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November 13 2019 Board_Agenda_PacketAGENDA REGULAR MEETINGBOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 13, 2019 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 1. 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 Minutes of the Regular Meeting of October 23, 2019 6.A. MinutesRegularMeetingBOS191023.pdf Public Works Committee Report of October 29, 2019 6.B. PublicWorksCommitteeReportNovember2019.pdf Resolution Honoring Cecil Affleck, 6.C. Employee of the Month -September 2019 2019.09 Resolution Affleck Cecil.pdf Resolution Honoring Emily Tenney, 6.D. Employee of the Month -October 2019 2019.10 Resolution Tenney Emily.pdf Resolution Honoring Michelle Cunningham, 6.E. Employee of the Month -November 2019 2019.11 Resolution Cunningham Michelle.pdf Acknowledgment of State Homeland Security Program Grant and 6.F. Corresponding Supplemental Appropriation in the amount of $76,000.00 StateHomelandSecurityProgramGrant.pdf 1 MEETING AGENDA PAGE 2 Frederick County Board of Supervisors WEDNESDAY, NOVEMBER 13, 2019 7. Board of Supervisors Comments 8. County Officials Presentation of Employee of the Month Awards for 8.A. September, October, and November 2019 Committee Appointments 8.B. Committee Appointments 1. Economic Development Authority 4-year term or Gary Lofton expired 11/10/19 (One member of the Authority may be a member of the Boa Supervisors. Mr. Lofton is eligible for reappointment if the Bo desires, however, the Board would no longer have direct representation on the EDA.) 2. Juvenile Detention Center Commission 4-year term of Robert Williamson expires 12/31/19 (Eligible & willing for reappointment) 4-year term of Jay Tibbs as Alternate expires 12/31/19 (Eligible and willing for reappointment) 3. Shawneeland Sanitary District Advisory Committee 2-year term of Marianne Biviano expired 11/9/19 2-year term of Hugh B. Van Meter expired 11/9/19 Note: Seeking applications for the following vacancy: Shenandoah Area Agency on Aging, Frederick Co. Representative– 4-year term CommitteeApptsAgendaMemoNovember2019.pdf Request for General fund Supplemental Appropriation: In 2013, the 8.C. Board of Supervisors approved $50,000 from Historical proffers for the final debt payment on the Huntsberry property. A General Fund Supplemental Appropriation in the amount of $50,000 is being requested to allow for the funds to be disbursed for the final payment on the debt. MemoHuntsberryProperty.pdf 2 MEETING AGENDA PAGE 3 Frederick County Board of Supervisors WEDNESDAY, NOVEMBER 13, 2019 County Officials ,continued Resolution authorizing filing of petition for writ of special election to fill 8.D. Shawnee District Board of Supervisors vacancy MemoAndResolutionOnShawneeDistrictVacancy.pdf Procedure for interim appointment of Shawnee District Board of 8.E. Supervisors member BOS_KCT _Memo_re_Proposed_Process_for_Shawnee_Vacancy.pdf Legislative Agenda 8.F. BOS_Memo_re_2020_Legislative_Agenda_Final.pdf Public Safety Radio System Technical Assessment Report –SIRN 8.G. Option Analysis KCT_Memo_re_Radio_Study_SIRN_Analysis.pdf Frederick County VA_SIRN Option_FINAL_REPORT_Nov2019.pdf RevisedMOUforWVSIRN_August_16_2019.pdf RevisedMOUforWVSIRN_Updated_October_2_2019.pdf 9. Committee Business Public Works Committee 9.A. The Albin Convenience Center will be relocated at the old bus shop on Indian Hollow Road and based on the current site plan, the proposed project budget is $1,600,000.00. The Public Works Committee requests approval of construction up to the $1,600,000.00amount and the transfer of that said amount from the county Capital Fund to the Solid Waste budget, line item 10-4203-8900-00 Improvements other than Buildingfor the construction of the replacement Albin Convenience Center. 10. Public Hearings (Non Planning Issues) Proposed Adoption of Amended Articles of Incorporation for the 10.A. Frederick County Sanitation Authority , Pursuant to Section 15.2-5110 of the Code of Virginia (1950, as Amended). The Primary Purposes of the Amendments are to Enable the Authority to Own Sewage Treatment Facilities in the Future and to Renew the Authority’s Term of Existence for 50 Years FrederickWaterArticlesOfIncorporationChanges2019.pdf 3 MEETING AGENDA PAGE 4 Frederick County Board of Supervisors WEDNESDAY, NOVEMBER 13, 2019 11. Planning Commission Business -Public Hearings Ordinance Amendment to the Frederick County Code, Chapter 165 11.A. Zoning, Article I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, Section 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, Section 165-204.26 Public Utilities; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District,Section 165-401.02 Permitted Uses, Part 402 RP Residential Performance District, Section 165-402.02 Permitted Uses, Part 403 Mobile Home Community District, Section 165-403.02 Permitted Uses; Article V Planned Development Districts, Part 502 R5 Residential Recreation Community District, Section 165- 502.04 Permitted Uses; Article VI Business and Industrial Zoning Districts, Part 602 B1 Neighborhood Business District, Section 165- 602.02 Allowed Uses, Part 603 B2 General Business District, Section 165-603.02 Allowed Uses, Part 604 B3 Industrial Transition District, Section 165-604.02 Allowed Uses, Part 606 M1 Light Industrial District, Section 165-606.02 Allowed Uses, Part 608 EM Extractive Manufacturing District, Section 165-608.02 Permitted Uses, Part 609 HEHigher Education District, Section 165-609.02 Permitted Uses . Revision to the Frederick County Zoning Ordinance to Include a Definition for Public Utilities that Includes Utility-Scale Solar Power Generating Facilities and Amendments to the Supplemental Use Regulation for Public Utilities. OA-PublicUtilities191113.pdf Ordinance Amendment to the Frederick County Code, Chapter 165 11.B. Zoning, Article I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, Section 165-101.02 Definitions and Word Usage, Part 103 Conditional Use Permits, Section 165-103.03 Conditions; Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, Section 165-204.32 Country General Store Without Fuel Sales; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, Section 165- 401.02 Permitted Uses, Section 165-401.03 Conditional Uses. Revision to the Frederick County Zoning Ordinance that the Conditional Use in the RA District is that the Uses, and Scale of the Uses, are Appropriate for the Zoning District in Which They are Identified. OA-CUPsInTheRA-District191113.pdf 4 MEETING AGENDA PAGE 5 Frederick County Board of Supervisors WEDNESDAY, NOVEMBER 13, 2019 12. Planning Commission Business -Other Planning Business –None 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 5 6 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 23,2019 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;J. Douglas McCarthy; Shannon G. Trout; andRobert W. Wells were present. Staff present: Kris C. Tierney, County Administrator;Erin Swisshelm,Assistant County Attorney;Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development;Sharon Kibler, Assistant Director of Finance; AndrewFarrar, Program Coordinator, Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00p.m. INVOCATION Supervisor Dunndeliveredthe invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledgeof Allegiance. ADOPTION OF AGENDA –APPROVED Upon motion of Vice Chairman Lofton,secondedby Supervisor McCarthy, theagenda was adoptedon a voice vote. CITIZENS COMMENTS–None 7 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 1 ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Supervisor Slaughter,seconded bySupervisor Dunn,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: Minutes of Closed Session and Regular Meeting of October 9, 2019- CONSENT AGENDA APPROVAL -Finance Committee Report of 10-16-19- CONSENT AGENDA APPROVAL, Appendix 1 -Parks & Recreation Commission Report of 10-8-19- CONSENT AGENDA APPROVAL, Appendix 2 + + + + + + + + ++ + + + + BOARD OF SUPERVISORS COMMENTS-None COUNTY OFFICIALS: JERRY FOUT APPOINTED AS RED BUD DISTRICT REPRESENTATIVE TO EXTENSION LEADERSHIP COUNCIL -APPROVED Supervisor Dunn moved that the Board appoint Jerry Fout to serve a four-year term as the Red Bud District Representative to the Extension Leadership Council. SupervisorMcCarthy secondedthe motion which carried on a voice vote. COMMITTEE BUSINESS: FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following items: The Sheriff requests aGeneral Fund supplemental appropriation in the amount of $2,550representing proceeds from the sale of an out of service cruiser to be used toward the purchase of a replacement; the Public 8 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 2 Works Director requests a General Fund supplemental appropriation in the amount of $3,000 representingrestitution paid for the shelter providing care for three dogs for 106 days; the Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $3,245 representing two grants received: Keep Virginia Beautiful and the Chesapeake Bay Restoration Fund.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 Supervisor Slaughter said theFrederick County Public Schools Director of Finance requests $1,388,520.16 unspent in the School Operating Fund in FY19 to be carried forward to FY20.She said of this amount, $347,857.06 represents restricted grant funds received, and $1,040,663.10 represents an unobligated surplus to be used for 10 school buses.She moved for approval of a transfer from the County Capital Fund to the School Operating Fund in the amount of $347,857.06, and atransfer from the County Capital Fund to the School Capital Fund in the amountof $1,040,663.10.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 the following: The Public Works Director requestsaShawneeland Fund supplemental appropriation in the amount of $30,000saying this amount represents a carry forward of unspent FY19 funds to be used for the construction of additional office space. Supervisor McCarthy 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 9 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 3 Supervisor Slaughter moved for approval of the following: The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $102,000 representing the maintenance and operation of Sunnyside Plaza. Supervisor McCarthy 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 + + + + + + + + + + + + + + PUBLIC HEARINGS–NON PLANNING ISSUES PROPOSEDSCHOOL BOND FINANCINGSBY THE BOARD OF SUPERVISORS OFTHE COUNTY OF FREDERICK, VIRGINIA-APPROVED County Administrator Kris Tierney explained the proposed issuance of general obligation school bonds not to exceed $3,200,000 to finance projects including the construction and equipping of a replacement Robert E. Aylor Middle School. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the publichearing. Supervisor Slaughter moved for approval of the Resolution Authorizing the Issuance Of Not To Exceed$3,200,000 General Obligation School Bonds of the County Of Frederick, Virginia, tobe Sold to the Virginia Public School Authority.Supervisor McCarthy 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 10 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 4 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Freder "County"), has determined that it is necessary and expedient to and to issue one or more general obligation school bonds (as morpecifically defined below, each a "Local School Bond") for the purpose of financing the acquisition of la E. Aylor Middle School, which constitutes a capital project for "Project"); WHEREAS, the County held a public hearing, duly noticed, on October 23, the Local School Bonds in accordance with the requirements of Se-2606, Code of Virginia 1950, as amended (the "Virginia Code"); WHEREAS, the School Board of the County has, by resolution, requested the issuance of the Local School Bonds and consented to the issuance WHEREAS, the Virginia Public School Authority ("VPSA") has offered to phase a Local School Bond along with the local school bonds of certain other localiti to be issued by VPSA in the spring of 2020 or a future bond sale WHEREAS, the Bond Sale Agreements (as defined below) shall indicate that $3,200,000 is the amount of proceeds requested by the County (the "Proceeds Reques connection with the sale of the Local School Bonds; WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects each Local School Bond's market val taking into consideration such factors as the amortization sched specific Local School Bond relative to the amortization schedules request received by VPSA from the sale of the VPSA Bonds and other marke VPSA Bonds; and WHEREAS, such factors may result in a Local School Bond having a purchase pr and consequently (i) the County may have to issue one or more Lo is greater than or less than the Proceeds Requested in order to eceive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authoriz set forth in paragraph 1 below does not exceed the aggregate Pro amount of any discount, the purchase price to be paid to the County, given the conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its g one occasion, in an aggregate principal amount not to exceed $3, for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of one or more Local School Bonds in the form and upon the terms established pu 11 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 5 2. SaleoftheLocalSchoolBond. The sale of each Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given Price Objective and market conditions, the County acknowledges t aggregate principal amount of all Local School Bonds issued undeolution set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Pr School Bond may be sold for a purchase price not lower than 95% Chairman of the Board, the County Administrator, or either of them (each a "Delegate") and officer or officers of the County as either may designate are he an agreement with VPSA providing for the sale of each Local Scho VPSA (each a "Bond Sale Agreement"). The Bond Sale Agreements shall be in substantially form is hereby approved, with such completions, insertions, omis this Resolution as may be approved by the County officer executing the Bond Sale Agreement. 3. Details of the Local School Bond. Each Local School Bond shall be dated 16 days prior to the date of its issuance and delivery or such other date designaeral Obligation School Bond, Series 20__"; shall bear interest from i-annually on each January 15 and July 15 (each an "Interest Payment Date"), at the 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") amounts acceptable to a Delegate (the "Principal Installments"), this Resolution. 4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on each Local School Bond establish shall be five one-hundredths of one percent (0.05%) over the interest rate to be pd by VPSA for the corresponding principal payment date of the VPSA Bonds, a portio purchase the Local School Bond, and provided further that the tr does not exceed five and fifty one-hundredths percent (5.50%) per annum. The Interest Payment Date the Principal Installments are subject to change at the request and directed to accept changes in the Interest Payment Dates andhe Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requ nationally-recognized rating agencies and the final principal amount of suc however, that the principal amount of all Local School Bonds shall not exc Resolution and the final maturity of each Local School Bond shal issuance and delivery of such Local School Bond. The execution and delivery of each Local School Bond as described in paragraph 8 hereof shall conclusively evidence the of such Local School Bond by the Delegate as authorized by this 5. Form of the Local School Bond. Each Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form att A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to each Local School Bond: (a) For as long as VPSA is the registered owner of each Local School payments of principal, premium, if any, and interest on a Local available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if s in the Commonwealth of Virginia (the "Commonwealth") or for the 11:00 a.m. on the business day next succeeding such Interest Payment Date, date fixed for prepayment or redemption. 12 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 6 (b) All overdue payments of principal and, to the extent permitted b bear interest at the applicable interest rate or rates on such Local School Bond. (c) U.S. Bank National Association, Richmond, Virginia, is designate Registrar and Paying Agent for the Local School Bonds. The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Re Paying Agent for any Local School Bond. The County shall give p of any successor Bond Registrar and Paying Agent. 7. Prepayment or Redemption. With respect to any Local School Bond sold to VPSA in the spring of 2020, unless required by VPSA, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2030, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2030, redemption prior to their stated maturities. The Principal Instby VPSA coming due on or after July 15, 2031, and the definitive bond(s) VPSA may be exchanged that mature on or after July 15, 2031, are the option of the County prior to their stated maturities in whole or in part, on any date on or after J 15, 2030, upon payment of the prepayment or redemption prices (expre Installments to be prepaid or the principal amount of the Local emed) set forth below plus accrued interest to the date set for prepayment or redempti Dates Prices July 15, 2030 through July 14, 2031 101% July 15, 2031 through July 14, 2032 100½ July 15, 2032 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall to prepayment or redemption prior to their stated maturities as written consent of VPSA or other registered owner of the Local Sol Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to registered mail not more than ninety (90) and not less than sixt prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding to be deemed refunded, the prepayment or redemption of the Local approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the L With respect to any Local School Bond sold to VPSA in a subseque Installments of such Local School Bond will be subject to similar prepayment or redemptions provisions as may be set forth by VPSA at the time of such sale. 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver each Local School Bond and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on each Local School Bond as the same shal due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while an be outstanding there shall be levied and collected in accordancead valorem tax upon all taxable property in the County subject to local taxation suffici 13 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 7 principal of and premium, if any, and the interest on such Local any, and interest shall become due, which tax shall be without limitation as to rate o to all other taxes authorized to be levied in the County to the available and appropriated for such purpose. 10. Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of t designate are hereby authorized and directed to execute and deli behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Ag and investment of the proceeds of a Local School Bond and contai in order to show compliance with the provisions of the Internal Revenue "Code"), and applicable regulations relating to the exclusion fr Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of each Local School Bond will be invested and expended as set forth in the County shall comply with the other covenants and representatounty shall comply with the provisions of the Code so that interest on gross income for federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Non-Arbitrage Program in connection with each Local School Bond. Th Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respec of each Local School Bond by and among the County, the other pare VPSA Bonds, VPSA, the investment manager and the depository, substantially i meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate a execute a Continuing Disclosure Agreement, as set forth in Appen D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities a-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 4 of the Bond Sale Agreement should the County be determined by Bond Sale Agreement). 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bond refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase a Local School Bond, and that the purpose of such refunding bonds would be to e savings to the local issuers, including the County. Each of thed to execute and deliver to VPSA such allonge to the Local School Bond, revised debt serv-G or such other documents reasonably deemed necessary by VPSA and VPSA's b and facilitate the refunding of a Local School Bond and the allocation of the annual debt County by VPSA. The Clerk to the Board is authorized to affix t attest or countersign the same. 14. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be 15. Election to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of the Virginia Code, the Board elects to issue the Local School Bond p Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 14 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 8 16. FurtherActions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any desirable in connection with the issuance and sale of the Local this Resolution and any such action previously taken is hereby ratified and confirmed. 17. EffectiveDate. This Resolution shall take effect immediately. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS–None PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS–None BOARD LIAISON REPORTS-None CITIZEN COMMENTS Jeanette Neal, Red Bud District, noted recent incidents of gunfire in the neighborhood of Greenwood Mill Elementary School. She said community members are concerned about safety and asked the Board to assist in improving safety in the neighborhood. An unnamed resident of the Red Bud District reiterated the remarks of the previous speaker about safety concerns adding that her husband and child had left the exact location of the gunfire immediately before the gunshots happened. Bill Myer, Red Bud District, spoke about the safety concerns near Greenwood Mill and asked the Board to help with lighting and cameras to ensure safety of the residents. Shawn Graber, Back Creek District, said he was encouraged by recent discussion regarding broadband coverage options. He noted the possibility of allowing different height requirements for wireless internet towers and suggested that Interstate 81 is a logical boundary line with higher towers being needed in the western part of the County to provide sufficient broadband coverage. 15 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 9 BOARD OF SUPERVISORS COMMENTS Supervisor Trout commented that the earlier vote on appropriation of funds for maintenance and operations at Sunnyside Plaza was passed with no hesitationwhile similar requests from the schools are usually questioned. She saidshe hoped the Board would place as much trust in school administrators as it places in the County Administration staff. Supervisor Dunn noted the earlier discussion of shootings near the Greenwood Mill Elementary School. He said he has spoken with the schools and the Sheriff’s Department and asked members of the public to report anything unusual. Supervisor Wells said he recently received a phone call with the caller leaving only a portion of a return call number and said he hoped the caller will call him back. Vice Chairman Lofton announced the annual Transportation Forum scheduled for October 28, 2019. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout,the meeting was adjourned at 7:22p.m. 16 Frederick County Board of Supervisors Regular Meeting Minutes * October 23, 2019 10 17 PUBLIC WORKS COMMITTEEREPORT to the BOARD OF SUPERVISORS Tuesday, October 29, 2019 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Robert W. Wells; Gene E. Fisher; and Harvey E. Ed Strawsnyder, Jr. Committee Members Absent: Whitney Whit L. Wagner Staff and others present: Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Mike Stewart, Senior Project Manager; Erin Swisshelm, Assistant County Attorney Attachment 1  Agenda Packet ITEM REQUIRING ACTON BY BOARD OF SUPERVISORS 1-Update on construction of the Albin Convenience Center. Staff presented an updated project budget for the relocation of to be relocated at the old bus shop on Indian Hollow Road. Base have proposed a project budget of $1,600,000.00. A motion was made by committee member Strawsnyder to approve the $1,600,000.00 and to forward to the Finance Committee for furthe motion was seconded by Supervisor Lofton. The committee unanimously approved the motion. After discussions with the Finance Director, Cheryl Shiffler, it Finance Committee meeting will not be held until December. Ther recommending this funding request be forwarded to the Board of Supervisors for their November 13, 2019 meeting. We are requesting $1,600,000.00 to be transferred from the county Capital Fund to the Solid Waste budget, line item 10-4203-8900-00 Improvements other than Building for the construction of the replacement Albin Convenience Center. ITEM FOR INFORMATION ONLY 1-Update on the recycling program for Frederick County. Staff gave an update on the county recycling and litter programs dropped by on percent from 2018 with a total of 902,976 trips to all of the sites. We are getting ready to begin construction on the Albin Convenience Cen We received bids for transporting recycled goods on Friday, October currently reviewing the results and will make recommendations to the Board of Supervisors. 18 Staff also requested for a transfer of revenue in the Solid Wasthe completion of the Stephenson Convenience Site, we received a refund from Verizon for a total of $13,024.75. We had fronted the fees to be paid for moving the V site, at the end of the job, a portion of the funds were returned. Due to anticipated utility costs with the replacement of the Albin Convenience Center proje funds to be transferred from Frederick Countys revenue line time 1035-Refunds Other Than to line item 10-4203-8900-00-Improvements other than Building. A motion was made by Supervisor Lofton to transfer $13,024.75 from the applicable revenue line item to the Solid Waste budget. The motion was seconded by committee Strawsnyder. The motion was unanimously approved by the committee. The request will be sent to the Finance Committee for further consideration. 2-Update on Public Works Projects. Staff gave an update on the Crossover Boulevard road project which continues to move along ahead of schedule. Several other projects are on-going at the Landfill. 3-Discuss the Architectural/Engineering RFP. Staff gave an update on RFP 2020-04C. The review committee interviewed six (6) firms on October 18, 2019. We are currently negotiating with the committees top choice and hope to finalize a contract within the next couple of weeks. The architectural design team will as the county in updating the space needs study and providing design services with future building projects for Frederick County. 5-Discussion regarding the FY2021 budget. Staff gave a brief update on preparations for the upcoming budget. All departments have begun work on their budgets and Public Works will be sending the draft budgets to the Finance Department by November 23, 2019. 6-Proposed Joint Public Works Committee/Landfill Oversight Committ Due to the Thanksgiving holiday, staff will be holding a joint m 2019 at 8:00 am in the Public Works conference room. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney Whit L. Wagner Gene E. Fisher Harvey E. Ed Strawsnyder, Jr. By ____________________ 19 Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Erin Swisshelm, Assistant County Attorney file 20 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Meeting ofOctober 29, 2019 DATE: October 24, 2019 There will be a meeting of the Public Works Committee on Tuesday, October 29, 2019 at 8:00 in the conference room located on the second floor of the north end of the County a.m. Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as follows: 1.Update and discussion regardingsolid waste/recycling program for Frederick County. (Attachment 1) 2.Update on Public Works projects. 3.Discuss RFP 2020-04C – Architectural/Engineering Services submittals. 4.Discuss construction estimate for proposed relocation of the Albin Convenience Center. 5.Discussion regarding FY2021 budget. 6.Proposed date for next joint Public Works/Landfill OversightCommittee-12-03-2019. 7.Miscellaneous Reportsand Documents: a.Tonnage Report: Landfill (Attachment 2) b.Recycling Report Attachment 3) ( c.Animal Shelter Dog Report: (Attachment 4) d.Animal Shelter Cat Report (Attachment 5) JCW/kco 21 Attachments:as stated 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Gloria Puffinburger, Solid Waste Manager THROUGH: Joe C. Wilder, Director SUBJECT: Request for Transfer of Revenue; Albin Convenience Site Project DATE: October 23,2019 The purpose of this memorandum is to request that funds totaling $13,024.75 be transferred from (1035) revenue line item (Refunds Other)toline item 10-4203-8900-00 (Improvements Other Than)in the Refuse Collection budget. The refund from Verizon is a result of the Stephenson Convenience Site Project. It is intended that this refund be applied to any charges that will result from the utility for the relocation of the Albin Convenience Site. If you have any questions, please do not hesitateto contact me at Extension 8219. /gmp cc:file 22 107 North Kent Street, Second Floor, Suite 200Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Gloria M. Puffinburger Solid Waste Manager RE: FY 18/19Site Usage Survey Results; Recycling/Litter Programs DATE: October 22, 2019 _______________________________________________________________________ CONVENIENCE SITE USAGE: one percent based on an August 2018 survey. Overall, it is estimated that902,976vehicle trips per year occur at the various neighborhood sites. The more urban locations of Albin, Greenwood and Stephenson continued to experience the heaviest usage. On its busiest day, 694vehicles visited the Albin site; 647traveled to Greenwood,and 515used the Stephenson location.The Albin site experienced a growth rate of 17 percent over last year. A final site plan is complete for relocation of the Albin facility.For a usage summary, please see attached. RECYCLING PROGRAM: During FY 18/19ing program collected6.3million pounds of materials at the various convenience sites andthe landfill citi, a slight increase over 2018.As reported to the Virginia Department of Environmental Quality, the county53.9percent in 2018.The county rate reflects diversion efforts by local residents and businesses and far exceeds the state mandate of 25 percent. Revenue from the sale of materials dropped $20,000 from 2018 figures to$42,000due primarily to historically lowmarketprices for recycled goods. Apple Valley Waste is currently processing the countys plastic bottles and jugs and is pleased with the quality ofmaterial. Staff and volunteers have worked tirelessly to promote the Recycle Rightmessage and the importance of keeping out contaminateswhich drive up costs and threaten the countys ability to market its material. AVW sets thebar high;contamination rates for the material it receives from curbside,co-mingled collection is just seven percent. An IFB is due Friday, October 25 for the transport of the countysother recyclable materialsto AVW. Arecycling program options assessment for the landfill service area, being conducted by SCS Engineers,is in its final stages. An outline and summary dataarebeing analyzed this week. The study has included a tour of Apple Valley Waste, a cardboard baling facility operated by Republic Services,and interviews with local waste 23 haulers and stakeholdersof FrederickCounty,the City of Winchester and Clarke County.A final report is due to the County next month. A feasibility study which encompasses the entire Northern Shenandoah Regional Planning Districtwill be complete after January1. REGIONAL ELECTRONICS RECYCLING PROGRAM: Tonnages of e-waste recycled during FY 18/19decreased to 234tons, partly due to the light-weighting of todays electronic waste.Events are staged at the regional landfill and additional labor is providedduring events al costs. Fees paid to thevendor are offset by user fees collected for computer ($10) and television ($15) screens. LITTER PROGRAM: Frederick CountyClean Sweep collected 23tonsofroadside litter during FY 18/18. Trustees from the regional jail (CIWF)are supervised by a part-time public works stafferand focus much of their efforts on Route 37, SulphurSprings Road and the primary highways leading into the county with the exception of Interstate 81. Litter and illegally dumped debris arealso removed from secondary roads on an as-needed basis.The crew worked with the Sheriffs Office to help clean up two tire piles, collecting just over 600 illegally dumped tires. The combined efforts of the CIWF representedanin-kind contribution of $37,237.All operational costs assocoff-set by state grant funding of $14,774.The Virginia Department of Transportation, Stephens City Office, transports bagged litter to theregional landfill. With the assistance of Lt.WarrenGosnelland the public information officer, a series of three videos were produced for the Secure Your Loadcampaign. Materials from this venture have been shared with other localities in theCommonwealthand are availableas an on-line resource.The effort is on-going and tarps have been purchased through a grant from Keep Virginia Beautiful which will be distributed by the Sheriffs Office Traffic Division. 24 MEMORANDUM TO: Public Works Committee FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: Plastics Recycling Pilot; Middletown Convenience Site DATE: October 23,2019 As you may recall, staff elected to experiment with the collection of plastic jugs and bottles at the Middletown site, utilizing a trash compactor in place of collection cans. I am pleased to report that the first load of plastics, heavily monitored by site attendantsto curtail contaminates, was serviced and hauled to Apple ValleyWaste/Recyclers for recycling on September 11. The 30-yard receiver can transported 2.11 tons of plastics in a single loadto the recycler at a cost of $375. This demonstrated that further compaction through the use of trash compactors (where available) has the potential to greatly improve recycling efficiency and save money on transportation costs. The compactor accepted plasticsat the site for a period of fourweeks. Containing plastics in this fashion at the Middletown site has the added advantage of conserving capacity on the normal weekly collection truck used for plasticshauling. This allows the program to send just one truck per weekof plastic to the recycler, Apple Valley, in Hagerstown. Note that the refusepull schedule was altered at Middletown to free up the second compactor for recycling, but residents adjusted well and seemed to enjoy being a part of a pilot to improve the plastics program and save money. As a result, staff has made this pilota permanent part of the Middletown site. Once vacated, staff suggeststhat the old Albin compactor be utilized for improved efficiency in cardboard collection. cc:file 26 107 North Kent Street, Second Floor, Suite 200Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: MonthlyTonnage Report -Fiscal Year 19/20 DATE: October 22, 2019 The following is the tonnage for the months of July 2018through June 2020, and the average monthly tonnage for fiscal years 03/04 through 19/20. FY 03-04:AVERAGE PER MONTH:16,348 TONS (UP 1,164 TONS) FY 04-05:AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY 05-06:AVERAGE PER MONTH: 17,785TONS (UP 756 TONS) FY 06-07:AVERAGE PER MONTH:16,705 TONS (DOWN 1,080 TONS) FY 07-08:AVERAGE PER MONTH:13,904 TONS (DOWN 2,801 TONS) FY 08-09:AVERAGE PER MONTH:13,316 TONS (DOWN 588 TONS) FY 09-10:AVERAGE PER MONTH:12,219 TONS (DOWN 1,097 TONS) FY 10-11:AVERAGE PER MONTH:12,184 TONS (DOWN 35 TONS) FY 11-12:AVERAGE PER MONTH:12,013 TONS (DOWN 171 TONS) FY 12-13:AVERAGE PER MONTH:12,065 TONS (UP 52 TONS) FY 13-14:AVERAGE PER MONTH:12,468TONS (UP 403TONS) FY 14-15:AVERAGE PER MONTH:13,133TONS(UP 665TONS) FY 15-16:AVERAGE PER MONTH:13,984 TONS (UP 851 TONS) FY 16-17:AVERAGE PER MONTH:14,507TONS(UP 523 TONS) FY 17-18:AVERAGE PER MONTH:15,745TONS(UP1,238 TONS) FY 18-19:AVERAGE PER MONTH:16,594 TONS(UP849TONS) FY19-20:AVERAGE PER MONTH:17,736 TONS (UP 1,142TONS) MONTHFY 2018-2019FY 2019-1010 JULY 17,70417,956 AUGUST 18,54317,267 SEPTEMBER 14,79917,985 OCTOBER 18,158 NOVEMBER 15,404 DECEMBER 14,426 JANUARY 13,973 FEBRUARY 12,764 MARCH 17,079 APRIL 20,313 MAY 19,443 JUNE 16,519 JCW/gmp 27 31 Employee of the Month Resolution Awarded to: Cecil Affleck WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; andon September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for theaward may be nominated by any County employee; and WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and WHEREAS,Cecil Affleck of the Frederick County Parks and Recreation Department wasnominated for Employee of the Month; and WHEREAS, on July 19, 2019, when a faulty valve at the Clearbrook Park pool filter room resulted in flooding and submerging of the pool pump and motor,Cecil immediately stopped the flow of water,started pumping out the filter roomand set up fans to expedite the drying of the motor; and WHEREAS,Cecil continued monitoring the filter room and added a high speed and volume shop fan to decrease drying time, and after electrical testing and inspection, the motor was inspected and designated safe for use; and WHEREAS, Cecil exhibited quick problem-solvingability locating the valve, stopping the water flow,and setting up multiple fans, and provided exceptional customer service allowing the pool to be open for a morning swim meet, general swim on a hot Saturday afternoon, and a scheduled evening special event;and WHEREAS Cecil's decision making, troubleshooting skills, and dedication are of great value to the Parks and Recreation Department and have benefited the citizens of the County; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of November 2019, that Cecil Affleck is hereby recognized as the Frederick County Employee of the Month for September 2019; and BE IT FURTHER RESOLVED,that the Board of Supervisors extends gratitude to Cecil Affleck for hisoutstanding performance and dedicated service and wishes himcontinued success in future endeavors; and BE IT FINALLY RESOLVED, that Cecil Affleck is hereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia ___________________________________ 32 Charles S. DeHaven, Jr., Chairman 33 Employee of the Month Resolution to: Awarded Emily Tenney WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; andon September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for theaward may be nominated by any County employee; and WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and WHEREAS,Emily Tenney, is a member of the Community Corrections Divisionof the Northwest Regional Adult Detention Center and on several occasions the past few months NurseTenney has made significant contributions tothe health and well-being of the inmates and the overall success of the outside work programs; and WHEREAS, on multiple occasions there has been a need to get inmate workers out to work quickly for special projects through our Community Inmate Workforce program and Nurse Tenneyhas made these medical screens a priority while still handling her normal workload; and WHEREAS, Nurse Tenney recently recognized the possible contamination risk to an inmate who provided CPR to another and on her own accord made all of the arrangements and coordinated for the inmate to be tested; and WHEREAS, most recently,Nurse Tenney spearheaded a solution that allowed an inmate with severe medical treatment needs into the Home Electronic Monitoring program, which permits the inmate to continue getting the required intense treatment without the complications that facilityincarceration can create, and during this incident Nurse Tenney coordinatedwith numerous medical providers, specialists, and the inmate’s family; and when thanked, Nurse Tenneysaid her co-workers made it all possible by assisting with workload so she could focus on getting all of the medical approvalsand details worked out; and WHEREAS, Nurse Tenney has agood rapport with staffand inmates, and is a consummateteam playerwhose performance is often catchingto those who she encounters, and who continues to excel in theareas of problem solving, dependability, work ethic, performance and positive attitude on a dailybasis; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of November 2019, that Emily Tenneyis hereby recognized as the Frederick County Employee of the Month for October 2019; and BE IT FURTHER RESOLVED,that the Board of Supervisors extends gratitude to Emily Tenney for her outstanding performance and dedicated service and wishes hercontinued success in future endeavors; and BE IT FINALLY RESOLVED, that Emily Tenney is hereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia 34 _____________________________________ Charles S. DeHaven, Jr., Chairman 35 Employee of the Month Resolution to: Awarded Michelle Cunningham WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; andon September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for theaward may be nominated by any County employee; and WHEREAS, the Board of Supervisorsupon recommendation by the Human Resources Committeeselects one employee from those nominated; and WHEREAS,Michelle Cunningham is the Administrator for the Crime Solvers Program through the Frederick County Emergency CommunicationsCenter; and WHEREAS, Michelle strives constantly to make sure that the Crime Solvers program is notonly successful, but also easy for the public to access and for the operators in the Emergency CommunicationsCenter to interface with, conducting training with each member of the Emergency CommunicationsCenterstaff to make sure that all know how to utilize the system,and being available at all times for questions that anystaff member may have in relation to working with the system; and WHEREAS, Michelle is diligent in networkingwithtipsters to make sure that suspects are apprehended as well as to make sure thattipsters get compensated for the tips that they give; and WHEREAS, as Administrator for the Crime Solvers program, Michelle takes on extra duties willinglyand doesthem in addition to her other duties in the Emergency CommunicationsCenter, giving extra effort inkeeping with the highest standards of the Frederick County Department of Emergency Communications, and has contributed to a number of arrests as a result of her drive and fortitude; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of November 2019, that Michelle Cunninghamis hereby recognized as the Frederick County Employee of the Month for November 2019; and BE IT FURTHER RESOLVED,that the Board of Supervisors extends gratitude to Michelle Cunningham for her outstanding performance and dedicated service and wishes hercontinued success in future endeavors; and BE IT FINALLY RESOLVED, that Michelle Cunningham is hereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia _____________________________________ 36 Charles S. DeHaven, Jr., Chairman 37 38 39 40 41 COUNTY of FREDERICK Office of the County Administrator MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: November 7,2019 RE: Committee Appointments Listed below are the vacancies/appointments due through December2019.As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agendapreparation. Your assistance is greatly appreciated. SEPTEMBER 2019 Board of Building Appeals Robert M. Rhodes –Frederick County Representative 1107 Cedar Creek Grade Winchester, VA 22602 Phone:(540)722-6303 Term Expires: 09/10/19 Five-year term (Staff has not been able to reach Mr. Rhodes.) (FYI -There are five members on the Board of Building Code Appeals. Members serve a five-year term and are eligible for reappointment. Members should, to the extent possible, represent different occupational or professional fields relating to the construction industry. At least one member should be an experienced builder, one member should be a registered design professional, and at least one member should be an experienced property manager. Employees or officials of the locality shall not serve as members of the Board of Building Code Appeals.) 107 North Kent StreetWinchester, Virginia 22601 42 Memorandum –Board of Supervisors November 7,2019 Page 2 NOVEMBER 2019 Shawneeland Sanitary District Advisory Committee Marianne Biviano 109 Doe Trail Winchester, VA 22602 Home: (540)535-6574 Term Expires: 11/09/19 Two-year term Hugh B. Van Meter 109Potomac Trail Winchester, VA 22602 Home: (540)336-8471 Term Expires: 11/09/19 Two-year term (The ShawneeLand Sanitary District Advisory Committee is comprised of five members made up of resident property owners and serve a two-year term. Members areeligible for reappointment.) Economic Development Authority Gary A. Lofton –Frederick County Representative Term Expires: 11/10/19 Four-year term (The Economic Development Authority is composed of seven members each serving a four-year term.Mr. Lofton was appointed to the EDA as a representative of the Board of Supervisors.Per State Code, Frederick County may appoint a Board member to the EDA, but there is no requirement for such appointment.With that background, Mr. Lofton is eligible for reappointment if the Board so desires;however,the Board would no longer have a direct representative on the EDA.) DECEMBER 2019 Board of Zoning Appeals Dwight E. Shenk –Gainesboro District Representative 801 Lake St. Clair Drive Winchester, VA 22603 Home:(540)323-0624 Term Expires: 12/31/19 43 Memorandum –Board of Supervisors November 7,2019 Page 3 Five-year term (There are seven members on the Board of Zoning Appeals.Recommendations are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) Juvenile Detention Center Commission Robert T. Williamson –Frederick County Representative 357 Sawlog Road Gore, VA 22637 Home:(540)858-2705 Term Expires: 12/31/19 Four-year term (Chairman DeHaven appointed Bob Williamson at the Board of Supervisors meeting of January 13, 2016 for four-year term to take seat as County representative. The Juvenile Detention Center Commission wanted Mr. Williamson to remain on the Commission after his term as Sheriff expired on December 31, 2015.) Jay E. Tibbs –Frederick County Representative (Alternate) Term Expires: 12/31/19 Four-year term (Mr. Tibbs was appointed to serve as the Alternate at the Board of Supervisors meeting of October 10, 2017. The Alternate serves the same term as the County representative.) (The County has one representative on the Juvenile Detention Center Commission According to the service agreement dated December 20, 1996, and an alternate. and the amendment dated November 15, 1999, recommendations for appointment are made by the Board of Supervisors and submitted to the Chief Judge of the Twenty-Sixth District Juvenile and Domestic Relations Court for consideration.If and when the Board of Supervisors appoints someone new to the commission, the new appointment must be after consultation with the Chief Judge of the Twenty- Sixth District Juvenile and Domestic Relations Court. ) VACANCIES/OTHER Shenandoah Area Agency on Aging (AAA) Richard Bever –Frederick County Representative 1309 Ambrose Drive 44 Memorandum –Board of Supervisors November 7,2019 Page 4 Winchester, VA 22602 Term Expires: 09/30/22 Four-year term (Mr. Bever has advised that he has resigned from the Area Agency on Aging as he will be moving out of state.) (Frederick County has one member on this board. According to agency by-laws, each jurisdiction may nominateone individual for appointment, with final appointment being made by the Area Agency on Aging Board.(The member-at-large representative from each locality is selected by the Area Agency Board.) The Area Agency on Aging shall have the right not to accept any nominee it considers to be incompatible with the best interests of the SAAA and Board. Members may only serve two terms.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester Mary Braun –Non-Profit Sector Rep. (Shen. Valley Discovery Museum) Shen. Valley Discovery Museum 19 W. Cork Street Winchester, VA 22601 Phone: (540)722-2020 Term Expires: 06/30/19 Three-year term (Resigned 03/26/19) Sharon Farinholt –Private Sector Rep. (Crown Trophy) Crown Trophy 661 Millwood Avenue Winchester, VA 22601 Office:(540)665-4485 Term Expires: 06/30/19 Three-year term (Not eligible for reappointment) Andy Gyurisin –Private Sector Rep. (Nerangis Management Corp. –Alamo Draft House) 177 Kernstown Commons Blvd. Winchester, VA 22602 Office:(540)667-1322, Ext. 111 Term Expires: 06/30/19 Three-year term 45 Memorandum –Board of Supervisors November 7,2019 Page 5 (Per the Tourism Director 11/6/19, they have a candidate their board will be voting on this month and then forwarding to the City of Winchester for the interview process. We will keep the Board of Supervisors updated as to status once known.) (The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001. Recommendation for appointment is contingent upon like approval by the City of Winchester.) AWP/tjp U:\TJP\committeeappointments\MmosLettrs\BoardCommitteeAppts(11132019BdMtg).docx 46 47 48 49 50 51 52 BOARD OF SUPERVISORS AUTHORIZING THE COUNTY ATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF SHAWNEE DISTRICT REPRESENTATIVE TO THE BOARD OF SUPERVISORS 53 54 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@co.frederick.va.us M E M O R A N D U M M E M O R A N D U M TO: Board of Supervisors THROUGH: Kris C. Tierney, County Administrator FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Shawnee District Vacancy DATE: November 6, 2019 As the Board is aware, Shawnee District Supervisor Shannon Trout will be moving out of Frederick County and will be unable to complete her term on the Board. The effective date of her resignation is November 13, 2019. Procedurally, per Virginia Code Section 24.2-228(A), the local governing body has a period of 45 days after an office becomes vacant to appoint a new member to the governing body. In order for the governing body to exercise this power, it must do so within the 45-day period, because the power to make the appointment otherwise transfers to the Judges of the Circuit Court for the locality thereafter. Here, as the vacancy takes effect on November 14, 2019, the 45-day period ends on December 28. In light of the resignation and the need to appoint an interim representative for the Shawnee District, staff would recommend the following process for finding a candidate to fill the seat until a special election can be held to fill the unexpired term. The recommended process has been used to fill prior vacancies, most recently Stonewall and Gainesboro districts. The proposed process is as follows: -Placing an ad/notice in the Winchester Star, county website, and social media. Candidates would complete an information data sheet/application for the interim appointment and provide a lett -Applications would be received in the County Administrators office. -All applications received would be forwarded to the Board of Supervisors, as they are received. -Board members may contact any applicants to discuss their interest in 55 , Virginia 22601-5000 The deadline for applicants to apply would be Monday, December 2, 2019 at 5:00 p.m. The Board could announce its selection at its December 11, 2019 meeting. The vacancy notice and application would be posted to the website and social media immediately following the November 13, 2019 meeting, but no later than 9:00 a.m. on November 14, 2019. Staff will put the ad in the Winchester Star as soon as possible within the confines of the If the Board agrees with this proposed process, staff is seeking authorization to proceed with the advertisement of the interim appointment. Should you need any additional information, please do not hesitate to contact the county administrator. Attachments 56 , Virginia 22601-5000 57 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Proposed 2020 Legislative Initiatives DATE: November 8, 2019 20 legislative agenda. Staff sought input from board members and has attempted to incorporate suggested additions. We have identified 8 primary initiatives that will be the focus of our lobbying efforts during the upcoming session. In addition, we have proposed Frederick County positions on a variety of other legislative ite Staff has highlighted new items or new verbiage. In addition, staff received input from board members and we have shown those additions highlighted and in underline italics. Please know this is not a final agenda and, as bills are drafted throughout the General Assembly session. communicate our initiatives to our state officials and the Virginia Associat inclusion on their legislative agenda. If you have any questions, please do not hesitate to contact me. Attachment 58 2020LEGISLATIVE INITIATIVES FREDERICK COUNTY, VIRGINIA Priority Items: Reconsideration of Proffer Legislation Frederick County encourages the General Assembly to reconsider the provisions of SB 549, which enacted § 15.2-2303.4 as an amendment to the Code of Virginia, so that localities might have the flexibility to better work with the development community in order to address the increased demand for public facilities and services (e.g. schools, roads, parks, and public safety services) caused by incresidential growth. Localities should be allowed to factor in committed capacity when considering a residential rezoning. At a minimum, the legislation needs to provide guidelines for localities to follow for implementation. Further Frederick County supports consideration of legislation t enable the capturing of capital costs relative to development through development impact fees or capital cost recovery. Local Taxing Authority Frederick County desires legislation to provide local specific taxing authority to increase taxes on meals and transient occupancy, without legislative imposition of mandatory specific uses of the realized gain in revenue. Equal Taxing Authority for Counties Eligible for City Status - Frederick County supports legislation to provide equal taxing authority for Counties based on population density (i.e. Counties that already have the population density to be eligible for city status should also be recognized for needing additional taxing authority to address the impacts of urbanization and higher density, as currently defined in the State Code). Funding for Transportation Improvements Frederick County supports increased funding for local transportation improvements. Due to insufficient funding the SmartScale program is only able to address a fraction of the many worthy projects that are applied for at each application cycle. Many projects with demonstrated need are not funded and to make matters worse, in many cases the projects that are funded, while addressing immediate needs, tend to be low cost items that provide short-term relief rather than more costly projects that provide a long-term solution. Additionally, these low-cost, immediate need projects are then not scheduled until the end of the next six-year program. The concept of SmartScale scoring is a good one, however the inadequate funding leads to many unaddressed needs and important items such as future growth not being considered. Frederick County supports more equitable SmartScale Policy. The current 3 step process is not equitable to localities such as Frederick County. It should not be possible for projects in other areas to be funded with lower scores than projects in localitiesother reason than the way the policy is written. This goes against the purpose of SmartScale and must be corrected. 6.Increase in Dollar Amount Above Which the Board Must Approve Tax Frederick County supports a change to VA Code §58.1-3981(A) to increase the dollar amount above which 59 the Board must approve tax refunds from $2,500 to $5,000. The ex changed since 1995 (1995 Acts of Assembly c. 108). This proposcould reduce by over half the number of tax refunds that must go to the Frederick Cou u.©š7,“7 C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ Œ;mz­Œ·zš“ ·w· ¦©šÝz7;­ 77z·zš“Œ ·ššŒ­ Eš© -šÒ“·z;­ Ez““-;r ,ÒzŒ7r “7 š¦;©·; š¦;“ --;­­ “;·Þš©‰­ z“ ¦©·“;©­wz¦ Þz·w -š’’;©-zŒ z“·;©“;· ­;©Ýz-; ¦©šÝz7;©­u CÒ©·w;©r C©;7;©z-‰ /šÒ“·ä Ò©m;­ ·w; /š’’š“Þ;Œ·w ·š ­­z­·“-; ·š -šÒ“·z;­ ·š ,ÒzŒ7 ·w; “;-;­­©ä ·;Œ;-š’’Ò“z-·zš“­ ғzÝ;©­Œ EEš©7,Œ; --;­­ ·š ·w; z“·;©“;· Eš© ŒŒ ©;­r ¦©·z-Ҍ©Œä z“ ғ7;©­;©Ý;7 “ ©;­u u L“·;©­··;  C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ Œ;mz­Œ·zš“ ·w· ©;¨Òz©;­ ŒŒ Eғ7z“m -šŒŒ;-·;7 ғ7;© ·w; L“·;©­··;  ©©z7š© L’¦©šÝ;’;“· tŒ“ “7 Cғ7 ,; Ò­;7 ­šŒ;Œä Eš© -¦z·Œ ;ã¦;“7z·Ò©;­ ©;Œ·;7 ·š L“·;©­··;  ;’;“·­ Þz·w “ š¦;©·zš“Œ ;ã¦;“7z·Ò©;­ Eš© ·wz­ ¦©šm©’ ,;z“m Eғ7;7 E©š’ ·w; ­··; ,Ò7m;·u Other Positions: 1.Education Funding Frederick County calls upon the Governor and General Assembly to fully fund the Virginia Standards of Quality as recommended by the Board of Education and the Standards of Accreditation. Further, Frederick County supports the full reinstatement of the COCA (Cost of Competing Adjustment) for teachers and support sta County supports the exclusive use of state lottery proceeds to fund public education. Further Frederick County supports the development of a statewide school supported by adequate state funding. 2.Virginia Tech Cooperative Extension Agency 229 Funding Frederick County supports funding from the General Assembly for the Virginia Research and Extensio Agency 229. Funding could add additional Agriculture and Natural Resources Agents in and Page Counties, which have been vacant due to a lack of adequate state funding. In addition, the proposal would provide for a market adjustment for Extension adjustment is critical to addressing staff turnover. 3.Funding for Jails The state should fully fund any increased costs or operational issues faced by local or regional jails when a change to the definition of state-responsible prisoner or other term results in an increase. 4.Additional Resources for Department of Corrections Frederick County encourages the General Assembly to provide sufficient resources to the Departme they may comply with the Code of Virginia requirement that they within 60 days of being notified by the courts. 5.Medicaid coverage for jail inmates. Frederick County supports legislation to eliminate the ineligibility of incarcerated inmates to receive Medicaid benefits. Currently state and federal law requires that incarcerated individuals lose their full Medicaid coverage, instead receiving limited coverage to include hospitalization only, while they are in jail. This negatively impacts local or regional jail budgets, especially with the increasing 60 numbers of chronically and mentally ill inmates on the rise. This proposed change would also allow state inmates to receive Medicaid benefits while incarcera 6.Machinery and Tools/BPOL Taxes Frederick County opposes any efforts to restrict local government revenue sources. 7.Unfunded Mandates Frederick County opposes the enactment of any new mandates on local governments or school systems unless state appropriations are made to fully fund those mandates. 8. Frederick County supports increasing fees above the historical $25/quarter for beer/wine/soft drink retailers, wholesalers, and restaurants (a.k.a. those who generate litter). Grant funding from this program is allocated based on road mileage and population. Because there is no enforcement mechanism for those who elect not to pay the fee, the program is woefully underfunded. In Frederick County, this program covers only the operational costs for a part-time litter crew supervisor and leaves the county to fund additional costs such as supplies, vehicle, and outreach programs to deter l u w;-ä-Œz“m C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ -šŒŒ,š©·zš“ Þz·w ·w; {··; ·š Ez“7 Œ·;©“·zÝ; Ò­;­ Eš© mŒ­­ “7 ¦Œ­·z- ©;-ä-Œ,Œ;­ “7 ·w; Ò­; šE ,zš7;m©7,Œ; Œ·;©“·zÝ;­u az“z“m w;-Œ’·zš“ tŒ“­ C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ Œ;mz­Œ·zš“ ·w· ©;¨Òz©; Œš-Œz·z;­ ©;-;zÝ; Eš©’Œ “š·z-; šE “ä ©;-Œ’·zš“ ¦Œ“­ “7 ’;“7’;“·­ ·š ­z7 ¦Œ“­ ­Ò,’z··;7 Eš© ’z“z“m š¦;©·zš“­ Œš-·;7 Þz·wz“ ·w; ©;­¦;-·zÝ; Œš-Œz·ä z“ š©7;© ·w· ·w; Œš-Œz·ä ’zmw· wÝ; ·w; š¦¦š©·Ò“z·ä ·š ©;Ýz;Þ “7 ¦©šÝz7; -š’’;“·­ ©;m©7z“m “ä ©;-Œ’·zš“ ¦Œ“ “7 ’;“7’;“·u 11.Tax Incentives for Land Conservation Frederick County supports increasing the tax incentives in order to encourage landowners to participate in land conserva 12.Medicaid Expansion Frederick County supports full reimbursement for the local share of the additional administrative costs associated with Medicaid expansion. ©-·š© ©zŒ;© “7‰š© ©-·š© ©zŒ;© /, t©‰z“m š“ w;­z7;“·zŒ {·©;;·­ C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ Œ;mz­Œ·zš“ ·š ;“,Œ; Œš-Œz·z;­ ·š ©;­·©z-· ·w; ¦©‰z“m šE ·©-·š© ·©zŒ;©­ “7‰š© ·©-·š© ·©zŒ;© -,­ š“ ©;­z7;“·zŒ ­·©;;·­ ғŒ;­­ Œš7z“m š© ғŒš7z“m 7;ŒzÝ;©z;­u z’; [z’z· ·š /š’¦Œ;·; w;­z7;“·zŒ IšÒ­; /š“­·©Ò-·zš“ C©;7;©z-‰ /šÒ“·ä ­Ò¦¦š©·­ Œ;mz­Œ·zš“ ·w· ޚҌ7 ;“,Œ; Œš-Œz·z;­ ·š ;“-· š©7z““-;­ ·w· ޚҌ7 ©;¨Òz©;  ,ÒzŒ7;© š© 7;Ý;Œš¦;© šE  ©;­z7;“·zŒ wšÒ­; ·š -š’¦Œ;·; ·w; ­·©Ò-·Ò©; Þz·wz“ š“; ä;© E©š’ ·w; z­­Ò“-; šE ·w; ,ÒzŒ7z“m ¦;©’z·u 61 Legislative Requests Below are items I would like the Board of Supervisors to consider adding to the legislative agenda which is scheduled for the BOS meeting on November 13, 2019. Although staff has requested any legislative recommendations to be submitted by November 6, 2019, I am willing and would expect that I/we would have conversations with all affected parties if legislation proposed below is considered by the General Assembly. Item 1.Tractor trailers and/or tractor trailer cabs cannot park on residential streets unless loading or unloading deliveries . Reason : In Red Bud this last year, people have parked tractor trailers and tractor trailer cabs on residential streets and left them parked for more than a month at a time on multiple occasions. One truck driver works in Clark County, but parked his tractor trailer in his neighborhood. He could have parked the truck at work and commuted with his car, but he did not. Tractor trailer drivers may need places to park their trucks, but residential neighborhoods should not be an option. Current law does not prohibit this type of parking. Item 2. Residential house buildingA builder or developer of a residential house . must complete the structure within a year . Reason: Current law says that a developer or builder who begins to build a residence must have a building permit. However, that building permit can be renewed indefinitely as long as some change occurs every six months. A developer began building the basement of a house in a residential neighborhood in Red Bud, but then moved his workforce to a building project in Winchester City. He left the basement unfinished, building materials on site, and trash on the unfinished house. The open basement was left for more than a year before work began on the house. Based on current law, the unfinished project could have been left unfinished indefinitely as long as some change occurred. That change, according to staff, could have been as little as putting some new building materials on site. Therefore, I would like the Board to consider asking the General Assembly to require that any builder or developer than begins building a home must complete the home within a year. that gives the builder time to build a home and the surrounding neighbors a knowledge when the work will be completed. Thank you for your consideration. Blaine P. Dunn 62 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@co.frederick.va.us M E M O R A N D U M M E M O R A N D U M TO: Board of Supervisors THROUGH: Kris C. Tierney, County Administrator FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Public Safety Radio System Technical Assessment Report SIRN Option Analysis DATE: October 15, 2019 On June 12, 2019, the Board held a work session with Mission Critical Partners (MCP) to hear the findings of their Public Safety Radio System Technical Assessment report. The Board received the report, which provided an overview of the current radio system, a recommended level of coverage (performan standard), a recommended system design, and estimated costs to implement. Following the MCP work session, questions were raised regarding the possible use of the West Virginia Statewide Interoperability Network (SIRN) as an alternative to constructing a new radio system. To answer those questions and to explore the viability of SIRN as an alternative, MCP was retained to analyze SIRN as an option. The scope of work included the following: -Whether SIRN can meet the desired technical and performance requirements. -Potential cost savings. -Various business factors: Willingness of SIRN administrators to consider an appropriate business relationship. o Initial and ongoing costs. o Procurement considerations. o Governance requirements. o Requirements and guidelines regarding participation, use, maintenance, and future o upgrades. 63 107 No22601-5000 MCP completed their analysis and a draft report was given to representatives of the users of the system (Fire & Rescue, Sheriffs Department, Emergency Communications, and Volunteer Fire & Rescue Companies) known internally as the Communications Committee. At the conclusion of the presentation, the Communications Committee forwarded the report to the Board and recommended that the Board authorize the development of a Request for Proposals, which will enable actual costs to be determined and presented to the Board. MCP will present their analysis and report. At the conclusion of MCPs presentation, staff is seeking authorization the develop system specifications and RFP document, and move forward with a competitive procurement process that will result in a selected vendor, the system solution of choice, and a negotiated contract for the Boards consideration. Should you have any questions, please do not hesitate to contact me. Attachments 64 107 No22601-5000 SIRN Option Analysis Final Report PREPARED NOVEMBER 2019 FOR FREDERICK COUNTY, VIRGINIA 65 Table of Contents 1Introduction ............................................................................................................................. 1 2Analysis of the SIRN Option .................................................................................................... 1 3Findings and Recommendations ............................................................................................. 4 4Next Steps .............................................................................................................................. 5 5Conclusion .............................................................................................................................. 5 Appendix 1 Best System Option ................................................................................................. 7 Appendix 2 Cost Estimates ....................................................................................................... 10 66 ii 1 Introduction Mission Critical Partners, LLC (MCP) was hired by Frederick County, Virginia, (County) to analyze the viability of expanding West Virginia Statewide Interoperable Radio Network (SIRN) to meet the County needs regarding a public safety radio system. MCP recently completed a needs assessment pertaining to the public safety radio system. County administration requested that this analysis be conducted as a means of gathering information that will enable officials to decide whether SIRN is a viable option. The following factors were analyzed: Whether SIRN can meet the desired technical and performance requirements Potential cost savings Various business factors: Willingness of SIRN administrators to consider a mutually beneficial business relationship Initial and ongoing costs Procurement considerations Governance considerations Requirements and guidelines regarding participation, use, maintenance, and future upgrades The methodology of our analysis included review of the original and updated version of a memorandum of understanding (MOU) between Frederick County and SIRN for use of the SIRN system, which were drafted by SIRN staff. Additionally, information and clarifications were gathered via conference call and the exchange of correspondence between the parties. The report also includes two appendices, which are excerpts from the April 2019 Public Safety Radio System Technical Assessment final report: Appendix 1 Best System Option Appendix 2 Cost Estimates This information is provided for ease of reference. 2 Analysis of the SIRN Option The following sections provide details regarding analysis of the SIRN option, which resulted in several key findings that correlate to the factors identified above. 67 1 1. SIRN meet the desired technical and performance requirements SIRN currently has no tower sites within the county. To provide the desired coverage and performance levels identified in the needs-assessment report, the County would need to build out a trunked simulcast radio system with approximately eight sites. Under the proposed MOU with SIRN, the new and/or existing tower sites that will be part of the new system design while owned and maintained by the Countywould become a part of SIRN. In addition, , which will be a part of the new system design, would also be tied into SIRN requires that the County uses only ultra-high frequency (UHF) frequencies in its new system. Based questions the availability of adequate UHF frequencies that could be licensed countywide for a simulcast system, thus the viability of a UHF system design is uncertain. This is a significant potential limitation. Frederick County should require a frequency plan from any vendor who would propose a design based on UHF frequencies. 2. Potential cost savings of the proposed partnership with SIRN SIRN has offered to allow the County to use its Motorola system core, which manages the system databases, console connectivity, and assigning system resources. ,This would result in an estimated savings to the County of $300,000. However, the primary costs identified in the needs assessment are driven by the buildout of an eight-site trunked simulcast system and the purchase of new radios. These costs would be unchanged by the proposed partnership between the County and SIRN. Other costs would further diminish any cost savings achieved by leveraging the system core. These include costs associated with: SIRN requirement that the County purchase and install microwave equipment to establish a path between its new system and system core, estimated at $100,000. This equipment is separate from the microwave system that will be a component of the new County radio system. Ensuring reliability in the event of a microwave path failure system core, estimated at $65,000. This feature, which Motorola calls Edge, would likely not be required if the new County system had its own Motorola core. Additionally, SIRN requirement that the County purchases new radio system equipment from Motorola competitive procurement process. Thus, the overall costs for the new system likely would be higher than what could be obtained through such a process Overall, MCP believes that there would be no net savings to the County by entering into the proposed agreement with SIRN; in fact, such a partnership could result in higher overall costs to the County. 68 2 3. Analysis of various business factors related to the proposed agreement with SIRN a. Willingness of SIRN to consider an appropriate business relationship SIRN is willing to enter into a written agreement with the County in the form of an MOU, but the proposed agreement for a shared radio system does not offer the County any significant benefits or cost savings. However, SIRN is open to discussing other mutually beneficial agreements outside of a shared system partnership and is especially interested in an arrangement that would give SIRN space on new County sites. This would enable SIRN to create a microwave system loop design through is developed. and procured. b. Initial and ongoing costs Initial costs to the County, above those estimated in the April 2019 study, would include the purchase and installation of selected microwave equipment for SIRN, estimated at approximately $100,000, as well as $65,000 for equipment needed to ensure reliability if a SIRN microwave system outage occurs. It is important to note that SIRN is not requesting any ongoing user fees. SIRN has expressed a willingness to upgrade the software and firmware version of existing County radio consoles at its cost, not to exceed $50,000. This is needed to align with the overall system-version upgrade that SIRN is implementing. c. Procurement considerations Requiring the County to purchase its radio system equipment from Motorola and microwave equipment from Aviatwould compromise ability to conduct an open and competitive procurement process. Besides the cost implications, an additional complication is that this stipulation could be viewed as a sole-source procurement, which would be difficult to justify when considering the totality of the proposed benefits to the County from a SIRN partnership. While there are other contract mechanisms that could be considered, such as state contract pricing or purchasing under another contract; these options would cover the purchase of equipment but are unlikely to cover the related services such as design, engineering, project management and installation all of which are significant vendor cost factors. An open and competitive procurement process would avoid these concerns. d. Governance considerations Per the revised MOU, SIRN would require the County to follow all of its policies and procedures for authorized system users. This includes the requirement to obtain SIRN approval for a variety of system-use decisions and activities, including: 69 3 Talkgroup activation and use Regional channel use Radio equipment restrictions Radio programming requirements Other system usage guidelines It is unknown whether any of these approval requirements would restrict the system usage desired by the County. Frederick County would need to follow SIRN process and approval requirements to understand any restrictions to the desired usage which might exist. e. Requirements and guidelines regarding participation, use, maintenance, and future upgrades Per the terms of the proposed revised MOU, long-term SIRN system-user obligations include obtaining SIRN approval for any work at radio sites, because the County sites would be considered part of SIRN. Any desired changes to the County use of SIRN also would require the . Other obligations include staying in alignment with SIRN radio and microwave system version requirementsthese could result in upgrade costs to the County that may or may not have been incurred otherwise. 3 Findings and Recommendations The proposed MOU would make the County new public safety radio system part of SIRN. As such, users would be considered users of SIRN as well, and would have to follow all SIRN user policies and procedures. Any cost savings to the County from this agreement would be negligible; in fact, by compromising the titive procurement process, overall costs to the County could be higher than if the County procured its own new radio system independent of any shared-system-use agreement with SIRN. Current mutual-aid and interoperability agreements, as well as operational procedures, with SIRN could be maintainedand potentially enhancedthrough features of the new public safety radio system, without entering into the shared-system agreement. Additionally, SIRN is open to discussing other shared site opportunities with the County in the future. The option for vendors to investigate a shared-system design with SIRN could be included in the procurement of a new system, and if proposed by a vendor, could be evaluated on its merits during the proposal review process. However, SIRN requirement that only UHF frequencies be used in the County new system, if it were to become part of SIRN, is a design limitation that could prevent the County from obtaining a sufficient number of licensable frequencies to support its desired system design. 70 4 Based on the findings of this analysis, MCP recommends that Frederick County move forward with the development of a request for proposal (RFP) and a competitive procurement process for implementing its own independent radio system to meet its identified needs. We believe that this approach would result in the most favorable pricing and would give the County full control over how its new system is used. 4 Next Steps The existing radio system has numerous performance and safety deficiencies that have the potential every day of negatively impacting the ability of emergency responders to communicate during routine and critical incidents. Meaningful improvements only will come through an investment in a new system and radios. Key next steps include the following: Brief the County B proceed with the next step of the planning process; which would be to develop system specifications and an RFP document, and decide on any proposal options. Move forward with a competitive procurement process that will result in a selected vendor, the system solution of choice, and a negotiated contract that can be presented to County administration and the board for approval. The typical implementation period for a radio system is 1224 months after the vendor contract award. With the necessary planning and procurement tasks, it may be two to three years before a new system is implemented and operational. Regardless of the solution chosen, to obtain the best possible pricing and value, MCP recommends that the County utilize a competitive procurement process. 5 Conclusion The public safety radio system users in Frederick County have identified numerous deficiencies that exist today, which can and do adversely impact their ability to reliably communicate during routine and critical incidents. Local elected officials and senior staff members requested a needs assessment to better understand the situation and to receive information regarding options and recommendations that would improve public safety communications capabilities in the county. That assessment was completed and detailed in a final report in April 2019. With the completion of the assessment and this report, which considered the viability and desirability of West Virginia Statewide Interoperable Radio Network (SIRN) as a solution option, decisions can be made based on a much better understanding of the needs and potential solutions. It should be noted that any 71 5 RFP document could include language that would enable a respondent to include SIRN as a part of their response to the RFP as a system design option. MCP is available to assist with planning, procurement, and implementation needs as appropriate. 72 6 Appendix 1 Best System Option (Excerpted from the April 2019 assessment final report) communications system that must be addressed. MCP has identified a design option that, at a minimum, satisfies these criteria. Implementing a new P25 Phase II, eight-site six-channel simulcast system A P25 Phase II (TDMA) trunked simulcast system would provide the greatest level of capabilities and features for system users. The typical time required to implement a project of this nature from inception is two to three years. A P25 trunked simulcast system will provide a reliable and flexible platform that can address coverage issues through the installation of additional sites and provide substantially increased capacity. Based on loading calculations, it is estimated that a total of nine talk paths will be necessary to provide an adequate level of capacity. This capacity level can be obtained through the usage of six TDMA channels. Each channel would be available for access at every site. MCP estimates that eight radio sites will be required to provide a reasonable level of coverage and performance. The new coverage performance criteria were established by the user group during the needs assessment. It blends different levels of coverage across the county, as follows: County border-to-border mobile coverage 12-dB in-building coverage for the valley portions of the county where there are buildings and roads. (This was the same criteria used in Shenandoah County after MCP worked with its geographic information system (GIS) contact to identify road and building density that applied to the coverage area.) 20-dB in-building coverage within the boundary of the City of Winchester and two miles out from that boundary. 20-dB in-building coverage along the Interstate 81 corridor and within one mile on either side of that corridor. (These two areas will have some overlap as the interstate runs through the City of Winchester) Figures 4 and 5 below are coverage maps which demonstrate the anticipated improvements between todays law enforcement system coverage, and the coverage provided by the new conceptual system design. 73 7 Figure 1: Existing Law Enforcement Radio Coverage 74 8 Figure 2: Conceptual System Design Coverage 75 9 Appendix 2 Cost Estimates (Excerpted from the April 2019 assessment final report) MCP developed a cost estimate for the recommended radio system. The section that follows provides details and a cost summary as well as high-level assumptions. Important update note: The school district has reduced the number of radios it would need significantly since the time of the initial assessment. This change would reduce the total cost estimate for the new system by $1 million to $1.5 million. This cost reduction has not been included in the following estimate as this information is excerpted from the previous study. The costs in this report include typical discounts. In a typical competitive procurement process, vendors normally will offer a discount of 20 percent to 30 percent. These discounts may be bundled and include a variety of factors such as discounts off list price, system incentive discounts, customer loyalty discounts, and other creative factors. Due to these variables, MCP uses a more conservative discounting estimate to ensure that actual costs will be lower than the estimates, not higher. Our budgetary estimates also include a project contingency for anticipated infrastructure and site upgrade costs. This contingency is intended to cover items such as unexpected/unusual site foundation costs, land acquisition or lease costs, unusual existing tower structural enhancement costs, possible intermediate microwave site costs, and other items that may not be identified until a design has been finalized and preliminary engineering work completed. The budgetary estimates also include a cost for five years of system maintenance. For portable radio pricing, MCP included all necessary software, antenna, single-unit charger, and remote speaker microphone. For mobile radio pricing, MCP included all necessary software, control head, antenna, palm microphone, and installation. Spare batteries were not included in pricing but are estimated to cost $140 each. The budgetary estimate includes line items for both infrastructure and subscriber radio options. The County will decide which of these options to purchase as actual pricing becomes clear during the procurement and contract negotiation process. The table below summarizes the costs associated with each of the identified options, including microwave backhaul, user equipment, and project management and engineering. 76 10 Table 1: Estimated Costs Budgetary Summary of Costs 800 MHz, P25 Phase II simulcast, 8 sites (trunked), 6 Land Mobile Radio channels (10 talk paths and 1 control channel) Mutual-aid $5,076,660 System overlay, backup consolettes, dispatch consoles Backhaul Network 166 megabits per second (Mbps), ring topology, 6 hops $1,574,191 Facilities 8 sites; 4 existing and four raw-land (greenfield) sites $4,112,259 Subscribers Tier I/II P25 Phase II trunking operations $4,164,455 Project Management Implementation oversight, engineering $490,112 Subtotal: $15,417,677 Radio System Options CSSI, ISSI, PTT application, OTAR, OTAP, encryption $1,156,672 Microwave System MPLS networking $90,756 Options Licenses for OTAR, OTAP, AES encryption for law Subscriber Options $484,652 enforcement Multiband Radio Option Multiband Mobiles and Portables for Law Enforcement $1,162,137 * Upcharge Law Enforcement Multiband Radio Option Multiband Mobiles and Portables for Fire/EMS Upcharge $1,756,746 * Fire/EMS Site-Enhancement Tower modifications at four sites $296,858 Contingencies Total with Options: $20,365,498 * Note: The cost of moving from a single band radio to a multi-band radio is significant and varies somewhat based on the vendor selected. For cost estimation purposes MCP uses a value which would accommodate selection of any of the typical prime vendors. The actual cost paid for this upgrade may be lower based on a competitive procurement process and the typical bundling of discounts. 77 11 The following table details the distribution of radios across primary user agencies and functions. Frederick County Subscriber Count Quantity Cost Subscribers Schools Portables 774 $1,302,010.42 Mobiles 300 $504,655.20 Sheriff Mobiles 185 $540,356.29 Portables 150 $397,273.68 Control Stations 2 $13,912.80 Fire/EMS Mobiles 250 $730,211.20 Portables 250 $662,122.80 Control Stations 2 $13,912.80 TOTALS 1,913 $4,164,455.18 Note: Lower cost radio types are used for general government use while a higher cost public safety grade radio is used for Law Enforcement and Fire. BUDGETARY SUMMARY Subscriber Land Mobile Radios Radio System 26% 35% Backhaul Facilities and Network Site 11% Improvements 28% 78 12 5.1.1 P25 Phase II, Trunked Simulcast, 8-Site, 6-Channel System Assumptions include the following: Total of eight sites with six channels at each site Four existing sites and four raw-land (greenfield) sites One raw-land site would have a 260-foot, self-supporting tower, and three sites would have 300- foot towers; Each site would have a generator, shelter, power, site preparations, regulatory work, and site purchasing allowance Grounding updates at all sites and two new shelters at Brown Lane and Tasker Water Tower New generator at North Mountain Site-reuse enhancement allowance for four sites Trunking system with simulcast transmit and voted receive signal at all sites New paging equipment at new Winchester site; added simulcast paging Mutual-aid overlay system with four channels at five sites Radio gateways at each site for conventional resources Six new radio dispatch consoles to ensure a process that can be vendor neutral Six backup consolettes Structural analysis and modifications for existing towers to latest TIA-222 revision G standard1 Loop-configured microwave network connecting all radio sites and dispatch New shelter, generator, and upgrades at one new location Replacement of the following portable radios, mobile radios, and control stations: Subscribers Quantities Cost Public Safety Mobiles 435 $1,270,567 Public Safety Portables 400 $1,059,396 Local Government Mobiles 300 $504,655 Local Government Portables 774 $1,302,010 Control Stations 4 $27,825 Totals 1,913 $4,164,453 Vendor project management and engineering 1 Telecommunications Industry Association. 79 13 Recommended spares Mobile radio pricing includes dash-mounted radio control head, P25 software, packet data, OTAP, 3-dB antenna, and palm microphone Portable radio pricing includes conventional P25 software, ¼-wave antenna, single-unit charger, and wired remote speaker microphone Digital logging recorder and interface upgrade allowance Project management for implementation oversite System options are as follows: ISSI and CSSI PTT application and 100 user licenses for 20 talkgroups OTAR, OTAP, GPS location services, servers, and licenses Allowance for in-building bidirectional amplifiers and distributed antenna systems MPLS service for microwave network Optional procurement of multiband 185 mobiles and 150 portables for law enforcement Subscriber radio options are as follows: AES encryption for law enforcement OTAP OTAR Five years of system maintenance as an option, which likely would be a future operational budget item Software and hardware system upgrade agreement Maintenance includes remote technical support, system dispatch, annual preventive maintenance, advanced repair and replacement, security updates, field support, and active monitoring 5.1.2 Lifecycle Budgetary Estimates Frederick County can anticipate an increase in system-sustainment costs. These costs are attributed to equipment maintenance, upgrades, and facility maintenance. With more-advanced systems such as trunking systems, additional software update fees are required to keep the system at current release. The table below summarizes the estimated lifecycle costs. The upgrade agreement keeps the radio system up to date with the latest revision of software and hardware. Maintenance and monitoring includes remote technical support, system dispatch service, annual preventive maintenance, onsite technical support, security updates, equipment parts replacement and infrastructure repair, and system monitoring. Site maintenance includes site upkeep, annual preventive maintenance checks, and any repairs to the grounding and HVAC systems. Subscriber maintenance includes firmware updates to the subscriber radios, extended warranty work, and programming changes. Service Year 1 Year 2 thru 5 P25 System Upgrade Agreement (Hardware/Software) Included $526,481 Maintenance and Monitoring Included $729,814 80 14 Service Year 1 Year 2 thru 5 Subscriber Radio Maintenance Included $77,582 Site Maintenance $83,040 $351,626 Subtotal: $83,040 $1,685,503 5-Year Grand Total $1,768,543 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 Year 1Year 2Year 3Year 4Year 5 Subscriber Maintenance Site Lease Costs Site Maintenance (owned sites) Maintenance and Monitoring P25 System Upgrade Agreement - Hardware and Software Figure 4: Estimated System Sustainment Costs 81 15 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbs@co.frederick.va.us M E M O R A N D U M M E M O R A N D U M TO: Board of Supervisors THROUGH: Kris C. Tierney, County Administrator FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Revisions to Articles of Incorporation Frederick Water DATE: October 15, 2019 At the Boards September 25, 2019 meeting, at the request of Frederick Water, the Board authorized a public hearing regarding proposed revisions to the Frederick County Sanitation Authority dba Frederick Water Articles of Incorporation. The proposed revisions would enable Frederick Water to own sewage treatment facilities in thefuture and renews Frederick Waters term of existence for 50-years. At the conclusion of the public hearing, staff is seeking board action on the proposed revisions to the Articles of Incorporation. Should you have any questions, please do not hesitate to contact me. Attachments 99 22601-5000 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 renewsC‘x­termofexistencefor50years.TheFWBoardrequestedthatIforwardthe endorsedrevisionstotheCounty,andseekthe/šÒ“·äx­approvaloftherevisedArticlesof Incorporation.PleaseacceptthiscorrespondenceastheC‘x­requestforCountyactionon therevisedArticlesofIncorporation. FWisapublicbodyandaninstrumentoftheCommonwealthofVirginia,organizedunder VirginiaWaterandWasteAuthoritiesAct,beingChapter28,Title15.2,andCodeofVirginiaof 1950,asamended›{·w;!-·|œuFWwascreatedbyactionoftheBoardofSupervisorsof FrederickCounty,VirginiaandwascharteredbytheStateCorporationCommissiononAugust1, 1967.TheBoardofSupervisorscreatedtheFWArticlesofIncorporation,andamendedsame onanumberofoccasionssince1967.Mostimportantly,asanauthority,FWmakesnoprofit anditsoperationsandfinancesareindependentofFrederick/šÒ“·äx­taxsupportedservices. 100 WaterAtYourService Page2 RevisionstotheFrederickWaterArticlesofIncorporation KrisTierney,CountyAdministrator August27,2019 Theoriginal1967ArticlesofIncorporationdidnotrestrictC‘x­ownershipofsewagetreatment 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 101 RESOLUTION _____________________________ Action: BOARD OF SUPERVISORS: November 13, 2019 RESOLUTION TO ADOPT THE ATTACHED REVISED VERSION OF THE ARTICLES OF INCORPORATION OF FREDERICK WATER WHEREAS, at the August 2019 meeting of the Frederick County Sanitation Authority dba Frederick Water, its Board of Directors endorsed minor revisions to the body’s Articles of Incorporation; and WHEREAS, The Board of Supervisors held a public hearing regarding revisionstothe Articles of Incorporationon November 13, 2019; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors adopts the attached revised version of the Articles of Incorporationof the Frederick County Sanitation Authoritydba Frederick Water. Passed this 13thday of November 2019by the following recorded vote: Charles S. DeHaven, Jr., ChairmanGary A. Lofton J. Douglas McCarthyBlaine P. Dunn Shannon G. TroutRobertW. Wells Judith McCann-Slaughter A COPY ATTEST _____________________ Kris C. Tierney Frederick County Administrator 102 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. 103 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: 104 FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPORATION Page 3 Clerk, Board of County Supervisors of Frederick County, Virginia 105 106 107 108 AmendedFWArticleofIncorporation 109 110 111 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 Public Utilities including utility-scale solar power generating facilities Public Hearing DATE: November 5, 2019 This is a proposed amendment to Chapter 165 Zoning Ordinance to provide: 1.A -scale solar power energy generating facilities; 2.- consistent with the Code of Virginia; and 3.Additional regulations for specific uses that requires utility-scale solar generating energy facilities to make arrangements, including financial security, for decommissioning consistent with/as required by the Code of Virginia, and site plan review/approval only for utility-scale solar power generating facilities. The above changes to the supplemental regulations for specific uses section does not affect current public utilities, including water/sewer treatment and distribution facilities. The General Assembly amended the Code of Virginia (§15.2-22.41.2) to include decommissioning of solar energy facilities effective July 1, 2019. Previously, the County Attorney and Staff provided a determination that was shared with the Board of Supervisors on July 2018, stating that utility-scale solar power generating energy facilities would qualif- facility and would otherwise be allowed by-right in the C(Rural Areas) Zoning District (and other zoning districts where public utilities are permitted by-right). This item was proposed by the County Attorney and Staff and discussed by the Development ththnd Review and Regulations Committee (DRRC) at their June 27, July 25, and August 22 regular nd meetings. The DRRC agreed with the proposed changes from August 22, and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this thth item on September 4 and the Board of Supervisors discussed this item on September 25. During 112 -rward,with requestedamendments,for public hearing. The Planning Commission held a public hearing on the th ordinance amendment on October 16. No members of the public spoke, and the Planning Commission unanimously sent the item forward to the Board of Supervisors with a recommendation of approval. The attached document shows the existing ordinance with the proposed changes(with bold italic This proposed amendment is being presented to the Board of Supervisorsas for text added). a public hearing item.A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. 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 MTK/pd 113 Revised 9/26/19 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. Decommissioning The removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the County to be subject to § 15.2-2232 of the Code of Virginia and therefore subject to § 15.2-2241.2 of the Code of Virginia. "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. 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 owned by public utilities, public agencies, those operators with a Certificate of Public Convenience, or those that are operating under a Permit by Rule (PBR). Utility-Scale Solar Power Generating Facilities Any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight. Any such facility primarily designed or intended to offset personal energy consumption by the owner of the facility does not constitute a utility-scale solar power generating facility. 114 Revised 9/26/19 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. 115 Revised 9/26/19 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 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 energy generating facilities. 116 Revised 9/26/19 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 energy generating facilities. 117 Revised 9/26/19 ARTICLE VI Business and Industrial Districts Part 602 B1 Neighborhood Business District §165-602.02. Allowed Uses. Public utility distribution facility Public Utilities excluding energy generating facilities. Part 603 B2 General Business District §165-603.02. Allowed Uses. Public utility distribution facility Public Utilities excluding energy generating facilities. 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 energy generating facilities. 118 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. 119 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. 120 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 121 -2- County, Virginia justify a different - concep 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. MTK/pd 122 ORDINANCE AMENDMENT ______________________________ Action: PLANNING COMMISSION: October 16, 2019 Recommended Approval BOARD OF SUPERVISORS: November 13, 2019 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE 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 ARTICLE VI BUSINESS AND INDUSTRIAL DISTRICTS PART 602 B1 NEIGHBORHOOD BUSINESS DISTRICT §165-602.02. ALLOWED USES PDRES #18-19 123 1 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, a definition for utility-scale solar power generating facilities, and a definition for decommissioning; and WHEREAS, the proposed ordinance to amend Chapter 165, Zoning to includes additional supplemental use requirements for utility-scale solar power generating facility decommissioning and site plan requirements were considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on October 16, 2019; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on November 13, 2019; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED Chapter by the Frederick County Board of Supervisors that 165 Zoning, is amended to include a definition for Public Utilities that includes utility-scale solar power generating facilities and solar power generating facility decommissioning requirements. Passed this 13th day of November 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. Tierney Frederick County Administrator PDRES #18-19 124 2 125 COUNTY ofFREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M.Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment Conditional Use in the RA (Rural Areas) Zoning DistrictPublic Hearing DATE: November 5, 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. As a result, this is a proposed amendment to Chapter 165 ZoningOrdinanceto: 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.Providing additional regulations for specific uses (country general store); 3.Eliminate, combine, and refinecertain 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 isto 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. This item wasdiscussed by the Development Review and Regulations Committee (DRRC)at their nd August 22regular meeting. The DRRC agreed with the proposed changespresented, and further and recommended the item beforwardedto the Planning Commission for discussion. The Planning th Commission discussed this item on September 4and the Board of Supervisors discussed this item th on September 25. The Board sent the item, as presented, forward to public hearing. The Planning th Commission held a public hearing on the ordinance amendment on October 16. No members of 126 the public spoke, and the Planning Commission unanimously sent the item forward to the Board of Supervisors with a recommendation of approval. The attached document shows the existing ordinance with the proposed changes(with bold italic This proposed amendment is being presented to the Board of Supervisors as for text added). a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments:1.Revisedordinance with additions shown in bold underlined italics. 2.Background on Conditional Use Permit approvals and country general stores. 3.Resolution MTK/pd 127 Revised 10/2/19 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. 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. 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. 128 16 Page of Revised 10/2/19 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: 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. 129 26 Page of Revised 10/2/19 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. 130 36 Page of Revised 10/2/19 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 131 46 Page of Revised 10/2/19 P. H. Campgrounds, tourism camps, recreation areas and resorts. 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. 132 56 Page of Revised 10/2/19 II. Horseshoeing. JJ. Taxidermists. KK. U. Welding repair. LL. V. Flea markets, operated indoors or outdoors. MM. Treatment home. NN. W. Special event facility. OO. X. Commercial shooting and archery ranges (indoor or outdoor). PP. Y. Ice cream parlor or bakery. QQ. Z. Craft and gift shops. RR. AA. Offices and clinics of doctors of medicine, dentists and other health practitioners. SS. BB. Slaughterhouse. 133 66 Page of 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) 134 -2- 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 135 ORDINANCE AMENDMENT ____________________________ Action: PLANNING COMMISSION: October 16, 2019 Recommended Approval BOARD OF SUPERVISORS: November 13, 2019 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE 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 #19-19 136 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; was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on October 16, 2019; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on November 13, 2019; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Chapter 165 Zoning, is amended to modify ARTICLE I - Supervisors that 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. Passed this 13th day of November 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. Tierney Frederick County Administrator PDRES #19-19 137 2