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HomeMy WebLinkAboutDecember 11 2019 Board_Agenda_PacketAGENDA REGULAR MEETINGBOARD OF SUPERVISORS WEDNESDAY, DECEMBER 11, 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 Closed Session and Regular Meeting of November 13, 2019 6.A. MinutesClosedSessionBOS191113.pdf MinutesRegularMeetingBOS191113.pdf Human Resources Committee Report of November 8, 2019 6.B. HumanResourcesCommitteeReportNovember2019.pdf Parks and Recreation Commission Report of November 19, 2019 6.C. ParksAndRecreationCommissionReportNovember2019.pdf Public Safety Committee Report of November 21, 2019 6.D. PublicSafetyCommitteeReportNovember2019.pdf Transportation Committee Report of November 25, 2019 6.E. TransportationCommitteeReportNovember2019.pdf Acknowledgement of Receipt of Certified Copies of Abstract of Votes 6.F. from the November 5, 2019, General Election 1 Nov2019GeneralElectionResults.pdf MEETING AGENDA PAGE 2 Frederick County Board of Supervisors WEDNESDAY, DECEMBER 11, 2019 Consent Agenda , continued Request for Road Name Change from Todd Coates Lane to Shamrock 6.G. Knoll Lane RoadNameChangeRequest-ToddCoatsLane.pdf Resolution Adding Gravenstein Court to the Secondary Road System 6.H. GravensteinCourtRoadAddition.pdf Request from the Commissioner of the Revenue for Refunds and 6.I. Corresponding Supplemental Appropriations Ford Motor Credit Co. -$2,955.78 M C Dean Inc. -$ 3,358.89 Refunds.pdf Resolution of Support for Traffic Incident Management Legislation 6.J. ResolutionSupportingTrafficIncidentManagementLegislation191203.pdf Resolution Authorizing Acceptance of Real Property form Lakeside 6.K. Homeowners Association Inc. ResolutionAuthorizingAcceptanceOfRealPropertyFromLakesideHOA.pdf Resolution Addressing Second Amendment 6.L. ResolutionAddressingSecondAmendment2019.pdf 7. Board of Supervisors Comments 8. County Officials 8.A.Appointment of Shawnee District Supervisor 8.B.Committee Appointments 1. Board of Building Appeals Frederick County Representative-Vacant five-year term 2 See attached application of Lloyd Winters MEETING AGENDA PAGE 3 Frederick County Board of Supervisors WEDNESDAY, DECEMBER 11, 2019 Committee Appointments, continued 2.Shawneeland Sanitary District Advisory Committee 2-year term of Marianne Bivianoexpired 11/9/19 2-year term of Hugh B. Van Meterexpired 11/9/19 3. Board of Zoning Appeals 5-year term of Dwight Shenk-Gainesboro District Representative, expires 12/31/2019 (Eligible and willing for reappointment) 4.Extension Leadership Council 4-year term of Raymond Cross-OpequonDistrict Representative, expires 1/26/20 (Eligible and willing for reappointment) 4-year term of Rose McDonald-Gainesboro District Representative, expires 1/26/20 (Eligible and willing for reappointment) 5.Parks and Recreation Commission 4-year term of Ronald Madagan, Opequon District Representative, expires 1/14/20 (Eligible and willing for reappointment) 4-year term of Natalie Gerometta, Gainesboro District Representative, expires 2/13/20 (Eligible and willing for reappointment) 6.Planning Commission 4-year term of Kevin Kenny, Gainesboro District Representative, expires 1/26/20 (Eligible and willing for reappointment) 4-year term of William Cline, Stonewall District Representative, expires 2/12/20 (Eligible and willing for reappointment) 7.Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester: Gwen Borders-Walker–Non-Profit Sector Representative Appointed to a 3-year term by the City of Winchester on 11/26/19 8. Transportation Committee For the Board’s information, Chairman DeHaven has appointed Cordell Wattto fill a vacancy on the Transportation Committee. CommitteeApptsAgendaMemoDecember2019.pdf 3 MEETING AGENDA PAGE 4 Frederick County Board of Supervisors WEDNESDAY, DECEMBER 11, 2019 9. Committee Business Proposed Changes to Frederick County Human Resources Policy 9.A. Regarding Workers’ Compensation HumanResourcesCommitteeReportNovember2019.pdf 10. Public Hearings (Non Planning Issues) Twelve Month Outdoor Festival Permit Request of Belle Grove 10.A. Plantation. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on theGrounds of Belle Grove Plantation, 336 Belle Grove Road, Middletown, Virginia. Property Owned by the National Trust for Historic Preservation. BelleGrove12MonthOutdoorFestivalPermitApp2020.pdf 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 165-204.19 Telecommunication Facilities, Commercial; Article VI Business and Industrial Zoning Districts, Part 605 OM Office-Manufacturing Park District, Section 165-605.02 Permitted Uses, Part 609 HE Higher Education District, Section 165-609.02 Permitted Uses. Revisions to the Frederick County Zoning Ordinance to Section 165-204.19 to Permit Commercial Telecommunication Small Cell Facilities By-Right in Certain Zoning Districts and Codify Changes from the Code of Virginia Governing Local Regulation of Such Facilities. TelecommunicationFacilities-CommercialPublicHearing.pdf 4 MEETING AGENDA PAGE 5 Frederick County Board of Supervisors WEDNESDAY, DECEMBER 11, 2019 Planning Commission Business -Public Hearings , continued Ordinance Amendment to the Frederick County Code, Chapter 165 11.B. Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, Section 165-204.18 Storage Facilities, Self-Service, Section 165-204.24 Tractor Truck and Tractor Trailer Parking and Section 165-204.30 Special Event Facilities; Part 202 Off-Street Parking, Loading and Access, Section 165-202.01 Off-Street Parking; Parking Lots; Part 203 Buffers and Landscaping, Section 165-203.01 Landscaping Requirements and Section 165-203.02 Buffer and Screening Requirements. Revisions to the Frederick County Zoning Ordinance to Improve Consistency within Certain Sections and to Clarify or Reduce Requirements for Certain Uses. LandscapingBufferScreeningPublicHearing.pdf 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 CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 13, 2019 6:00P.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; Jay E. Tibbs, Deputy County Administrator; and Roderick B. Williams, County Attorney; CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Section. 2.2-3711(A)(7) and (8) for discussion of actual and/or probable litigation against the manufacturers and/or distributors of opioids; and pursuant to Section 2.2- 3711(A)(1) for discussion of a personnel matter. Supervisor Dunnseconded the motion which carried on a voice vote. At 6:57 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Dunn. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification 7 applies, and (ii) only such public business matters as were identified in themotion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Trout seconded the motion which carried as follows on a roll call vote: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye ADJOURN At 6:58p.m., Chairman Dehaven adjourned the meeting until the 7:00p.m. regular meeting. 8 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 13,2019 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;Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development;Mark Cheran, Zoning & Subdivision Administrator; Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technology; Joe Wilder, Director of Public Works; Dennis Linaburg, Fire & Rescue Chief ; Lenny Millholland, Sheriff; LeeAnna Pyles, Director of Public Safety Communications; Jason Robertson, Director of Parks and Recreation; 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 Deputy County Administrator Jay Tibbs deliveredthe invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA –APPROVED Upon motion of Supervisor Slaughter,seconded by Supervisor McCarthy, theagenda was adoptedon a voice vote. 9 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 1 CITIZENS COMMENTS Shawn Graber, Back Creek District, requested that the Board remove the item titled ‘Acknowledgement of State Homeland Security Program Grant and Corresponding Supplemental Appropriation in the amount of $76,000.00’from the Consent Agenda for individual consideration by the Board. Shaniqua Williams, Shawnee District, said she appreciated the call for applicants to fill the vacancy following Supervisor Trout’s resignation. She encouraged the Board to consider a replacement who will represent Supervisor Trout’s independent nature. ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Supervisor Dunn, seconded by Vice Chairman Lofton, the item entitled ‘Acknowledgement of State Homeland Security Program Grant and Corresponding Supplemental Appropriation in the amount of $76,000.00’was removed on a voice vote from the Consent Agenda for individual consideration by the Board. Upon motion of Supervisor Dunn,seconded bySupervisor Wells,theconsent agenda was adoptedon aroll 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 of Regular Meeting of October 23, 2019- CONSENT AGENDA APPROVAL -Public Works Committee Report of October 29, 2019- CONSENT AGENDA APPROVAL, Appendix 1 -Resolution Honoring Cecil Affleck, Employee of the Month -September 2019- CONSENT AGENDA APPROVAL WHEREAS, Cecil Affleck of the Frederick County Parks and Recreat nominated for Employee of the Month; and WHEREAS, on July 19, 2019, when a faulty valve at the Clearbrook in flooding and submerging of the pool pump and motor, Cecil immediately started pumping out the filter room and set up fans to expedite WHEREAS, Cecil continued monitoring the filter room and added a eed and volume shop fan to decrease drying time, and after electrical testing and in designated safe for use; and 10 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 2 WHEREAS, Cecil exhibited quick problem-solving ability locating the valve, stopping the water flow, and setting up multiple fans, and provided exceptional customer serv for a morning swim meet, general swim on a hot Saturday afternoo and WHEREAS Cecil's decision making, troubleshooting skills, and dedication are of great value to the Parks and Recreation Department and have benefited the citiz NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of 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 gr for his outstanding performance and dedicated service and wishesed success in future endeavors; and BE IT FINALLY RESOLVED, that Cecil Affleck is hereby entitled to privileges associated with this award. -Resolution Honoring Emily Tenney,Employee of the Month -October 2019- CONSENT AGENDA APPROVAL WHEREAS, Emily Tenney, is a member of the Community Corrections Regional Adult Detention Center and on several occasions the pas significant contributions to the 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 inma quickly for special projects through our Community Inmate Workfoey has made these medical screens a priority while still handling her n WHEREAS, Nurse Tenney recently recognized the possible contamina provided CPR to another and on her own accord made all of the ars and coordinated for the inmate to be tested; and WHEREAS, most recently, Nurse Tenney spearheaded a solution that severe medical treatment needs into the Home Electronic Monitori to continue getting the required intense treatment without the complications th create, and during this incident Nurse Tenney coordinated with and the inmates family; and when thanked, Nurse Tenney said her co-workers made it all possible by assisting with workload so she could focus on getting all of the and WHEREAS, Nurse Tenney has a good rapport with staff and inmates, player whose performance is often catching to those who she encounters, and areas of problem solving, dependability, work ethic, performance NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of November 2019, that Emily Tenney is hereby recognized as Month for October 2019; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gr for her outstanding performance and dedicated service and wishes her con endeavors; and BE IT FINALLY RESOLVED, that Emily Tenney is hereby entitled to privileges associated with this award. -Resolution Honoring Michelle Cunningham, Employee of the Month -November 2019– CONSENT AGENDA APPROVAL WHEREAS, Michelle Cunningham is the Administrator for the Crime 11 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 3 the Frederick County Emergency Communications Center; and WHEREAS, Michelle strives constantly to make sure that the Crime Sol successful, but also easy for the public to access and for the o Center to interface with, conducting training with each member of the Emergency Communications Center staff to make sure that all know how to utilize the system, and any staff member may have in relation to working with the system WHEREAS, Michelle is diligent in networking with tipsters to make sure that suspects are apprehended as well as to make sure that tipsters get compensate WHEREAS, as Administrator for the Crime Solvers program, Michell willingly and does them in addition to her other duties in the Emergency Com extra effort in keeping with the highest standards of the Freder Communications, and has contributed to a number of arrests as a sult of her drive and fortitude; NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of day of November 2019, that Michelle Cunningham is hereby recogni of the Month for November 2019; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gr Cunningham for her outstanding performance and dedicated service future endeavors; and BE IT FINALLY RESOLVED, that Michelle Cunningham is hereby entitled to all of the rights and privileges associated with this award. + + + + + + + + + + + + + + ACKNOWLEDGMENT OF STATE HOMELAND SECURITY PROGRAM GRANT AND CORRESPONDING SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $76,000.00– APPROVED The Board, County Administrator Tierney, and Chief Linaburg discussed the nature of the grant being a pass through from the Virginia Department of Emergency Management which specifies allowable uses for the grant funds that can be monitored by the procurement process. Supervisor Dunn moved for acknowledgment of the grant and the corresponding supplemental appropriation with staff addressing any procurement concerns. 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 BOARD OF SUPERVISORS COMMENTS–None 12 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 4 COUNTY OFFICIALS: PRESENTATION OF EMPLOYEE OF THE MONTH AWARDS FOR SEPTEMBER, OCTOBER, AND NOVEMBER 2019 Chairman DeHaven read and presented the Employee of the Month Award for September 2019 to Cecil Affleck. Chairman DeHaven read and presented the Employee of the Month Award for October 2019 to Emily Tenney. Chairman DeHaven read and presented the Employee of the Month Award for November 2019 to Michelle Cunningham. COMMITTEE APPOINTMENTS JUDITH MCCANN-SLAUGHTERAPPOINTED TO ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Supervisor Dunn moved to reappoint Gary Lofton to the Economic Development Authority. Supervisor McCarthy seconded the motion. Supervisor Trout noted that Supervisor Lofton will be leaving the Board at the end of the year and said the Board should have a direct representative on the EDA. Supervisor McCarthy said while he agreed the Board should have a representative on the EDA, hewasaware of how much time Mr. Lofton has put in while serving on the EDA. He added there will be other opportunities to appoint a Board memberto the EDAnext year. Vice Chairman Lofton noted that economic development was a passion and he had served previously on the former Economic Development Commission prior to being elected to the board of Supervisors. Hesaid if there is arequirement for a Board member to serve on the EDA, there should also be a requirement for a Board member to serve on the Frederick Water Board of Directors. The motion to reappoint Mr. Lofton to the EDA failed on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutNo Gary A. LoftonAyeRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No Judith McCann-SlaughterNo 13 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 5 Supervisor Wells moved to appoint Supervisor Slaughter to the Economic Development Authorityfor a four-year term ending November 13, 2023.Supervisor Troutseconded the motion which carried on roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonNoRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven,Jr.Aye Judith McCann-SlaughterAye ROBERT WILLIAMSON REAPPOINTED AND JAY TIBBS REAPPOINTED AS ALTERNATE TO THE JUVENILE DETENTION CENTER COMMISSION -APPROVED On motion of Supervisor Wells, seconded by Supervisor McCarthy, Robert Williamson was reappointed, and Jay Tibbs was reappointed as Alternate,tothe Juvenile Detention Center Commission for a four-year term expiring December 31, 2023. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannonG.TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye + + + + + + + + + + + + + + GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $50,000 – APPROVED On motion of Supervisor Wells, seconded bySupervisor Dunn,the Board approved a supplemental appropriation in the amount of $50,000 from historicpreservation proffers for the final debt payment on the Huntsberry propertyas previously decided by the Board in 2013. The motion carried on roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterRecusedherself 14 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 6 + + + + + + + + + + + + + + RESOLUTION AUTHORIZING FILING OF PETITION FOR WRIT OF SPECIAL ELECTION TO FILL SHAWNEE DISTRICT BOARD OF SUPERVISORS VACANCY-APPROVED Supervisor McCarthy moved for approval of the resolution authorizing the filing of a petition for writ of special election to fill the Shawnee District Board of Supervisors vacancyin light of the recent resignation of Supervisor Shannon Trout who is moving out of the County. Supervisor Wells seconded the motion.Supervisor Dunn noted he has previously advocated for anearlier specialelection to fill such vacancies but with election timing requirements, the earliest possible special election would be in late August 2020, only a couple of months prior to the next regular election. He said the cost of a special election so close to a regular election is notworth the expense. The motion approving the resolution 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 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 WHEREAS, Shannon G. Trout has submitted her resignation as Shawnee District representative to Board of Supervisors, effective November 13, 2019; and WHEREAS, Virginia Code § 24.2-226(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Shawnee District representative to Board of Supervisors within 15 days of the vacancy; and WHEREAS, state law provides for the Circuit Court to schedule such elec concurrent with the next general election, scheduled for November 3, 2020, unless the Board requests a different date that complies with the provisions of Virginia Code § 24.2-682; and WHEREAS, the Board finds it appropriate that the election to fill the vac office of Shawnee District representative to Board of Supervisors take place concurre next general election, scheduled for November 3, 2020; NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Shawnee District representative to Board of Supervisors, such election t occur on November 3, 2020, concurrent with the general election that same day. 15 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 7 + + + + + + + + + ++ + + + PROCEDURE FOR INTERIM APPOINTMENT OF SHAWNEE DISTRICT BOARD OF SUPERVISORS MEMBER-APPROVED County Administrator Tierney outlined Virginia Code requirements for filling a Board vacancy as follows: Thelocal 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 Judgesof 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. Mr. Tierney continued saying staff recommendsthe following process, used to fill previous vacancies, for finding a candidate to fill the seat until a special election can be held to fill the unexpired term: -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 letter of interest, resume, and any other information they believe would be beneficial to the Board’s deliberations. -Applications would be received in the County Administrator’s 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 the position. -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. On motion of Supervisor Dunn, seconded by Vice Chairman Lofton, the Board approved the staff recommended procedure for an interim appointment to the Board of Supervisors. The recorded vote was as follows: Blaine P. DunnAyeShannon G.TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye SupervisorDunn encouraged all those interested to apply for the interim positionor consider running in the general election in November 2020. + + + + + + ++ + + + + + + 16 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 8 2020 LEGISLATIVE AGENDA –APPROVED Deputy County Attorney Jay Tibbs reviewed the proposed 2020 Legislative Agenda saying staff sought input from department heads and membersof the Board of Supervisors. The Board and staff discussed the non-priority Item 14-Time Limit to Complete Residential House Construction –Frederick County supports legislation that would enable localities to enact ordinances that would require a builder or developer of a residential house to complete the structure within one year from the issuance of the building permit.The Board and staff discussed the deadline for transmission of the Legislative Agenda to the state legislators being December 5 which would not allow time for further study of Item 14. Supervisor McCarthy moved for approval of the proposed Legislative Agenda with the removal of Item 14 -TimeLimit to Complete Residential House Construction. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P.DunnNoShannon G.TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye 2020 LEGISLATIVE INITIATIVES FREDERICK COUNTY, VIRGINIA Priority Items: 1.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 beork with the development community in order to address the increased demand for public fa schools, roads, parks, and public safety services) caused by inc Localities should be allowed to factor in committed capacity when considering a residential rezoning. At a minimum, the legislation needs to provide guidel implementation. Further Frederick County supports consideration enable the capturing of capital costs relative to development through development impact capital cost recovery. 2.Tax Exemptions Frederick County supports reverting authority to the locality to continue existing tax exemptions previously granted by the General Assemb prior to January 1, 2003. 3.Local Taxing Authority Frederick County desires legislation to provide local specific t authority to increase taxes on meals and transient occupancy, wi mandatory specific uses of the realized gain in revenue. 17 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 9 4.Equal Taxing Authority for Counties Eligible for City Status - Frederick County supports legislation to provide equal taxing authority for Counties based Counties that already have the population density to be eligible for city status should also be recognized for needing additional taxing authority to address th higher density, as currently defined in the State Code). 5.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 cycle. Many projects with demonstrated need are not funded and to make matters w many cases the projects that are funded, while addressing immedi 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 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 localities 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 Refunds: Frederick County supports a change to VA Code §58.1-3981(A) to increase the dollar amount above which the Board must approve tax refunds from $2,500 to $5,000. The ex changed since 1995 (1995 Acts of Assembly c. 108). This proposed change could reduce by over half the number of tax refunds that must go to the Frederic 7.Broadband Frederick County supports legislation that provides additional t finance, build, and operate open access networks in partnership with comme providers. Further, Frederick County urges the Commonwealth to assistance to counties to build the necessary telecommunicationse to deploy universal affordable access to the internet for all areas, parti areas. 8.Interstate 81 Funding  Frederick County supports legislation that requires all funding under the Interstate 81 Corridor Improvement Plan and Fund be used solely for capital expenditures related to Interstate 81 improvements with an opera program being funded from the state budget. 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 Boa Standards of Accreditation. Further, Frederick County supports COCA (Cost of Competing Adjustment) for teachers and support staff. In addi County supports the exclusive use of state lottery proceeds to f Frederick County supports the development of a statewide school supported by adequate state funding. 18 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 10 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 Clarke and Page Counties, which have been vacant due to a lack of adequ 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 i 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 Department of Corrections in order that they may comply with the Code of Virginia requirement that they take 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 benefi law requires that incarcerated individuals lose their full Medic limited coverage to include hospitalization only, while they are in jail. This negative the localitys contribution to local or regional jail budgets, e numbers of chronically and mentally ill inmates on the rise. Thi 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 ma mandates. 8.Revision/Update of Virginias Litter and Recycling Fund  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 based on road mileage and population. Because there is no enfo who elect not to pay the fee, the program is woefully underfunded. In Frede 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 oms to deter litter. 9.Recycling Frederick County supports collaboration with the State to find a glass and plastic recyclables and the use of biodegradable alter 10.Mining Reclamation Plans  Frederick County supports legislation that require localities receive formal notice of any reclamation plans and amendments to said pl operations located within the respective locality in order that opportunity to review and provide comments regarding any reclamation plan and amendment. 11.Tax Incentives for Land Conservation  Frederick County supports increasing the tax incentives in order to encourage landowners to participate in land conserva 19 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 11 12.Medicaid Expansion Frederick County supports full reimbursement for the local share of the additional administrative costs associated with Medicaid expansi 13. Tractor Trailer and/or Tractor Trailer Cab Parking on Residential Streets  Frederick County supports legislation to enable localities to restrict the parking of tractor trailers an . trailer cabs on residential streets unless loading or unloading + + + + + + + + + + + + + + AUTHORIZATION TO DEVELOP SYSTEM SPECIFICATIONS AND RFP DOCUMENT FOLLOWING PUBLIC SAFETY RADIO SYSTEM TECHNICAL ASSESSMENT –APPROVED Mike Milas ofMission Critical Partners reviewed the final report of the recently completed radio system assessment of the feasibility of using the West Virginia Statewide Interoperability Radio Network as an option. The Board, staff, and Mr. Milas discussed the report and retaining the option of including the possible use of the West Virginia Statewide Interoperability Network (SIRN) as an alternative to constructing a new radio system through the RFP development and competitive bidding process. Supervisor Slaughter moved for approval of authorization to develop system specifications and a Request For Proposal document while engaging the Communications Committee in the initial phase and after the RFP is developed to ensure all requirementsof the Committee are met. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G.TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye + + + + + + + + + + + + + + COMMITTEE BUSINESS: PUBLIC WORKS COMMITTEE Supervisor McCarthy moved for approval of the Public Works Department’s request for construction up to the $1,600,000.00 amount and the transfer of that said amount from the 20 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 12 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. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye + + + + + + + + + + + + + + PUBLIC HEARINGS–NON PLANNING ISSUES ADOPTION OF AMENDED ARTICLES OF INCORPORATION FOR THE FREDERICK COUNTY SANITATION AUTHORITY-APPROVED Deputy County Administrator Jay Tibbs explained the proposed adoption of Amended Articles of Incorporation for the Frederick County Sanitation Authoritydba Frederick Waternoting that theprimary 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. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for adoption of the proposed Amended Articles of Incorporation for the Frederick County Sanitation Authority dba Frederick Water. 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 21 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 13 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 Au Frederick Water, its Board of Directors endorsed minor revisions and WHEREAS, The Board of Supervisors held a public hearing regarding revisions to the Articles of Incorporation on November 13, 2019; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors adopts the attached revised version of the Articles of Incorporation of dba Frederick Water. ARTICLES OF INCORPORATION OF THEFREDERICK 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 OFTERM 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 reappointment. 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 Countyand (b) an integrated sewer system for conveying and treating sewage inFrederick 22 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 14 County, and for thepurpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act, except thatthe power of the Authority to acquire, construct, operate or maintain facilities for treatment of sewageis restricted to operation, construction and maintenanceof sewage treatment facilities provided theyare 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 theBoard 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 bysaid Act shall be exercised by the Authority in the construction, improvement, maintenance, extension oroperation of any project or projects which in whole or part shall duplicate existing utilities,public orprivate, serving substantially the same purposes and area. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLES I, II, IV, V, AND VI-PUBLIC UTILITIES INCLUDING UTILITY-SCALE SOLAR POWER GENERATING FACILITIES–REFERRED BACK TO PLANNING STAFF Planning Director Mike Ruddy explained the amendment will provide: adefinition for “Public Utilities” that includes utility-scale solar power generating facilities; adefinition for “decommissioning” and “utility-scale solar power generating facilities,” consistent with the Code of Virginia; and 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 Board and staff discussed the facility decommissioning and bonding processes. Supervisor Slaughter said a conditional use permit for such uses may be a better option. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the publichearing. Supervisor Slaughter movedfor returning the matter to the Planning Stafffor consideration 23 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 15 of solar power facilities requiring a conditional use permit. Supervisor McCarthy seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLES I,II, AND IV-CONDITIONAL USE IN THE RA (RURAL AREAS) ZONING DISTRICT- APPROVED Planning Director Mike Ruddy said 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. He added 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. He said this is a proposed amendment to Chapter 165 –Zoning Ordinance that will: 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); provide additional regulations for specific uses (country general store); eliminate, combine, and refine certain conditional uses;and codify certain Zoning Determinations relating to home occupations, cottage occupations, and kennels to reduce the number of Conditional Use Permit (CUP) applications. He concluded saying the purpose of the proposed amendment is to add clarity to specific uses where intensity of a given use is important in considering its appropriateness for a CUP; and to provide consistency in allowance and implementation of certain uses. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the publichearing. Supervisor McCarthymovedfor adoption of the following Ordinance Amendment of Chapter 165 Zoning, Articles I and II.Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye 24 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 16 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 PART204ADDITIONALREGULATIONSFORSPECIFICUSES §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 excl square footage allowed at 3,500 square feet (SF); 2.Provide additional regulations for specific uses (country general store); 3.Eliminate, combine, and refine certain conditional uses; and 4.Codify certain Zoning Determinations relating to home occupation kennels to reduce the number of Conditional Use Permit (CUP) app 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 13, 2019; and WHEREAS, the Frederick County Board of Supervisors finds that the adoptio the best interest of the public health, safety, welfare, and in NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify 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. ARTICLE I 25 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 17 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 dwellin accessory building, which: A.Actually is carried on wholly within the principle residential b structure; B.Is carried on by no more than one person other than members of the family residing on the premises; C.Is clearly incidental and secondary to the use of the dwelling u COUNTY GENERAL STOREA retail business allowed where specified in the rural zoning districts which sellg with a variety of other retail goods. HOME OCCUPATION - An occupation or profession customarily carried on in a dwelling A.Actually is carried on wholly within the principle building or structure; B.Is carried on by members of the household residing on the premis C.Is clearly incidental and secondary to the use of the dwelling u no exterior display, no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the pr neighborhood; D.Produces no offensive noise, vibrations, smoke, dust, heat, odoror congestion and does not adversely affect the surrounding propert E.Requires no internal or external alterations or construction fea not customary in residential areas; KENNEL - A place prepared to house, board, breed, handle, or otherwise ca return for compensation. Part 103 Conditional Use Permits §165-103.03. Conditions. In granting a conditional use permit, the Board of Supervisors m 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 c of the approval of a conditional use permit may be modified onlyedures described in this section. Conditions which may be placed on the need not be limited to conditions which address the following is ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses 26 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 18 ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Area District §165-401.02. Permitted uses. §165-401.03. Conditional Uses. A. Bed-and-breakfast; farm stay. E.. Off-premise farm markets and wayside stands. Antique shops. Restaurants Kennels N. Motels. Auction Houses Campgrounds, tourism camps, recreation areas and resorts. Commercial outdoor recreation, athletic or park facilities Sawmills and planing mills, Type B. . Retailing or wholesaling of nursery stock and related products Landscape contracting businesses. 27 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 19 Public Garages , provided that the following conditions are met: (1) All repair work shall take place entirely within and enclose (2) All exterior storage of parts and equipment shall be screene properties by an opaque fence or screen at least six feet in height. The fence or screen shall be adequately maintained. Sand Shale and clay mining, provided the following conditions are met: Cottage Occupations Cottage occupation signs. Veterinary office, clinic, or hospital, including livestock serv Day-care facilities. Humanitarian aid organization office. School (with residential component) Taxidermists. Welding repair. Flea markets, operated indoors or outdoors. Treatment home. Special event facility. Commercial shooting and archery ranges (indoor or outdoor). Ice cream parlor or bakery. Craft and gift shops. Offices and clinics of doctors of medicine, dentists and other health practitioners. Slaughterhouse. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS–None BOARD LIAISON REPORTS-None CITIZEN COMMENTS Kerri Anne Kite, Shawnee District, noted her recent attendance at a design conference and advocated for use of good environmental design concepts in new school buildings to enhance safety and quality of life. 28 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 20 John Wright, Shawnee District resident and representative of the Frederick County Professional FirefighterAssociation, thanked Supervisor Trout for her service and advocacy. He said he hopes the Board will choose a successor in the mold of Supervisor Trout. BOARD OF SUPERVISORS COMMENTS Chairman DeHaven noted his pleasure serving with Supervisor Trout and wished her well. Supervisor Wells noted the recent ribbon cutting at Sherando Park. He recognized the Top of Virginia Builders Association’s support for vocational opportunities in the area. Supervisor McCarthy noted Veterans Day and thanked all veterans for their service. He offered best wishes to Supervisor Trout. Vice Chairman Lofton wished Supervisor Trout best wishes in her new career. Supervisor Dunn noted his recent attendance at the conference of the Virginia Association of Counties and encouraged his fellow Board members to attend next year. He recognized Veterans Day. He thanked Supervisor Trout for her service to the Board. Supervisor Trout said it had been an honor to serve on the Board and that she was truly appreciative of the Board’s civility even when members disagreed on issues. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Dunn,the meeting was adjourned at 9:03p.m. 29 Frederick County Board of Supervisors Regular Meeting Minutes * November 13, 2019 21 30 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, November 8, 2019 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at Street on Friday, November 8, 2019 at 9:00 a.m. ATTENDEES Committee Members Present: Blaine Dunn, Chairman; Don Butler; Dorrie Green; Doug McCarthy; and Bob Wells. Committee Member Absent: Beth Lewin Staff Present: Michael Marciano, Human Resources Director; DeLois Blev Manager; Rod Williams, County Attorney; Kris Tierney, County Adm County Administrator; Lenny Millholland, Sheriff; Steve Hawkins, Major; Tonya Kittoe, Lieutenant; and Delsie Jobe, Administrative Service Manager. Others Present: Josh Janney, Winchester Star ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Workers Compensation (Exhibit A). The intent of this policy change is to assist individuals injured on the job who do not have enough leave to cover their loss in wages. Furthermore, the HR Committee discussed that this policy modification would help the County remain competitive as we try to recruit and retain employees. Specifically, the proposed policy provides compensation protections for 90 cons beginning with the day of injury that was incurred while performing the essential duties of his or her job at Frederick County. Such a modification will provide a al assurance that leave without pay will not have to be endured during this initia Under this policy change, Workers Compensation will pay for 66.67% in weekly wages and Frederick County will pay 33.33% during the 90 consecutive days once an injury occurs on the job. The new policy will also allow employees on Workers Compensation leave to continue to accrue Paid Time Off (PTO) leave. The committee recommends approval, 3 in favor & 1 against. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS 1.The Non-Discrimination/Non-Harassment policy was discussed, and Staff will modify the policy based upon the discussion and bring it back for further consideration at the December 13, 2019 HR Committee meeting. 2.The HR Committee entered into a closed session pursuant to Virginia Code § 2.2-3711(A)(1) for consideration of nominees for Employee of the Year. The award recognized by the County Administrator at the Holiday Party on December 13, 20Supervisors will then recognize the employee at its first meeting in January 31 Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Dorrie Greene Beth Lewin Doug McCarthy Robert (Bob) Wells By Michael Marciano, Director of Human Resources 32 33 37 38 39 40 41 42 44 REPORT to the BOARD OF SUPERVISORS Wednesday December 11, 2019 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: November 20, 2019 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on November 19, 2019. Members present were: Guss Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald Madagan, Randy Carter, and Chris Fordney. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Buildings and Grounds Committee made a motion to seek resolution of intent to accept the open space parcel adjacent to the Bowman Library property and currently owned by the Lakeside HOA, seconded by Mr. Longerbeam, carried u-0). (See Attachments). ITEMS SUBMITTED FOR INFORMATION ONLY 1.The Appeal/Youth Sports Partner Committee approved the 2020 YSP Agreements with FCALL, FCNLL, and Blue Ridge United. 2. The Finance Committee made a motion to utilize $28,000 of the Sc Maintenance Equipment Fund (SGMEF) for the purchase of a VenTrac seconded by Mr. Longerbeam, carried unanimously (8-0). This item will be forwarded to the FC Finance Committee for recommendation. 3.The Commission recommends accepting the attached Fees and Charge 4.The Commission recommended the FY 2021 Operating and Capital Bud presented. The Operating budget includes three new positions and staffing requests has been submitted. The request s for new positions and staff c forwarded to the Human Resources Committee for their recommendat Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors Non-Voting Liaison 45 FCPRD FY 21 Fees Charges FY 21 FeesFees Effective January 1, 2020 Resident Non resident FCPRD Baseball and Softball Fields Practice$11$16per hr/ 2 hr min Drag/Line$30$351x Fee Tournament (9am-11pm)$125$1559 a.m.-11 p.m. Lights**$15$15per hr FCPS Baseball and Softball Fields (Practice Fields)* Practice (M-F 6-10 pm,Sat/Sun 9 am-10 pm)$11$16per hr/2 hr min Game (M-F 6-10 PM,Sat/Sun 9 am-10 pm)$30$35per hr/2 hr min FCPS Baseball and Softball Fields (Game Fields)* Practice (M-F 6-10 pm,Sat/Sun 9 am-10 pm)$30$35per hr/2 hr min Game (M-F 6-10 PM,Sat/Sun 9 am-10 pm)$44$49per hr/4 hr min Tournament (9am-10 pm)$350$380per reservation Lights**$15$15per hr FCPS School Fields (MBHS/JWHS)* Practice$20$25per hr Game$160$1904 hr min Game per hour over 4 hours$40$45per hr Soccer Fields Sherando 1-4$27$43per hr Sherando 6-7$17$27per hr Sand Volleyball Courts Sand 1-3$10$15per court/2 hr res Open Space per acre$65$96per day Disc Golf Course $105$160per day Paddleboat - 30 minute ride NC NC per person Racquetball Courts NC $7per hr Weight Room NC $2 Courts and non-resident passes will need to be purchased online. No cash will be on-site. GymnasiumCommunity Center/Middle School Gyms***$30$46per hr/ 2 hr min Full Day Rental*$250$4008 a.m.-10 p.m. Greenwood/Gainesboro/Evendale Activity Room$17$33per hr/2hr min 46 FCPRD FY 21 Fees Charges Gainesboro/Evendale Wooden Floor Room$14$30per hr/2 hr min Sherando Activity Room w/ kitchen$23$39per hr/2 hr min Swimming Pool Under 3 Free Free 3 and older$2$2entry Last Hr$1$1entry Pool Rental- 2 hour$210$265 Pool Rental- 4 hour$410$520 Lap Swim will be free for County residents. Non -residents will be charged $2/visit. Comeback Coupons will be issued for patronsExpires end of whom cannot enter due to capacity reached2020 Season Shelters 30 Capacity Lock Gazebo (SH)$45$60per day Lawrence Shelter (CB)$45$60per day Tom Baldridge/Jaycee Shelter (RH)$45$60per day Mon-Thurs Non-Holiday $23$30per day 75 Capacity FFA (SH)$56$72per day Abex (SH)$56$72per day Key Club (CB)$56$72per day JW Colonel (CB)$56$72per day Rubbermaid (CB)$56$72per day Antique Car (CB)$56$72per day Brill (CB)$56$72per day Mon-Thurs Non-Holiday $28$36per day 150 Capacity Ruritan (SH)$68$84per day Sandy (SH)$68$84per day Kiwanis II (CB)$68$84per day Lions Club (CB)$68$84per day Mon-Thurs Non-Holiday $34$42per day 200 Capacity Lions Club (SH)$80$96per day Kiwanis I (CB)$80$96per day Mon-Thurs Non-Holiday $40$48per day Discounts 20 % off for 50 or more hours rented of baseball/softball/soccer Rentable High School Fields * Subject to High School Athletic Coordinators approval/Certific ** Follows daylight saving time schedule 47 FCPRD FY 21 Fees Charges *** FCPS Middle School Subject to availability and may require s 48 49 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday November 21, 2019 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann-Slaughter, Helen Lake and Chuck Torpy.Committee member Blain Dunn was not present. Staff present: Assist Fire & Rescue Chief Steve Majchrzak,Deputy County Administrator Jay Tibbs, Deputy Chief/Fire Marshal Mark Showers,Director of Communications LeeAnna Pyles, County Attorney Rod Williams,Fire Chief Denny Linaburg, Volunteer Fire & Rescue President Dan Cunningham,Sheriff Lenny Millholland and Major Steve Hawkins. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.Resolution of support for Traffic Incident Management Legislation (see attached): Jay Tibbs presented arequestfrom the Loudoun County Board of Supervisors seeking a resolution of support concerning the safetyand response timeson highways ofVDOT TIM (traffic incident management) vehicleswhich will be presented to the General Assembly in 2020.Under theproposal the TIMsafety vehicles, which currently have amber flashing lights and no sirens,would be equipped with red and whiteflashinglights and a sirenin orderto enhance their response timesto incidents and require drivers to move over/slow as they do for police and fire personnel with emergency lights on. Chuck Torpymade a motion of supportof Loudoun County’s resolution andto forward the proposal to the Board of Supervisors to adapt asimilar resolutionof support. Mr. Cunninghamseconded the motion. The Committee unanimously approved the motion. ITEMS FOR INFORMATION ONLY: 1.Communications, Fire & Rescue, Sheriff’s Office presented a brief outline of their FY21 budget requests(see attached): Communications Director LeeAnna Pylesbeganthe FY21 budgetpresentationsby stating that herdepartment’s major budgetrequest is$123,000 to finish the upgrade, already in progress, to complete the NG9-1-1 compatibility project. The State has funded the first half of the project, and the money requested would be utilized to upgrade theexistingconsoles. 50 Sheriff Millholland requested asignificantbudget increase for FY21. Many items requested by the Sheriff are over $10,000 and range from refunding 11 positionsto 46new vehicles,anew dive team boat, new drone,radios,video equipmentand miscellaneous vehicles. Chief Linaburg presented his departments FY21budget request to the Public Safety Committee. Operationally, he is requesting 16additional personnel, vehicle replacement, miscellaneous equipment and approximately 100 radios at $9095 a piece ($909,500). The Fire & Rescue Association is requesting an increaseinfuel assistance,fire donations from the County, insurance on apparatus and a revolving loan fund of $2 million. This loan would be used to purchase new equipment and the companies would pay the County back at a lower interest rate. 2.Communications study update: Director Pyles updated the Public Safety Committee on the communications study. MCP completed the radio system assessment along with a WV Siren system analysis. They presented their findings to the Communications Committee and it was voted on to move to the Board of Supervisors, where last week it was voted on unanimously to proceed to the RFP stage. 3.Chapter 89 discussion: Assistant Chief Steve Majchrzakaddressed Chapter 89. The volunteers and career staff have been working positively on fully integrating the documentto reflect both of their needs. Assistant ChiefMajchrzak anticipates more work to be done and by late December or early January to present a cohesive product to the Public Safety Committee for discussion. Respectfully submitted, Public Safety Committee Bob WellsBlaine DunnChuck Torpy Judy McCann-SlaughterHelen LakeWalt Cunningham 51 Resolution Supporting Traffic Incident Management Legislation WHEREAS, on November 14, 2018, the Metropolitan Washington Council of G released a report entitled Traffic Incident Management in the National Capital Region which provided seven priority recommendations to improve the quick and safe resolution incidents region wide; and WHEREAS, during the 2019 General Assembly Session, legislation was introduced that would have allowed traffic incident management (TIM) vehicles owned or operated by theVirginia Department of Transportation to be equipped with flashing lights and sirens; and WHEREAS, this legislation would ensure our current transportation infrastructure is utilized in the most safe and efficient manner, and would benefit citizens across the Commonwealth  especially congested regions such as Northern Virginia, Hampton Roads, and the I-81 corridor; and WHEREAS, the prompt arrival of traffic incident management professionals has been shown in other states to significantly alleviate traffic congestion, and improve safety by mitigating secondary crashes; and WHEREAS, the smooth flow of traffic improves public safety and decreases safety challenges and costs for commuters and, ultimately, the economy. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia hereby supports legislation in the 2020 General Assembly Session that would allow traffic incident management vehicles along Statewide Safety Service Patrol Routes to be equipped with flashing lights and sirens. ADOPTED this __ day of December, 2019. VOTE: Charles S. DeHaven, Jr. _____ Gary A. Lofton_____ Blaine P. Dunn _____J. Douglas McCarthy _____ Judith McCann-Slaughter _____Robert W. Wells_____ Shawnee District Vacant A COPY TESTE: __________________________ Kris C. Tierney Clerk, Board of Supervisors 52 Resolution No.: 67 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, November 25, 2019 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann- Slaughter (Voting), Gary Oates (Voting), James Racey (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent Mark Davis (Liaison Middletown) Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None. ITEMS FOR INFORMATION ONLY: 1-Capital Improvement Plan-Update: Staff gave a brief overview of the Capital Improvement Plan (CIP) that is updated each year. The CIP outlines key capital funding priorities from among the different County Departments and Agencies. Staff has recommended the following changes to the 2019-2024 CIP Transportation section. 1.Removal of Sulphur Springs Road because the project is under construction. 2.Addition of the Exit 313 Bridge replacement and capacity improve list. 3.Addition of the Route 11 widening and intersection improvements Church Lane to the Winchester City limits to the unfunded list. 4.Updated the road name for Crossover Boulevard from Tevis and Air 5.Adjust the wording for Exit 317 interchange from ramp alignment to interchange improvements to allow greater SmartScale flexibility. 6.Addition of spot improvements to the Route 7 corridor to allow f projects that are being identified in the STARS study that is cuy underway for that area. 7. With the exception of Route 37, adjust the rankings on the unsch facilities . improvements to existing facilities above construction of new The Committee discussed the changes to the 2019-2024 CIP, as well as, the 2020-2025 unfunded priorities list with item #6 Papermill Road; right turn lane extension at Route 522 as being completed. Staff will remove that item from the funded prioriti. 68 Upon a motion by, Supervisor McCann-Slaughter and seconded by Gary Oates, the Committee recommended to forward the changes to the 2019-2024 CIP Transportation section to the Board of Supervisors for recommendation of approval. 2-Cedar Hill Road Truck Restriction: Staff discussed the Cedar Hill Road truck restriction with the Committee which had been reviewed at the July 2019 meeting. At that meeting, Staff was directed to monitor the situation and bring the item back later. a report of a resident that was unhappy that the item had not been recommended for approval at the July 2019 meeting, Staff, VDOT and has received no further contacts or reports of incidents on the roadway. Staff is in receipt of a citizen request through Supervisor McCann-Slaughter. After discussion, there was a motion by Supervisor McCann- Slaughter to forward the item to the Board to request a VDOT tru motion died for lack of a second. 3-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/I-81 Bridge: The construction continues to go well and if the delay, the bridge beams are expected to be set in early January. Renaissance Drive: The 60% design has been reached and Staff is coordinating with CSX and VDOT to get the plan reviewed. Northern Y: No updates at this time. 5-Upcoming Agenda Items: SmartScale (ongoing discussion and development) and the MPO Study progress. TBD: Oakdale Crossing Traffic Calming Study. Staff will be following up with VDOT for a status report. Other: 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 93 94 95 96 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: December 2, 2019 RE: Gravenstein Court Stonymeade Subdivision Section 5 The following addition to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Gravenstein Court, State Route Number 1623 0.30 miles Staff is available to answer any questions. MRC/dlw 97 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 11th day of December, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Shawnee Supervisor (Vacant) Judith McCann-Slaughter A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes. #23-19 98 In the County of Frederick By resolution of the governing body adopted December 11, 2019 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Stonymeade, Section 5 (formerly Marker Miller) Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:33.2-705,33.2-334 Street Name and/or Route Number Gravenstein Court, State Route Number 1623 Old Route Number: 0 From: Route 1199, Stonymeade Drive To: Gala Court (private), a distance of: 0.30 miles. Recordation Reference: Instr. 050017351 Page 0839 Right of Way width (feet) = 50' 99 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: December 11, 2019 Page 1 of 1 100 101 102 103 104 105 106 107 108 109 Resolution Supporting Traffic Incident Management Legislation WHEREAS, on November 14, 2018, the Metropolitan Washington Council of G released a report entitled Traffic Incident Management in the National Capital Region which provided seven priority recommendations to improve the quick and safe resolution incidents region wide; and WHEREAS, during the 2019 General Assembly Session, legislation was introduced that would have allowed traffic incident management (TIM) vehicles owned or operated by theVirginia Department of Transportation to be equipped with flashing lights and sirens; and WHEREAS, this legislation would ensure our current transportation infrastructure is utilized in the most safe and efficient manner, and would benefit citizens across the Commonwealth  especially congested regions such as Northern Virginia, Hampton Roads, and the I-81 corridor; and WHEREAS, the prompt arrival of traffic incident management professionals has been shown in other states to significantly alleviate traffic congestion, and improve safety by mitigating secondary crashes; and WHEREAS, the smooth flow of traffic improves public safety and decreases safety challenges and costs for commuters and, ultimately, the economy. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia hereby supports legislation in the 2020 General Assembly Session that would allow traffic incident management vehicles along Statewide Safety Service Patrol Routes to be equipped with flashing lights and sirens. ADOPTED this __ day of December, 2019. VOTE: Charles S. DeHaven, Jr. _____ Gary A. Lofton_____ Blaine P. Dunn _____J. Douglas McCarthy _____ Judith McCann-Slaughter _____Robert W. Wells_____ Shawnee District Vacant A COPY TESTE: __________________________ Kris C. Tierney Clerk, Board of Supervisors 110 Resolution No.: 111 112 113 th Adopted this 11 day of December, 2019. Charles S. DeHaven, Jr., Chairman Gary A. Lofton Judith McCann-Slaughter Robert W. Wells Blaine P. Dunn J. Douglas McCarthy A COPY ATTEST __________________________ Kris C. Tierney Frederick County Administrator 114 115 116 117 RESOLUTION OF FREDERICKCOUNTY BOARD OF SUPERVISORS WHEREAS , the Second Amendment of the United States Constitution reads “A well regulatedMilitia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.” and WHEREAS , the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home;and WHEREAS , the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states;and WHEREAS , the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment;and WHEREAS , Article I, Section 13, of the constitution of Virginia provides “that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed,”;and WHEREAS , Article I, section 1, of the constitution of Virginia reads “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety;and WHEREAS , Article I, section 2 of the constitution of Virginia reads “that all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them.”;and WHEREAS , certain legislation that has or may be introduced in the Virginia General Assembly, and certain legislation which has or may be introduced in the United States Congress could have the effect of infringing upon the rights of law abiding citizens to keep and bear arms, the right to which isguaranteed by the Second Amendment to the United States Constitution and Article I,Section 13of the Constitution of Virginia;and WHEREAS , the FrederickCounty Board of Supervisorsis concerned about the passage of any bill containing language thatcould be interpreted in such a way as toinfringe uponthe rights of the citizens of FrederickCounty to keep and bear arms;and WHEREAS , the FrederickCounty Board of Supervisorswishes to express its deep commitment to the constitutionally protected rights of all citizens of FrederickCounty to keep and bear arms;and WHEREAS , the Frederick County Board of Supervisorswishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Frederick County to keep and bear arms;and WHEREAS , the FrederickCounty Board of Supervisorswishes to express its intent to defend the Constitutions of the United States of America and the Commonwealth of Virginia, and to oppose, within the limits of the Constitution of the United States and the Commonwealth ofVirginia, any efforts to unconstitutionally restrict such rights;and 118 WHEREAS , the Frederick County Board of Supervisors on behalf of the citizens of Frederick County, is intent in defending and supporting the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, shall when necessary, bysuch legal means at its disposal protect the rights of the citizens of FrederickCounty to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct employees of FrederickCounty to refrain from conduct which would infringe upon the Constitutional rights of our citizens. NOW, THEREFORE, BE IT RESOLVED by the Board ofSupervisorsof FrederickCounty Virginia: That the Frederick CountyBoard of Supervisors hereby expresses its intent to uphold and defend the Second Amendment rights and all constitutionally guaranteed rights of the citizens of FrederickCounty, Virginia, and That the Frederick CountyBoard of Supervisorshereby expresses its intent that public funds of the county not be used to restrict the Second Amendment rights or any constitutionally protected rights of the citizens of FrederickCounty, or to aid anyagencyin the infringement of suchconstitutionally guaranteed and protectedrights;and That the Frederick CountyBoard of Supervisorshereby specifically declares its intent to oppose any infringement upon the right of law-abiding citizens to keep and bear arms usingsuch legal means as may be expedient. ADOPTED this 11 th day of December, 2019. Charles S. DeHaven, Jr., ChairmanGary A. Lofton J. Douglas McCarthyBlaine P. Dunn Shawnee Supervisor(Vacant)Robert W. Wells Judith McCann-Slaughter ______________________________________ Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 119 120 121 COUNTY of FREDERICK Office of the County Administrator MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: December 6, 2019 RE: Committee Appointments Listed below are the vacancies/appointments due through February 2020. 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 Frederick County Representative Vacant five-yearterm (Seeattachedapplicationof Lloyd Winters.) (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 Street Winchester, Virginia 22601 122 Memorandum –Board of Supervisors December 6, 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 109 Potomac Trail Winchester, VA 22602 Home: (540)336-8471 Term Expires: 11/09/19 Two-year term (The ShawneeLandSanitary District Advisory Committee is comprised of five members made up of resident property owners and serve a two-year term. Members are eligible for reappointment.) 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 Five-year term (Mr. Shenk is eligible and willing to serve another 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.) 123 Memorandum –Board of Supervisors December 6, 2019 Page 3 JANUARY 2020 Social Services Board Patricia Riley –Stonewall District Representative Term Expires: 1/13/20 Four-year term (Mrs. Riley does not wish to serve another term.) Extension Leadership Council Brandon Monk –Back Creek District Representative 161 Smelter Lane Winchester, VA 22602 Office: (888)331-0707 Term Expires: 1/14/20 Four-year term Raymond Cross –Opequon District Representative 437 S. Buckton Road Middletown, VA 22645 Home: (540)869-4963 Term Expires: 1/26/20 Four-year term Rose McDonald –Gainesboro District Representative 1085 Collinsville Road Cross Junction, VA 22625 Office: (703)327-2387 Term Expires: 1/26/20 Four-year term (All three Representatives are eligible and willing to serve another term.) Parks and Recreation Commission Ronald Madagan –Opequon District Representative 120 West Street Stephens City, VA 22655 Home: (540)869-4733 124 Memorandum –Board of Supervisors December 6, 2019 Page 4 Term Expires: 1/14/20 Four-year term (Mr. Madagan is eligible and willing to serve another term.) Planning Commission Gregory L. Unger –Back Creek District Representative 668 Germany Road Stephens City, VA 22655 Home: (540)869-2606 Term Expires: 1/26/20 Four-year term H. Paige Manuel –Shawnee District Representative 118 Armstrong Place Winchester, VA 22602 Office: (540)504-0786 Term Expires: 1/26/20 Four-year term Kevin W. Kenney–Gainesboro District Representative 292 Thwaite Lane Winchester, VA 22603 Office: (540)955-5701, Ext. 32 Term Expires: 1/26/20 Four-year term (Mr. Kenney is eligible and willing to serve another term.) FEBRUARY 2020 Parks and Recreation Commission Natalie Gerometta -Gainesboro District Representative 1741 Hunting Ridge Road Winchester, VA 22603 Office: (540)974-4107 Term Expires: 2/13/20 Four-year term (Ms.Geromettais eligible and willing to serve another term.) 125 Memorandum –Board of Supervisors December 6, 2019 Page 5 Planning Commission William H. Cline –Stonewall District Representative 781 Hopewell Road Clearbrook, VA 22656 Office (540)662-5684 Term Expires: 2/12/20 Four-year term (Mr. Cline is eligible and willing to serve another term.) Old Dominion ASAP Policy Board Jay E. Tibbs 107 North Kent Street Winchester, VA 22601 Office: (540)665-6382 Term Expires: 2/22/20 Three-year term (Mr. Tibbs is eligible and willing to serve another term.) Old Dominion Community Criminal Justice Board Jay E. Tibbs 107 North Kent Street Winchester, VA 22601 Office: (540)665-6382 Term Expires: 2/22/20 Three-year term (Mr. Tibbs is eligible and willing to serve another term.) VACANCIES/OTHER Shenandoah Area Agency on Aging (AAA) Vacant unexpired term–Frederick County Representative Term Expires: 09/30/22 Four-year term 126 Memorandum –Board of Supervisors December 6, 2019 Page 6 (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 Gwen Borders-Walker–Non-Profit Sector Rep. 538 Fair Lane Winchester, VA 22601 Term Expires: 11/25/22 Three-year term (Appointed by City Council 11/26/19) 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 (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.) 127 128 129 130 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, November 8, 2019 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at Street on Friday, November 8, 2019 at 9:00 a.m. ATTENDEES Committee Members Present: Blaine Dunn, Chairman; Don Butler; Dorrie Green; Doug McCarthy; and Bob Wells. Committee Member Absent: Beth Lewin Staff Present: Michael Marciano, Human Resources Director; DeLois Blev Manager; Rod Williams, County Attorney; Kris Tierney, County Adm County Administrator; Lenny Millholland, Sheriff; Steve Hawkins, Major; Tonya Kittoe, Lieutenant; and Delsie Jobe, Administrative Service Manager. Others Present: Josh Janney, Winchester Star ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Workers Compensation (Exhibit A). The intent of this policy change is to assist individuals injured on the job who do not have enough leave to cover their loss in wages. Furthermore, the HR Committee discussed that this policy modification would help the County remain competitive as we try to recruit and retain employees. Specifically, the proposed policy provides compensation protections for 90 cons beginning with the day of injury that was incurred while performing the essential duties of his or her job at Frederick County. Such a modification will provide a al assurance that leave without pay will not have to be endured during this initia Under this policy change, Workers Compensation will pay for 66.67% in weekly wages and Frederick County will pay 33.33% during the 90 consecutive days once an injury occurs on the job. The new policy will also allow employees on Workers Compensation leave to continue to accrue Paid Time Off (PTO) leave. The committee recommends approval, 3 in favor & 1 against. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS 1.The Non-Discrimination/Non-Harassment policy was discussed, and Staff will modify the policy based upon the discussion and bring it back for further consideration at the December 13, 2019 HR Committee meeting. 2.The HR Committee entered into a closed session pursuant to Virginia Code § 2.2-3711(A)(1) for consideration of nominees for Employee of the Year. The award recognized by the County Administrator at the Holiday Party on December 13, 20Supervisors will then recognize the employee at its first meeting in January 131 Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Dorrie Greene Beth Lewin Doug McCarthy Robert (Bob) Wells By Michael Marciano, Director of Human Resources 132 133 137 138 139 140 141 142 144 145 146 147 148 149 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 Telecommunications Facilities, Commercial Public Hearing DATE: December 3, 2019 Following changes in state law in 2017 and 2018 regarding zoning rules for wireless infrastructure and following Board member requests for ordinance amendments to enable better provision of internet services in underserved areas of the County. Staff has prepared a revision to the Zoning Ordinance provisions regarding telecommunications facilities. Staff notes the proposed revision includes changes to two (2) definitions and changes Additional Regulations for Specific Uses outlined in §165-204.19. With respect to §165-204.19, the changes are wholesale, though some of the existing section language is carried over to the revision. Because much of the revised language does result from state law provisions, state law references are included, for informational purposes, in brackets, throughout the revision. The proposed changes enable smaller commercial telecommunications facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County (such as Shawneeland). Further, the proposed changes codify changes to the Code of Virginia, which created a two-track process for approval of telecommunication facilities. The legislation (attached) treats certain, defined small sw- locality must permit in any zoning district, without the requirement of a Conditional Use Permit. -feet (FT) in height, or co-location of a wireless facility on an existing structure to be sited administratively. The legislation also revamps the rules for larger projects (i.e. telecommunication monopoles over 50-FT in height), what it calls These types of facilities would continue to be permitted through the Conditional Use Permit (CUP) process. The proposed text amendment addresses the above legislation. Finally, the proposed changes would enable telecommunications towers as -right in the OM (Office-Manufacturing Park) and HE (Higher Education) Zoning Districts, consistent with the allowed uses for the B3 (Industrial Transition) and MS (Medical Support) Zoning Districts. commercial telecommunication towers up to 50-FT would be permitted by-right in all zoning districts, and that the 50-foot 150 maximum included in the proposed ordinance amendment is verbatim from the Code of Virginia. However, Staff would further note that other Virginia localities have allowed telecommunication facilities greater than 50-feet by-right; a comparison of other localities is provided below as reference: Locality By-Right Telecommunication Facilities (Height/Feet) Fauquier County Clarke County Up to 100 Loudoun County Up to Spotsylvania County Stafford County Albemarle County 25-FT of the proposed monopole *There is some variability within the maximum height allowed for certain localities; specific height may be conditioned if certain telecommunication facility parameters are met. This item was proposed by the County Attorney and discussed by the DRRC at their September th 26 regular meeting. The DRRC agreed with the proposed changes and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on ndth October 2, and the Board of Supervisors discussed this item on October 9. The Board sent the item, as presented, forward to public hearing. th The Planning Commission held a public hearing on November 6. Twenty-eight (28) members of the public spoke. Speakers noted a need for expanded internet service in rural areas of the County to improve internet access for education, telecommuting, emergency services and healthcare. The primary concern raised by those who spoke at the public hearing concerned the by-right tower height recommended in the proposed ordinance amendment, or a maximum of 50-feet. Speakers noted that 50-foot towers were insufficient to provide reliable service in the western areas of County where topography, ridgelines and height of trees may require greater heights for commercial telecommunication infrastructure to deliver reliable service. Winchester Wireless, a local broadband internet service provider, recommended up to 125-FT as the height limit for administrative review eligible (or by-right) towers. Additionally, local service providers noted that Conditional Use Permits (CUP) were too high for smaller, local companies and having a by-right option with enough height for new towers would be beneficial to improved service. Following the public hearing, Planning Commissioners reiterated that 50-feet was only the maximum height allowed for new by-right towers, and that any internet service provider could apply for a CUP to allow for the siting of towers greater than 50-feet. Staff was asked to clarify that other by-right options for telecommunication providers included in the proposed ordinance amendment included defined small-cell facilities and/or co-location on existing tall structures, including existing structures over 50-feet. The Planning Commission stated further that the by- right option for towers was a change from the CUP-only route currently available for all 151 telecommunication towers and that the ordinance amendment was drafted to provide more options to expand broadband access. It was also noted that CUPs for towers in excess of 50-FT would allow for neighboring properties to provide public comment to decision-makers about the appropriateness of tower location and tower height in relation to surrounding uses. Additionally, the Planning Commission stated that in previously considering applications for CUP for telecommunication towers there were instances of public opposition to new towers, citing concerns of height and the impact to viewsheds and rural character and that opportunity to public input for taller structures was important. Finally, the Planning Commission in their discussion commented that the Board of Supervisors may consider revising the CUP fee (currently $7,000) for telecommunication facilities if they deemed it to be appropriate. The Planning Commission voted 5-4-2 (Commissioners Ambrogi, Manuel, Molden & Dawson no; Commissioners Unger & Marston absent) to forward the item 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 Staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics 2. Code of Virginia, Article 7.2 3. Resolution MTK/pd 152 Revised 9/18/19 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. COMMERCIAL TELECOMMUNICATION FACILITY, COMMERCIAL A structure Infrastructure, including the towers, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. TELECOMMUNICATIONS TOWERS A structure, including the tower, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. [Term effectively superseded by definitions in Va. Code § 15.2-2316.3] 153 17 Page of Revised 9/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.19. Telecommunication facilities, commercial. A. Definitions. The terms used in this section shall have the same meanings as set out in Virginia Code Section 15.2-2316.3, unless the context requires a different meaning. B. Administrative review-eligible projects. 1. Notwithstanding any other provision of this Chapter, but subject to the requirements of this subsection, the following shall be permitted in all zoning districts: a. any small cell facility [Va. Code § 15.2-2316.4]; b. any structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than 10 feet above the tallest existing utility pole located within 500 feet of the structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; and (iii) designed to support small cell facilities [Va. Code §§ 15.2- 2316.3 & 15.2-2316.4:1(A)]; or c. co-location of a wireless facility on the existing structure of a wireless facility that is not a small cell facility [Va. Code §§ 15.2-2316.3 & 15.2-2316.4:1(A)]. 2. Any person seeking to install a facility or structure identified in paragraph 1 of this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $100 each for up to five facilities or structures on the same application and $50 each for each additional facility or structure on the same application. [Va. Code § 15.2-2316.4(B)(2)] The application shall be subject to consideration as follows: a. The Zoning Administrator shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the Zoning Administrator in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the Zoning Administrator fails to act within the initial 60 days or an extended 30-day period. [Va. Code § 15.2-2316.4(B)(1)] b. The Zoning Administrator shall only deny approval for the facility or structure on account of: (i) material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities, or (ii) the public safety or other critical public service needs. Otherwise, the Zoning Administrator shall approve the facility or structure and the facility or structure 154 27 Page of Revised 9/18/19 does not require approval from the Planning Commission or the Board of Supervisors. [Va. Code § 15.2-2316.4(B)(4)] c. The applicant may voluntarily submit, and the Zoning Administrator may accept, conditions that address potential visual or aesthetic effects resulting from the placement, pursuant to this subsection, of a facility or structure. [Va. Code § 15.2-2316.4(B)(5)] C. Standard process projects. 1. Except as provided in subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2- 2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. [based on current intro to County Code § 165-204.19] 2. Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va. Code § 15.2- application, including permits and consideration as follows and include the indicated information: a. The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. [Va. Code § 15.2-2316.4:1(C)] b. Information to be included with application: i. A map depicting the search area used in siting the proposed facility or structure [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)]; ii. Identification of all service providers and commercial telecommunications facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)]; iii. Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)]; iv. Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications or electromagnetic field levels and radio frequency radiation [based on current 165-204.19(A)(4)]; v. An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the 155 37 Page of Revised 9/18/19 removal of the facility or structure as stated in subsection E [based on current 165- 204.19(A)(5)]; and vi. The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. [Va. Code § 15.2-2316.4:2(C)] 3. If the Board of Supervisors grants a conditional use permit under this subsection, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value: a. The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure. b. Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. c. No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. d. When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. e. Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. f. Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way. [the entirety of the above subsection C(3) is based on current 165-204.19(B)] 4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board 156 47 Page of Revised 9/18/19 shall: a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2- 2316.4:1(E)(1)]; b. Identify any modifications of which the County is aware that would permit it to approve the conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and c. Have supporting substantial record evidence in a written record publicly released within 30 days of denial [Va. Code § 15.2-2316.4:1(F)(2)]. D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-2316.4:3(A)] E. Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)] The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (1) A map depicting the search area used in siting each proposed commercial communications facility. (2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to collocate on an existing telecommunication facility has been made. (3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in § 165- 204.19B(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties: 157 57 Page of Revised 9/18/19 (1) The Board of Supervisors may reduce the required setback distance for commercial telecommunication facilities as required by § 165-201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board of Supervisors that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than 1/2 the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. (2) Monopole-type construction shall be required for new commercial telecommunication towers. The Board of Supervisors may allow lattice-type construction for new telecommunication towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. (3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. (4) When lighting is required on commercial telecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting, shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. (5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. (6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety-day period, the County will remove the facility and a lien may be placed to recover expenses. 158 67 Page of Revised 9/18/19 ARTICLE VI Business and Industrial Zoning Districts Part 605 OM Office-Manufacturing Park District § 165-605.02. Permitted uses. Permitted Uses Standard Industrial Classification (SIC) Communication facilities and offices, including telephone, telegraph, radio, 48 television and other communications. Part 609 HE Higher Education District § 165-609.02. Permitted uses. Structures to be erected or land to be used shall be for one or more of the following uses: H. Communication facilities and offices, including telephone, telegraph, radio, television and other communications. 159 77 Page of 160 161 162 163 164 165 ORDINANCE AMENDMENT ____________________________ Action: PLANNING COMMISSION: November 6, 2019 Recommended Approval BOARD OF SUPERVISORS: December 11, 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 §165-204.19. TELECOMMUNICATION FACILITIES, COMMERCIAL ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 605 OM OFFICE-MANUFACTURING PARK DISTRICT §165-605.02. PERMITTED USES PART 609 HE HIGHER EDUCATION DISTRICT §165-609.02. PERMITTED USES WHEREAS, an ordinance to amend Chapter 165, Zoning to enable smaller commercial telecommunication facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County; and WHEREAS, the proposed changes codify changes to the Code of Virginia, which created a two-track process for approval of telecommunication facilities: Defined small scale facilities as administrative review-eligible projects that a locality must permit in any zoning district, without the requirement of a Conditional Use Permit, enabling small cell facilities, structures under 50-feet (FT) in height, or co-location of a wireless facility on an existing structure to be sited administratively. PDRES #22-19 166 1 For larger projects (such as telecommunication monopoles), what it calls standard process projects. The types of facilities would continue to be permitted through the Countys Conditional Use Permit (CUP) process. Enable telecommunication towers as allowed uses i.e. by-right in the OM (Office- Manufacturing Park) and HE (Higher Education) Zoning Districts, consistent with the allowed uses for the B3 (Industrial Transition) and MS (Medical Support) Zoning Districts. WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on November 6, 2019; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on December 11, 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 Supervisors that Chapter 165 Zoning, is amended to modify smaller commercial telecommunications facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County. Passed this 11th day of December 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Blaine P. Dunn Shawnee Supervisor (Vacant) Robert W. Wells A COPY ATTEST Judith McCann-Slaughter _____________________ Kris C. Tierney Frederick County Administrator PDRES #22-19 167 2 168 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 Landscaping, buffer & screening, off-street parking, & requirements for certain uses Public Hearing DATE: December 3, 2019 This is a proposed amendment to Chapter 165 Zoning Ordinance to improve consistency within and between certain sections and to clarify or modify requirements for certain uses. Specifically, amendments are proposed to the following sections: §165-204.18 Storage facilities, self-storage. The proposed changes improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance and modifies screening requirements that do not otherwise meet the intent of the section to §165-204.24 Tractor truck and tractor trailer truck parking. The proposed changes prevent the siting of the above use adjacent to residential uses, while enabling the location of these types of facilities where they are most appropriate (i.e. adjacent to major roadways and/or in the vicinity of other business and industrial uses), provides a consistent hard surface standard for the use (gravel or paved parking) that is consistent with the temporary nature of the use and, changes to this section also improves consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance. §165-204.30 Special event facilities. The proposed changes provide clarity with certain practices in the County, specifically that the Building Official (Department of Building Inspections) is responsible for determining if a building or structure (existing or to-be-constructed) is agriculturally exempt from the Virginia Building Code requirements or requires a building permit review. §165-202.01 Off-street parking; parking lots. The proposed changes provide consistency with the required width of driveways serving parking lots in this section with other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code). 169 §165-203.01 Landscaping requirements. The proposed changes improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance, further clarifies requirements to prohibit plantings from being located within utility easements and eliminates certain plant species. §165-203.02 Buffer and Screening requirements. The proposed changes seek to allow for the higher utilization of limited business and industrial land by eliminating the buffer requirement where a VDOT classified interstate, arterial, or collector roadway otherwise effectively business/industrial uses and adjacent residential uses. Front setbacks and parking area landscaping requirements, which remains unchanged for the business and industrial zoning ning district buffer requirements. The proposed changes also improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance This item was proposed by a Development Review and Regulations Committee (DRRC) thnd member/Board of Supervisors member and discussed by the DRRC at their July 25, August 22 th and September 26 regular meetings. The DRRC generally agreed with the proposed changes, and the item was forwarded to the Planning Commission for discussion. The Planning Commission nd discussed this item on October 2, and the Board of Supervisors discussed this item on October th 9. The Board sent the item, as presented, forward to public hearing. th The Planning Commission held a public hearing on November 6. No members of the public spoke on the proposed ordinance amendment. The Planning Commission recommended one minor revision (clarification) to the proposed amendment specifying that the hard surface standard for tractor trailer truck parking may be gravel or asphalt or concrete pavement (Staff notes this change is incorporated into the document with revisions dated 11/18/19). The Planning Commission voted 11-0-2 (Commissioners Unger & Marston absent) to forward the item 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 Staff if you have any questions. Attachment: 1. Revised ordinance with additions shown in bold underlined italics 2. Resolution MTK/pd 170 Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.18. Storage facilities, self-service. F. Self-storage facilities shall meet the following landscaping or screening requirements: 1) Facilities located in the B-2 Business General District shall be have all overhead doors and loading areas completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight twelvefeet off center and are a minimum of six four feet in height when planted. 2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area within the front yard setback adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of eight twelve feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in height at the time of planting. 3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in height at the time of planting. 4) The required planting of all trees described under this Subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for A required landscaped areas in all zoning districts. solid building wall, free of windows or doors, is not required to be screened. 171 17 Page of Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.24. Tractor truck and tractor truck trailer parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit. The facilities shall not be located adjacent to residential uses. These lots shall meet the following conditions: A. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165-202.01D. and Areas utilized for the storage of trailers may shall utilize a gravel or paved surface. B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways. C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers or cargo/storage containers shall be parked or stored on the site. D. Fuel sales shall not be permitted. E. Maintenance of trucks and trailers shall not be permitted. F. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of twelve feet on center. (minimum of two different species). The on-center distance between each tree in the staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree planted in the staggered double row be less than 90°. The side and rear yards shall be planted with a single row of evergreen trees that are four planted a maximum of 40 feet on center. All trees shall be a minimum of six feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. G. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. 172 27 Page of Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.30 Special event facilities. Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a building permit. review and approval by the Building Official. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. 173 37 Page of Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots D. Parking lots. 8) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 20feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic. 174 47 Page of Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 Buffers and Landscaping § 165-203.01. Landscaping requirements. B. Plant selection, planting procedure and maintenance. 1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table of acceptable trees and shrubs shown below. Types of Landscaping Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Leyland Cypress Cupressocyparis x leylandii Screen, ornamental used to fulfill planting or substitute planting requirements. 2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two 1.25-inch caliper at the time of planting. c) Only single-stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three-gallon container requirement, parking lot headlightscreening shrubs shall be a minimum of 36 inches in height at time of planting (unless topography rom pavement to top of shrub), and buffer shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four feet on center. e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines.Trees shall not be planted within easements for water, sewer, electric, or gas. f) Measurement of size. Caliper is measured six inches above the ground up to and including four-inch caliper size and 12 inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. 175 57 Page of Revised 11/18/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 Buffers and Landscaping § 165-203.02. Buffer and screening requirements. . ADistance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. 1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, stormwater management, sidewalks, trails, etc. 2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. 3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B.Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. 1) Landscape screening. A landscape screen consists of a totally landscaped area easement at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the area easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees 1.25 and 1/3 shrubs. Deciduous trees shall be planted at a minimum of two-inch caliper, evergreen trees shall be a minimum of four feet in height, and shrubs shall be 18 inches in height at time of planting. 2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six- foot-high, opaque hedge, fence, wall, mound, or berm., or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen. 3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping, landscaped areas, or landscaped easements to separate different uses and to achieve the intentions of this section. D.Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. 176 67 Page of Revised 11/18/19 1) Buffers shall be provided on the land to be developed according to the categories in the following tables: a) Buffer categories: 2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a state road with a right-of-way with a designated functional classification of interstate, arterial or collector as approved by the Virginia Department of Transportation, zoning district buffers shall not be required along the road. 3) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B- 2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165- 203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are met. 4) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. 5) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if, in his opinion, the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. B3, OM, M1 or M2 Zoning District 6) Land proposed to be developed in the OM Office- Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. 177 77 Page of ORDINANCE AMENDMENT ____________________________ Action: PLANNING COMMISSION: November 6, 2019 Recommended Approval BOARD OF SUPERVISORS: December 11, 2019 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.18 STORAGE FACILITIES, SELF-SERVICE §165-204.24 TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING §165-204.30 SPECIAL EVENT FACILITIES PART 202 OFF-STREET PARKING, LOADING AND ACCESS §165-202.01 OFF-STREET PARKING; PARKING LOTS PART 203 BUFFERS AND LANDSCAPING §165-203.01 LANDSCAPING REQUIREMENTS §165-203.02 BUFFER AND SCREENING REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise §165-204.18 Storage facilities, self-storage, to modify requirements for screening of the use and correct inconsistencies with the required height of plantings with other sections of the Zoning Ordinance; Revise §165-204.24 Tractor truck and tractor trailer truck parking to specify prohibition of the use adjacent to residential uses, modify requirements for surface materials, and correct inconsistencies with the required height of plantings with other sections of the Zoning Ordinance; Revise §165-204.30 Special event facilities to further specify Building Official (Department of Building Inspections) responsibility to review and approve of all event facility structures to determine if they are exempt from the Virginia Building Code requirements or requires a separate building permit review; Revise §165-202.01 Off-street parking; parking lots to correct inconsistencies with the required width of driveways serving parking lots in this section with other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code); PDRES #21-19 178 1 Revise §165-203.01 Landscaping requirements to correct inconsistencies with the required height of plantings with other sections of the Zoning Ordinance, to remove certain plant species from the Acceptable Trees and Shrubs planting list, and to prohibit plantings from within easements for water, sewer, electric or gas; and Revise §165-203.02 Buffer and Screening requirements to modify what activities are allowed in inactive and active distance buffers, modify landscape screen planting requirements, to amend the requirements for buffers where the land to-be-developed is adjacent to a state road right-of-way with a designated functional classification of interstate, arterial or collector roadway, and to amend what zoning districts are allowed to request a reduced buffer distance may if certain requirements are met. WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on November 6, 2019; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on December 11, 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 Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE II - SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES; PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES, §165-204.18 STORAGE FACILITIES; §165-204.24 TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING; §165-204.30 SPECIAL EVENT FACILITIES; PART 202 - OFF- STREET PARKING; LOADING AND ACCESS, §165-202.01 OFF-STREET PARKING; PARKING LOTS; PART 203 BUFFERS AND LANDSCAPING, §165-203.01 LANDSCAPING REQUIREMENTS; §165-203.02 BUFFER AND SCREENING REQUIREMENTS. Passed this 11th day of December 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Blaine P. Dunn Shawnee Supervisor (Vacant) Robert W. Wells A COPY ATTEST Judith McCann-Slaughter _____________________ Kris C. Tierney Frederick County Administrator PDRES #21-19 179 2