September 25 2019 Board_Agenda_PacketAGENDA
REGULAR MEETINGBOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 25, 2019
7:00 PM
BOARD MEETING ROOM
107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601
1.7:00 P.M. Regular Meeting Call to Order
2.Invocation
3.Pledge of Allegiance
4.Adoption of Agenda
5.Citizen Comments -
For Agenda Items that are not the subject of a Public Hearing
6.Consent Agenda
(Roll Call Vote Required)
6.A.Minutes of Closed Session and Regular Meeting of September 11, 2019
6.A.BoardOfSupervisorsClosedAndRegularMeetingMinutesBOS190911.pd
6.B.Finance Committee Report of 9-18-19
6.B.CommitteeReportFinanceSeptember2019.pdf
6.C.Parks & Recreation Commission Report of 9-10-19
6.C.ParksRecreationCommissionReport-Sept2019.pdf
6.D.Request by the Alliance for the Shenandoah Valley for Letter of Support
for State Cost-Share Funding
6.D.RequestLetterOfSupportStateCostShareFundingChesapeakeBayGoal
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MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 25, 2019
Consent Agenda,
continued
6.E.Request from theCommissioner of the Revenue for Refund and
Corresponding Supplemental Appropriation
Denny's Inc. -$2,521.98
6.E.Refund.pdf
6.F.Resolution Adding Quincy Mill Court to the Secondary System of State
Highways
6.F.KendellMillsSubdivision-QuincyMillCourt.pdf
6.G.Request to Schedule Public Hearing on Proposed Revisions to the
Articles of Incorporation of Frederick Water
6.G.FrederickWaterRequestSeekingRevisionsToAOI.pdf
6.H.Parks & Recreation Commission's Buildings and Grounds Committee
proposes bringing forth the current names of the Clearbrook ballfields
(Frey, Franklin, Roper, Cole) to the new Stephenson Road ballfields.
6.H.P&RMemoBallfieldNames.pdf
7.Board of Supervisors Comments
8.County Officials
8.A.Introduction of Steve Majchrzak, Assistant Fire Chief of the Frederick
County Fire and Rescue Department
8.B.Committee Appointments
Handley Regional Library Board
1.
4-year term of Mark Gaylor expires 11/30/2019
(EligibleandWilling to be rreappointed)
8.B.CommitteeAppts(092519BdMtg).pdf
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MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 25, 2019
County Officials,
continued
8.C.Request from Frederick County Public Schools to participate in VPSA
bond sale in the amount of $3.2 million for replacement Robert E. Aylor
Middle School and for scheduling a public hearing on the matter
8.C.RequestFromFCPS-BondSale.pdf
9.Committee Business
9.A.
Finance Committee Business
The Purchasing Manager requests an update to the County’s Purchasing
1.
Policy to be effective November 1, 2019. The changes are permitted under
the Virginia Public Procurement Act (VPPA) and include the following:
Increase the verbal quote minimum from $1,500 to $2,000;
a.
Increase the purchase order minimum from $2,500 to $5,000; and
b.
Increase the formal solicitation minimum from $50,000 to $70,000.
c.
The committee recommends approval.
The Sheriff requests a General Fund supplemental appropriation in the
2.
amount of $25,834.85.This amount represents a carry forward of unspent
The committee
FY2019 funds for the purchase of a replacement vehicle.
recommends approval.
The IT Director requests a General Fund supplemental appropriation in the
3.
amount of $56,000.This amount represents PEG funds to update the
presentation equipment in the BOS meeting room.This item was originally
approved by the BOS Technology Committee in May 2017.No local funds
The committee recommends approval.
are required.
The EDA Executive Director requests an EDA Fund supplemental
4.
appropriation in the amount of $3,000.This amount represents donations
received in FY2019 from local business to provide scholarships to the 2019
The committee
Employer Expoparticipants.No local funds required.
recommends approval.
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MEETING AGENDA PAGE 4
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 25, 2019
Finance Committee Business,continued
The Parks & Recreation Director requests a General Fund supplemental
5.
appropriation in the amount of $50,000(pending grantaward) in order to
apply for a PeopleForBikes grant in the amount of $10,000 with a $40,000
match requirement to be met with Parksproffer funds. No local funds
The committee recommends approval.
required.
The Finance Director presents FY 2019 Year End financial information and
6.
requests a General Fund and County Capital Fund supplemental
appropriation in the amount of $4,504,520.This amount represents General
Fund fund balance in excess of 20% to be transferred to the Capital
The committee recommends
Fund.A public hearing is required.
forwarding the item to public hearing.
10.Public Hearings (Non Planning Issues)
Outdoor Festival Permit Request of Waveland Farm, LLC and
10.A.
Cynthia J. Layman –Wedding
.
Pursuant to the Frederick County Code, Chapter 86, Festivals; Section
86-3, Permit Required; Application; Issuance or Denial; Fee, for an
Outdoor Festival Permit.Festival to be Held on the following dates:
Saturday, September 28, 2019, from 11:00 AM to 10:30 PM; Saturday,
October 5, 2019, from 11:00 AM to 10:30 PM; Saturday, October 19,
2019, from 11:00 AM to 10:30 PMon the Grounds of Waveland Farm,
LLC, 1211 MarlboroRoad, Stephens City, Virginia, Back Creek
Magisterial District.Property Owned by Waveland Farm, LLC.
10.A.WavelandFarmLLCOutdoorFestivalPermitApplication2019.pdf
11.Planning Commission Business -Public Hearings–
None
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MEETING AGENDA PAGE 5
Frederick County Board of Supervisors
WEDNESDAY, SEPTEMBER 25, 2019
12.Planning Commission Business -Other Planning Business
12.A.Proposed Ordinance Amendment –Public Utilities including utility-scale
solar power generating facilities
12.A.DiscussionPublicUtilities.pdf
12.B.Proposed Ordinance Amendment –Conditional Use in the RA (Rural
Areas) Zoning District
12.B.DiscussionConditionalUsesInTheRuralAreasDistrict.pdf
13.Board Liaison Reports
14.Citizen Comments
15.Board of Supervisors Comments
16.Adjourn
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6
MINUTES
CLOSED SESSION AND REGULAR MEETINGS
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 11,2019
6:00 P.M. AND 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; Judith McCann-Slaughter;Shannon G. Trout; J. Douglas McCarthyandRobert W.
Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Erin Swisshelm, Assistant County Attorney;Karen Vacchio, Public Information
Officer; Mike Ruddy, Director of Planning and Development;Candice Perkins, Assistant Director
ofPlanning & Development; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein,
Planner; Mike Marciano, Director of Human Resources; Cheryl Shiffler, Director of Finance;
Andrew Farrar, Program Coordinator, IT; Joe Wilder, Director of Public Works; andAnn W. Phillips,
Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:00p.m.
CLOSED SESSION
At 6:01 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed
session pursuant to Virginia Code § 2.2-3711(A)(3) for discussion of the disposition of publicly held
real property, where discussion in an open meeting would adversely affect the bargaining position
or negotiating strategy of the public body. Supervisor McCarthy seconded the motion which carried
on a voice vote.
At 6:41p.m., the Board members being assembled within the designated meeting place in
the presence of members of the public and the media desiring to attend, the meeting was
reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Dunn. Vice Chairman
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
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Lofton moved that the Board of Supervisors of FrederickCounty certify that, to the best of each
member’s knowledge, (i) only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting to which this certification
applies, and (ii) only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed, or considered by the Board. Supervisor Dunn seconded
the motion which carried as follows on a roll call vote:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
RECESS
At 6:43 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m.
CALL TO ORDER
Chairman DeHaven called the regular meeting to order at 7:00 p.m.
INVOCATION
Supervisor Wells deliveredthe invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of Supervisor Slaughter,seconded by Supervisor McCarthy, theagenda
was adoptedon a voice vote.
CITIZENS COMMENTS
Benda Fristoe, Stonewall District, spoke in reference to the agenda item regarding setting
a joint work session to discuss comprehensive plan amendments. She noted the inclusion of CPPA
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
2
#02-09, Woodside Business Park, as a discussion topic for the work session and asked the Board
todeny further consideration of this application. She suggested the subject property was being
considered for purchase by Carmeuse for expansion of its mining operations and encouraged the
Board not to entertain any such expansion.
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Supervisor Dunn,seconded byVice Chairman Lofton,the consent agenda
was adoptedonaroll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes: Meeting of 8-14-19-
CONSENT AGENDA APPROVAL
-Finance Committee Report of 8-21-19-
CONSENT AGENDA APPROVAL, Appendix 1
-Parks & Recreation Commission Report of 8-13-19-
Appendix 2
CONSENT AGENDA APPROVAL,
-Public Safety Committee Report of 8-15-19 -
, Appendix 3
CONSENT AGENDA APPROVAL
-Public Works Committee Report of 8-27-19-
, Appendix 4
CONSENT AGENDA APPROVAL
-Transportation Committee Report of 8-26-19-
Appendix 5
CONSENT AGENDA APPROVAL,
-Request from Commissioner of the Revenue for Refunds and Corresponding
Supplemental Appropriations -
CONSENT AGENDA APPROVAL
Fisher Scientific Company LLC -$25,083.90
-Resolution Regarding Revenue Sharing Application Support for Renaissance Drive
Extension-
CONSENT AGENDA APPROVAL
RESOLUTION #017-19
A RESOLUTION FOR THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA
AS AN ENDORSEMENT OF THE
RENAISSANCE DRIVE REVENUE SHARING PROJECT
WHEREAS, in accordance with the Commonwealth Transportation Boar
procedures, it is necessary that a resolution be received from t
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
3
requesting the Virginia Department of Transportation (VDOT) to establish a project in the Countyof
Frederick.
NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick req
Transportation Board to approve additional revenue sharing fundsfor Renaissance Drive.
BE IT FURTHER RESOLVED THAT: TheCounty of Frederick hereby agrees to provide its share of the
total cost for preliminary engineering, right-of-way and construction of this project in accordance with the
project financial documents.
County of Frederick hereby agrees to enter into a project
BE IT FURTHER RESOLVED THAT: The
administration agreement with VDOT and provide the necessary oversight to e
developed in accordance with all applicable federal, state and l-of-way
acquisition, and construction of the project.
Count of Frederick subsequently elects to cancel the
BE IT FURTHER RESOLVED THAT: If the
project, the County of Frederick hereby agrees to reimburse VDOT
County of Frederick also agrees to
by VDOT through the date VDOT is notified of such cancellation.
repay any funds previously reimbursed that are later deemed inel
Administration or VDOT.
Board of Supervisorsof theCounty of Frederick hereby grants
BE IT FURTHER RESOLVED THAT: The
authority for the County Administratorto apply for funds and execute project administration agreements
as well as other documents necessary for approved projects.
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BOARD OF SUPERVISORS COMMENTS-None
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
KRIS TIERNEY REAPPOINTED TO NORTHWESTERN REGIONAL JAIL AUTHORITY -
APPROVED
On motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, Kris Tierney
was reappointed to the Northwestern Regional Jail Authority for a four-yearterm ending October
13, 2023.The motion carried on a voice vote.
DR. ROBERT MEADOWS REAPPOINTED TOEXTENSION LEADERSHIP COUNCIL-
APPROVED
On motion of Vice Chairman Lofton, seconded by Supervisor Wells,Dr. Robert
Meadows was reappointed to an at-large four-year term on the Extension Leadership Council
ending October 28, 2023. The motion carried on a voice vote.
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Frederick County Board of Supervisors
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COMMITTEE BUSINESS:
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following:
The Sheriff requests a General Fund supplemental appropriation in the amount of
$13,229.82. This amount represents insurance reimbursements for two auto claims;The Public
Works Director requests aGeneral Fund supplemental appropriation in the amount of $15,000.
This amount represents funds from the Flemming Trust for spay/neuter;The Parks & Recreation
Director requests a General Fund supplemental appropriation not to exceed $71,942.45. This
amount represents a carry forward of unspent FY 2019 for the ongoing Recreation Access Project
at Northwest Sherando Park;The Parks & Recreation Director requests a General Fund
supplemental appropriation in the amount of $500. This amount represents a donation from the
Molden family for a park bench at Rose Hill Park; and The Deputy County Administrator requests
aGeneral Fund supplemental appropriation not to exceed $52,754.95. This amount represents
ongoing projects for building repair and maintenance. Supervisor Trout seconded 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
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of thefollowing: The Sheriff requests a General
Fund supplemental appropriation in the amount of $400. This amount represents payment for a
ballistic vest. Vice Chairman Loftonseconded 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
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
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Supervisor Slaughter moved for approval of the following: The Public Works Director
requests the following supplemental appropriations, which are carry forwards of unspent FY 2019
funds:
a. Shawneeland Fund supplemental appropriation not to exceed $151,300.55for ongoing road
improvements. The committee recommends approval.Vice Chairman Lofton seconded 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
Judith McCann-SlaughterAye
b. General Fund supplemental appropriation not to exceed $23,890.24for animal shelter
spay/neuter and new building design funds. Thecommittee recommends approval.Supervisor
Wells seconded 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
Judith McCann-SlaughterAye
c. General Fund supplemental appropriation not to exceed $337,656.54for ongoing refuse
projects, which include Stephenson, Albin, and Middletown convenience sites and costs associated
with increased hauling rates and therecycling program. The committee recommends approval.
Supervisor Wellsseconded 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
Judith McCann-SlaughterAye
d. Landfill Fund supplemental appropriation not to exceed $1,284,579.55for ongoing landfill
projects including Phase 3, Cell A rock removal and the completion of a new leachate lagoon.Vice
Chairman Lofton seconded 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
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
6
Supervisor Slaughter moved for approval of thefollowing: The WRAA Executive Director
requests an Airport Capital Fund supplemental appropriation in the amount of $1,550,000. This
amount represents bond proceeds for the purchase of a hangar facility and associated projects.
Supervisor McCarthy seconded the motionwhich 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
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following: The WRAA Executive Director
requests an Airport Fund supplemental appropriation in the amount of $37,000 and a General Fund
supplemental appropriation in the amount of $27,750. These amounts represent projected debt
service for FY 2020 and the County’s local share. Supervisor McCarthyseconded 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
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following: The Fire & Rescue Chief
requests a General Fund supplemental appropriation in the amount of $257,018.69to assist the
Winchester City Fire & Rescue in completing the Burn Building Replacement Project. This item has
been endorsed by the Public Safety Committee. Supervisor McCarthyseconded 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
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of theFinance/Audit Committee charter with no
changes. Vice Chairman Loftonseconded 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
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
7
Supervisor Slaughter moved for denial of Supervisor Trout’s request that the County
consider donating to the Virginia War Memorial Foundation. Vice Chairman Loftonseconded 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
Judith McCann-SlaughterAye
PUBLIC WORKS COMMITTEE
FIRE PREVENTION CODE FEE SCHEDULE -APPROVED
Supervisor McCarthy,as Chairman andon behalf of the Committee, movedfor approval
of the proposed Fire Prevention Code Fee Schedule. Supervisor Wells secondedthe motion.
Supervisor Dunn noted his concerns about the fee schedule adding that he preferredto
finish the current year before adding a fee schedule.
Supervisor McCarthy said the vote will not empower the Fire Department which is currently
authorized by Virginia Code,staffed,and able to do the inspections. He said he preferred exploring
whether the fee billing system will be cost effective and then taking up the matter as a budget item
for next year.
Supervisor Slaughter proposed taking a year to educate the public about the fee schedule.
Vice Chairman Lofton said a fee schedule has been discussed before and the Board
shouldbe committedto approving the schedule since it is amatter of safety. He said the costs
should be borne by businesses and not by the tax payer.
Supervisor Dunn noted that businesses currently pay several taxes.
Supervisor McCarthy said he is not opposed to having the schedule in place but prefers
waiting a year before it is implemented.
The Fire Prevention Code Fee Schedule was approved as presented on a roll call vote as
follows:
Blaine P. DunnNoShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
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J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterNo
Fire Prevention Code Fee Schedule
Frederick County Fire Marshals Office
Effective September 11, 2019
Inspection Fees (based on square footage)
-
- 20,000 sq. ft
- Businesses 20,001 sq. ft - 100,000 sq. ft
- Businesses 100,001 sq. ft -
00 -
Re-inspection fees shall be the same as original assessed fee.
Inspections being conducted on County owned buildings shall be e
Fees for places of religious worship and for non-profit
regardless of the structure square footage on a parcel.
All inspection fees are the responsibility of the occupant/tenan
Operational Permits
The Fire Marshals Office issues operational permits, which are ,
explosive storage, sale of fireworks, aerial fireworks displays,
food trucks, and tents.
Fees:
-
-
-each additional magazine
on same site. (12-month permit)
-
-
-
- -month permit)
-
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
9
PUBLIC HEARINGS–NON PLANNING ISSUES
ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE FEDERAL WORKFORCE
INNOVATION AND OPPORTUNITY ACT OF 2014 AND AUTHORIZING THE PARTICIPATION
OF FREDERICK COUNTY IN THE SHENANDOAH VALLEY CHIEF ELECTED OFFICIALS
CONSORTIUM UNDER THE AUSPICES OF THE SHENANDOAH VALLEY WORKFORCE
DEVELOPMENT BOARD, AND FOR OTHER RELATED PURPOSES-APPROVED
Mr. Tibbs provided backgroundon the proposal saying it is an ordinance to provide for the
implementation of the Federal Workforce Innovation and Opportunity Act of 2014 and authorizing
Frederick County’s participation in the Shenandoah Valley Elected Officials Consortium under the
auspices of the Shenandoah Valley Workforce Development Board.He noted theBoard previously
adopted versions of this agreement in 2006, 2012, and2015. He said arecent administrative audit
of the agreement resulted in the requirement for the Shenandoah Valley Workforce Development
Board to revise the agreement. Mr. Tibbs said the localities are financially responsible in the event
that a local workforce development board misuses funds received under this grant, but he pointed
out that the agreement requires the Consortium to ensure that the SVWDB purchase insurance to
cover anymisuse of grant funds, which provides some protection to the localities. He said since
June 30, 2019,$17,487 has been contributed to Frederick County companies through Valley 2
Virginia Registered Apprenticeship Initiative, and there 25 apprentices at five companies.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Wells moved for approval ofthe Ordinance To Provide For The Implementation
Of The Federal Workforce Innovation And Opportunity Act Of 2014 And Authorizing The
Participation Of Frederick County In The Shenandoah Valley Chief Elected Officials Consortium
Under The Auspices Of The Shenandoah Valley Workforce Development Board.Supervisor Dunn
seconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterNo
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PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS
CONDITIONAL USE PERMIT #06-19 FOR LANDFALL LODGE –APPROVED
Mr. Klein provided information on the request for a Conditional Use Permit (CUP) for a
special event facility in the RA (RuralAreas) Zoning District toenable the establishment of aspecial
event center for weddings, business meetings, birthday parties, showers, reunions, charityevents,
and other similar type events.He said the property is located at 350 Chestnut Grove Road,
Winchester, Virginia and is Identified with Property Identification Numbers 30-A-50 and 30-A-50D
in the Gainesboro Magisterial District. He reviewed the conditions recommended by the Planning
Commissionif the CUP were approved.
In response to Supervisor McCarthy’s question, the Applicant, Lowell Henderson, said he
has no intention of building additional structures related to the event center and would not object
to a prohibition of new structures as an added condition of the permit.
Chairman DeHaven opened the public hearing.
JamieMarion spoke on behalf of her parents who are neighbors of the Applicant. She said
she had addressed the Planning Commission with objections to the granting of the CUP including
wear on the road, traffic congestion. She suggested the Applicant add an additional entrance and
that the Applicant be required to route all traffic through their main entrance at 350 Chestnut Grove
Road.
Cory Hammons, tenant of the Applicant, spoke in support of the CUP saying he plans to
build nearby.
Betty Marion, Gainesboro District, reiterated the request for additional conditions that
would address the traffic concerns of some of the neighbors. She added her husband is disabled
and her concern includes emergency vehicle access.
Jamie Marion continued her earlier remarks citing opposition to the CUP.
Lowell Henderson, the Applicant, said traffic will not reach the property belonging to the
Marions.
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Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for approval of Conditional Use Permit #04-19with an
additionalcondition that no new structures or buildings associated with the event center could be
built without a new conditional use permit. 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
Judith McCann-SlaughterAye
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REZONING #02-19 FOR CB VENTURES, LLC. –APPROVED
Ms. Perkins provided information on the request submitted by Greenway Engineering, Inc.
to rezone 1.04+/-acres from the B2 (General Business) District to the B3 (Industrial Transition)
District with profferssaying that the property is located on the south side of Martinsburg Pike (Route
11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81
and is identified by Property Identification Number 43-A-48E in the Stonewall Magisterial District.
Ms. Perkins noted the Applicant’s revised proffers regarding the metal building restriction and the
SCADA system for this small portion of the originally zoned parcel.
Evan Wyatt of Greenway Engineering explainedthe property use will be auto body which
necessitates the B3 zoning.He noted the change to gravity fed sewer rather than a pump station
andsaid the reason for the change in the metal building prohibition is the owner’s request since
there may be some metal features on the block building.
Supervisor McCarthy suggested the proffer language include the phrase that “the building
may not be substantially clad in metal” to clarify the meaning of the prohibition, and Mr. Wyatt was
agreeableto the proposed change.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for approval of the rezoning with the updated proffers and the
additional language that Supervisor McCarthy offered regarding the building not being substantially
clad in metal. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows:
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Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS
REQUEST TO SCHEDULE JOINT WORK SESSION WITH THE PLANNING COMMISSION ON
COMPREHENSIVE PLAN AMENDMENTS-APPROVED
Planning Director Mike Ruddy explainedthe request for a joint work session with the
Planning Commission and Comprehensive Plans & Programs Committee to discuss CPPA #02-
19, Woodside Business Park, and other items. On motion of Vice Chairman Lofton, seconded by
Supervisor Wells, the Board set the joint work session for September 25, 2019, at 5:30 p.m.
immediately prior to the next regular Board meeting on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
BOARD LIAISON REPORTS
Supervisor Wells noted the Parks & RecreationCommissionis seeking suggestions for
names for the new park on Stephenson Road at Clear Brook.
Vice Chairman Lofton praised the work of the Social Services Department noting the recent
zero error rate grade for the County’s case load as determined by the state.
CITIZEN COMMENTS
Brenda Fristoe, Stonewall District, asked the Board to use a window of opportunity
following a blasting accident at Carmeuse to increase the buffer distancebetween Clearbrook Park
and the quarry.She requested that the Board require a 725’ buffer citing the recent incident where
rock fragments travelled 700’ feet reaching Stonewall Elementary School and the nearby Clear
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
13
Brook Park. She added that the Park currently is on lockdown when blasting occurs and said
changing the blasting hours would help the situation.
Victoria Kidd, Shawnee District, said she is a member of the Winchester Pride Committee.
She spoke in favor of best practices for non-discrimination and asked the Board to adopt human
resources policies that will help attract, protect and retain talent from the LGBTcommunity. She
noted many businesses and other jurisdictions such as Alexandria and Arlington have enacted
such policies and encouraged the Board to continue working on the issue.
William Wrightsaid he is a bisexual male and wanted to comment on the recent rescinding
of the anti-discrimination policy by the Board. He thanked Supervisor Trout for trying to keep the
protections in place and said the reason for rescinding the policy was because it was said to violate
state law but that other places like Alexandria and Arlington have such policies. He said being bi-
sexual is nota choice and is not relevant to how he does his job. He said protections against
discrimination are not special rights and should apply to all employees.
Diana DeCleland, Red Bud District, said she is a supporter of the Pride Committee’s efforts
and wonders why Frederick County is falling behind in protecting all with equality.
Mary Bohacek, Shawnee District and pastor of Shenandoah Valley Metropolitan
Community Church,said she has received negative feedback from clergy colleagues around the
nation since the Board rescinded the anti-discrimination policy. She said more damage has been
done by offering the protection and then rescinding it than if it had been left alone, and she asked
the Board to reconsider the policy.
Brian Nuri, Opequon District, said the Board needs to rescind what it rescinded.He said
that Delegate LaRock is using the Dillon Rule to support personal beliefs. He noted that 17
jurisdictions in West Virginia plus several in Virginia already extend the protections the Board
recently rejected.
AmandaKelly, Gainesboro, said most people don’t know that it is not unconstitutional to
discriminate based on sexual orientation. She said the County was just now offering those
protections with the new policy adopted recently, butitshould have always been that way. She
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
14
asked the Board to work on re-offering the protections saying most businesses already offer this
and for the government not to offer it also is ridiculous.
Tabitha Shanholtzer said she is a 50+ year resident of Frederick and is a transgender
woman. She has 40 years’ experience in the construction industry and experienced discrimination
on the job. She said employees should be hired based on their ability their work ethic.
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn said as Chair of the Human Resources Committee he is in discussion
with the Human Resources Director to find policy language that is compatible with state law. He
said a more in-depth discussion will occur in the committee.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor Dunn,the meeting was
adjourned at 8:25 p.m.
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes * September 11, 2019
15
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FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, September 18, 2019
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conferen Room at 107 North Kent Street on
Wednesday, September 18, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven;
Gary Lofton; and non-voting liaisons William Orndoff, Treasurer; and Ellen Murphy,
Commissioner of the Revenue.
Committee Members Absent: Jeffrey Boppe; and Angela Rudolph-Wiseman.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Fina;
Kris Tierney, County Administrator; Rod Williams, County Attorney; Steve Hawkins, Sheriff
Major; Jason Robertson, Parks & Recreation Director; Jon Turkel, Parks & Recreation Assistant
Director; Patrick Barker, EDA Director; Patrick Fly, GIS Manager
Manager.
Others present: none.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.The Purchasing Manager requests an update to the Countys Purcha
November 1, 2019. The changes are permitted under the Virginia
(VPPA) and include the following:
a.Increase the verbal quote minimum from $1,500 to $2,000;
b.Increase the purchase order minimum from $2,500 to $5,000; and
c.Increase the formal solicitation minimum from $50,000 to $70,000
See the attached information, p. 3 6. The committee recommends approval.
2.The Sheriff requests a General Fund supplemental appropriation in the amount of $25,834.85.
This amount represents a carry forward of unspent FY2019 funds f
replacement vehicle. See attached memo, p. 7. The committee recommends approval.
3.The IT Director requests a General Fund supplemental appropriation in the amount of $56,000.
This amount represents PEG funds to update the presentation equi
room. This item was originally approved by the BOS Technology C
local funds are required. See attached information, p. 8 9. The committee recommends
approval.
23
1
4.The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of
$3,000. This amount represents donations received in FY2019 from local b
scholarships to the 2019 Employer Expo participants. No local funds requ
memo, p. 10. The committee recommends approval.
5.The Parks & Recreation Director requests a General Fund supplemental appropriation in the
amount of $50,000 (pending grant award) in order to apply for a PeopleForBikes grant in the
amount of $10,000 with a $40,000 match requirement to be met wit
local funds required. See attached memo, p. 11 12. The committee recommends approval.
6.The Finance Director presents FY 2019 Year End financial informaGeneral
Fund and County Capital Fund supplemental appropriation in the a This
amount represents General Fund fund balance in excess of 20% to apital
Fund. A public hearing is required. See attached information, 26. The committee
recommends forwarding the item to public hearing.
INFORMATION ONLY:
1.The Finance Director provides a Fund 10 Transfer Report for Auguattached, p. 27.
2.The Finance Director provides financial statements ending August
p. 28 38.
3.The Finance Director provides an FY 2019 Fund Balance Report end
See attached, p. 39.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter, Chairman
Charles DeHaven
Gary Lofton
By ___________________________
Cheryl B. Shiffler, Finance Director
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PROPOSED: EFFECTIVE DATE 11/1/19
Purchasing E-Z Guide
$0 – $1,999
Competition is not required, although it is strongly encouraged.
Three verbalquotes(**)shall be sought and are to be listed onQuote Form. Quote
$2,000 – $4,999
form attached to invoices.
$5,000 - $69,999
Four written quotes(**)shall be sought and are to be attached to Quote Form.
(Purchase OrderRequired)*
$70,000 +
Formally advertised solicitation procedures required (IFB/RFP)(**). Contact
(Purchase OrderRequired)*
Purchasing Manager for further guidance.
Complete the Sole Source & Emergency Purchases form and Quote Form. Sole
Sole Source
Source Procurements are for when competition is not available and only one
source is practicably available for the required goods or service.
Complete the Sole Source & Emergency Purchases form and Quote Form.
Emergency Purchases
Emergency Purchasesare for a serious and urgent nature for any amount that
demand immediate actionto protect personal safety, life or property.
Electronic quote requestthrough eVA, allowing you to “bid” out and receive
eVA Quick Quotes
electronic responses. Can be utilized for all quote requirements up to $69,999.
For goods or services over $70,000, when you can clearly identify the goods or
Invitation for Bids(IFB)
services you’re procuring, and you can award to the lowest responsive and
responsible bidder.
For more complex procurements over $70,000, especially services, where you
want to be able to negotiate requirements and pricing after proposals have been
Requests for Proposals (RFP) –
received. Price is just one of many factors to be considered. For goods or services
Competitive Negotiations
when you want vendors to submit proposals on how best to satisfy a procurement
need.
Per the Virginia Public Procurement Act: accounting, actuarial services,
Professional Services
architecture, dentistry, land surveying, landscape architecture, law, medicine,
optometry, pharmacy, or professional engineering
*Purchase Orders are not required for object codes: 1001, 1002, 2000, 3001, 3002, 3005, 3007, 3010, 3011, 5101, 5102,
5103, 5204, 5205, 5300, 5506, 5600, 5700, 5801, 8008, 9001 & 9002.
However, quotes or IFB/RFP are required according to procurement methods.
**Solicitationexemptions: Sole Source Procurement, Emergency Procurement, Procurement from governmental
sources and other public bodies, Surplus Property, Cooperative Purchasing.Quote form still required.
PROPOSED: EFFECTIVE DATE 11/1/19
County of Frederick
Finance Department - Purchasing
107 N. Kent Street, 3 Floor
rd
Winchester, VA 22601
Phone: 540-722-8386
email: mneal@fcva.us
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4
PurchasingPolicy
PurchasingPolicy
7/1/2018
7/1/2018
The following pertain to the purchase of goods and/or nonprofessional services:
Purchases between $1,500 and $4,999 require three (3) verbal quotes.
Purchases between $5,000 and $49,999 require four (4) written quotes.
Purchases $50,000 and greater require formal procurement, i.e. IFB/RFP.
The following pertain to the purchase of professional services:
Purchases $50,000 and greater require formal procurement, i.e. IFB/RFP.
Professional services are defined as work performed by an independent contractor within the scope of the practice of
accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine,
optometry, pharmacy and professional engineering.
Purchase orders are required for ALLpurchases $2,500 and greater. Exceptions are made for existing standing
purchase orders and the following objectcodes: 1001, 1002, 2000, 3001, 3002, 3005, 3007, 3010, 3011, 5101,
5102, 5103, 5204, 5205, 5506, 5600, 5700, 5801, 8008, 9001 and 9002. Verbal quotes should be documented and
submitted with the purchase order requisition. Written quotes should also be submitted with the purchase order
requisition. RFB/RFP dates should be stated on the purchase order requisition.
Formal Procurement:
Department heads shall contact the Finance Department to competitively negotiate professional and non-
professional goodsand services in accordance with the Virginia Public Procurement Act. Bid notices are published
on eVA (as of 4/1/09). Proposal notices are published on eVA and in the Winchester Star (as of 4/1/09).
Exceptions- The Finance Department may procure goods or nonprofessional services without sealed competitive
bidding (see Definitions) or written quotes under the following circumstances:
Purchases with a total estimated cost less than $1,500
Sole Source Procurement (updated 3/1/12)
Upon determination in writing that there is only one source practicably available for a goods or
o
services requirement, a contract may be negotiated and awarded to that source without competitive
sealed bidding or competitive negotiation (ref: Virginia Code §2.2-4303E). Sole source
justification based on a single vendor’s capability to deliver in the least amount of time is not
appropriate since availability alone is not a valid basis for determining a sole source procurement.
$2,500 or greater
For sole-source purchases , requestors must submit a Notice of Sole Source or
Emergency Purchase form, along with the requisition (or other documents as applicable), clearly
greater than
supporting a sole source determination. In addition, for sole-source purchases
$50,000
,Virginia Code §2.2-4303E requires a written notice be publicly posted, stating only one
source was determined to be practicably available, what was being procured, the contractor
selected, and the date the contract was or will be awarded. The sole source public-notice will be
posted on eVA. The written determination and public posting notice shall be included in the
contract file.
Emergency Procurement (updated 3/1/12)
Definition: An emergency is an occurrence of a serious and urgent nature that demands immediate
o
action, for which failure to act immediately will cause appreciable damage to physical facilities or
the mission of the County, or pose an undue safety risk to employees or the community at large.
Emergency procedures may be used to purchase only that which is necessary to cover the
27
requirements of the emergency. Subsequent requirements shall be obtained using normal
5
purchasing procedures. The potential loss of funds at the end of a fiscal year is not considered an
emergency.
Emergency Purchase Procedures: In emergency situations, where an emergency procurement
requires exceeding delegated purchasing authority, departments shall contact the Finance
Department as soon as practicable. In some cases, where emergency action is required before the
Finance Department can be practicably notified, the Notice of Sole Source Purchase or Emergency
Purchase form will be submitted after the emergency is resolved or when contact can be made. In
most cases, the Finance Department should be involved immediately in the emergency
procurement process, since they can help identify emergency, increase limits on pcards, and post
public notices regarding the emergency procurement. Under emergency situations, goods or
services may be procured without competitive sealed bidding or competitive negotiations or other
required informal bidding (negotiating) procedures; however, such procurement shall be made
with such competition as is practicable under the circumstances. For emergency procurements
greater than $50,000
, written determination of thebasis for the emergency and for the selection
of the particular contractor is required. Department heads must submit a signed Notice of Sole
Source Purchase or Emergency Purchase form. The emergency procurement award notice will be
posted on eVA by the Finance Department. The notice must be included in the contract file. For
less than $50,000 and above the purchase order threshold ($2,500)
emergency procurements ,
the Notice of Sole Source Purchase or Emergency Purchase form must be submitted with
applicable documents (i.e., purchase order requisition and/or invoice).
Procurement from governmental sources and other public bodies
Surplus Property
Cooperative Purchasing
U.S. Communities –
The U.S. Communities Government Purchasing Alliance allows local
o
government agencies to piggyback on contracts competitively bid by another public agency.
Frederick County is participating agency; however, each individual user is required to register,
using the County’s federal identification number (), to participate.
www.uscommunities.org
Sourcewell (formerly NJPA)
–member 4 – www.sourcewell-mn.gov
o
National IPA
– agency – www.nationalipa.org/agreements.html
o
HGAC –
ILC – www.hgacbuy.org
o
TIPS –
control #– www.tips-usa.com – Ordering instructions: visit TIPS website to
o
review contracts, contact vendor for TIPS quote, issue PO to vendor, fax PO to TIPS 866-839-
8472, payment to vendor.
NASPO (formerly Western States Contracting Alliance (WSCA)) –
www.aboutwsca.org
o
VERIZON WIRELESS – contract -
http://107.0.130.5/employee_intranet_IP_new/docs/finance/WSCA_Pricing_Sheet
_Verizon.pdf
DISCOUNT CELL – company code: government
www.discountcell.com/discount
TCPN
– online at www.tcpn.org
o
NPPGov –
www.nppgov.com
o
VAState Contract (eVA)
–online at eva.virginia.gov
o
Federal Contracts
– MUST specifically state that local jurisdictions can usethe contract
o
Original adopted by Board of Supervisors 3/22/06, effective 3/23/06.
Revisions:
4/1/09: Written quotes required increased from (3) three to (4) four.
9/9/09: Professional services formal procurement threshold increased from $30,000 to $50,000 and written quote maximum increased from
$29,999 to $49,999.
2/1/13: Professional services quote requirements eliminatedper VPPA 2.2-4303(G).Per Rod Williams, County Attorney, the revision is
allowable.
9/4/13: updated link to VA State Contracts.
11/15/13: added TIPS and WSCA-VerizonWireless, Discount Cellto Cooperative Purchasing; updated link forUS Communities.
5/1/15: added TCPN; updated eVA link
7/1/18: NJPAto Sourcewell; WSCA to NASPO; added NPPGov
28
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DATE August 28, 2019
TO: Cheryl Shiffler, Finance Director
Frederick County
FROM: Patrick Barker, CEcD
Executive Director
RE: FY20 Supplemental Appropriation of unbudgeted revenue received iFY19
The Economic Development Authority (EDA) is requesting a FY20 su
amount of $3,000 to line item 31-081010-5413-000-000 from our FY19 revenue account 31-8102-1911-
07. No local funds are involved. The funds represent monies provided by local businesses for
scholarships for participants at our 2019 Employer Expo, held on
The funds were deposited into our FY19 revenue account (31-8102-1911-07) as follows:
March 4, 2019 - $200
March 27, 2019 - $400
April 3, 2019 - $200
April 4, 2019 - $100
April 18, 2019 - $500
May 7, 2019 - $500
May 13, 2019 - $400
May 28, 2019 - $400
June 3, 2019 - $100
June 17, 2019 - $100
June 25, 2019 - $100
The Employer Expo (part of The Workforce Initiative!) connects jchangers, second
acts, students and parents with hiring managers from companies l
County, and Winchester, Virginia! Twenty-minute workshops focused on resume building, mock
interviewing, and business acumen are offered on the half-hour. Participants who completed all three
workshops were entered into drawings for six $500 scholarships. Training providers are on site, sharing
the latest fast-track program info for local, in-demand careers.
We hope this request can be added to the next Finance Committee agenda. Please advise our office if
you anticipate a delay. Thank you for your consideration.
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FY 2019-2020 BUDGET RESOLUTION
WHEREAS a notice of public hearing and budget synopsis has been
hearing held on March 27, 2019, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of
the Code of Virginia, 1950 as amended.
THEREFORE BE IT RESOLVED by the Board of Supervisors of the Coun
Virginia, that the budget for the 2019-2020 Fiscal Year as advertised in The Winchester Star on
March 19, 2019, be hereby approved in the amount of $463,535,656.
BE IT FURTHER RESOLVED that the County of Frederick budget for t19-2020 fiscal
year be adopted and the funds appropriated as follows:
General Operating Fund$197,546,413
Regional Jail Fund23,238,848
Landfill Fund10,467,653
Division of Court Services Fund 576,649
Shawneeland Sanitary District Fund 1,295,215
Airport Operating Fund1,756,556
Lake Holiday Sanitary District Fund779,998
EMS Revenue Recovery Fund 1,803,958
Economic Development Authority Fund 631,802
School Operating Fund 175,981,549
School Debt Service Fund16,726,869
School Capital Projects Fund 5,300,000
School Nutrition Services Fund 7,378,557
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School Textbook Fund3,126,049
NREP Operating Fund 5,985,540
NREP Textbook Fund40,000
Consolidated Services/Maintenance Fund 3,600,000
School Private Purpose Funds 300,000
County Capital Fund 7,000,000
BE IT FURTHER RESOLVED thatthe Board of Supervisors of the County of Frederick,
Virginia, does herein adopt the tax rates for the 2019 assessment year as follows:
Property Taxes Rates per $100 of assessed value
$0.61 Applied to real estate, including mobile homes
Applied to personal property including
$4.86
business equipment
$2.25 Applied to personal property on one vehicle to
volunteer firefighters that are approved and
registered with the Frederick County Fire and
Rescue Department
$0.01 Applied to aircraft
Zero tax Applied to antique vehicles and mopeds
$2.00 On declining values to be applied to
machinery and tools. The declining values are
60% for year one, 50% for year two, 40% for
year three, and 30% for year four and all
subsequent years.
$2.00 On apportioned percentage of book values to
be applied to Contract Classified Vehicles and
equipment
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Business and Professional Occupational License Rates
Contractors $0.16 per $100 of gross receipts
Retail $0.20 per $100 of gross receipts
Financial, Real Estate, and Professional $0.58 per $100 of gross receipts
Services
Repair, personal and business services $0.36 per $100 of gross receipts
and all other businesses and
occupations not specifically listed or
exempted in the County Code
Wholesale $0.05 per $100 of purchases
The tax rates for other businesses and occupations specifically
are also unchanged.
Other General Taxes
Meals tax 4% of gross receipts
Transient Occupancy tax 3.5% of gross receipts
Vehicle License Taxes $25 per vehicle and $10 per motorcycle
Sanitary Landfill Fees
$50 Per ton for commercial/industrial
$45 Per ton for construction demolition debris
$20 Per ton for municipal waste
$38 Per ton for municipal sludge
$15 Per ton for Miscellaneous Rubble Debris
Shawneeland Sanitary District Taxes
$190Unimproved Lots
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$660Improved Lots
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Lake Holiday Sanitary District Taxes
$678Buildable Lots
$264Unbuildable Lots
Lots owned by Lake Holiday Country Club, Inc.
$0 Buildable Lots and Unbuildable Lots
Star Fort Subdivision Taxes/Fees
$60 Per Lot
Street Light Fees
Oakdale Crossing and Fredericktowne $40 annually
Green Acres $25 annually
BE IT FURTHER RESOLVED that appropriations are hereby authorized
fund, special welfare fund, comprehensive services fund, county
health insurance fund, length of service fund, special grant awards fund, employee benefits fund,
maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax
fund, unemployment compensation fund, Forfeited Assets Program, Four-For-Life Funds, Fire
Programs, and Economic Incentive funds equal to the total cash balance on hand at July 1, 2019,
plus the total amount of receipts for the fiscal year 2019-2020. The County Capital Fundand Fire
Company Capital appropriation will include the current year appron plus any unused funds
at the end of the fiscal year 2019. The County Capital appropriation shall include funds
transferred to other capital funds for classification purposes.
BE IT FURTHER RESOLVED that funding for all outstanding encumbrae 30, 2019,
are re-appropriated to the 2019-2020 fiscal year to the same department and account for which
they are encumbered in the 2018-2019 fiscal year.
BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a
carryforward in the amount that equals the approved original pro
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encumbrances through June 30, 2019.
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BUDGET TRANSFERS AUGUST 2019 Page 1
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
8/7/2019AGRICULTUREADDITIONAL FUNDS FOR STORAGE FACILITY RENTAL83015401000000 (53.00)
AGRICULTURE83019002000000 53.00
8/12/2019COUNTY OFFICE BUILDINGS/COURTHOUSEFREDERICK COUNTY MIDDLE SCHOOL CLEANUP VANDALISM43043004000007 (500.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000010 500.00
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000006 (1,520.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000010 1,520.00
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000003 (1,500.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43043004000010 1,500.00
8/12/2019REASSESSMENT/BOARD OF ASSESSORSFUNDING ADDITIONAL SALARY12105204000000 (6,102.00)
REASSESSMENT/BOARD OF ASSESSORS 12101001000001 6,102.00
8/14/2019COMMONWEALTH'S ATTORNEYB.A.8/14/19 PT TO FT22011003000001 (56,806.00)
COMMONWEALTH'S ATTORNEY22011001000012 56,806.00
8/19/2019SHERIFFREPLACE ITEMS & EQUIPMENT FOR MOBILE COMMAND POST31023004000002 (39,073.26)
SHERIFF 31028003000000 39,073.36
8/29/2019FIRE AND RESCUESUPERION LLC CHG.35053010000000 (1,189.08)
FIRE AND RESCUE 35053005000000 1,189.08
8/30/2019INFORMATION TECHNOLOGYPROMOTIONS 8/1912205506000000 (3,646.51)
INFORMATION TECHNOLOGY 12201001000026 3,646.51
SHERIFF31021001000003 (5,984.52)
SHERIFF 31021002000036 5,984.52
INSPECTIONS34011005000000 (2,500.00)
INSPECTIONS 34011001000040 2,500.00
FIRE AND RESCUE 35051007000001 (3,680.00)
FIRE AND RESCUE35051001000114 3,680.00
FIRE AND RESCUE35051007000001 (3,678.69)
FIRE AND RESCUE 35051001000117 3,678.69
FIRE AND RESCUE 35051007000000 (1,750.00)
FIRE AND RESCUE35051001000001 1,750.00
FIRE AND RESCUE 35051007000001 (4,690.99)
FIRE AND RESCUE 35051001000130 4,690.99
FIRE AND RESCUE35051007000001 (3,670.45)
FIRE AND RESCUE 35051001000109 3,670.45
FIRE AND RESCUE35051007000001 (4,326.91)
FIRE AND RESCUE35051001000110 4, 326.91
FIRE AND RESCUE 35051007000001 (3,676.98)
FIRE AND RESCUE 35051001000119 3,676.98
9/3/2019SHERIFFCOVER FUNDING FOR PROMOTION31021001000064 (5,417.42)
SHERIFF31021002000047 5,417.42
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REPORT to the BOARD OF SUPERVISORS
Wednesday September 25, 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: September 11, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on September 10, 2019. Members present were:
Guss Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Christopher Fordney
Charles Sandy, Jr., Ronald Madagan, and Randy Carter, Mr. Robert Well (non-voting Board
Liaison).
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1.The Buildings and Grounds Committee made a motion to bring forth the current
names of the Clearbrook ballfields (Frey, Franklin, Roper, Cole) to the new Stephenson
Road ballfields and give the existing ballfield signs to the honored families or
businesses, seconded by Mrs. Strosnider, carried unanimously (8-0).
ITEMS SUBMITTED FOR INFORMATION ONLY
1.Mr. Madagan made a motion to apply for the PeopleForBikes grant,
Longerbeam, carried unanimously (8-0). This recommendation will be forwarded to
the Finance Committee prior to requiring Board of Supervisor action.
2. Mr. Madagan made a motion to utilize proffer funds in the amount
contingent upon grant award, seconded by Mr. Morrison, carried u-0).
This recommendation will be forwarded to the Finance Committee prior to requiring
Board of Supervisor action.
3.The Building and Grounds Committee made a motion to accept standardized signs for
the entrances to all parks similar to the existing Rose Hill and Frederick Heights Park
signs, seconded by Mrs. Gerometta, carried unanimously (8-0).
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors Non-Voting Liaison
63
FREDERICK COUNTY COMMISSION FOR PARKS AND RECREATION
September 10, 2019
Lawrence Shelter-Clearbrook Park
3300Martinsburg Pike, Clear Brook, VA 22624
Members Present:Gary Longerbeam,Charles Sandy, Jr., Amy Strosnider, Ronald Madagan,
Guss Morrison,Randy Carter,Christopher FordneyNatalie Gerometta,Mr.
Robert Wells (Non-Voting Board Liaison)
Staff:Jason Robertson, Jon Turkel,Stacy Herbaugh,Cory Smith
Call to Order
The meeting was called to order at 7:03p.m. by Mr. Charles Sandy.
Approval of August 13,2019Meeting Minutes
Mr.Morrisonmoved to approve the minutes as submitted,second by Mr. Madagan,carried
unanimously(8-0).
Adoption of Agenda
Mr. Robertson amended the agenda to include an itemregarding the Bike Park Grant and Proffer
request to New Business.Mr. Longerbeammade a motion to approve the revised agenda, seconded
by Mr. Morrison, carriedunanimously (8-0).
OldBusiness
None
New Business
The Department is seeking recommendationto the Finance Committeefor authorization to submita
PeopleForBikes grant application for a bicycle skills park at Sherando Park, and for a supplemental
appropriation of Parks and Recreation proffer fundsin the amount of $40,000 contingent upon grant
award. The application is due October 18, 2019. Mr.Sandy had asked Mr. Turkel to reach out to a
similar park in the Richmond area to discuss usage and maintenance and the report was favorable on
64
Parks & Recreation Commission Meeting
Page 2
September 10, 2019
both accounts.
Mr. Madagan made a motion to apply for the grant, seconded by Mr. Longerbeam, carried
unanimously (8-0).
Mr. Madagan made a motionto utilize proffer funds in the amountof $40,000 contingent upon
grant award, seconded by Mr. Morrison, carried unanimously (8-0).
Monthly Reports
Mr. Robertsonreported as follows:
A staff report is included in the packet however some highlights:
James Ruffner started as a fulltime Customer Service Technician September 3
Ashley Martin started as a fulltime Administrative Assistant September 3
Our new Maintenance Specialist Jacob Ritenourbegan August 30
th
The 6Annual Parks and Pets Extravaganza is on October 5. The event will be at Cleabrook
Park and pool this year.
basicREC averaged 727 kids daily in August to start the school year which is slightly up
compared to August 2018. The program also won The Winchester Star’s Best Activity
award
The Youth Sports Scramble had 22 foursomes registered
Bowman Lakeculvert was repaired in August lowering water in the lake significantly
Sherando Pak Northwest parking lot opened for Labor Day Weekend.The restroom was
installed on September10, 2019.
The Board of Supervisors approved the Parks and Recreation Proffer request for a Swing Set
at Rose Hill and Pickleball Court at Frederick Heights on August 14. Staff is working on
both projects.
Jon Turkel attended the NRPA Director’s School in August.
The Department is seeking public input on names for the new ballfield complex located on
StephensonRoad.The top suggestions will be presented to the Board of Supervisors for
their selection in October.
Standing Committee Report
Buildings and Grounds-September 3, 2019:
1.The Committee made a motion to bring forth the current names of the Clearbrook ballfields
to the new Stephenson Road ballfields and give the existing signs to the honored families or
65
businesses, seconded by Mrs. Strosnider, carried unanimously (8-0).
Parks & Recreation Commission Meeting
Page 3
September 10, 2019
2.The Committeemade a motion to accept standardized signs for the entrancesto all parks
similar to the existing Rose Hill and Frederick Heights Park signs, seconded by Mrs.
Gerometta, carried unanimously(8-0).
3.The Committee discussed directional signage for parks and felt no signs were needed at this
time.
4.Staff met with the Civitan Group to discuss a partnership for an inclusive playground for
Northwest Sherando Park. The Committee express interest in the partnership but would like
to revisit the discussion later in the year before committingany funds.
Information Items
Ms. Herbaugh provided an update on the FY 19 budget, $99,322 wasreturned to theCounty’s
General Fund.
Adjournment
Mr. Sandyadjourned the meeting at 7:28p.m.
Respectfully submitted,
Charles R. Sandy,Chairman
Jason L. Robertson, Director
66
67
COUNTY of FREDERICK
Office of the County Administrator
M E M O R A N D U M
To: Frederick County Board of Supervisors
From:Ann W. Phillips, Deputy Clerk to the Board of Supervisors
Date:9-19-19
Re:Request by the Alliance for the Shenandoah Valley for Letter of
Supportfor State Cost-Share Funding for Stormwater and
Agricultural Best Management Practices
_____________________________________________________________
The Alliance of the Shenandoah Valley, in concert with the Virginia
Conservation Network, is requesting the Board provide a letter of support
addressed to Governor Northam regarding state cost-share funding for
stormwater and agricultural best management practices.The request is similar
to one received and granted by the Board in October 2018.
A draft letter is provided for your consideration.
107 North Kent StreetWinchester, Virginia 22601
68
COUNTY of FREDERICK
#§ ±«¤² 3 $¤( µ¤þ *± Chairman 2®¡¤±³ 7 7¤««²
Opequon District
' ±¸ ! ,®¥³® Vice Chairman "« ¨¤ 0 $´
Red Bud District
3§ ® ' 4±®´³
Back Creek DistrictShawnee District
* $®´¦« ² -¢# ±³§¸ *´£¨³§ -¢# -Slaughter
Gainesboro DistrictStonewall District
September 26, 2019
The Honorable Ralph Northam
Governor of Virginia
P.O. Box 1475
Richmond, VA 23218
Dear Governor Northam:
On behalf of the County of Frederick, I am writing to request that your
Administration commit to working with the General Assembly to provide sufficient
state funding to assist local governments, farmers and other landowners in
improving water quality and meeting Virginia’s commitment under the Chesapeake
Bay Clean Water Blueprint goals.
Specifically, we respectfully request inclusion of the following in your biennial
budget:
$100 million per year for the Virginia Agricultural Cost-Share Program
(VACS
) to address the needs documented in Department of Conservation and
Recreation’s 2018 Agricultural Needs Assessment. Practices like fencing cattle
out of streams and planting streamside buffers are among the most cost-
effective steps Virginia can taketo restore the Bay and local waterways.
Consistent and adequate annual funding for VACS is needed to ensure Virginia
farmers have the resources to implement these conservation practices.
$80 million per year for the Stormwater Local Assistance Fund (SLAF).
SLAF provides critical matching funds to local governments like ours to help
install urban best management practices. Consistent and adequate funding for
stormwater assistance programs results in stormwater projects that have broad
ranging benefits including clean and healthy local waterways, increased
tourism, beautified community parks and reduced flooding.
107 North Kent Street Winchester, Virginia 22601
69
Phone 540.665.6382Fax 540.667.0370
The Honorable Ralph Northam
September 26, 2019
Page 2
The benefits of investing in these stormwater and agricultural programs—
decreased drinking water treatment costs, reduced local flooding and growth of our
regional tourism —far exceed the public investment. The programs improve
Virginia’s economy, communities, ecology, and quality of life. Consistent and
adequate year-to-year funding for these programs is needed to ensure we can get
this work done and maximize benefits to our local waterways and Virginia
communities.
We look forward to helping Virginia achieve its 2025 Bay clean-up goals while
furthering the health and well-being of our citizens.
Yours truly,
Charles S. DeHaven, Jr.
Chairman At-Large
70
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Memorandum
To: Frederick County Board of Supervisors
From: Mark R. Cheran, Zoning and Subdivision Administrator
Date: September 18, 2019
RE: Quincy Mill Court
The following additions to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby requested;
the right-of-way for which, including additional easements for cuts, fills and
drainage, as required, is hereby guaranteed:
Quincy Mill Court, State Route Number 1608 0.17 miles
Staff is available to answer any questions.
MRC/dlw
76
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF
SUPERVISORS
The Board of Supervisors of Frederick County, in regular meeting on the 25th day of
September, adopted the following:
WHEREAS,
the streets described on the attached Form AM-4.3, fully incorporated
Court of Frederick County; and
WHEREAS,
the Resident Engineer of the Virginia Department of Transportation has
advised this Board 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 Transportation have entered
into an agreement on June 9, 1993, for comprehensive stormwater detention which
applies to this request for addition; and
NOW, THEREFORE, BE IT RESOLVED,
this Board requests the Virginia
Department of Transportation to 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
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED,
this Board guarantees a clear and unrestricted right-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.
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Robert W. Wells
Blaine P. Dunn Shannon G. Trout
Judith McCann-Slaughter
A COPY ATTEST
_____________________________
Kris C. Tierney
Frederick County Administrator
PDRes. #20-19
77
In the County of Frederick
By resolution of the governing body adopted September 25, 2019
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
A Copy Testee Signed (County Official): ____________________________________________
Report of Changes in the Secondary System of State Highways
Project/Subdivision The Kendall Mills
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute:33.2-705,33.2-334
Street Name and/or Route Number
Quincy Mill Court, State Route Number 1608
Old Route Number: 0
From: Route 1665, Riley Mill Lane
To: 0.17 mile southwest of Route 1665, Riley Mill Lane, a distance of: 0.17 miles.
Recordation Reference: Instrument #080004902, Page 0187
Right of Way width (feet) = 50'
78
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: September 25, 2019 Page 1 of 1
79
315TaskerRoadPH(540)8681061EricR.Lawrence
StephensCity,Virginia22655Fax(540)8681429ExecutiveDirector
www.FrederickWater.com
August27,2019
KrisTierney
CountyAdministrator
FrederickCounty
107N.KentStreet
Winchester,Virginia22601
RE:RevisionstotheArticlesofIncorporation
FrederickWater
DearKris:
DuringtheFrederickCountySanitationAuthoritydbaFrederickWater(FW)monthlyBoardof
DirectorsmeetingonAugust20,2019,theFWBoarddiscussedandendorsedafewminor
revisionstotheirArticlesofIncorporation.TheprimaryrevisionisintendedtoenableFWto
ownsewagetreatmentfacilitiesinthefuture.Therevisionalsoincludesastatementwhich
renewsCxtermofexistencefor50years.TheFWBoardrequestedthatIforwardthe
endorsedrevisionstotheCounty,andseekthe/Ò·äxapprovaloftherevisedArticlesof
Incorporation.PleaseacceptthiscorrespondenceastheCxrequestforCountyactionon
therevisedArticlesofIncorporation.
FWisapublicbodyandaninstrumentoftheCommonwealthofVirginia,organizedunder
VirginiaWaterandWasteAuthoritiesAct,beingChapter28,Title15.2,andCodeofVirginiaof
1950,asamended{·w;!-·|uFWwascreatedbyactionoftheBoardofSupervisorsof
FrederickCounty,VirginiaandwascharteredbytheStateCorporationCommissiononAugust1,
1967.TheBoardofSupervisorscreatedtheFWArticlesofIncorporation,andamendedsame
onanumberofoccasionssince1967.Mostimportantly,asanauthority,FWmakesnoprofit
anditsoperationsandfinancesareindependentofFrederick/Ò·äxtaxsupportedservices.
80
WaterAtYourService
Page2
RevisionstotheFrederickWaterArticlesofIncorporation
KrisTierney,CountyAdministrator
August27,2019
Theoriginal1967ArticlesofIncorporationdidnotrestrictCxownershipofsewagetreatment
facilities.Througheffortsinthemid1970stosecurefundingforaregionalsewagetreatment
facility,ownershipofsewagetreatmentfacilitieswasshiftedtotheFrederickWinchester
ServiceAuthority.Thisownershipresponsibilitywasreaffirmedin2001whenthecreationof
theCrookedRunWastewaterTreatmentPlantwasbeingpursuedfortheShenandoah(aka
LakeFrederick)development.AsFWpreparesforasewagetreatmentneedsstudyforthenext
20+yearhorizon,thestudyshouldnotberestrictedbyownership;FWshouldbeenabledto
afuturesewagetreatmentfacilityifthestudydeemssuchownership
constructandown
appropriateandadvantageous.
FWalsoseekstorenewitstermofexistenceforfiftyyears.ThistermrenewalwillpositionFW
toplanforthelongtermwaterandsewerneedsofthecommunity,andensurefinancing
institutionsthatFWwillcontinuetoexistandhonorallassociatedbondobligations.
ThankyouforyourconsiderationoftheserequestedrevisionstotheFrederickCounty
SanitationAuthoritydbaFrederickWaterArticlesofIncorporation.
Pleaseletmeknowifyouhaveanyquestions.
Sincerely,
EricR.Lawrence
ExecutiveDirector
Cc:CharlesS.DeHaven,Jr.,Chairman,BoardofSupervisors
RodWilliams,CountyAttorney
Attachment:ProposedRevisionstotheFWArticlesofIncorporation
OriginalFCSAArticleofIncorporation,April10,1967
AmendedFCSAArticleofIncorporation,January11,2017
81
FREDERICK COUNTY SANITATION AUTHORITY
ARTICLES OF INCORPORATION
Page 1
ARTICLES OF INCORPORATION
OF THE
FREDERICK COUNTY SANITATION AUTHORITY
-PROPOSED REVISIONS AUGUST 26, 2019-
In compliance with the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code
of Virginia, 1950, as amended), the Board of County Supervisors of Frederick County, Virginia, pursuant
to an Articles of Incorporation resolution dated April 10, 1967, created the sanitation authority. The
Articles of Incorporation are amended, and are restated as follows:
(a) This Authority is formed under the Virginia Water and Waste Authorities Act, its name
shall be "FREDERICK COUNTY SANITATION AUTHORITY", and the address of its principal office
shall be: 315 Tasker Road, Stephens City, Virginia.
(b) The name of the incorporating political subdivision is FREDERICK COUNTY,
VIRGINIA. There shall be five (5) members the Board of Directors of the Authority, each of whom shall
maintain a residence in Frederick County, Virginia. The names and addresses of the members of the
Board of Directors of the Authority shall be maintained in the County Administrator’s Office. The
expiration of the term of office of each member is as follows:
MEMBER EXPIRATION OF
TERM OF OFFICE
Member 1 April 15, 2017
Member 2 April 15, 2018
Member 3 April 15, 2019
Member 4 April 15, 2020
Member 5 April 15, 2020
The successor of each member shall be appointed by the Board of County Supervisors for a term
of four (4) years and until his successor shall be duly appointed and qualify, except that any person
appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly
appointed and qualify. Any member of the Board of Directors of the Authority shall be eligible for re-
appointment.
82
FREDERICK COUNTY SANITATION AUTHORITY
ARTICLES OF INCORPORATION
Page 2
Members of the Board of Directors of the Authority shall serve with compensation as
shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual
expenses necessarily incurred in the performance of his duty.
(c) The purpose for which the Authority is created is the acquisition, construction and
maintenance of (a) an integrated water system for supplying and distributing water in Frederick County
and (b) an integrated sewer system for conveying and treating sewage in Frederick County, and for the
purpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act, except that
the power of the Authority to acquire, construct, operate or maintain facilities for treatment of sewage
is restricted to operation, construction and maintenance of sewage treatment facilities provided they
are owned by Frederick-Winchester Service Authority, which must approve such role of the Authority.
(d) The Authority shall have a term of existence for fifty years from the date of this
amendment and for such period or periods as may from time to time be provided by resolution of the
Board of Supervisors of Frederick County.
No other authority has been created, under the provisions of the Virginia Water and
Waste Authorities Act, serving the whole or any part of the same area, and none of the powers granted by
said Act shall be exercised by the Authority in the construction, improvement, maintenance, extension or
operation of any project or projects which in whole or part shall duplicate existing utilities, public or
private, serving substantially the same purposes and area.
IN WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating
said Authority, has caused these Articles of Incorporation to be executed by the Chairman of its Board of
County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and
attested by the Clerk of said Board this _____ day of _________ January, 2017, 2019.
Chairman, Board of County Supervisors
of Frederick County, Virginia
Attest:
83
FREDERICK COUNTY SANITATION AUTHORITY
ARTICLES OF INCORPORATION
Page 3
Clerk, Board of County Supervisors
of Frederick County, Virginia
84
85
86
87
AmendedFWArticleofIncorporation
88
89
90
91
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96
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98
COUNTY of FREDERICK
Jay E. Tibbs
Deputy County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jtibbs@fcva.us
TO: Board of Supervisors
FROM: Jay E. Tibbs., Deputy County Administrator
DATE: September 17, 2019
RE: Request to participate in VPSA bond sale for additional appropriation of $3.2 million
for replacement Robert E. Aylor Middle School
Attached for the Boards consideration is a request from Frederick County Public Schools to
participate in a future Virginia Public Schools Authority bond sale program for the additional $3.2
million for the replacement Robert E. Aylor Middle School. As you might recall, the Board of
Supervisors, at is July 10, 2019 meeting, approved the appropriation of the additional $3.2 million.
Frederick County Public Schools is seeking to obtain the $3.2 million through a the VPSA bond sale
program. The first step in this process is for the governing body of the locality to authorize a public
hearing on the authorization of the borrowing.
The request before the Board is to schedule a public hearing at its October 23, 2019 meeting. Staff
is seeking Board approval on the request for public hearing.
Should you have any questions, please do not hesitate to contact me.
Attachments
99
107 N-5000
Executive Director of FinancePatty Camery
cameryp@fcpsk12.net
TO:Jay Tibbs, Deputy County Administrator
FROM:Patty Camery, Executive Director of Finance
DATE:September 9, 2019
SUBJECT:Robert E. Aylor Middle SchoolAdditional Appropriation of $3,200,000
The School Board requests the participation in a future Virginia Public Authority (VPSA) bond sale
program for the additional appropriation of $3,200,000 for the replacement Robert E. Aylor Middle School
approved by the Board of Supervisors at their July 10 meeting.
To begin the governing body approval process, a public hearing is required and is requested to be set for
September 25, 2019after which an approving resolution can be considered by the Board of Supervisors.
Notice of the public hearing must be published September 11and 18in in order to
The WinchesterStar
meet the requirements set by Code of Virginia §15.2-2606.If this date is not realistic and you prefer to
taketherequest to the October 9 meeting, the notice of public hearing would needto be published on
September 25 and October 2. The approving resolution is being prepared by bond counsel.
Please contact me if you have questions. Thank you.
cc: David T. Sovine, Ed.D., Superintendent
Kris C. Tierney, County Administrator
Cheryl Shiffler, Frederick County Finance Director
T.W. Bruno, Bond Counsel
100
1415 Amherst Streetwww.frederick.k12.va.us540-662-3889, ext. 88105
P.O. Box 3508
Winchester, Virginia 22604-2546
101
102
103
104
105
APPLICATION FOR OUTDOOR FESTIVAL PERMIT
COUNTY OF FREDERICK, VIRGINIA
(Please Print Clearly)
APPLICANT INFORMATION
Name of Applicant: ______________________________________________________________________
WavelandFarm,LLCandCynthiaJ.Layman
Telephone Number(s): _________________ _________________
(540)665-0050
x
homeofficecellhomeofficecell
c/oThomasMooreLawson,Esquire,P.O.Box2740,Winchester,VA22604
Address: _________________________________________________________________________________
Contact Email: ________________________________________________________________
tlawson@lsplc.com
FESTIVAL EVENT ORGANIZATIONAL INFORMATION
Festival Event Name of Festival: _________________________________________________________
Wedding
Cost of Admission to Festival: ______________
Business License Obtained:
None
YesNo
x
Maximum No. Estimated No.
Start End
Date(s) of Tickets Offered of Attendees
Time Time
For Sale Per Day Per Day
11:00am
75
9/14/1910:30pmN/A
11:00am
10:30pm
125,52
9/21/19,9/28/19
N/A
100,125
11:00amN/A
10:30pm
10/5/19,10/19/19
Location Address: ______________________________________________________
1211MarlboroRoad,StephensCity,VA
Owner Name(s): _____________________________________________________________
WavelandFarm,LLCandCynthiaJ.Layman
of Property
Address: ________________________________________________________________
1215MarlboroRoad,StephensCity,VA22655
(*N: Applicant may be required to provide a statement or other docthe owner(s) for use of
OTE
the property and related parking for the festival.)
Promoter Name(s): _____________________________________________________________
WavelandFarm,LLC
Address: _____________________________________________________
sameasabove
(*N: For festivals other than not-for-profit, promoter may need to check with the Frederick County Commissioner of Reve
OTE
determine compliance with County business license requirements;
Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in V
Financial Name(s): _____________________________________________________________
WavelandFarm,LLC
Backer
Address: ____________________________________________________________________
sameasabove
Performer Name of Person(s) or Group(s): _________________________________________________
tobedetermined
________________________________________________________________
106
________________________________________________________________
(*N: Applicant may need to update information as performers are booked for festival
OTE
FESTIVAL EVENT LOGISTICS INFORMATION AND DOCUMENTATION
1. Attach a copy of the printed ticket or badge of admission to the festiv, containing the date(s) and time(s) of such
festival (may be marked as sample ). copy attachedORcopy to be provided as soon as available
x
2. Provide a plan for adequate sanitation facilities as well as garl for persons at the
festival. This plan must meet the requirements of all state and
be approved by the VA Department of Health (Lord Fairfax Health
_____________________________________________________________________________________
Covereddumpstersandportablerestrooms.
________________________________________________________________
________________________________________________________________
3. Provide a plan for providing food, water, and lodging for the persons at the festival. This pla
requirements of all state and local statutes, ordinances, and re
Department of Health (Lord Fairfax Health District).
________________________________________________________________________________
Qualifiedfoodvendors.
________________________________________________________________
________________________________________________________________
4. Provide a plan for adequate medical facilities for persons at the festiv. This plan must meet the requirements of all
state and local statutes, ordinances, and regulations, and must approved by the County Fire Chief or Fire Marshal
and the local fire and rescue company.
________________________________________________________________
StephensCityFireandRescue
________________________________________________________________
_________________________________________________________________________________
5. Provide a plan for adequate fire protection. This plan must mee
ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and
rescue company.
________________________________________________________________
StephensCityFireandRescue
________________________________________________________________
________________________________________________________________________________
6. Provide a plan for adequate parking facilities and traffic contr
submitted.)
________________________________________________________________
Fieldparkingwillbeavailableattheproperty.Pleaseseetheattacheddiagram.AFrederickCountySheriff
________________________________________________________________________________
willdirecttrafficduringevents.Accesstothepropertywillbelimitedtoright-in/right-outonlytoandfrom
________________________________________________________________
MarlboroRoad.AccesstothepropertyviaAbigailWaywillbeblocked.
YES NO
7. State whether any outdoor lights or lighting will be utilized:
x
If yes, provide a plan or submit a diagram showing the location of such light
boundaries and neighboring properties. In addition, show the lo
prevent unreasonable glow beyond the property on which the festival is located.
________________________________________________________________
________________________________________________________________
________________________________________________________________
YES NO
8. State whether alcoholic beverages will be served:
x
If yes, provide details on how it will be controlled.
________________________________________________________________
Alcoholwillbeservedbyalicensedbartender.Customersofthevenuewillberequiredtoprovidean
________________________________________________________________
ABClicensefortheirevent.
___________________________________________________________________
(N: Evidence of any applicable VA ABC permit must also be provided amay need to confirm with
107
OTE
the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is
open to the general public upon payment of the applicable admiss
FESTIVAL PROVISIONS
Applicant makes the following statements:
A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any
twenty-four (24) hour period, such twenty-four (24) hour period to be measured from the beginning
of the first performance at the festival.
B. Music shall not be played, either by mechanical device or live p
the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located.
C. No person under the age of eighteen (18) years of age shall be a
accompanied by a parent or guardian, the parent or guardian to r
times. (N: It may be necessary to post signs to this effect.)
OTE
D. The Board, its lawful agents, and/or duly constituted law enforc
to go upon the property where the festival is being held at any time for the purpose of determi
compliance with the provisions of the County ordinance.
CERTIFICATION
I, the undersigned Applicant, hereby certify that all information, statements, and documents
provided in connection with this Application are true and correct to the best of my knowledge. In
addition, Applicant agrees that the festival event and its atten
of the Frederick County ordinance pertaining to festivals as welfestival provisions contained
herein.
___________________________________
Signature of Applicant
CynthiaJ.Layman,asManagerofWavelandFarm,LLCand
___________________________________
individually
Printed Name of Applicant
Date: __________________________________
August29,2019
TB
HE OARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE
108
-.
UPON NONCOMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS
110
COUNTY ofFREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
M. Tyler Klein, AICP, Senior Planner
SUBJECT:
Ordinance Amendment –Public Utilities including utility-scale solar power
generating facilities
DATE:
September 18, 2019
This is a proposed amendment to Chapter 165 –ZoningOrdinancetoprovide:
1.Adefinition for “Public Utilities” that includes utility-scale solar power energy generating
facilities; and
2.Additional regulations for specific uses thatrequiresutility-scale solar generating energy
facilities to makearrangements, including financial security, for decommissioning
consistent with/as required by the Code of Virginia, and site plan review/approval onlyfor
utility-scale solar power generating facilities.
This item was proposed by the County Attorney and Staff and discussed by the DRRC atitsJune
27th, July 25th, and August 22nd regular meetings. The DRRC agreed with the proposed changes
from August 22nd, and the item was forwarded to the Planning Commission for discussion. At its
September 4th meeting, the Planning Commission forwardedthis item to the Board of Supervisors.
During 2018, the Board of Supervisors considered a stand-alone Zoning Ordinance text
amendment to add a definition and specific supplemental use regulations for “Solar (Photovoltaic)
Energy Facilities”.Under the 2018 draft amendment, solar energy facilities would have required
an approved conditional use permit (CUP) prior to the establishment of the use. In their discussion,
the Board directed Staff to provide additional information regarding the removal of equipment
when a solar facility is no longer in operation (i.e. decommissioning).This amendment was not
moved forward. TheCounty Attorney and Staff subsequently provided a determination that utility-
scale solar power generating facilities would qualify aspublic utility facilities under the County’s
existing by-right allowance for “public utility” facilities in various County zoning districts,
including the RA (Rural Areas) Zoning District. Specifically, under applicable state law, utility-
scale solar power generating facilities qualify as “public utility” facilities.
Thecurrent proposed amendmentwas preparedto be consistent with the abovedetermination. This
approach was endorsed by the DRRC and Planning Commission, respectively.Staff would note
111
and the County Attorney has concurred, that should the Board of Supervisors desire, the
determination would not prevent the Board from moving utility-scale solar power generating
facilities from by-right status to conditional use status in one or more zoning districts. The Board
could accomplish this simply by specifically excluding utility-scale solar power generating
facilities from the permitted uses in designated zoning districtsand placing it as a “conditional
use” in the appropriate section.The language in the proposed amendment in fact already would
exclude utility-scale solar power generating facilities entirely in the RP(Residential Performance),
MH1(Mobile Home),R4 (Residential PlannedCommunity), R5(Residential Recreational
Community), and HE(Higher Education)Zoning Districts.
In addition, the General Assembly amended the Code of Virginia (§15.2-2241.2), effective July 1,
2019, to require financial arrangements for the decommissioning of solar energy facilities. To
address this legislation,Staff has prepared the additional regulations for specific uses section of
the proposed amendment.
The attached document shows the existing ordinance with the proposed changessupported by the
Staff is seeking direction from the Board of Supervisors
DRRC (with bold italic for text added).
on whether to forward this Zoning Ordinance text amendmentfor public hearings.
Attachments:1.Revisedordinance with additions shown in bold underlined italics.
2.Code of Virginia §15.2-2241.2
3.Memo to the Board of Supervisors, July 26, 2018
4.Resolution
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Revised 8/28/19
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
Public Utilities
Power generating facilities, booster or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities (including utility-scale solar power generating facilities), and
sewer and water treatment facilities including sewer and water transmission lines. Such facilities may
be
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities
1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the
Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick
Water County Sanitation Authority for public utility purposes shall be as follows:
A. In all zoning districts, the Zoning Administrator shall have the authority to determine the
minimum lot size necessary for such public utilities and the appropriate setbacks for such lots
used for public utility purposes.
B. Such lots shall be exempt from the individual on-site sewage disposal system requirements.
C. Such lots may be accessed by private access easements; any such easement shall be a minimum
of 15 feet in width.
D. For Public Utilities Utility-Scale Solar Power Generating Facilities a site plan, in accordance
with Article VIII, shall be submitted to and approved by Frederick County, prior to the
establishment of the use.
2. Public Utilities - Utility-Scale Solar Power Generating Facilities. Any owner, lessee, or developer of
real property for the purposes of solar power energy generation shall enter into a written agreement,
prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities,
or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia.
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ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
§ 165-401.02. Permitted Uses
Q.
Public utility generating, booster, or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities, and lines
owned by public facilities, railroad companies or public agencies. Public Utilities
Part 402
RP Residential Performance District
§ 165-402.02. Permitted Uses
B. Structures and land shall be used for one of the following uses:
(6)
Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles,
lines, distribution transformers, pipes, and meters. Public Utilities excluding utility-scale solar power
energy generating facilities.
Part 403
MH1 Mobile Home Community District
§ 165-403.02. Permitted Uses
H.
Public utilities including poles, lines, distribution transformers, pipes and meters, water and sewer
facilities and lines. Public Utilities excluding utility-scale solar power energy generating facilities.
ARTICLE V
Planned Development Districts
Part 502
R5 Residential Recreational Community District
§165-502.04. Permitted uses.
P.
Public sewer and water facilities and lines. Public Utilities excluding utility-scale solar power energy
generating facilities.
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ARTICLE VI
Business and Industrial Districts
Part 602
B1 Neighborhood Business District
§165-602.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 603
B2 General Business District
§165-603.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 604
B3 Industrial Transition District
§165-604.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 606
M1 Light Industrial District
§165-606.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 608
EM Extractive Manufacturing District
165-608.02. Permitted Uses.
§
K. Public utilities, including poles, lines, distribution transformers, pipes, meters, and sewer facilities.
Public Utilities.
Part 609
HE Higher Education District
§165-609.02. Permitted uses.
B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and
meters. Public Utilities excluding utility-scale solar power energy generating facilities.
115
CHAPTER 743
An Act to amend the Code of Virginia by adding a section numbered , relating to rezoning and site plan
15.2-2241.2
approval; decommissioning solar energy equipment, facilities, or devices.
[H 2621]
Approved March 21, 2019
Be it enacted by the General Assembly of Virginia:
15.2-2241.2
1. That the Code of Virginia is amended by adding a section numbered as follows:
§. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices.
15.2-2241.2
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real
property that has been determined by the locality to be subject to § and therefore subject to this section.
15.2-2232
"Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities,
or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property
disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the
purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan,
any locality shall
an owner, lessee, or developer of real property subject to this section to enter into a written agreement to
require
decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party
that enters into such written agreement with the locality defaults in the obligation to decommission such equipment,
facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of
the record title owner of such property without further consent of such owner and to engage in decommissioning and
(ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of
certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional
engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing
decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected
cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and
an annual inflation factor.
116
CHAPTER 744
An Act to amend the Code of Virginia by adding a section numbered , relating to rezoning and site plan
15.2-2241.2
approval; decommissioning solar energy equipment, facilities, or devices.
[S 1091]
Approved March 21, 2019
Be it enacted by the General Assembly of Virginia:
15.2-2241.2
1. That the Code of Virginia is amended by adding a section numbered as follows:
§. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices.
15.2-2241.2
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real
property that has been determined by the locality to be subject to § and therefore subject to this section.
15.2-2232
"Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities,
or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property
disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the
purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan,
a locality shall require
an owner, lessee, or developer of real property subject to this section to enter into a written agreement to
decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party
that enters into such written agreement with the locality defaults in the obligation to decommission such equipment,
facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of
the record title owner of such property without further consent of such owner and to engage in decommissioning, and
(ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of
certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional
engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing
decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected
cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and
an annual inflation factor.
117
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
CC:
Kris C. Tierney, County Administrator
Roderick B. Williams, County Attorney
Mike T. Ruddy, AICP, Director of Planning & Development
Mark R. Cheran, Zoning Administrator
FROM:
M. Tyler Klein, AICP, Senior Planner
SUBJECT:
Solar (Photovoltaic) Energy Facilities Text Amendment Update
DATE:
July 26, 2018
This is an update to the proposed text amendment to Chapter 165 Zoning Ordinance to add solar
(photovoltaic) power generating facilities (i.e. solar farms)to the permitted use list for the RA
(Rural Areas) Zoning District. This item was previously discussed by the Board of Supervisors on
ththth
January 10, February 14 and April 11. Following our last discussion, the Board of Supervisors
had directed S
supplemental use regulations to address abandonment on the facility and return of the land to its
pre-development state. At the time of the presentation to the Board, the premise of the draft text
amendment, as supported by the Development Review and Regulations Committee (DRRC), and
previously discussed by the Planning Commission, was that because solar farms are typically
privately-owned
Since the Board discussion in April, the County Attorney and the Planning and Development Staff
have met and determined that solar (photovoltaic) energy facilities would appear to qualify as
facilities and would otherwise today be allowed by-
RA Zoning District. The Zoning Ordinance currently permits a by-right use in the RA Zoning
lines, and towers, pipes, meters, and other facilities, railroad facilities, and sewer and water
facilities and lines owned -
401.02(Q)).
of the facility; most electricity generating facilities in the United States are
have the meaning
ascribed to such word, term or phrase in the most recent addition of Merriam-
unless, in the opinion of the Zoning Administrator, established customs or practices in Frederick
118
-2-
County, Virginia justify a different -
conce
are publicly traded and therefore does not exclude from its reach solar farms owned by non-
publicly traded entities. Within the Code of Virginia §56-1, nothing in the definition of public
service companies suggests a distinction between the types of companies that operate solar farms
and the types of companies that operate other types of electricity generation facilities. State law
specifically regulates solar facilities as it does other electricity generating facilities, regardless of
the nature of ownership, by requiring the operator to seek a certificate of public convenience and
necessity from the State Corporation Commission (SCC) (§56-265.2). The County would
recognize a solar energy facility as a public utility under this interpretation.
This determination would not
preclude the Board of Supervisors in the future from further regulating solar (photovoltaic) energy
facilities as allowed under the Code of Virginia or excluding them all from the current allowance
in §165-401.02(Q). Staff notes that possible supplementary regulations as previously discussed,
such as a requirement for removal of the facilities upon abandonment of use would place them in
a category currently unique to telecommunications towers. As well, any requirement for a bond
securing the removal of an abandoned facility might be sufficient economic disincentive as to
preclude any use of the opportunity that would be enabled by the ordinance generally.
Staff directly with any
questions or comments. Unless otherwise directed by the Board of Supervisors, Staff will proceed
with the above interpretation to allow solar energy facilities (i.e. solar farms), by-right, under the
present allowance for public utilities in the RA Zoning District.
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RESOLUTION
____________________________
Action:
BOARD OF SUPERVISORS: September 25, 2019
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE
PERMITS
PART 101 GENERAL PROVISIONS
§165-101.02. DEFINITIONS AND WORD USAGE
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.26. PUBLIC UTILITIES
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.02. PERMITTED USES
PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT
§165-402.02. PERMITTED USES
PART 403 MH1 MOBILE HOME COMMUNITY DISTRICT
§165-403.02. PERMITTED USES
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
PART 502 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT
§165-502.04. PERMITTED USES
PDRES #18-19
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1
ARTICLE VI
BUSINESS AND INDUSTRIAL DISTRICTS
PART 602 B1 NEIGHBORHOOD BUSINESS DISTRICT
§165-602.02. ALLOWED USES
PART 603 B2 GENERAL BUSINESS DISTRICT
§165-603.02. ALLOWED USES
PART 604 B3 INDUSTRIAL TRANSITION DISTRICT
§165-604.02. ALLOWED USES
PART 606 M1 LIGHT INDUSTRIAL DISTRICT
§165-606.02. ALLOWED USES
PART 608 EM EXTRACTIVE MANUFACTURING DISTRICT
§165-608.02. PERMITTED USES
PART 609 HE HIGHER EDUCATION DISTRICT
§165-609.02. PERMITTED USES
WHEREAS,
an ordinance to amend Chapter 165, Zoning to include a definition for
Public Utilities that includes utility-scale solar power generating facilities and solar
power generating facility decommissioning requirements were considered; and
WHEREAS,
The Development Review and Regulations Committee (DRRC) reviewed
ththnd
the changes at their June 27, July 25, and August 22, 2019 regular meetings to
include a definition for Public Utilities that includes utility-scale solar power
generating facilities and solar power generating facility decommissioning requirements;
and
WHEREAS,
the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on September 4, 2019 and agreed with the proposed changes; and
WHEREAS,
the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on September 25, 2019 and directed Staff to amend the text
amendment to include a definition for Public Utilities that includes utility-scale solar
power generating facilities and solar power generating facility decommissioning
requirements; and
WHEREAS,
the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter
165; and
PDRES #18-19
121
2
NOW, THEREFORE, BE IT REQUESTED
by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to include a definition for Public Utilities that includes utility-scale solar power
generating facilities and solar power generating facility decommissioning requirements.
Passed this 25th day of September 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Blaine P. Dunn
Shannon G. Trout Robert W. Wells
Judith McCann-Slaughter
A COPY ATTEST
_____________________
Kris C. Tiereny
Frederick County Administrator
PDRES #18-19
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3
123
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
M. Tyler Klein, AICP, Senior Planner
SUBJECT:
Ordinance Amendment Conditional Use in the RA (Rural Areas) Zoning
District
DATE:
September 18, 2019
The Board of Supervisors directed the Planning Commission to evaluate the CUP process and
those listed conditional uses to ensure that the uses, and scale of the uses, are appropriate for the
zoning district in which they are allowed. This would include identifying those uses that may be
more appropriate in a commercial zoning district; such as larger service stations, motels, and
larger retail stores. This direction was presented to the Planning Commission on July 17, 2019.
As a result, this is a proposed amendment to Chapter 165 Zoning Ordinance to:
1.Further define the conditional use country general store to exclude all fuel sales and cap
the square footage allowed at 3,500 square feet (SF);
2.Provide additional regulations for specific uses (country general store);
3.Eliminate, combine, and refine certain conditional uses; and
4.Codify certain Zoning Determinations relating to home occupations, cottage occupations,
and kennels to reduce the number of Conditional Use Permit (CUP) applications.
The purpose of the proposed amendment is to add clarity to specific uses where intensity of a given
use is important in considering its appropriateness for a CUP; and to provide consistency in
allowance and implementation of certain uses.
nd
This item was discussed by the DRRC at its August 22 regular meeting. The DRRC agreed with
the proposed changes presented
from the conditional use list, and recommended the item be forwarded to the Planning Commission
for discussion. The DRRC further expressed a willingness to re-evaluate the requirements for
reviewing and approving the special event facilities if directed to do so by the Board of
Supervisors.
124
th
At its September 4 meeting, the Planning Commission forwarded this item to the Board of
Supervisors.
The attached document shows the existing ordinance with the proposed changes supported by the
Staff is seeking direction from the Board of Supervisors
DRRC (with bold italic for text added).
whether to forward on this Zoning Ordinance text amendment for public hearings.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Frederick County Zoning Ordinance (§165-401.03) Conditional
Uses in the RA District
3. Background on Conditional Use Permit approvals and country
general stores
4. Resolution
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Revised 8/28/19
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§165-101.02. Definitions and word usage.
COUNTY GENERAL STORE - A retail business, without accessory fuel sales, not to exceed 3,500
square feet gross retail floor area, allowed where specified in the rural zoning districts which sells
groceries along with a variety of other retail goods.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.32. Country General Store without fuel sales.
Country general stores located in the RA Rural Areas Zoning District shall meet the following
requirements:
A. A country general store may not exceed 3,500 square feet (SF) of gross retail floor area.
B. Country general stores may not include accessory fuel sales.
C. A site plan shall be submitted to and approved by Frederick County prior to the establishment
of the use.
D. B2 General Business Zoning District standards apply including building height, building and
parking setbacks, buffering, screening, and landscaping standards.
E. All new buildings require building permits reviewed and approved by Building Inspections.
Existing buildings should conform to the requirements under Article IX.
F. Any expansion of an approved country general store, store requires approval of a new
conditional use permit (CUP).
Note: Retail uses with a square footage in excess of 3,500 SF or with fuel sales shall be located within or adjacent to
a designated Rural Community Center, as defined in the Comprehensive Plan, and/or require a rezoning application to a
business district.
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ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Area District
§165-401.02. Permitted uses.
KK. Blacksmith shops (SIC 5431)
LL. Farriers
MM. Horseshoeing
NN. Taxidermists
§165-401.03. Conditional Uses.
A. Bed-and-breakfast; farm stay.
B. Country Clubs, with or without banquet facilities
C. Manufacture or sale of feed and other farm supplies and equipment.
D. Fruit packing plants.
E.
B. Off-premise farm markets and wayside stands.
F. Off-premise wayside stands.
G. C. Country General Store without fuel sales.
H. Service stations.
I. D. Antique shops.
J. E. Restaurants without drive-thru facilities provided the following conditions are met:
(1) Restaurants shall have an approved drainfield; alternative waste systems including pump
and hauls are prohibited.
K. F. Kennels
L. Petting farms.
M. Television or radio stations.
N. Motels.
O. G. Auction Houses
P. H. Campgrounds, tourism camps, recreation areas and resorts.
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Q. I. Commercial outdoor recreation, athletic or park facilities, or Country Clubs with or without
banquet facilities.
R. Nationally chartered fraternal lodges, civic clubs, social centers and their related facilities.
S. J. Sawmills and planing mills, Type B.
T. Ambulance Services
U. K. Retailing or wholesaling of nursery stock and related products.
V. L. Landscape contracting businesses.
W. M. Public Garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within and enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. The fence or screen shall be
adequately maintained.
X. Public Garages with body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within and enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. The fence or screen shall be
adequately maintained.
Y. N. Sand Shale and clay mining, provided the following conditions are met:
Z. O. Cottage Occupations
AA. P. Cottage occupation signs.
BB. Q. Veterinary office, clinic, or hospital, including livestock services.
CC. R. Day-care facilities.
DD. S. Humanitarian aid organization office.
EE. T. School (with residential component)
FF. Fruit and vegetable stand.
GG. Blacksmith shops.
HH. Farriers.
II. Horseshoeing.
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Revised 8/28/19
JJ. U. Taxidermists.
KK. V. Welding repair.
LL. W. Flea markets, operated indoors or outdoors.
MM. Treatment home.
NN. X. Special event facility.
OO. Y. Commercial shooting and archery ranges (indoor or outdoor).
PP. Z. Ice cream parlor or bakery.
QQ. AA. Craft and gift shops.
RR. BB. Offices and clinics of doctors of medicine, dentists and other health practitioners.
SS. CC. Slaughterhouse.
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Revised 8/28/19
Additional Items for Consideration
ARTICLE I General Provisions; Amendments; and Conditional Use Permits
Part 101 General Provisions
§165-101.02. Definitions and word usage.
COTTAGE OCCUPATION An occupation or profession customarily carried out in a dwelling unit or
accessory building, which:
A. Actually is carried on wholly within the principle residential building or an accessory building or
structure;
B. Is carried on by no more than one person other than members of the family residing on the
premises; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Serves more than five (5) customers per day.
HOME OCCUPATION - An occupation or profession customarily carried on in a dwelling unit, which:
A. Actually is carried on wholly within the principle building or structure;
B. Is carried on by members of the household residing on the premises;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the home
occupation or variation from the residential character of the principle building and neighborhood;
D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or
congestion and does not adversely affect the surrounding properties; and
E. Requires no internal or external alterations or construction features or equipment or machinery
not customary in residential areas; and
F. Serves no more than five (5) customers per day.
KENNEL - A place prepared to house, board, breed, handle, or otherwise care for dogs for sale or in
return for compensation. One (1) litter of dogs breeding for compensation per household per year shall
not be defined as a kennel and will be considered as a Home Occupation.
Part 103 Conditional Use Permits
§165-103.03. Conditions.
In granting a conditional use permit, the Board of Supervisors may place appropriate conditions on the
permit. Such conditions shall be considered to be a part of the requirements of this chapter. Violations of
the established conditions shall constitute violations of this chapter. The conditions established as a part
of the approval of a conditional use permit may be modified only through the full application procedures
described in this section. Conditions which may be placed on the conditional use permit may include but
need not be limited to conditions which address the following issues:
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GG. The expiration of the use following the sale or transfer of the property from the current owner(s).
HH. The expiration of the conditional use permit if the use is not established within 24 months of
approval.
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Frederick County, VA
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Frederick County, VA
Thursday, August 15, 2019
Chapter 165. Zoning
ARTICLE IV. Agricultural and Residential Districts
Part 401. RA Rural Areas District
§165-401.03. Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been granted for
the use:
A.
[1]
Bed-and-breakfasts; farm stay
[Added12-9-2009; amended 5-24-2017]
[1]
Editor's Note: Former Subsection A, Poultry farms and hatcheries and egg production, was repealed 4-26-
1995. See now §165-401.02X.
B.
[2]
Country clubs, with or without banquet facilities.
[Added12-9-2009]
[2]
Editor's Note: Former Subsection B, Fish hatcheries and fish production, was repealed 4-26-1995. See now
§165-401.02Y.
C.
[3]
Manufacture or sale of feed and other farm supplies and equipment.
[Added12-9-2009]
[3]
Editor's Note: Former Subsection C, Hog farming, as amended 12-9-1992, was repealed 4-26-1995. See
now §165-401.02Z.
D.Fruit packing plants.
E.Off-premises farm markets.
[Added12-9-2009]
F.Off-premises wayside stands.
G.Country general stores.
H.Service stations.
I.Antique shops.
J.Restaurants.
K.Kennels.
L.Petting farms.
[4]
[Added12-9-2009]
132
[4]
Editor's Note: This ordinance also redesignated former Subsections L through Y as Subsections M through
Z, respectively.
https://ecode360.com/print/FR1364?guid=8708385[8/15/2019 3:42:06 PM]
Frederick County, VA
M.Television or radio stations.
N.Motels.
O.Auction houses.
P.Campgrounds, tourist camps, recreation areas and resorts.
Q.Commercial outdoor recreation, athletic or park facilities.
R.Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
S.Sawmills and planing mills, Type B.
T.Ambulance services.
U.Retailing or wholesaling of nursery stock and related products.
V.Landscape contracting businesses.
W.Public garages without body repair, provided that the following conditions are met:
(1)All repair work shall take place entirely within an enclosed structure.
(2)All exterior storage of parts and equipment shall be screened from the view of surrounding properties
by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately
maintained.
[Amended12-9-2009]
X.Public garages with body repair, provided that the following conditions are met:
(1)All repair work shall take place entirely within an enclosed structure.
(2)All exterior storage of parts and equipment shall be screened from the view of surrounding properties
by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately
maintained.
[Amended12-9-2009]
Y.Sand, shale and clay mining, provided that the following conditions are met:
All mining shall be above the mean, existing grade level of a parcel of land.
(1)
(2)All mining operations shall meet all applicable requirements of state and federal agencies.
(3)Such mining operations shall meet the landscaping and screening requirements, supplementary
regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
Z.Cottage occupations (as defined).
[Amended12-9-2009]
AA.Cottage occupation signs.
[5]
[Added12-9-2009]
[5]
Editor's Note: This ordinance also redesignated former Subsections Z through HH as Subsections BB
throughJJ, respectively.
133
BB.Veterinary office, clinic or hospital, including livestock services.
[Amended8-24-2004]
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Frederick County, VA
CC.Day-care facilities.
[Added8-8-1990]
DD.Humanitarian aid organizational office.
[Added1-27-1999]
EE.Schools (with residential component).
[Added10-27-1999]
FF.Fruit and vegetable stands (SIC 5431).
[Added8-24-2004]
GG.Blacksmith shops (SIC 7699).
[Added8-24-2004]
HH.Farriers (SIC 7699).
[Added8-24-2004]
II.Horseshoeing (SIC 7699).
[Added8-24-2004]
JJ.Taxidermists (SIC 7699).
[Added8-24-2004]
KK.Welding repair (SIC 7692).
[Added12-9-2009]
LL.Flea markets, operated indoors or outdoors.
[Added11-10-2010]
MM.Treatment home.
[Added6-13-2012]
NN.Special event facility.
[Added5-24-2017]
OO.Commercial shooting and archery ranges (indoor or outdoor).
[Added5-24-2017]
PP.Ice cream parlor or bakery.
[Added5-24-2017]
QQ.Craft and gift shops.
[Added5-24-2017]
RR.Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803, and
804).
[Added7-12-2017]
SS.Slaughterhouses.
[Added9-13-2017]
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Background:
To provide additional perspective on conditional uses in the rural areas, Staff has included: 1) a
history of conditional uses approved over the last 20-year period, and 2) a listing of the sizes of
Country General Stores and select commercial/retail uses to assist when evaluating the scale of
such uses.
1)Since 1999, the following conditional uses have been approved in the RA Zoning District
(by type and number of approved applications):
Special Event Facilities: 5
Public Garages (with or without body repair): 13
Kennels: 9
Landscape Contracting Businesses/Retail Nurseries: 9
Telecommunications Towers: 23
Farmers Markets/Off-Premise Wayside Stands: 2
Commercial Recreation (indoor or outdoor): 7
Country General Stores: 7
Motels/Bed & Breakfasts: 8
Antique Shops: 3
Restaurants: 3
Day-Care Facilities: 14
Welding Repair: 2
Flea Markets: 1
Taxidermy: 1
Sand Mines: 3
Campground: 1
Veterinary Clinics: 2
Fraternal Lodges: 1
2)For purposes of comparison, the square footage of select Country General Stores within
the RA District is provided in addition to the square footage of select Commercial/Retail
Sewer and Water Service Area (SWSA).
Commercial/Retail Properties (within SWSA):
Family Dollar (Stephens City B2) 9,230 SF (SP #41-13)
Dollar General (Middletown B1) 9,301 SF
Dollar Tree (Winchester Gateway B2) - +/- 14,000SF
Dollar Tree (Stonewall Plaza B2) 13,600 SF
The Country Store (Senseny Road B1) 4,872 SF
Average SF: 10,218 SF
*Note: Dollar General (Route 522N RA) 9,100 SF (proposed, withdrawn)
135
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County General Store Properties (within Rural Areas)
Hogue Creek Market (Route 50W RA) 4,369 SF (approved CUP for County
General Store); with fuel sales
Crossroads Grocery (Route 522N RA) 1,240 SF (approved CUP for Country
General Store); with fuel sales
Shawnee Springs Market (Route 522N B2) 6,520 SF (SP #19-86; note
surrounded by RA zoned properties); with fuel sales
Toms Market (Back Mountain Road B1) 3,016 SF; with fuel sales
Gainesboro Market (Route 522N RA) 2,450 SF; with fuel sales
Average SF (County General Store): 3,519 SF
136
RESOLUTION
____________________________
Action:
BOARD OF SUPERVISORS: September 25, 2019
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE
PERMITS
PART 101 GENERAL PROVISIONS
§165-101.02. DEFINITIONS AND WORD USAGE
PART 103 CONDITIONAL USE PERMITS
§165-103.03. CONDITIONS
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.32. COUNTRY GENERAL STORE WITHOUT FUEL SALES
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.02. PERMITTED USES
§165-401.03. CONDITIONAL USES
WHEREAS,
an ordinance to amend Chapter 165, Zoning to:
1.Further define the conditional use country general store to exclude all fuel
sales and cap the square footage allowed at 3,500 square feet (SF);
2.Provide additional regulations for specific uses (country general store);
PDRes #19-19
137
1
3.Eliminate, combine, and refine certain conditional uses; and
4.Codify certain Zoning Determinations relating to home occupations, cottage
occupations, and kennels to reduce the number of Conditional Use Permit
(CUP) applications; and
WHEREAS,
The Development Review and Regulations Committee (DRRC) reviewed
the change at their August 22, 2019 regular meeting and the DRRC further amended the
section to eliminate treatment homes; from the conditional use list; and
WHEREAS,
the Planning Commission discussed the proposed change at their regularly
scheduled meeting on September 4, 2019 and agreed with the proposed change; and
WHEREAS,
the Board of Supervisors discussed the proposed change at their regularly
scheduled meeting on September 25, 2019 and agreed with the proposed change; and
WHEREAS,
the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter
165; and
NOW, THEREFORE, BE IT REQUESTED
by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to add clarity to specific uses where intensity of a given use is important in considering
its appropriateness for a CUP and to provide consistency in allowance and
implementation of certain uses.
Passed this 25th day of September 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Blaine P. Dunn
Shannon G. Trout Robert W. Wells
Judith McCann-Slaughter
A COPY ATTEST
_____________________
Kris C. Tiereny
Frederick County Administrator
PDRES #19-19
138
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