR CANYON RD 206 CANYON RD 219 103 208 CANYON RD 106DELL CT CANYON RD SENSENY 210 GLEN DR CANYON RD 105 212 DELL CT CANYON RD 214 CANYON RD 107 216 DELL CT CANYON RD 218 222 CANYON RD CANYON RD 220 CANYON RD 102 SP #22-18 DELL CT 65 A 46 108 DELL CT 104 DELL CT 106 DELL CT 2677 SENSENY RD 2691 SENSENY RD 205 GLENRIDGE DR 207 GLENRIDGE DR 2713 SENSENY RD 104 209 106 ASHLEY GLENRIDGE DR ASHLEY CIR102 CIR ASHLEY 100 CIR ASHLEY CIR 211 101 GLENRIDGE DR ASHLEY DR 108 ASHLEY CIR 206 GLENRIDGE DR213 GLENRIDGE DR 103 105 108 214 ASHLEY DR ASHLEY CIR 112 ASHLEY DR GLENRIDGE DR ASHLEY DR 215 105 106 GLENRIDGE DR 216 Application ASHLEY DR ASHLEY DR µ Parcels Sewer and Water Service Area Future Rt 37 Bypass Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 085170340Feet Map Created: November 19, 2018