May 8 2019 Regular Meeting Minutes274
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MAY 8, 2019
7:00 P.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. Trout and Robert W.
Wells were present.
Staff present: Kris C, Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Mike Ruddy, Director of Planning and
Development; John Bishop, Assistant Director of Planning -Transportation; Mark Cheran, Zoning &
Subdivision Administrator; Tyler Klein, Planner; Scott Varner, Director of Information Technologies;
Denny Linaburg, Fire and Rescue Chief; and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7,00 p,m.
INVOCATION
Supervisor Wells delivered the invocation,
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the agenda was
adopted on a voice vote.
CITIZENS COMMENTS
There were no speakers.
ADOPTION OF CONSENT AGENDA -APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the consent agenda
was adopted on a voice vote.
- Minutes: Joint Meeting with Economic Development Authority of April 24 2019 - CONSENT`
AGENDA APPROVAL
- Minutes: Regular Meeting of April 24 2019 - CONSENT AGENDA APPROVAL
- Transportation Committee Report of 4122119 - CONSENT AGENDA APPROVAL Appendix 1
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County of Frederick, Virginia
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BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS:
PRESENTATION OF RESOLUTION IN MEMORIAM OF MARGARET BRUMBACK DOUGLAS
Chairman DeHaven and Vice Chairman Lofton presented to the family of Margaret Brumback
Douglas a framed copy of the Resolution in Memoriam passed at the December 12, 2018, meeting of
the Board of Supervisors.
COMMITTEE APPOINTMENTS
HANDLEY REGIONAL LIBRARY BOARD APPOINTMENT DELAYED UNTIL THE NEXT MEETING
— APPROVpn
Supervisor Trout moved to delay making an appointment to the Handley Regional Library
Board until the next meeting in order to receive further input from the Library Board on the candidates.
Supervisor McCarthy seconded the motion which carried on a voice vote.
NADINE POTTINGA APPOINTED TO THE BOARD OF DIRECTORS OF PEOPLE, INC.-
APPROVEn
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Nadine Pottinga was
appointed to serve as the Frederick County Representative to the Board of Directors of People, Inc.,
on a voice vote.
SCOTT STRAUB REAPPOINTED AS RED BUD DISTRICT REPRESENTATIVE TO THE HISTORIC
RESOURCES ADVISORY BOARD — APPROVED
Upon motion of Supervisor Dunn, seconded by Supervisor Wells, Scott Straub was
reappointed as Red Bud District Representative to the Historic Resources Advisory Board for a four-
year term ending July 8, 2023. The motion carried on a voice vote.
KEVIN KENNEY REAPPOINTED TO THE FREDERICK COUNTY BOARD OF BUILDING APPEALS
-APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, Kevin Kenney was
reappointed to the Frederick County Board of Building Appeals for a five-year term ending June 26,
2024. The motion carried on a voice vote.
JEFF BOPPE REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD —
APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, Jeff Boppe was
reappointed to the Lord Fairfax Community College Board for a four-year term ending June 30, 2023.
The motion carried on a voice vote.
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GAIL RUSH REAPPOINTED AS OPEQUON DISTRICT REPRESENTATIVE TO THE FREDERICK
COUNTY SOCIAL SERVICES BOARD —APPROVED
Upon motion of Supervisor Wells, seconded by Vice Chairman Lofton, Gail Rush was
reappointed as Opequon District representative to the Frederick County Social Services Board for a
four-year term ending June 30, 2023. The motion carried on a voice vote.
COMMITTEE BUSINESS:
TRANSPORTATION COMMITTEE
Assistant Director of Planning -Transportation, John Bishop, explained the current process
for SmartScale funding including the allocation of VDOT District grants and statewide high priority
funds. He noted that contrary to information received from VDOT staff, the inclusion of outside
funds does not appear to improve a project's SmartScale score. He concluded saying the
SmartScale program is not working as the legislators intended and listed equity, transparency, and
flexibility as key issues needing to be addressed, Mr. Bishop provided a draft resolution requesting
that the Commonwealth Transportation Board and the state legislature review the SmartScale
legislation and its implementation.
Chairman DeHaven asked that the draft resolution be reviewed by the County's
Commonwealth Transportation Board representative and VDOT liaisons priorto it being considered
by the Board of Supervisors.
Supervisor McCarthy requested that the issue be brought to the attention of the Virginia
Association of Counties and be placed on their agenda at their upcoming meeting.
Vice Chairman Lofton noted that Delegate LaRock is willing to assist with this issue in the
legislature. He proposed inviting the Governor to attend the County's Transportation Forum in the
fall to allow discussion of funding issues.
t + + t + + + . + } + + + +
PUBLIC HEARING
PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS (FY 2019-2020)-
APPROVED
Pursuant to Section 15.2-1414.3 of the Code of Virginia, 1950, as Amended, the Board of
Supervisors Will Hold a Public Hearing to Fix the Annual Salaries of the Board of Supervisors
as Follows: Chairman, $10,800,- Vice Chairman, $10,200; and Each Other Member of the
Board of Supervisors at $9,000.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for adoption of the proposed ordinance setting the Board's
salaries as proposed. Supervisor McCarthy seconded the motion.
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Supervisor Dunn said the Board has not had a pay increase since 2001, and he plans to
raise the issue during the next budget cycle.
The motion to adopt the ordinance fixing the Annual Salaries of the Board of Supervisors
passed on a roll call vote as follows:
Blaine P. Dunn
- Aye
Shannon G. Trout
Aye
Gary A. Lofton
Aye
Robert W. Wells
Aye
J. Douglas McCarthy
Aye
Charles S. DeHaven, Jr.
Aye
Judith McCann -Slaughter
Aye
ORDINANCE
SALARIES OF BOARD OF SUPERVISORS
FISCAL YEAR 2019-2020
BE IT ORDAINED, the annual salary for each member of the Frederick County Board of
Supervisors, for fiscal year beginning July 1, 2019, shall be as follows: Chairman, $10,800; Vice
Chairman, $10,200; and each other member of the Board of Supervisors at $9,000.
Upon motion made by Supervisor Slaughter and seconded by Supervisor McCarthy, the above
was passed by the Board of Supervisors of the County of Frederick, Virginia, at a regular meeting
and public hearing held on May 8, 2019.
++++++++++++++
CODE. - APPROVED
The Proposed Revisions Update the County's Adoption of the Virginia Statewide Fire Prevention
Code (VSFPC), to Add, Delete, and Update Definitions as Appropriate, Update Requirements
Relating to Fire Hydrants, and Make Provision for Fire Personnel -Accessible Key Boxes for
Certain Structures.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for adoption of the proposed ordinance to conform with the
most recent practices and changes to the Virginia Fire Prevention Code. Supervisor Dunn
seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
ORDINANCE
May 8,2019
The Board of Supervisors of Frederick County, Virginia hereby ordains that Article I
(General Standards) of Chapter 90 (Fire Prevention and Protection) of the Code of Frederick
County, Virginia be, and the same hereby is, amended as follows (deletions are shown in
and additions are shown in bold underline);
ARTICLE I GENERAL STANDARDS
§ 90-1 Purpose; adoption of Statewide Fire Protection Code.
A. The purpose of this chapter is to consolidate into one document the necessary
requirements for the prevention or the minimizing of the loss of lives and property that
may result from fire in Frederick County.
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B. The Virginia Statewide Fire Prevention Code (VSFPC), as set forth in § 27-94 et seq. of
the Code of Virginia (1950, as amended), and as may be subsequently amended, shall
be enforced in the County. Except as specifically modified by this chapter, all the
provisions and requirements of the Statewide Fire Prevention Code are hereby adopted,
mutatis mutandis, and made part of this chapter as if fully set forth and shall be known
as the Frederick County Fire Prevention Code CFPC . No person within the County
shall violate or fail, neglect or refuse to comply with any provision of the Frederick
County Fire Prevention Code and in no event shall the penalty imposed for the violation
of any provision or requirement adopted herein exceed the penalty imposed for a
similar offense under such § 27-94 et seq. of the Code of Virginia (1950, as amended),
and as may be subsequently amended.
§ 90-2 Administration, enforcement, and appointment of Fire Marshal; interpretation;
applicability; appeals.
A. There is hereby established in and for the County the position of Fire Marshal, who
shall be responsible for the administration and enforcement of this chapter at4 in
addition, such official shall have the powers outlined in Section 27-98.1 of the Code of
Vir inia , aitke The Board of Supervisors authorizes the appointment of such Firer
Marshal as designated by the Dep Chief of the Frederick County
Department of Fire and Rescue. The investigation into the origin and cause of every fire
and explosion occurring within the limits for which he/she is appointed, investigation
and prosecution of all offenses involving hazardous materials, fires, fire bombings,
bombings, attempts or threats to commit such offenses, false alarms relating to such
offenses, possession and manufacture of explosive devices, substances, and fire bombs,
and environmental crimes shall be the responsibility of the Fire Marshal; and/orl
a designated representative, the ^ ssistaw F-:..,, r,r,.... bal and legal O el
B. The requirements in this chapter shall be administered and enforced by the Frederick
County Fire Marshal or his a designated representative as referred to as the "Authority
Having Jurisdiction."
C. Subject to the provisions of Subsection E, the Fire Marshal or his a designated
representative shall interpret this section, where necessary, and that interpretation shall
be binding and final.
D. This chapter shall apply to all matters affecting or relating to structures, processes and
premises as set forth in Sections 101 and 102 of the VSFPC CFPC , except that this
chapter shall not apply within the boundaries of any incorporated town in the County
that has a duly appointed Fire Code Official.
E. Appeals concerning the administration, enforcement, interpretation, and/or application
of this chapter by the Fire Marshal or hiss a designated representative shall fast lie to
the County Board of Building Code Appeals created under § 52-8 of this Code and then
to the State Building Code Technical Review Board. Appeals hereunder to the County
Board of Building Code Appeals shall be subject to the payment of the same fees as
apply to appeals of matters involving the Virginia Uniform Statewide Building Code.
Appeals from the application of the VSFPC by the State Fire Marshal shall be made
directly to the State Building Code Technical Review Board as provided in § 36-108 et
seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended.
§ 90-3 Definitions and word usage.
A. Definitions of words defined in this article are intended for use only with sections of
this article. Definitions set forth in any document referenced by this article are intended
for use only with that document only, Words not specifically defined in this article or
other referenced documents shall be interpreted as being the ordinary usage of the word
as set forth in the most recent edition of Webster's Third New International Dictionary
of the English Language, Unabridged.
B. As used in this article, the following terms shall have the meanings indicated:
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County of Frederick, Virginia
27
APPROVED
Acceptable to the Frederick County Fire Marshal or his a designated
representative.
ASSISTAW FIRE
AA svrwe 4-.. ear t serve as the Fire Marshal's designated
representative-
rmy-system whaocrxazdesigned and ifistalled to deteet a &a and subsequeRtl�
diseL.......e a .,ti.,,..,...1.;..g ageR4 . ,;tl etA 1,, mFffi, .,..t:...,t,Q- R ..r &FOation.
CURB CUT
Reduced curb height to facilitate vehicle passage over or across a curb. A curb
cut can be an abrupt reduction or may be a tapering reduction for the length of
the curb on each side of the means of access.
DWELLING
A single unit providing complete and independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
FIRE CODE OFFICLAL,
The same as "Fire Marshal' and any of his/her designated representatives.
FIRE DEPARTMENT
The Frederick County Fire and Rescue Department, the local volunteer fire
company that is the first due company in an area, and any fire company that
actually responds to a call for service at a particular location.
FIRE DEPARTMENT CONNECTION (FDC)
A ponnectim through which the fire department can pun3p sumlemental water
into_a sprinkler system, standpipe, or other system, furnishing water for fire
extfi�ment to supplement existing water supplies.
FIRE HYDRANT
A valved connection on a piped water supply system, having one or more
outlets and which is used to supply hose and Fire Department pumpers with
water.
FIRE LANE
The road or other passageway developed to allow the passage of fire apparatus.
FIRE MARSHAL
A The sworn law enforcement official
of7rac-;_,^d explesions, eafereing fife e enfien !a- s set forth ithe
__ safety inspeetiefis, the ......... of fire preteetion ujs.v.. plans, and --.no
e"eatioii to the peb46 having the responsibilities set out in Section 90-2(A) of
this Code.
FIRE PROTECTION SYSTEM
Ain, fire »lc..,", Ele Aee o ..,... er fk-e min Jhi ae iee o te3R o then
- - �� mot.. ...bu: .....s .. �y ote....
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US
Approved devices, equipment, and/or *,stems used to detect afire, activate an
alarrn, extinguish or control a fire and/or control or memge smoke and
of a fire, and/or any combination thereof_.
KEY BOX
A secure device with a lock Merable only by a fire department master key,and
containing building entry keys and other_kevs that may be required for access in
an emergeucV.
MEANS OF ACCESS
The method or arrangement by which entry or approach is made to a building
area by Fire Department apparatus and personnel.
PRIVATE DRIVE
The same as a "private street."
The sa+afig"
PRIVATE ROAD
The same as a "private street."
PRIVATE STREET
Any accessway normally intended for vehicular use in the movement between
points within a building site area or between a building site and a street.
RISER
The vertical supply pipes in a sprinkler system.
ROADWAY
Any street, private street or fire lane,
SPRINKLER SYSTEM
For Are protection purposes on integrated system of under rground and overhead
piping designed m accordance with fire protection engineering standards The
installation includes at least one automatic water supply that supplies one or
more systems. The portion of the sprinkler system above ground is a network of
specially sized or h draulicall__y desigged pipi= installed in a building, structure
or we,% generrallyoverhead, and to which gpunniders are attached in a systematic
attem. Each system has a control valve located in the syst= riser or its su 1
Each sprinkler systern includes a device for actuating an alarm when the
stem is in operation. The sygtent is usually activated by heat from a fire and
disghnes water over the fire area.
STANDPIPE
A pipe and attendant hose valves and hose (if provided) used for conveying
water to various parts of a building for fire -fighting purposes.
STREET
A public thoroughfare (street, avenue or boulevard) which has been dedicated
for vehicular use by the public and can be used for access by Fire Department
vehicles.
STRUCTURE
Any building, monument or other object that is constructed with the ground as
its foundation or normal resting place.
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§ 90-4 General requirements.
The following requirements shall apply to all construction or land development activities in
areas of the County to which this article applies:
A. Means of access for Fire Department apparatus.
(1) The means of access for Fire Department apparatus and personnel shall consist of
fire lanes, private streets, streets, parking lot lanes or a combination thereof.
(2) Parking in any means of access shall not be permitted within 15 feet of a fire
hydrant, y lire department connection: or in any other
manner which will obstruct or interfere with the Fire Department's use of the
hydrant or connection.
(3) "No making Parking Fire Lane" signs or another designation approved by the Fire
Marshal's Office and indicating that parking is prohibited shall be provided at all
normal and emergency access points to structures and within 15 feet of each fire
hydrant, or any fire department connection.
B. Fire lanes.
(1) The Fire Marshal or hiss a designated representative,'" eeree..« `-.:th the 1. ral
may designate both public and private fire lanes as required
for the efficient and effective use of fire apparatus. Said fire lanes shall be marked
in a manner prescribed by the Fire Marshal or } a designated representative.
Parking in a designated fire lane shall be controlled by Chapter 158, Vehicles and
Traffic, of the Frederick County Code.
(2) Fire lanes shall be at least 20 feet in width, with the road edge closest to the
structure at least 10 feet from the structure, be constructed of a hard all-weather
surface adequately designed to support any fire apparatus likely to be operated in
such fire lane or be of subsurface construction designed to support the same loads
as the above surfaces and be covered with no more than three inches of soil or sod,
or both, and be designed with radii of sufficient length to allow for safe turning by
any fire apparatus likely to be operated on such fire lane.
(3) Fire lanes connecting to public streets, roadways or private streets shall be provided
with curb cuts extending at least two feet beyond each edge of the fire lane.
(4) Chains or other barriers may be provided at the entrance to fire lanes or private
streets, provided that they are installed according to the requirements of the
Authority Having Jurisdiction.
C. Parking lot lanes. Parking lot lanes shall have a minimum of 15 feet clear width
between rows of parked vehicles for vehicular access and movement.
D. Location of structures shall comply with regulations set forth in the Frederick County
Fire Prevention Code (FCFPC).
(1) At least tt,_ee r� ells of all :..a..s4W, eami,.e..eial publie of e pt,blie ,
.
fesident4al swaey Fes with three ef- ffiere ,.
dwellingr;te e t 11 1. t. Y
(2) SWa4ares
eadi g 30 feet ; 1, l.t shall t b t back more fiian 50 feet
Stfeet, fire lafte - u Private p:i
to fire fesisti • _ _ __&, fir_ -epwrw e a ...aRs speee separatien aildati-tematiefife
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Board of Supervisors Meeting of 518119
County of Frederick. Virginia
NM
,t„c.gnu.,,,.t fepfesea4ative as an aeeeptable alternative,
E. Water supply.
(1) Water supply systems shall be designed so as to be capable of supplying at least
1,000 gallons per minute at with a minimum of 20 pounds per square inch Lpsi
residual. Water supplies shall be made available and operational before
combustibles are on site during construction.
(2) In areas developed with single-family detached or duplex dwelling units, there shall
be a fire hydrant within 400 feet of all units. In areas developed with three to five
dwelling units per structure, there shall be a hydrant within 300 feet of all units. In
areas developed with six or more dwelling units per structure, there shall be at least
two hydrants within 300 feet of all units. In areas developed with industrial or
commercial development(s), there shall be a hydrant within 300 feet of all portions
of any structure.
etforth above, 4h hy&ai4 ,l di J te L epefatieff B 1, tran4ipe system
,.Lull Rat e F .. her than 50 {ant &......., the stafidpipe.rl' 4anee 4 tifi.7
d4ssee ien.,hall he alwna eeater lifte roadway .:damte.s, .,loRg.._a...en meeting
(a) Distance measurements in this subsection shall be along center line roadway
surfaces or along surfaces meeting the requirements of a fire lane (designated or
undedwated) where %VEgpriate, but in all cases access to each hydrant shall be
directly from aroadway and/or fire lane.
(b) Commercial buildings that have a FDC shall have one hydrant dedicated to the
operation of the FDC, which shall not be farther than 50 feet from the FDC and
there shall be at least one other hydrant meeting the distance requirements set
faith in this subsection.
(3) Beira -hydrant shall be m.. t d a •tl, the P d 1 G 4 c
. u..,ri"))key- Fire hydrant tops and caps shall indicate the available gallons per
minute MD m accordance with National Fire Protection Association tNFPA) 291
(4) -Fire 1...,1«.....4_ leean ed i ..rk4n..., shall be .,.., ieete by t___.—er-s tha. t mill
pFeverA l+ysieal damage a. � l • 1 . In Pg1sing areas where curbing is not
present vehicle impact protection shall be required as per FCFPC.
(5) Fire hydrants shall be located within three feet of the curbline of fire lanes, streets
or private streets when installed along such accessways.
(6) Fire hydrants shall be installed in accordance with the standards of the Frederick
County Sanitation Authority which hmdes/o erates as Frederick Water).
(7) 'Threads on fire hydrant outlets shall conform to Frederick County Sanitation
Authority (which trades/operates as Frederick Water) policy.
(8) Fire hydrants shall be supplied by not less than a six-inch diameter main. Each six-
inch line shall supply no more than one hydrant.
F. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks,
water levels and temperatures, ontical air pressures and water -flow switches on all
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County of Frederick, Virginia
EN
sprinkler systems shall be electronically supervised by listed fire alarm control unit.
Exceptions:
(1) Automatic sprinKa systems Protecting one- and two-fanaily dwellings,
(2) Limited area systems serving fewer than 20-klers.
(3) Automatic sprinkler systems installed in accordance with NFPA 13R where a
common supply main is used to supply both domestic water and the automatic
sprinkler system aad a separate shutoff valve for the automatic sprinkler system is
not provided.
(4) Jockey pomp control valves that are sealed or locked in the open position.
(5) Control valves to commercial kitchen hoods, paint spray booths or dip tanks that are
sealed or locked in the open position.
(6) Valves controlling the fuel supply to fire pump engines that are sealed or locked in
the open position.
(7) Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that
are sealed or locked in the open position.
F7G. Fire protection during construction. Trash, debris and other combustible material shall
be removed from the construction site as often as necessary to maintain a firesafe
construction site.
&H. Plans. Complete as biii4 baildii�,# floor plans, site plans and plans of fire sapp .'- :
systems shall be submitted to !he Gh4ef 13ttildiiag Official and Fire Marshal, or- fileir
respective designated represeFAfftiNes, p Fier te issuance of the final eertifieate of
eee,apaney. The fire code official shall have the authority to require construction
documents and calculations for all fire protection systems and to require permits be
issued for the installation, rehabilitation or modification of any fire protection system,
Construction documents for fire protection systems shall be submitted for review and
approval prior to system installation.
I. Key Boxes. Where access to or within a structure or an area is restricted because of
secured openings9puijags or where immediate access is necessary for life-saving or fire-fiyjiting
purposes, the fire code official is authorized to require a key box to be installed in an
approved location. The key box shall be of an approved type listed in accordance with
UL 1037, and shall contain keys or other devices to Bain necessary access as reouired by
the fire code official.
§ 90-5 Violations and penalties.
Any person, firm or corporation who shall violate any of the provisions of this article shall,
upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more
than 12 months, or both such fine and imprisonment.
++++++++++++++
PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 158 VEHICLES
AND TRAFFIC ARTICLE II STOPPING STANDING AND PARKING SECTION 158.4
GENERAL RESTRICTIONS, TO ADD PROVISION REGARDING VIOLATION OF PARKING
RESTRICTIONS ON COUNTY-OWNED/OPERATED PROPERTY. - APPROVED
The Proposed Amendment Would Restrict Parking on County -Owned or County -Controlled
Property to Parking that is Consistent with any Posted Signs on the Property. The New
Subsection Would Further Impose a Fine for a Violation of Such Parking Restrictions.
Chairman DeHaven opened the public hearing.
There were no speakers.
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Board of Supervisors Meeting of 518/19
County of Frederick, Virginia
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for adoption of the proposed amendment to add provisions
regarding violation of parking restrictions on County -owned property. Supervisor Dunn seconded
the motion which carried as follows on a roll call vote:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
ORDINANCE
May 8, 2019
The Board of Supervisors of Frederick County, Virginia hereby ordains that Section
158-4 (General Restrictions) of Article II (Stopping, Standing and Parking) of Chapter 158
(Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is,
amended by enacting amended Section 158-4 (General Restrictions) of Article II (Stopping,
Standing and Parking) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County,
as follows (deletions shown in s�eOiFeia and additions shown in bold underline):
CHAPTER 158 VEHICLES AND TRAFFIC
Article II Stopping, Standing and Parking
§ 1584 General. restrictions
A. Double-parking. It shall be unlawful for any person to park any vehicle on any street or
highway alongside another vehicle parked at the curb or at the edge of the street or highway, it
being the purpose of this subsection to prevent double-parking. The penalty for any violation of
this restriction shall be a fine in the amount of $40.
B. Perpendicular or diagonal parking. It shall be unlawful for any person to park any, vehicle on
any street or highway in any manner other than parallel to the street or highway, except in a
marked parking space. The penalty for any violation of this restriction shall be a fine in the
amount of $40.
C. Parking vehicle against traffic. It shall be unlawful for any person to park any vehicle against
traffic on any street or highway. The penalty for any violation of this restriction shall be a fine
in the amount of $40.
D. Parking vehicle without a current state license or a current state inspection sticker. It shall be
unlawful for any person to park any vehicle on any street or highway without the vehicle
displaying a current state license or a current state inspection sticker. The penalty for any
violation of this restriction shall be a fine in the amount of $40.
E. Parking so as to stop or obstruct traffic. It shall be unlawful for any person to park any
vehicle in such a manner as to stop or obstruct traffic on any street or highway. The penalty for
any violation of this restriction shall be a fine in the amount of $40.
F. Parking vehicle within 20 feet of a comer or intersection. It shall be unlawful for any person
to park any vehicle within 20 feet of a corner or intersection on any street or highway. The
penalty for any violation of this restriction shall be a fine in the amount of $40.
G. Parking so as to block driveway. It shall be unlawful for any person to park any vehicle in
such a manner as to prevent vehicular access to any driveway or entrance to any property. The
penalty for any violation of this restriction shall be a fine in the amount of $40.
H. Parking vehicle on sidewalk or walking trail. It shall be unlawful for any person to park any
vehicle on any sidewalk that is open to public use or on any walking trail that is open to public
use. The penalty for any violation of this restriction shall be a fine in the amount of $40.
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I. Parking vehicle within 15 feet of a fire hydrant. It shall be unlawful for any person to park
any vehicle within 15 feet of a fire hydrant. The penalty for violation of this restriction shall be
a fine in the amount of $40.
J. Parking vehicle in fire lane. It shall be unlawful for any person to park any vehicle in any fire
lane where indicated by adequate painting, markers, or signs. The penalty for violation of this
restriction shall be a fine in the amount of $40.
K. Parking vehicle without proper permit in space reserved for persons with disabilities. It shall
be unlawful for any person to park any vehicle in any parking space reserved for persons with
disabilities and which parking space is so indicated by adequate painting, markers, or signs,
unless such vehicle displays a proper permit to do so.. It shall also be unlawful for any person to
park any vehicle, regardless of whether the vehicle displays a proper permit to park in a parking
space reserved for persons with disabilities, in any area adjacent to any parking space reserved
for persons with disabilities, which area is reserved for access, but not parking, by persons with
disabilities. The penalty for violation of this restriction shall be a fine in the amount of $100.
L. Parking vehicle contrary to the directions of an official highway sign. It shall be unlawful for
any person to park any vehicle in a manner contrary to the directions of an official highway
sign. The penalty for violation of this restriction shall be a fine in the amount of $40.
M. The terms "street" or "highway," as used herein, shall have the same meaning as the term
"highway" as set forth in § 46.2-100 of the Code of Virginia.
N. In any prosecution charging a violation of this section, proof that the vehicle described in the
complaint, summons, parking ticket, citation, or warrant was parked in violation of this section,
together with proof that the defendant was at the time the registered owner of the vehicle, as
required by Chapter 6 of Title 46.2 (§ 46 2 600 et se ` of the Code of Virginia, shall constitute
prima facie evidence that the registered owner of the vehicle was the person who committed the
violation.
0. Parking at County -owned or County -controlled properties. It shall be unlawful for a person to
park any vehicle on property owned or controlled by the County of Frederick in a manner that is
contrary to any sign posted at or on the property. The penalty for a violation of this restriction
shall be a fine in the amount of $40.
++++++++++++++
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
CONDITIONAL USE PERMIT #03-19 FOR CONNIE ANN MOSS, EXPANSION OF EXISTING DOG
KENNEL -APPROVED
For the Expansion of an Existing Dog Kennel. The Existing Dog Kennel Approved by the
Frederick County Board of Supervisors on September 28, 2016, Allows for the Boarding of Up to
10 Dogs. The Proposed Expansion Would Allow Boarding of an Additional 15 Dogs for a Total of
Up to 25 Dogs. The Property is Located at 4527 Valley Pike, Stephens City, Virginia and is
Identified with Property Identification Number 75-A-28 in the Back Creek Magisterial District.
Mr. Klein provided background information on the request saying it is for expansion of
an existing dog kennel to allow for the boarding of up to 25 dogs.
The Applicant, Connie Ann Moss, said she has been operating under her current conditional
use permit for three years and is planning for the future with the proposed expansion.
Supervisor McCarthy expressed his desire to prohibit additional building on the site without the
Applicant returning to the Board for a new conditional use permit.
Supervisor Dunn asked the Applicant if she could foresee going above 25 dogs, and the
Applicant replied that she would not do so because of the nature of her operation.
Minute Book 44
Board of Supervisors Meeting of 5/8119
County of Frederick, Virginia
1286
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Vice Chairman Lofton moved for approval of Conditional Use Permit #03-19. Supervisor
Trout seconded the motion.
Supervisor McCarthy moved to amend the motion to add a condition prohibiting additional
building on the property. Supervisor Dunn seconded the motion, and the Board discussed the
prohibition of building. The motion to amend failed on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A. Lofton No
J. Douglas McCarthy Aye
Judith McCann -Slaughter No
Shannon G. Trout No
Robert W. Wells No
Charles S. DeHaven, Jr. No
Vice Chairman Lofton's original motion for approval of Conditional Use Permit #03-19 passed
on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
++++++++++++++
BOARD LIAISON REPORTS - None
CITIZEN COMMENTS - None
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy thanked all the volunteers who made the recent Apple Blossom
Festival a success for the community.
Vice Chairman Lofton noted the earlier presentation of the resolution in memoriam to the
family of Margaret Brumback Douglas saying that Mrs. Douglas had been very helpful as he began
his tenure on the Board. He lauded Mrs. Douglas' farming and 4-H endeavors,
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was
adjo ned at 7:59 p.m.
Charles S. DeHaven, Jr. 4Kris. rn
Chairman, Board of Supervisors Clerk, Boa Supervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 44
Board of Supervisors Meeting of 5/8/19
County of Frederick, Virginia
287
Board of Supervisors Minutes of May 8, 2019 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, April 22, 2019
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann -
Slaughter (Voting), Gary Oates (Voting), James Racey (Voting), and Lewis Boyer (Liaison
Stephens City).
Committee Members Absent: Barry Schnoor (Voting) and Mark Davis (Liaison
Middletown).
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
2-SmartScale Discussion -Continued (see attached): Staff continued discussion of the
SmartScale process implemented by the State and the results as applied to Staunton District.
Staff highlighted issues related to equity for localities based upon the way the program is
implemented. Delegate LaRock was also present and engaged in the discussion with the
Committee and noted shared concerns with how the program is functioning. He also noted a
desire to coordinate with the County on this issue, The Committee discussed a number of
potential paths forward.
After discussion, the Committee moved that Staff draft a Resolution outlining the concerns with
the SmartScale program for the Board of Supervisors to consider. In addition, the committee
wished for staff to make a presentation to the Board of Supervisors outlining the same
information that was shared with the Committee. The draft resolution is attached and has also
been circulated to the Transportation Committee for feedback prior to the Board meeting.
ITEMS FOR INFORMATION ONLY:
NOTE. This is a stand-alone public hearing item on the Board agenda May 22nd
1-Interstate, Primary, and Secondary Road Plan 2019-2020 Updates: (see attached): Staff gave
an overview of the Interstate, Primary and Secondary Road improvement plans. The Interstate
and Primary Plans advise VDOT of the important local priorities in the system. The Secondary
Plan is a cooperative effort for VDOT to allocate secondary funds for projects within Frederick
County. Staff has made some minor updates to the Interstate and Primary plans to better
organize and recognize development patterns for improvements to our area. Also, providing
consistency with the recent study efforts. Staff discussed modifying some of the language in the
Interstate Road Improvement Plan beginning with Priority 1 Exit 313 to Bridge Reconstruction
from re -decking and the expansion of both VDOT safety patrols and the message signs. Also, the
widening Priorities 1-81 with a modification to separate widening and interchange priorities as
well as adding a 4' widening priorityfor 1-81 South from Exit 307 to Warren County. The Primary
Road modification raised by Mr. Oates would be to add Priority 1D to Route 37 Bypass Phases.
The Secondary Plan is an ongoing transportation effort on the County's Secondary system. The
Secondary Plan has two (2) roadways that have moved from the Unscheduled to the Scheduled
list which are Fishel Road and Canterburg Road. The Unscheduled list had one (1) project added
which was Knob Road. Judith McCann -Slaughter asked about grant funding which would be
available. VDOT does not see any resources available currently. VDOT is to verify the mileage of
Timberlakes Lane on the Non-Hardsurface Road Improvement Projects 2018-2019 through
2023/2024.
Minute Book 44
Board of Supervisors Meeting of 5/8/19
County of Frederick, Virginia
Upon a motion by, Mr. Gary Oates seconded by Mr. James Racey the Committee recommended
to forward as modified the Interstate, Primary and Secondary Improvement Road Plans to the
Board for recommendation of approval.
3-MPO Unified Planning Work Program (see attached): Staff gave an overview of the draft
Unified Planning Work Program (UPWP) prepared by the WinFred Metropolitan Planning
Organization (MPO) for FY 2020. This is required annually on how Federal and Local dollars that
are received are spent. The UPWP provides establishment for coordination of transportation
planning for the MPO. Staff recommended that the signal light coordination be added to the
Route 11 north area study. VDOT is looking into other software for the signal coordination that
can be controlled more at the local level. The Exit 313/Route 50/Route 522 area is a study that
came out of the Committee. Also, discussed was the Route 7 Corridor Study Carryover from
FY19 that is a STAR program study, the map will be updated. The Committee recommended
that Staff make the comments suggested to the draft for final adoption.
4-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: The low bidder
on the project was Perry Engineering with a bid of $17,592,682.83. A preconstruction meeting
is scheduled for May 7, 2019 with an expected notice to proceed for May 14, 2019. The project
has an expected completion date of September 10, 2021.
Renaissance Drive: The project has the proceeding to 30% design under the new scope. Staff is
in process of updating the MOU with CSX, a meeting was held on April 18, 2019 with VDOT. Staff
will be drafting a Memorandum Of Understanding to the County Attorney.
Northern Y: The consultant is compiling the items necessary to meet the approximately 60%
for the language in the Revenue Sharing Agreement.
Juba[ Early Drive Extension and Interchange with Route 37: No activity at this time.
5-Upcoming Agenda Items: Smartscale
TBD: Oakdale Crossing Traffic Calming Study,
6-Other
Minute Book 44
Board of Supervisors Meeting of 5/8119
County of Frederick, Virginia