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Jauary 8 2020 Board_Agenda_PacketAGENDA BOARD OF SUPERVISORS WEDNESDAY, JANUARY 8, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Organization of the Board of Supervisors for 2020 4.A Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: A.Election of Vice-Chairman B.Adoption of Rules of Procedure C.Selection of a Parliamentarian D.Selection of Time and Place for Regular Meetings E.Chairman’s Annual Committee Assignments: 1.Board Assignments to Committees 2.Citizen Member Assignments to Standing Committees Memo-OrganizationAndMotions2020.pdf 5.Adoption of Agenda Citizen Comments 6.For agenda items that are not the subject of a Public Hearing – 2 7.Consent Agenda Roll Call Vote Required 7.AMinutes of the Closed Session and Regular Meeting of December 11, 2019 MinutesClosedSession191211.pdf MinutesRegularMeeting191211.pdf 7.BMinutes of the Special Meeting of December 18, 2019 MinutesSpecialMeeting191218.pdf 7.CHuman Resources Committee Report of December 2019 HRCommitteeReportDecember2019.pdf 7.DPublic Works Committee Report of December 2019 PublicWorksCommitteeReportDecember2019.pdf 7.ERequest from the Commissioner of the Revenue for Refund and Supplemental Appropriation NILT Inc. as Trustee for Nissan-INFI --$8,147.69 Papermill Self Storage, L.L.C. --$4,838.13 Refunds.pdf 7.FChanges to Frederick County Human Resources policy regarding Non- Discrimination/Non-Harassment Policy as recommended by the Human Resources Committee. HRCommitteeReportDecember2019.pdf 8.Board of Supervisors Comments 2|Page 3 Board of Supervisors Regular Meeting Agenda Wednesday, January 8, 2020 9.County Officials 9.A Recognition of 2019 Employee of the Year Greg Lambert 9.BCommittee Appointments 1. Planning Commission 4-year term of Paige Manuel –Shawnee District Rep. expires 1/26/20 (Mr. Manuel is eligible and willing to serve another term.) 2. Extension Leadership Council -year term of Brandon Monk –Back Creek District Rep. expires 1/14/20 4 (Mr. Monk is eligible and willing to serve another term.) 3. Frederick Water Board of Directors Unexpired 4-year term ending 4/15/22 (See attached application of Henry“Hank” Sliwinski.) 4. Old Dominion ASAP Policy Board 3-year term of Jay Tibbs ends 2/22/20 (Eligible and willing forreappointment) 5. Old Dominion Community Criminal Justice Board 3-year term of Jay Tibbs ends 2/22/20 (Eligible and willing forreappointment) BoardCommitteeAppts200108.pdf 10.Committee Business -None 11.Public Hearings (Non Planning Issues) -None 3|Page 4 Board of Supervisors Regular Meeting Agenda Wednesday, January 8, 2020 12.Planning Commission Business -Public Hearings Rezoning #04-19 for Perry Properties, LLC., 12.A Submitted by Greenway Engineering, Inc. to Rezone 6.18+/-Acres from the M1 (Light Industrial) District to the B2 (General Business) District with Proffers. The Property is Located on the North Side of Millwood Pike (Route 50 East) and the West Side of Constitution Drive and is Identified by Property Identification Number 64-A-158 in the Shawnee Magisterial District. BOS01-08-20PerryProperties,LLC.Rezoning04-19.pdf Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, 12.B Article I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, Section 165-101.02 Definitions and Word Usage; Article II Supplementary Use Regulations; Parking; Buffers;and Regulations for Specific Uses,Part 204 Additional Regulations for Specific Uses, Section 165-204.26 Public Utilities; Article IV Agricultural andResidential Districts,Part 401 RA Rural Areas District, Section 165- 401.02 Permitted Uses, Section 165-401.03 Conditional Uses, Part 402 RP Residential Performance District, Section 165-402.02 Permitted Uses, Part 403MH1 Mobile Home Community District, Section 165-403.02 Permitted Uses; Article V Planned Development Districts,Part 502 R5 Residential Recreation Community District, Section 165-502.04 Permitted Uses; ArticleVI Business and Industrial Zoning Districts,Part 602 B1 Neighborhood Business District, Section 165-602.02 Allowed Uses, Part 603 B2 General Business District, Section 165-603.02 Allowed Uses, Part 604 B3 Industrial Transition District, Section 165-604.02 Allowed Uses, Part 606 M1 Light Industrial District, Section 165-606.02 Allowed Uses, Part 608 EM Extractive Manufacturing District, Section 165-608.02 Permitted Uses, Part 609 HE Higher Education District, Section 165-609.02 Permitted Uses. Revisions tothe Frederick County Zoning Ordinance to Include a Definition for Public Utilities that Includes Utility-Scale Solar Power Generating Facilities and Amendments to the Supplemental Use Regulation for Public Utilities. BOS01-08-20OAPublicUtilities-Utility-ScaleSolarPowerGeneratingFacilities.pdf 4|Page 5 Board of Supervisors Regular Meeting Agenda Wednesday, January 8, 2020 13.Planning Commission Business -Other Planning Business Rezoning #06-19, Winchester Medical Center, Inc. 13.AProposal: To revise the proffered Generalized Development Plan approved with rezoning #02-03 for 37.5424+/-acres zoned B2 (General Business) District and 51.8675+/-acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated internal street network within the development. BOS01-08-20WinchesterMedicalCenterREZ06-19.pdf 14.Board Liaison Reports 15.Citizen Comments 16.Board of Supervisors Comments 17.Adjourn 5|Page 6 Board of Supervisors Regular Meeting Agenda Wednesday, January 8, 2020 7 COUNTY of FREDERICK Office of the County Administrator Ann W. Phillips Deputy Clerk, Board of Supervisors Tel: 540.722.8273 Fax: 540.667.0370 M E M O R A N D U M To:Board of Supervisors From:Ann W. Phillips, Deputy Clerk to the Board Re:Organization for 2020 Date:January 3, 2020 Attached please find a copy of the Board’s Rules of Procedure which are adopted annually as part of the Board’s reorganization. Proposed amendments are shown in red. If the Board is agreeable to this update,a draft motion has been enclosed for your consideration. Also attached are suggested motions for selecting a Parliamentarian and selecting the time and place for regular meetings. If you have any questions, please do not hesitate to contact me. Attachments 8 Proposed Amendments - 2020 RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I – MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings \[Amended 01/09/19\] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. 9 1 Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to : 2 reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. Section 1-9. Robert’s Rules of Order; Suspending Rules \[Amended 09/14/11\] \[Amended 02/14/18\] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. 21 3 ARTICLE II – GENERAL CODE OF CONDUCT Section 2-1. General Conduct A.Each Board member will pay all taxes he or she owes to the County, state, and federal government. B.Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect, and will not make accusatory or disparaging remarks at Board or committee meetings. C.Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. D.To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1.Board members will use formal titles (Chairman, Supervisor, Mr., Ms., etc. followed by the person’s last name). 2.Board members will be respectful of others and their opinions and allow for debate of the issues. 3.Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 4.Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. E.Each Board member should vote on all questions as presented unless he or she has an interest that disqualifies him or her, under the Virginia State and Local Government Conflict of Interests Act (the “Act”), from participating in the matter. If a Board member is disqualified from participating in a matter, the Board member shall, as required by the Act (Section 2.2-3112(A)), provide a statement, to be recorded in the records of the Board, disclosing the reason for the disqualification, and file with the Deputy Clerk the appropriate disclosure form. Section 2-2. Roles and Responsibilities A.The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B.Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. 22 4 C.Board members’ interactions with staff should not negatively affect employee productivity. Board members should refrain from making requests that may affect workload. Members of The Board will not give direction to any County staff member. Any request for action will be submitted to the County Administrator for consideration by The Board if necessary. D.Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman. E.Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F.Board members will not discuss or disclose to the public any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G.Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters, unless the full Board authorizes disclosure. H.The Board recognizes that documents related to County Business, including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I.When responding to the media, Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate, the Public Information Officer will assist in communications with citizens and the media. J.If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board, officially censure that member. Article III - OFFICERS Section 3-1. Chairman and Vice Chairman \[Amended 01/14/09\] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- 23 5 elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker’s comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker’s right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. 24 6 Section 3-3. Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV – AGENDA Section 4-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice \[Amended 02/14/18\] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page at www.fcva.us, and outside the main entrance to the Board of Supervisors’ meeting room. 25 7 Section 4-4. Copies \[Amended 02/14/18\] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V - CONDUCT OF BUSINESS Section 5-1. Order of Business \[Amended 06/11/03\]; \[Amended 01/14/04\]; \[Amended 02/14/18\]; \[Amended 08/08/18\] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings – Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. 26 8 Section 5-3. Consent Agenda The Consent Agenda shall be introduced by a motion “to approve the Consent Agenda,” and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 5-4. Citizen Comments Period \[Amended 4/14/04\] \[Amended 01/10/18\]; \[Amended 02/14/18\] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall sign up in person to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. No one shall be allowed to sign another individual's name on the list provided. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County not part of the regular meeting agenda. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their Magisterial District of residence prior to their comments. 27 9 Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three-minute time limitation. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI - PUBLIC HEARINGS ITEMS Section 6-1. Format for Public Hearings Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: 28 10 Section 6-2. Order of Business At For public hearing items, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Hearing Comment (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. 29 11 Prior to commencing public comment, the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members’ Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. 2: 12 Section 6-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII - CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2-2 of these rules. Board members are expected to observe the same decorum at all meetings. 31 13 Section 7-4. Name and Magisterial District of Residence \[Amended 02/14/18\] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker’s authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shall yield the floor when informed their time has expired. Section 7-8. Registration \[Amended 02/14/18\] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. 32 14 Section 7-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VIII – APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board’s standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors \[Amended 01/25/06\]; \[Amended 02/14/18\]; \[Amended 08/08/18\] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member’s respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website.) A majority vote of those board 33 15 members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator’s Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2. Applications must be received in the County Administrator’s Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX – Electronic Devices Section 9-1. Devices Use of computers, tablets, and other devices issued by the County to Board members will be subject to policies relating to their use. Such devices shall be used for County business purposes. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act (FOIA) and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members, respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. Article X -- AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. 34 16 (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) 35 17 January 8, 2020 MOTION for ADOPTION OF RULES OF PROCEDURE AND CONDUCT I move that the Board adopt the Rules of Procedure originally adopted by the Frederick County Board of Supervisors on May 28, 2003, amended January 8, 2020, and Roberts Rules of Order Simplified and Applied. ’ 36 January 8, 2020 MOTION for SELECTION OF A PARLIAMENTARIAN I move that the Board elect the County Administrator as Parliamentarian. MOTION for SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS I move that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of SupervisorsMeeting Room, County Administration Building, 107 ’ North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2020 with the exception ofthe November 11 meeting which shall be held on Thursday, November 12 because of the Veterans Day holiday. I further move that should a meeting be cancelled due to inclement weather, it will take place on the followingevening. 37 38 MINUTES CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 11, 2019 5:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Gary A. Lofton, Vice Chairman; Blaine P. Dunn; Judith McCann- Slaughter;J. Douglas McCarthy;and Robert W. Wells were present.Charles S. DeHaven, Jr., Chairman, was absent. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; and Ann W. Phillips, DeputyClerk to the Board of Supervisors. CALL TO ORDER Vice Chairman DeHaven called the meeting to order at 5:00p.m. CLOSED SESSION Supervisor Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Section 2.2-3711(A)(1) for discussion of candidates for the Shawnee District Supervisor and pursuant to Section2.2-3711(A)(7) and (8) for discussion of actual and/or probable litigation against the manufacturers and/or distributors of opioids.Supervisor Dunnsecondedthe motion which carried on a voice vote. At 6:15p.m., theBoard 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 Supervisor Wells, seconded by Supervisor Dunn.Supervisor Wells 39 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 applies, and (ii) only suchpublic business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Dunnsecondedthe motion which carried as follows on a roll call vote: Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Absent Judith McCann-SlaughterAye ADJOURN At 6:17p.m., Vice Chairman Lofton adjourned the meeting until the 7:00p.m. regular meeting. 3: MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 11,2019 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Gary A. Lofton, Vice Chairman; Blaine P. Dunn; Judith McCann- Slaughter;J. Douglas McCarthy;andRobert W. Wells were present.Charles S. DeHaven, Jr., Chairman, was absent. 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; Tyler Klein, Planner;Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technology; Dennis Linaburg, Fire & Rescue Chief; Lenny Millholland, Sheriff; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Vice Chairman Lofton called the meeting to order at 7:00p.m. INVOCATION Bobby Alger of Crossroads Community Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA –APPROVED Upon motion of Supervisor Slaughter,seconded by Supervisor Dunn,theagenda was adoptedon a voice vote. 41 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 1 CITIZENS COMMENTS The following persons, referencing the statewide second amendment sanctuary movement, spokein favor of the Consent Agenda item Resolution Addressing the Second Amendment: Dave LaRock, Delegate, 33House District rd Daniel Hyland, Gainesboro District Corey O’Donnell, Gainesboro District Jayson Vance, Red Bud District Mollie Brannon, Red Bud District Steve Brannon, Red Bud District James Maynard, Gainesboro District Elijah Filbert, Stonewall District Alan Morrison, Gainesboro District Trudy Poe Ruggles, Gainesboro District Clarence Mullins, Gainesboro District Sylvia White, Opequon District Rhodri Hughes, Stonewall District Travis Dotson, Stonewall District, owner of Middletown Firearms John Ferraro, Back Creek District Abe Wine, Gainesboro District Shawn Baird, Shawnee District Craig Anderson, Warren County resident Theresa Moyers, Gainesboro District James Evans, Back Creek District Whitney DeHaven, Gainesboro District Ian Antons, Back Creek District Alyse Trinch, Back Creek District Sean Thompson, Opequon District John Taylor, Gainesboro District Ariel Banagan, Back Creek District Dody Stottlemyer, Shawnee District Kim Hyland, Gainesboro District Danny Lanning, Opequon District Iris Flores, Gainesboro District Tim Roberts, Back Creek District John Campbell, Gainesboro District Lucas Cook, Shawnee District David Williamson, Gainesboro District 42 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 2 Brandon Angel, Winchester City resident Richard Van Norton, Back Creek District Samantha Smith, Opequon District Harry Miller, Gainesboro District Stacy Spadafora, Red Bud District Floyd Sadler, Back Creek District Steve Fertig, Red Bud District Jill Shields, Opequon District Mark Stickley, Opequon District Henry Bromley, Red Bud District The following persons spoke in opposition to the Consent Agenda item Resolution Addressing the Second Amendment: Bryan Nuri, Opequon District Cleo Usman, Opequon District Richard Good, Stonewall District Josh Morgan, Red Bud District ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Supervisor Dunn, seconded bySupervisor Wells,theconsent agenda was adoptedon aroll call vote as follows: Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Absent Judith McCann-SlaughterAye -Minutes of Closed Session and Regular Meeting of November 13, 2019- CONSENT AGENDA APPROVAL -Human Resources Committee Report of November 8, 2019- CONSENT AGENDA APPROVAL, Appendix 1 -Parks and Recreation Commission Report of November 19, 2019- CONSENT AGENDA APPROVAL, Appendix 2 -Public Safety Committee Report of November 21, 2019- CONSENT AGENDA APPROVAL, Appendix 3 -Transportation Committee Report of November 25, 2019-- CONSENT AGENDA APPROVAL, Appendix 4 43 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 3 -Acknowledgement of Receipt of Certified Copies of Abstract of Votes from the November 5, 2019, General Election- CONSENT AGENDA APPROVAL, Appendix 5 -Request for Road Name Change from Todd Coates Lane to Shamrock Knoll Lane - CONSENT AGENDA APPROVAL -Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations- CONSENT AGENDA APPROVAL Ford Motor Credit Co. -$2,955.78 M C Dean Inc. -$ 3,358.89 -Resolution Adding GravensteinCourt to the Secondary Road System– CONSENT AGENDA APPROVAL WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit 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 Department’s 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 RESOLVEDthat a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + -Resolution of Support for Traffic Incident Management Legislation – CONSENT AGENDA APPROVAL WHEREAS, on November 14, 2018, the Metropolitan Washington Council of Governments released a report entitled “Traffic Incident Management in the National Capital Region” which provided seven priority recommendations to improve the quick and safe resolution of traffic 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 the Virginia 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 44 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 4 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. + + + + + + + + + + + + + + -Resolution Authorizing Acceptance of Real Property form Lakeside Homeowners Association Inc. – CONSENT AGENDA APPROVAL WHEREAS, Lakeside Homeowners Association Inc. is the record owner of four (4) certain parcels of land in Shawnee Magisterial District of Frederick County; and WHEREAS, said parcels are identified as: Lot 1, Sublot B in Lakeside Subdivision, Tax Parcel Number 75B-A-1B; Lot 1, Sublot C in Lakeside Subdivision, Tax Parcel Number 75B-A-1C; Lot 1, Sublot D in Lakeside Subdivision, Tax Parcel Number 75B-A-1D; Lot 39, Sublot B in Lakeside Subdivision, Tax Parcel Number 75H-2-39B; This land being a portion of the land conveyed to Lakeside Homeowners Association Inc. from Shiho Inc. in Deed Book 869, page 1134; and WHEREAS, Lakeside Homeowners Association Inc has indicated an interest in donating the above-referenced lots to the County for the purpose of promoting outdoor recreation within the County; and WHEREAS, the Board of Supervisors intends to accept the gift of land from Lakeside Homeowners Association Inc., if the same is offered. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby authorizes the County Administrator, Kris Tierney, to accept a deed of gift for the above described property from Lakeside Homeowners Association Inc. on behalf of the County. + + + + + + + + + + ++ + + -Resolution Addressing Second Amendment – CONSENT AGENDA APPROVAL WHEREAS, the Second Amendment of the United States Constitution reads “A well regulated Militia, 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 45 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 5 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 is guaranteed by the Second Amendment to the United States Constitution and Article I, Section 13 of the Constitution of Virginia; and WHEREAS, the Frederick County Board of Supervisors is concerned about the passage of any bill containing language that could be interpreted in such a way as to infringe upon the rights of the citizens of Frederick County to keep and bear arms; and WHEREAS, the Frederick County Board of Supervisors wishes to express its deep commitment to the constitutionally protected rights of all citizens of Frederick County to keep and bear arms; and WHEREAS, the Frederick County Board of Supervisors wishes 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 Frederick County Board of Supervisors wishes 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 of Virginia, any efforts to unconstitutionally restrict such rights; and 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, by such legal means at its disposal protect the rights of the citizens of Frederick County 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 Frederick County to refrain from conduct which would infringe upon the Constitutional rights of our citizens. NOW, THEREFORE, BE IT RESOLVEDby the Board of Supervisors of Frederick County Virginia: That the Frederick County Board of Supervisors hereby expresses its intent to uphold and defend the Second Amendment rights and all constitutionally guaranteed rights of the citizens of Frederick County, Virginia, and That the Frederick County Board of Supervisors hereby 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 Frederick County, or to aid any agency in the infringement of such constitutionally guaranteed and protected rights; and That the Frederick County Board of Supervisors hereby specifically declares its intent to oppose any infringement upon the right of law-abiding citizens to keep and bear arms using such legal means as may be expedient. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy discussed the just-passed Resolution Addressing the Second Amendment. The meeting was recessed for a five-minute break. Supervisor Dunn discussed the just-passed Resolution Addressing the Second Amendment. 46 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 6 COUNTY OFFICIALS: COMMITTEE APPOINTMENTS LLOYD WINTERS APPOINTEDTO BOARD OF BUILDING CODE APPEALS-APPROVED On motion of Supervisor Wells, seconded by Supervisor Slaughter, Lloyd Winters was appointed on a voice vote toa vacant five-year term, ending 12-11-2024,onthe Board of Building Code Appeals. HUGH VAN METER REAPPOINTED AND KENNETH BAKER APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE-APPROVED On motion of Supervisor Dunn, seconded by Supervisor McCarthy,Hugh Van Meter was reappointed on a voice vote to a two-year term, ending 11-9-2021,on the Shawneeland Sanitary District Advisory Committee. On motion of Supervisor Dunn, seconded by Supervisor McCarthy, Kenneth Baker was appointed on a voice vote to a two-year term,ending 11-9-2021,on the ShawneelandSanitary District Advisory Committee. DWIGHT SHENK, GAINESBORO DISTRICT REPRESETNATIVE,REAPPOINTED TO THE BOARD OF ZONING APPEALS –APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Slaughter,Dwight Shenk wasreappointed on a voice vote to a five-year termending 12-31-2024as Gainesboro District Representative on the Board of Zoning Appeals. RAYMOND CROSS, OPEQUON DISTRICTREPRESENTATIVE, AND ROSE MCDONALD, GAINSEBORO DISTRICT REPRESENTATIVE, REAPPOINTED TOEXTENSION LEADERSHIP COUNCIL -APPROVED On motion of Supervisor Wells, seconded by Supervisor Slaughter,Raymond Cross was reappointed on a voice vote to a four-year term ending 1-26-2024 as Opequon District Representative on the ExtensionLeadership Council. On motion of Supervisor McCarthy, seconded by Supervisor Slaughter,Rose 47 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 7 McDonald was reappointed on a voice vote to a four-year term ending 1-26-2024 as Gainesboro District Representative on the Extension Leadership Council. RONALDMADAGAN, OPEQUON DISTRICT REPRESENTATIVE, ANDNATALIE GEROMETTA, GAINESBORO DISTRICT REPRESENTATIVE, REAPPOINTED TO PARKS AND RECERATION COMMISSION -APPROVED On motion of Supervisor Wells, seconded by Supervisor Dunn,Ronald Madagan was reappointed on a voice vote to a four-year term ending 1-14-2024 as Opequon District Representative on the Parks and Recreation Commission. On motion of Supervisor McCarthy, seconded by Supervisor Wells,Natalie Gerometta wasreappointed on a voice vote to a four-year term ending 2-13-2024 as GainesboroDistrict Representative on the Parks and Recreation Commission. KEVIN KENNY, GAINESBORO DISTRICT REPRESENTATIVE, ANDWILLIAM CLINE, STONEWALL DISTRICT REPRESENTATIVE, REAPPOINTED TO PLANNING COMMISSION - APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Wells,Kevin Kenny was reappointed on a voice vote to a four-year termending 1-26-2024as Gainesboro District Representative on the Planning Commission. On motion of Supervisor Slaughter, seconded by Supervisor McCarthy,William Cline was reappointed on a voice vote to a four-year termending 2-12-2024as Stonewall District Representative on the Planning Commission. GWEN BORDERS-WALKER JOINTLY APPOINTED TO WINCHESTER-FREDERICK TOURISM BOARD -APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Dunn, the Board confirmed the recent appointment by the City of Winchesterand appointed Gwen Borders-Walker as Non-Profit Sector Representative to athree-year term on the Winchester-Frederick Tourism Board. + + + + + + + + + + + + + + 48 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 8 COMMITTEE BUSINESS: HUMAN RESOURCES COMMITTEE PROPOSED CHANGES TO FREDERICK COUNTY HUMAN RESOURCES POLICY REGARDING WORKERS’ COMPENSATION –RETURNED TO HUMAN RESOURCES COMMITTEE Supervisor Dunn moved for approval of the changes recommendedby the Human Resources Committee regarding worker’s compensation policy. Supervisor McCarthy seconded the motion. Supervisor McCarthy moved for approval of a substitute motion sending the matter back to the Human Resources Committee for further discussion regarding the earning of paid time off while an employee is on a worker’s compensation leave. Supervisor Dunn secondedthe motion which carriedon a voice vote. + + + + + + + + + + + + + + PUBLIC HEARINGS–NON PLANNING ISSUES TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE 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 -APPROVED County Administrator Tierney provided background information on the annually requested permit. Kristin Laise, Executive Director of BelleGrove Plantation, explained the request. Vice Chairman Lofton opened the public hearing. There were no speakers. Vice Chairman Lofton closed the public hearing. Supervisor Dunn moved for approval of the Twelve-Month Outdoor Festival Permit for BelleGrove Plantation. Supervisor Wells seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + 49 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 9 PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 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.-APPROVED Planner Tyler Klein provided background saying the proposed changes enable smaller commercial telecommunications facilities in certain zoningdistricts by-right in order to enable better internet service to underserved areas of the County (suchas Shawneeland). Further, he said, the proposed changes codify changes to the Code of Virginia, whichcreated a two-track process for approval of telecommunication facilities. He said the legislation treats certain, defined small scale facilities as “administrative review-eligible projects” that alocality must permit in any zoning district, without the requirement of a Conditional Use Permit.Mr. Klein said this would enable “small cell facilities,” structures under 50-feet (FT) in height, or co-location ofa wireless facility on an existing structure to be sited administratively, and also revampsthe rules for larger projects, or “standard process projects”which would continue to be permitted through theCounty’s Conditional Use Permit (CUP) process. Supervisor McCarthy asked for and received confirmation that the proposed ordinance amendment does not change anything but rather updates County Code to conformwith State Code. Supervisor Dunn and Mr. Klein discussed private towers and the 50’ by right allowance of such towers in certain zones. Vice Chairman Lofton opened the public hearing. Dave Williamson, Gainesboro District and representative of Winchester Wireless, spoke in favor of the ordinance and asked that the Board also address the idea of personal towers that can be used for commercial purposes to better serve areas where broadband service is unavailable. 4: Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 10 Mollie Brannon, Stonewall District, said towers taller than 50’ are needed to get internet service when residents have tall trees. John Jewell, Back Creek District, said the overall planto improve internet availabilityneeds to beworked on with all providers to grow broadband service. He added it is wrong for amateur (Ham)radio towers to be used for commercial purposes. Richard Mason, Back Creek District, asked why Winchester Wireless would build towers taller than 50’ if they know the current law. He noted his concern for property values near cell towers and warned the Board that approving towersover 50’ will ruin the County’s landscape. Steve Brannon, Stonewall District, asked the Board to consider those who need some type of tower to receive cell service. Vice Chairman Lofton closed the publichearing. Supervisor McCarthy moved for adoption of the proposed ordinanceamending the Frederick County Code Chapter 165 Zoning. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Absent Judith McCann-SlaughterAye 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 51 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 11 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 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. For larger projects (such as telecommunication monopoles), what it calls “standard process projects”. The types of facilities would continue to be permitted through the County’s 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 create a two-track process for the approval of telecommunications facilities, enabling “administrative review eligible” small-scale commercial telecommunications facilities by-right and continuing to allow large-scale projects as “standard process projects” permitted though he County’s Conditional Use Permit (CUP) process;, and to allow communication facilities in the OM (Office- Manufacturing Park) and HE (Higher Education) Zoning Districts. +++ ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. TELECOMMUNICATION FACILITY , including 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. 52 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 12 \[Term effectively superseded by definitions in Va. Code § 15.2-2316.3\] 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 tosupport 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 $50each 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 53 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 13 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 Administratorin 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 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. \[Va. Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct 54 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 14 costs to process the application, including permits and inspection”)\] The application shall be subject to 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 Commission’s established ANSI/IEEE standards for 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 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 mayaccept, 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 55 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 15 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 newwireless 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 56 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 16 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 thissubsection, the Board 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. 57 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 17 (2)Identification of all service providers and commercial telecommunication facility infrastructure withina 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 whicha commercial telecommunication facility is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties: (1)The Boardof 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. 58 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 18 (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. ARTICLE VI Business and Industrial Zoning Districts Part 605 OM Office-Manufacturing Park District § 165-605.02. Permitted uses. Permitted UsesStandard Industrial Classification (SIC) Communication facilities and offices, including telephone, 48 telegraph, radio, 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. 59 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 19 + + + + + + + + + + + + + + PLANNING COMMISSION DIRECTED TO HOLD A PUBLIC HEARING REGARDING ALLOWING TOWER HEIGHTS OF UP TO 100 FEET AND REDUCING CONDITIONAL USE PERMIT FILING FEES, IN ORDER TO ADDRESS WIRELESS ACCESS ISSUES WEST AND EAST OF INTERSTATE 81 -APPROVED The Board and staff discussed the need for additional cell service in various areas of the County and the use of personal amateur (Ham)radio towers for commercial purposes. Supervisor McCarthynoted the lack of service in the western part of the County. Supervisor Slaughter said there were similar issues in Stonewall District also. Supervisor McCarthy moved for approval of a resolution directing the Planning Commission to hold a public hearing regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues west of Interstate 81. Supervisor Wells seconded the motion which carried on a voice vote. DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING 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 REGARDING AREAS WEST OF INTERSTATE 81 WHEREAS, the Board of Supervisors, on December 11, 2019, adopted an ordinance to amend Chapter 165, Zoning to permit smaller commercial telecommunication facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County, and to codify in the County Code changes to the Code of Virginia which created a two-track process for approval of telecommunication facilities; and WHEREAS, the Board of Supervisors, at its meeting on December 11, 2019, stated that further amendments to the ordinance may be appropriate, regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues west of Interstate 81; and WHEREAS, the Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, directing the Frederick County Planning Commission to consider and recommend such further amendments and hold a public hearing regarding the same is appropriate; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Planning Commission shall consider and recommend further amendments to Chapter 165, Zoning, regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues west of Interstate 81, and hold a public hearing regarding the same. 5: Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 20 + + + + + + + + + + + + + + SupervisorSlaughter moved for approval of a resolution directing the Planning Commission to hold a public hearing regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues east of Interstate 81. Supervisor Dunn seconded the motion which carried on a voice vote. DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING 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 REGARDING AREAS EAST OF INTERSTATE 81 WHEREAS, the Board of Supervisors, on December 11, 2019, adopted an ordinance to amend Chapter 165, Zoning to permit smaller commercial telecommunication facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County, and to codify in the County Code changes to the Code of Virginia which created a two-track process for approval of telecommunication facilities; and WHEREAS, the Board of Supervisors, at its meeting on December 11, 2019, stated that further amendments to the ordinance may be appropriate, regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues east of Interstate 81; and WHEREAS, the Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, directing the Frederick County Planning Commission to consider and recommend such further amendments and hold a public hearing regarding the same is appropriate; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Planning Commission shall consider and recommend further amendments to Chapter 165, Zoning, regarding allowing tower heights of up to 100 feet and reducing conditional use permit filing fees, in order to address wireless access issues east of Interstate 81, and hold a public hearing regarding the same. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO 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, 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, 61 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 21 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.–APPROVED Planner Tyler Klein explained the proposed amendment to Chapter 165 –Zoning Ordinance saying it is intended to improve consistency within and between certain sections and to clarify or modify requirements for certain uses, specifically the following sections: §165-204.18 Storage facilities, self- storage;§165-204.24 Tractor truck and tractor trailer truck;parking;§165-204.30 Specialevent facilities;§165-202.01 Off-street parking; parking lots;§165-203.01 Landscaping requirements; and §165-203.02 Buffer and Screening requirements. Vice Chairman Lofton opened the public hearing. There were no speakers. Vice Chairman Lofton closedthe publichearing. Supervisor McCarthy moved for adoption of the proposed ordinance amending the Frederick County Code Chapter 165 Zoning. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Absent Judith McCann-SlaughterAye 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 62 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 22 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); 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. +++ 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 completely screened by a double 63 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 23 row of evergreen trees that are staggered and planted a maximum of feet off center and are a minimum of 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 to provide for a double row of evergreen trees that are staggered and planted a maximum of 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 offeet 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 trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of feet in height at the time of planting. 4) The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. A 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. These lots shall meet the following conditions: A.All areas utilized for the parking of tractor trucks and the storage of trailers utilize a gravel 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, unlicensed trailers shall be parked or stored on the site. D.Fuel sales shall not be permitted. 64 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 24 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 The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of four 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. 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 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. 65 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 25 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 feet for two-way traffic, and 12 feet for one-way traffic. 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 NameTypes of Landscaping Permitted 2)Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. 66 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 26 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 -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 screening shrubs shall be a minimum of 36 inches in height at time of planting 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. 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. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 Buffers and Landscaping §165-203.02. Buffer and screening requirements. A. Distance 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, etc. 67 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 27 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. 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 at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the , 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 and 1/3 shrubs. Deciduous trees shall be planted at a minimum of two1.25-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, berm 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, 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. 1)Buffers shall be provided on the land to be developed according to the categories in the following tables: a)Buffer categories: 2) 68 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 28 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. 6)Land proposed to be developed in the B3, OM, M1 or M2 Zoning 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. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS–None BOARD LIAISON REPORTS-None 69 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 29 CITIZEN COMMENTS Lynette Embry, Shawnee District, thanked her father, Vice Chairman Lofton for his 12 years of service to the Board. She noted he rarely missed a Board or Committee meeting and was known for searching for out-of-the-box solutions. Christian Aylor, Opequon District, thanked the Vice Chairman for his service. He said incoming SupervisorGraber has said he wants to take funding away from the schools. He asked the Board to start thinking of the needs of the students as the new year begins. Dave Williamson, Gainesboro District and representative of Winchester Wireless, referenced code regarding the heightof amateur (Ham) radiotowers saying it was not intended to preclude individuals from using such towers for commercial or cell use. He asked the Board for a stay on zoning ordinance enforcement until the issue of tower height is finalized. BOARD OF SUPERVISORS COMMENTS Supervisor Wells said he was proud to have served with Vice Chairman Lofton who has done a good job serving Frederick County. Supervisor McCarthy said the Vice Chairman had done a fine job chairing the meeting. He said he appreciated the Vice Chairman’swillingness to be available to new Board members and that Supervisor Lofton was a true statesman. Supervisor Dunn said he had enjoyed working with Vice Chairman Lofton saying that Back Creek’s citizenshadbeen well represented. Supervisor Slaughter said she had the pleasure of serving on several committees with Vice Chairman Lofton and appreciatedhis workingfor all of Frederick County. Vice Chairman Lofton said he had been blessed to serve Frederick County and Back Creek residents. He added that it had been a pleasure and an honor to work with his fellow Board members, noting that the citizensof Frederick County hadbenefited from the honest debate and service of the whole Board. He thanked and praised the Frederick County staff for its knowledge and skills. 6: Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 30 ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,the meeting was adjourned at 10:26p.m. 71 Frederick County Board of Supervisors Regular Meeting Minutes * December 11, 2019 31 72 MINUTES SPECIAL MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 18, 2019 3:00P.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;and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; and Ann W. Phillips, DeputyClerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 3:00p.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)(1) for discussion of candidates for the Shawnee District Supervisor.Supervisor McCarthy secondedthe motion which carried on a voice vote. At 3:45p.m., theBoard 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 Loftonmoved 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 applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor McCarthy secondedthe motion which carried as follows on a roll call vote: 73 Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye GENE FISHER APPOINTED AS SHAWNEE DISTRICT SUPERVISOR -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, Gene Fisher was appointed as Supervisor representing the Shawnee Magisterial District on a roll call vote as follows: Blaine P. DunnAyeShawnee Seat (Vacant) Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye WHEREAS, the Shawnee District Supervisor seat became vacant following the resignation of Shannon Trout effective November 13, 2019, and WHEREAS, the Board of Supervisors sought to appoint a candidate to fill the Shawnee District vacancy until the election in November 2020, NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby appointed Gene Fisher as Supervisor representing the Shawnee District. + + + + + + + + + + + + + + CHAIRMAN’S COMMENTS Chairman DeHaven noted that it was Vice Chairman Lofton’s final meeting as a Board member. He said it had been an honor and privilege to serve with the Vice Chairman. ADJOURN At 3:48 p.m., the meeting was adjourned on a motion of Vice Chairman Lofton, seconded by Supervisor Wells, passing on a voice vote. 74 75 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday, December 13, 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 107 North Kent Street on Friday, December 13, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Beth Lewin; and Bob Wells Staff present: Michael Marciano, Human Resources Director; Manager; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; and Patricia Lowery, Assistant Court Services Director. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Non-Discrimination/Non-Harassment Policy (Exhibit A). Mr. McCarthy moved to approve the policy and Ms. Lewin seconded the motion. The committee recommends approval, 5 in favor & 0 against. 2.The Human Resources Department presented a nomination for Employee of the Month for Shelia Harden (Exhibit B). Ms. Lewin moved to approve the policy and Mr. McCarthy seconded the motion. The committee recommends approval of Sheila Harden the January 2020 Employee of the Month, 5 in favor & 0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Dorrie Greene Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources 76 Exhibit A Non-Discrimination/Non-Harassment Policy Considered at December 13, 2019 HR Committee Meeting 77 Non-Discrimination/Non-Harassment Policy For Consideration at the December 13, 2019 HR Committee Meeting Attached is a redlined version that tracks the edits that were made to the version that was before the HR Committee on November 8, 2019. The specific changes that follow in the revised policy are as follows: Reworked the first paragraph to accomplish thereference to an addendum from HR. Prepared the addendum. Removed and added commas in various places, for more accuracy (first, second, and last harassment bullet points, first sentence of Reporting Obligations, and first sentence of Individuals and Conduct Covered). Added an “or” in the second harassment bullet point. Reworded the first sentence following the bullet points in Harassment.This is in an effort to avoid ambiguity about what constitutes “a certain level of seriousness”.This is the only change beside those discussed by the Committee that is other than a purely technical change. Changed “core values” to “professional expectations for its employees”. Reworded Reporting Obligations to make clear that an employee may also go to the HR Director in lieu of supervisor or department head. 78 XX.NON-DISCRIMINATION/NON-HARASSMENT Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment.Frederick County prohibits discrimination, including harassment, on any illegal basis. The types of prohibited discrimination and/or harassment can be subject to change under the law. The addendum to this policy identifies the current forms of prohibited discrimination and harassment. The Human Resources Department will update the addendum as necessary consistent with changes in the law.In keeping with this commitment, discrimination or harassment on the basis of race, color, religion, sex, national origin, pregnancy, childbirth, medical conditionsrelatedto pregnancy or childbirth,age, marital status, disability, military service,veteran status, genetic information(such as information that could be used to determine an employee’s risk for disease), or any other protected class under applicable law is prohibited.Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. Harassment For purposes of this policy, harassment includes verbal or physical conduct that denigratesor shows hostility toward an individual or conduct that creates an intimidating, hostile, oroffensive working environment for an individual because of the individual’s protectedclass. Such conduct may include, but is not necessarily limited to, slurs, epithets,threats, derogatory comments or visual depictions, unwelcome jokes and teasing,stereotyping, insulting or obscene comments or gestures, display or circulation in theworkplace of written or graphic material that denigrates or shows hostility toward the individual or group, or other verbal or physical actions relating to anindividual’s protected class. Because there is often confusion related to the meaning of sexual harassment, it deservesadditional clarification. Sexual harassment includes any unwelcome sexual conduct(including sexual advances, requestsfor sexual favors, and other verbal and physicalconduct of a sexual nature) when (1) submission to the conduct is an explicit or implicitterm or condition of employment, (2) submission to or rejection of the conduct is used asthe basis for an employment decision affecting the individual, or (3) the conduct has thepurpose or effect of unreasonably interfering with an individual’s work performance, orcreating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, or sexually suggestive, insulting,or graphic comments, noises, or sounds; 79 Sexually explicit, suggestive,or offensive jokes; Demeaning, insulting, intimidating, or sexually suggestive comments about an individual’s dress, body, appearance, or personal life; The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures; and Demeaning, insulting, intimidating, or sexually suggestive written, recorded,or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature, repetitionbe serious in nature, be repeated, and/or have an impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County’s core valuesprofessional expectations for its employees.Thus, Frederick County may take action to address offensive behavior orstatements based on a person’s protected classeven if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to,or has witnessed,any kind of harassing behavior,as described in this policy,should immediately notify his or her supervisor,or Department Head. In addition,if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department Head, including but not limited to instances in which the supervisor or Department Head is engaging inor allowingthe harassment, an employee may always instead opt to notify or the Director ofHuman Resources.A supervisor who becomes aware of any harassment, or who receivesallegations of harassment from any employee, must immediately advise the Director ofHuman Resources. Investigation All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue.Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, FrederickCounty may take corrective action, including such discipline as is appropriate, up to andincluding immediate termination of the employee. Retaliation Prohibited Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination.If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered 7: This policy prohibits harassment, discrimination,and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplaceand in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events. 81 Addendum to the Non-Discrimination/Non-Harassment Policy Discussed at the December 13, 2019 HR Committee Meeting The HR Committee is not being asked to adopt the Addendum to the Non- Discrimination/Non-Harassment Policy.It is being provided for informational purposes. As the law in this area changes, it is envisioned that staff may updatethe Addendum without having to go back to the HR Committee for approval. 82 ADDENDUM REGARDING NON-DISCRIMINATION/NON-HARASSMENT Issued by Human Resources Department, January 2020 In keeping with Frederick County’s commitmentto a work environment in which all individuals are treated with respect and dignity, discrimination and/or harassment on the followingbasesis prohibited: race color religion sex national origin pregnancy, childbirth, medical conditions related to pregnancy or childbirth age marital status disability military service veteran status genetic information (such as information that could be used to determine an employee’s risk for disease). 83 Exhibit B Employee of the Month Nomination of Shelia Harden (submitted November 7, 2019) 84 85 86 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, December 3, 2019 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Gene E. Fisher; and Harvey E. “Ed” Strawsnyder, Jr. Committee Members Absent: Whitney “Whit” Wagner; and Robert W. Wells LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Kris C. Tierney; Perry Eisenach; and Michael Neese Committee Members Absent: Robert W. Wells; J. Stanley Crockett; David Ash; and Eden Freeman; Justin Hall Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Andrew Clarke, Landfill Environmental Manager; Kevin Alderman, Shawneeland District Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator (Attachment 1) Agenda Packet ITEMS FOR INFORMATION ONLY 1-We had a joint Public Works Committee/Landfill Oversight Committee to discuss the proposed Landfill Budget for Fiscal Year 2021. Staff updated committee members about several on-going projects at the Landfill. We continue to perform drilling, blasting and crushing operations in our next M.S.W. Landfill Cell, Phase 3, Cell A. We anticipate completing this operation in June 2021. We have finished construction of all the Permit 40 leachate improvements including a five (5) million-gallon leachate lagoon. We are getting ready to start a Pilot Compost Field Study to see if we can cost effectively compost sewage sludge and on- site yard waste to make beneficial compost. There are no proposed increases in tipping fees for Fiscal Year 2021. The proposed budget for the Fiscal Year 2021 budget is $9,634.911.00. The committee was also updated on the Recycling Program Study that has been performed by SCS Engineers. The purpose of this study is to see what our local options are for improving the recycling program. We just received a DRAFT report and are currently reviewing it. We should be discussing any recommendations and findings at the next meeting to be held in January 2020. The Northern Shenandoah Valley Regional Commission recycling study for our region has also begun. There is a meeting coming up December 10, 2019 to discuss the options. This regional study should be complete in the late winter or early spring timeframe. 87 2-Staff presented the other Public Works departmental budgets. There was a brief discussion about each budget except for the Shawneeland budget. During the discussion of the proposed budget for Shawneeland, due to on-going decreases in the reserve account, the committee recommended an increase in the Sanitary District fee for improved lots of $140.00. The current fee is $660.00 per year for improved lots and the proposed increase would bring the improved lots fee to $800.00 per year. The current reserve account is approximately $1.1 million. It has always been the desire of the board that the reserve account be greater than the annual budget in case of any unforeseen emergencies or expenses. After discussion, the Public Works Committee endorsed the budgets as amended. (Attachment 2) 3-Staff updated the committee on hauling recycled goods. Due to the recent changes, we must begin hauling all recycled goods to Hagerstown, Maryland. The increased distance will increase our transportation costs. After discussion, the committee recommends continuing the recycling program and to fund the additional costs. Respectfully submitted, Public Works Committee J.Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney “Whit” L. Wagner Gene E. Fisher Harvey E. “Ed” Strawsnyder, Jr. By ____________________ Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Mike Stewart, Senior Project Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Mark Fleet, Building Code Official file 88 MEMORANDUM TO: Public Works Committee/Landfill Oversight Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Meeting ofDecember 3, 2019 DATE: November 26, 2019 ________________________________________________________________________ There will be a joint meeting of the Public Works Committee and the Landfill Oversight Committee on in the conference room located on the second floor of the north Tuesday, December 3, 2019 at 8:00 a.m. end of the County Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as follows: Public Works Committee/Landfill Oversight Committee Joint Items – 8:00 a.m.: 1.Discuss on-going projects at the Landfill 2.Review Proposed FY 2021 Landfill Budget Attachment 1) ( 3.Discuss the Regional Recycling Study Public Works Committee Items – 8:30 a.m.: 4.Review Proposed FY 2021 budgets (Attachment 2) 5.Discussion regarding the hauling contract (Attachment 3) 6.Miscellaneous Reports: a.Tonnage Report: Landfill (Attachment 4) b.Recycling Report 89 Attachment 5) ( 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Page 2 Public Works Committee/Landfill Oversight Committee November 27, 2018 c.Animal Shelter Dog Report: (Attachment 6) d.Animal Shelter Cat Report (Attachment 7) e.Shawneeland Sanitary District Advisor Committee quarterly meeting minutes (Attachment 8) JCW/kco Attachments:as stated cc:file 8: 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Landfill Fund Mission The Frederick County Landfill strives to provide environmental and fiscally responsible management of solid wastes for the members of the regional service area. This includes management practices to ensure services for future generations. Temporary liner used as a “rain guard” being deployed to help decrease rain water infiltration, reducing the amount of leachate that is generated from the landfill. What We Do The landfill is currently in the •The Landfill provides non-hazardous solid waste disposal needs for process of having 500,000 Frederick and Clarke Counties and the City of Winchester cubic yards of earth moved and •The landfill property includes 966 acres of which 90 acres have been processed in order to prepare permitted under Subtitle “D” Regulations as a municipal solid waste facility, the next MSW cell. Once and 50 acres permitted as a Construction Demolition Debris waste facility. material is removed, a liner The additional acreage is maintained as borrow area and buffer system will be installed prior to •In addition to operating the two permitted landfills, the facility operates the placement of waste. Total a fully equipped Citizen’s Convenience Center offering disposal options for cost of the next MSW cell several waste streams including household municipal, construction development is estimated to demolition debris, household hazardous waste, electronics, and numerous be $750,000 per acre. other recycling opportunities •Frederick County operates a tire chipper as part of the Northern Shenandoah Valley Regional Commission RTOP program, serving all localities within the Commission •A program to convert landfill gas to electricity was established in 2010 •Currently two Jenbacher 320 engines are fueled by the landfill gas and can produce approximately two megawatts of power •The Landfill operates and maintains a leachate pre-treatment system designed to collect and provide treatment from all three of the permitted landfills located at the facility 91 Landfill Fund Budget Summary FY2020FY2020FY2021 FY2019 Approved Estimated Adopted Change Actual Budget Budget Budget FY20 to FY21 Costs Personnel $$2,272,338$$$ % Operating 3,235,315% Capital/Leases 4,960,000% Total 10,467,653% Fees 7,972,793% Local Reserves2,494,860% Local Tax Funding$0$0$0$0$0 0.00% Full-Time Positions28% Goals/Objectives FY 21 Total Budget •Maintain vegetative cover on exposed soils by over seeding and fertilizing, $9,622,911 increase frequency of mowing established vegetation. •Improve management of storm water control features. Notable Changes •Increase safety awareness of all landfill employees and continuing education of operators. •Continue base grading of MSW Cell 3A in order to prepare for liner Capital installation in FY 2020-2021. •Majority of capital •Modify leachate system to better manage collection, treatment, and disposal. expenses are related to •Maintain landfill gas collection system as needed to maximize collection development of next MSW efficiency. Cell 3A development. There are not any •Maximize landfill gas collected in order to increase electrical generation equipment purchases •Strive for waste reduction through recycling, composting, brush grinding, tire budgeted for FY 21. shredding, etc. •Expand wireless communications to remote areas of landfill site. Service Levels FY2019 FY2020 FY2021 Actual Budget Plan Tons of waste weighted and disposed 189,646 175,000 185,000 Megawatt/hours of power generated from Gas to Energy Plant9,039 10,512 10,512 Gallons of pretreated leachate collected and discharged 41,690,000 25,000,000 25,000,000 Tons of scrap metal recycled 1,405 1,200 1,300 Tons of household hazardous waste collected 55 100100 Tons of tires processed to rubber chips 1,652 2,000 2,000 Tons of yard waste processed to mulch7,623 7,500 7,500 92 Landfill Fund Public Works Director Landfill Manager Landfill Environmental Convenience Site Administrative Scale Operator Operations ManagerSupervisorAssistant Supervisor Asst. Environmental Heavy Equipment Convenience Site Safety TechnicianMechanic Supervisor Assistant LFG To Energy Convenience Site Maintenance Plant OperatorAttendant (2) Mechanic Senior Landfill Laborer Technician (3) Landfill Technician (8) Spotter (2) 93 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Fiscal Year 2020/2021 Budgets DATE: November 26, 2019 ______________________________________________________________________________ The following is a summary of the proposed Public Works budgets and the projected revenues for Fiscal Year 2020/2021 and the current amended Fiscal Year 2019/2020 budgets: DISCIPLINE FY 19/20FY 20/21FY 20/21 AMENDED BUDGETS PROJECTED BUDGETS (Proposed) REVENUES Inspections-3401 1,464,1131,534,4361,400,000 Building Appeals Board -8106 5615610 Animal Shelter -4305 825,255799,04283,855 Refuse Collection–4203 1,885,6851,727,159261,145 Refuse Disposal –10-4204 686,880651,360116,700 Litter Control -4205 28,55430,33313,000 Engineering -4201 424,805432,426196,130 General Fund Total 5,315,8535,175,3172,070,830 Landfill (12 fund) –4204 * 11,562,8809,634,9118,373,924 Shawneeland -8108** 1,446,5101,146,023812,880 Public Works Total Budget 18,325,24315,956,25111,257,634 *Balance from Landfill Reserve.**Balance from Shawneeland Reserve 214 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Fiscal Year 2020/2021 Budgets Page 2 November 26, 2019 Summary of Capital Requests, New Personnel Requestsand Revenues 1.Inspections Budget 10-3401-000-000 We are requesting no new personnel during Fiscal Year 2021. e are proposing no capital requests during Fiscal Year 2021. W Our projected expenditures for Fiscal Year 2021 are $1,534,436. This is an increase of $70,323from Fiscal Year 2020. 2.Building Appeals Board10-8106-000-000 No projected changes to this budget. 3.Animal Shelter 10-4305-000-000 We are requesting a capital purchase with in the FY2021 budget. Our projected expenditures for Fiscal Year 2021are $799,042.This is adecrease of $26,213 over the current Fiscal Year 2020 budget. We need to replace an existing sport utility vehicle. We are requesting $31,000 to purchase a new 4x4 SUV. 4.Refuse Collection Budget 10-4203-000-000 Our projected expenditures for Fiscal Year 2021 are $1,727,159. This is a decreaseof $158,526 over the current Fiscal Year 2020 budget amount. 5.Refuse Disposal Budget 10-4204-000-000 We have proposed a Fiscal Year 2021 expenditure amount of $651,360. This represents a decrease of $35,520from the current Fiscal Year 2019 budget. 6.Litter Control 10-4205-000-000 We have proposed a Fiscal Year 2021 expenditure amount of $30,333. This represents an increase of $1,779from the current Fiscal Year 2020 budget. 215 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Fiscal Year 2020/2021 Budgets Page 2 November 26, 2019 7.Engineering 10-4201-000-000 We are requesting funding for an Environmental Inspector I position. We currently have a position available in the budget, but it has not been funded for several years. Weare also requesting a capital purchase in the Fiscal Year 2021 budget. If we are approved to fund the Environmental Inspector I position we will needto purchase a new 4x4 pick up truck. We are requesting $30,000 to purchase the new truck. We have proposeda Fiscal Year 2021 expenditures of $432,426. This represents an increase of $7,621from the current Fiscal Year 2020 budget. 8.Landfill 12-4204-000-000 We have proposed a Fiscal Year 2021 expenditures of $9,634,911. This represents a decrease of $1,927,969 from the currentFiscal Year 2020 budget. 9.Shawneeland 16-8108-000-000 We are proposing no Sanitary District fee increases in Fiscal Year 2021.We have proposed a Fiscal Year 2021 expenditures of $9,634,911. This represents a decrease of $1,927,969 from the current Fiscal Year 2020 budget. 216 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: Hauling Recyclablesto Market; IFB 2020-06C DATE: November 26,2019 Basedon thesole bid received from Republic Services on October 25 paper, metal cans and cardboard,Isubmit the following estimated costs for the hauling and processing of Mixed Paper: $38,520/year; assumes $25/ton processing and $321/pull in hauling costs to Apple Valley Recycling in Hagerstown Cardboard: $145,789/year; assumes $0/ton processing; zero rebate; and rental costs for use of custom 8-yard containers ($14,400/year) for collectionand transport to Apple Valley Recycling -- $233,688using roll-off containers; cost reduction of $69,174 Metal Cans: $21,900/year; assumes $50/$30 ton processing for metal cans (aluminumand steel, respectively) and $321/pull in hauling costs to Apple Valley; rebate at market rate (est. $16,800 @ .35lb.) which would offset majority of costs associated with can recycling The above takes advantage of efficiency achieved by collecting cardboard in 8-yard containers and compaction achievedin a frontend truck, resulting in two trips to the Hagerstown recyclery each week rather than 14 trips using existing roll-off containers.The recycler will processall cardboard at no cost and pay a rebate for cans. Total cost for transporting and processingremaining recyclables (metal cans, mixed paper, cardboard) is calculatedat $189,409per year,assuming rebates. Please keep in mind that transportation costs associated with the recycling program have always been a part of the Refuse Collection (4203) budget and currently average $160,824/year. In conjunction with the current contract for plastic bottles and jugs, the above scenario will retain and stabilize the recycling program in Frederick County. cc:file 251 107 North Kent Street, Second Floor, Suite 200Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: MonthlyTonnage Report -Fiscal Year 19/20 DATE: November 25, 2019 The following is the tonnage for the months of July 2018through June 2020, and the average monthly tonnage for fiscal years 03/04 through 19/20. FY 03-04:AVERAGE PER MONTH:16,348 TONS (UP 1,164 TONS) FY 04-05:AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY 05-06:AVERAGE PER MONTH: 17,785TONS (UP 756 TONS) FY 06-07:AVERAGE PER MONTH:16,705 TONS (DOWN 1,080 TONS) FY 07-08:AVERAGE PER MONTH:13,904 TONS (DOWN 2,801 TONS) FY 08-09:AVERAGE PER MONTH:13,316 TONS (DOWN 588 TONS) FY 09-10:AVERAGE PER MONTH:12,219 TONS (DOWN 1,097 TONS) FY 10-11:AVERAGE PER MONTH:12,184 TONS (DOWN 35 TONS) FY 11-12:AVERAGE PER MONTH:12,013 TONS (DOWN 171 TONS) FY 12-13:AVERAGE PER MONTH:12,065 TONS (UP 52 TONS) FY 13-14:AVERAGE PER MONTH:12,468TONS (UP 403TONS) FY 14-15:AVERAGE PER MONTH:13,133TONS(UP 665TONS) FY 15-16:AVERAGE PER MONTH:13,984 TONS (UP 851 TONS) FY 16-17:AVERAGE PER MONTH:14,507TONS(UP 523 TONS) FY 17-18:AVERAGE PER MONTH:15,745TONS(UP1,238 TONS) FY 18-19:AVERAGE PER MONTH:16,594 TONS(UP849TONS) FY19-20:AVERAGE PER MONTH:18,934TONS (UP 2,340TONS) MONTHFY 2018-2019FY 2019-2020 JULY 17,70417,956 AUGUST 18,54317,267 SEPTEMBER 14,79917,985 OCTOBER 18,15822,528 NOVEMBER 15,404 DECEMBER 14,426 JANUARY 13,973 FEBRUARY 12,764 MARCH 17,079 APRIL 20,313 MAY 19,443 JUNE 16,519 JCW/gmp 252 253 596,343544,289367,630409,840311,46000000002,229,5626,277,2676,207,6106,245,8646,652,2866,079,3705,932,9375,722,6265,696,1715,427,6375,346,0984,968,4075,324,0443,900,9792,898,8332,632,5892,695,2622,20 9,1002,180,8452,439,8402,363,4982,079,8262,494,4862,344,4202,305,96087,941,078 TOTAL 1,123,2002,909,8572,874,7092,687,2412,376,3441,890,7291,639,2251,321,9381,432,6781,220,1071,348,3981,097,1511,172,88025,08058,14044,18048,810 307,920280,080232,140303,060550,070204,220336,230171,6809,62017,634,721 SCRAP 52,48028,30057,50027,800166,080467,720536,420495,500480,400532,283611,580502,680484,600467,920435,680404,760498,110382,574381,469273,707156,87062,84054,0616,225,034 ELEC RECYCLING REPORT - FY 19/20 20,9805,10026,08083,10437,26037,22048,82049,44037,80039,70037,92041,70021,16028,78000342,540 SHOES/TEX 65,52068,35069,9001,243,2321,080,0871,009,1538,547,406 100,240304,010974,493893,380902,701878,450840,717824,873671,669564,957545,692441,321 OCC 70,04058,10050,4001,066,3001,082,7371,275,0601,272,6601,281,1051,508,0291,492,8261,404,8061,235,6241,708,3021,971,8831,684,7111,523,1621,552,1111,443,4611,381,1951,401,2061,759,7311,686,5871,411,9501 ,830,0001,690,0001,553,060 101,420279,960998,81533,150,206 PAPER 10,41927,59396,49494,53089,97697,25297,51599,17799,84698,47496,66655,24640,54429,28528,52627,52531,11223,14825,55324,98822,84722,90529,77546,62544,9951,234,855 8,6994,9373,538102,875 STEEL CANS 7,3455,4503,9032,62219,32047,08253,22441,00252,07740,06039,39945,08643,88442,12042,84423,47315,78311,83412,47811,41511,4379,84010,56510,36710,1779,56413,30723,58428,441548,737 CANS AL 51,23930,500174,84018,3408,400283,319430,963465,080430,435428,300407,703417,090410,338398,320378,452370,386322,928284,220200,720190,611193,224174,256146,770181,040198,519177,260184,405136,110211,1051 67,4866,009,678 PLAST 0000 372,600919,540895,600904,780913,530865,380949,1851,123,671762,810794,932600,464558,367549,527541,896413,627450,280436,615422,447402,192485,294373,106511,97814,247,821 GLASS FY 18-19FY 17-18FY 16-17FY 15-16FY 14-15FY 13-14FY 12-13FY 11-12FY 10-11FY 09-10FY 08-09FY 07-08 MONTH TO DATE TOTAL FY 06-07FY 05-06FY 04-05FY 03-04FY 02-03FY 01-02FY 00-01FY 99-00FY 98-99FY 97-98FY 96-97FY 95-96 OCTNOVMAY MAR JULSEPDEC AUGAPR FEBJUN JAN 254 CARRIED OVER NEXT MONTH 148 34344832 ESCAPED/ STOLEN 00000 KENNEL DIED AT 00000 DISPOSED FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020 12 7113 RECLAIMED 106 38192425 In the month of October - 90 dogs in and out of kennel. 5 dogs transferred to other agencies. DOG REPORT ADOPTED 144 54392130 BORN AT KENNEL 00000 CASES BITE 10102 BROUGHT IN BY ACO 111 36292323 AT KENNEL RECEIVED 118 33303619 FIRST OF MONTH ON HAND AT 179 63343448 MONTH TOTAL JULY OCTNOVMARMAY DEC AUG SEPAPR FEB JUN JAN 255 NEXT MONTH CARRIED TO 117124147486 98 ESCAPED/ STOLEN 00000 KENNEL DIED AT 15 5334 DISPOSED 249 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020 78375183 RECLAIMED In the month of October - 238 cats in and out of shelter. 11 cats transferred to other agencies. 11226 CAT REPORT ADOPTED 183 36573951 BORN AT KENNEL 2040 794 CASES BITE 21306 BROUGHT IN BY ACO 24 8556 AT KENNEL RECEIVED 136397 909081 FIRST OF MONTH ON HAND AT 117124147472 84 MONTH TOTAL JULY OCTNOVMARMAY DEC AUG SEPAPR FEB JUN JAN Shawneeland Sanitary District Advisory Committee Minutes of November 4, 2019 The meeting was called to order at 7:00pm. Those in attendance were Barry Vanmeter, Jeff Stevens, Jimmy Smith, Marianne Biviano, Jason Croasdale, Frederick County Treasurer William Orndorff, Kevin Alderman, Michelle Springer, and 20 people in the audience. Supervisor Gary Lofton were absent. Barry (acting chairman) called for approval/correction of the August 5, 2019 meeting minutes. Jason made a motion to pass the minutes as written. Jimmy seconded the motion. Motion passed unanimously. Selection for the SSDAC Chairman for 2020: Jimmy is interested in being the chairman. Marianne made a motion, Jeff seconded. The motion passed unanimously. Jimmy Smith will be the chairman for 2020. The SSDAC has 2 new members: Jimmy Smith and Jason Croasdale. The SSDAC Meeting Dates for 2020 will be: February 3, 2020, May 4, 2020, August 3, 2020, and November 2, 2020. Candidate’s running for office gave a brief statement: Shaun Graber – Back Creek Representative for the Board of Supervisors Brandon Monk – Back Creek Representative for the School Board Al Sibert – Frederick County Sheriff Jimmy Smith – Back Creek Representative for the School Board Frederick County Treasurer William Orndorff gave a presentation regarding delinquent lots: The last presentation given by the Treasurer was in 1999. There are roughly 900 improved lots and 1,875 unimproved lots in Shawneeland. Based on current numbers there is a 97.6 % collection rate of improved lots and 55% collection rate of unimproved lots. There are currently 8 improved lots eligible for tax sale and of those 2 are in the tax sale process. The process takes 18-24 months and sometimes longer. According to the Code of VA a lot must be 2 years to the anniversary date and $10,000 in arrears. The arrears are Real Estate Tax and the Sanitary District Fee. The lot value is also looked at because of the cost to have a tax sale. Since Shawneeland became a Sanitary District the total delinquency is $1.6 million and that is by statute. Someone asked about putting liens on delinquent properties. By the Code of VA, a statutory lien is automatically placed on the property the day after the due date. A tax sale cost $2,500-$4,000. It depends if the owner is a Frederick County resident or a resident of another state. The last sales were $1,700, $5,000, and $7,500. A couple we lost money on and a couple we barely got by. In that perspective, how many times do you want to spend $3,500 to get $500 in return. The Treasurer’s Office tries to work with individuals. There are 2 types of tax sales: Bill & Equity –through the court and a judge signs off on the deed and a Treasurer’s Sale – Judge does not sign off on 256 the deed. VA is a property right state. The majority of the delinquent owners are elderly, there is no contact information, or they can’t find all the heirs. The majority of the delinquent lots are unimproved. Taxes and fees must be current before any permits are issued. A lot can be transferred without paying delinquent taxes. It was asked what if someone just can’t afford the SSD fee. Is there any help to pay the fee? The Treasurer’s Office tries to work with property owner’s by offering payment plans. The Government must have a certain amount of revenue. When you look at the Maintenance Fees in Sanitary District’s in other areas they range from $25-$30 a month to $700-$800 a month or more. The work being done in Shawneeland has come a long way over the years for what you are paying. Is there a way to negotiate a reduction of the Sanitary District Fee in order to purchase a lot that has delinquent fees? Fill out an application to the Treasurer and they will review the criteria. There is a Code section for the process. The issue is to be able to get a signature for the property owner or their heirs. It is the responsibility of the interested party to locate the owners of the lot. Do not take a deed until you have worked out the tax negotiations with the Treasurer. Otherwise you have taken on their delinquent taxes. Do you have any idea of the # of properties in Shawneeland that would have a questionable title? A safe answer would be all of them. For the most part a title can, be resolved. When you say a Treasurer’s Sale do you mean a Non-Judicial Sale? Yes. A regular Judicial Sale cost $2,200-$2,300 for just the ad in the newspaper. The proration of charges is 90%- Shawneeland and 10%-Frederick County. You don’t know how the sale will go till it happens. The Treasurer likes the idea of the County having the lots conveyed to them but the problem you run into is locating the owners. Tax relief only applies to the Real Estate Tax. Manager’s Report: For clarification Shawneeland has a Reserve Fund not a Slush Fund. Over the last few weeks the Staff has been patching on Dogwood, Fir, and Wolf Spring Trail. If the weather holds out, we will continue to grader patch. We have 7 or 8 miles of mowing left and that will be completed. Once the leaves have fallen, we will start our cutting process. We will remove dead trees and do some trimming. A professional tree company will be coming on 11/20/2019 to remove 11 dead trees that our staff cannot safely take down. Please feel free to take any wood laying along the right of way. If you have any questions regarding wood on the right of way, please call the office. We have been out with the Rotary Ax on the Rubber Tire Loader. Please use caution around this piece of equipment. Do not run past the flaggers. The machine slings stuff out and could very easily go through a windshield. During the winter we will continue to address drainage issues and work on expanding some of the turn arounds on the dead-end streets. New Business: Streaming the SSDAC meeting – Jimmy Smith It was brought to our attention to use Facebook Live as an option for residents to have access to the meetings when they cannot attend. Once we get the Facebook Live going then maybe we could upload to Youtube as well. Jimmy will head up the project and have it ready by the February SSDAC meeting. 257 Open Forum: Is Red Fox on the list to have the dead end widened? Probably not due to it being tight in that area. We will look at it and maybe put some gravel down. A No Outlet or Dead-End Sign would be nice also. There is a pamphlet regarding Recycling. It is more detailed than what’s on the website. Is the contact information the same for the SSDAC? Yes, the email address is the same. There is a group called Community Cat Advocates who is eager to come into Shawneeland to trap and release the feral cats. Spay and neuter is part of the solution. Is there a reason we wouldn’t let them come in Shawneeland? Could you get the contact information for the committee? The resident will get the contact information to the SSDAC. Marianne made a motion to adjourn the meeting. Jeff seconded the motion. Motion passed unanimously. The meeting adjourned at 8:17pm. 258 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Fiscal Year 2020/2021 Budgets DATE: December 10, 2019 ______________________________________________________________________________ The following is a summary of the proposed Public Works budgets and the projected revenues for Fiscal Year 2020/2021 and the current amended Fiscal Year 2019/2020 budgets: DISCIPLINE FY 19/20FY 20/21FY 20/21 AMENDED BUDGETS PROJECTED BUDGETS (Proposed) REVENUES Inspections-3401 1,464,1131,534,4361,400,000 Building Appeals Board -8106 5615610 Animal Shelter -4305 825,255799,04283,855 Refuse Collection–4203 1,885,6851,727,159261,145 Refuse Disposal –10-4204 686,880651,360116,700 Litter Control -4205 28,55430,33313,000 Engineering -4201 424,805432,426196,130 General Fund Total 5,315,8535,175,3172,070,830 Landfill (12 fund) –4204 * 11,562,8809,634,9118,373,924 Shawneeland -8108** 1,446,5101,146,023935,940 935940 , Public Works Total Budget18,325,24315,956,25111,380,694 11,380,694 *Balance from Landfill Reserve.**Balance from Shawneeland Reserve 259 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Fiscal Year 2020/2021 Budgets Page 2 December 10, 2019 Summary of Capital Requests, New Personnel Requestsand Revenues 1.Inspections Budget 10-3401-000-000 We are requesting no new personnel during Fiscal Year 2021. e are proposing no capital requests during Fiscal Year 2021. W Our projected expenditures for Fiscal Year 2021 are $1,534,436. This is an increase of $70,323from Fiscal Year 2020. 2.Building Appeals Board10-8106-000-000 No projected changes to this budget. 3.Animal Shelter 10-4305-000-000 We are requesting a capital purchase with in the FY2021 budget. Our projected expenditures for Fiscal Year 2021are $799,042.This is adecrease of $26,213 over the current Fiscal Year 2020 budget. We need to replace an existing sport utility vehicle. We are requesting $31,000 to purchase a new 4x4 SUV. 4.Refuse Collection Budget 10-4203-000-000 Our projected expenditures for Fiscal Year 2021 are $1,727,159. This is a decreaseof $158,526 over the current Fiscal Year 2020 budget amount. 5.Refuse Disposal Budget 10-4204-000-000 We have proposed a Fiscal Year 2021 expenditure amount of $651,360. This represents a decrease of $35,520from the current Fiscal Year 2019 budget. 6.Litter Control 10-4205-000-000 We have proposed a Fiscal Year 2021 expenditure amount of $30,333. This represents an increase of $1,779from the current Fiscal Year 2020 budget. 25: 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Fiscal Year 2020/2021 Budgets Page 2 December 10, 2019 7.Engineering 10-4201-000-000 We are requesting funding for an Environmental Inspector I position. We currently have a position available in the budget, but it has not been funded for several years. Weare also requesting a capital purchase in the Fiscal Year 2021 budget. If we are approved to fund the Environmental Inspector I position we will needto purchase a new 4x4 pick up truck. We are requesting $30,000 to purchase the new truck. We have proposeda Fiscal Year 2021 expenditures of $432,426. This represents an increase of $7,621from the current Fiscal Year 2020 budget. 8.Landfill 12-4204-000-000 We have proposed a Fiscal Year 2021 expenditures of $9,634,911. This represents a decrease of $1,927,969 from the currentFiscal Year 2020 budget. 9.Shawneeland 16-8108-000-000 We are proposing no Sanitary District fee increases in Fiscal Year 2021.We have proposed a Fiscal Year 2021 expenditures of $9,634,911. This represents a decrease of $1,927,969 from the current Fiscal Year 2020 budget. 261 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Shawneeland Sanitary District Fund Mission Shawneeland has upgraded many We strive to work safely and culverts with HDEP efficiently to ensure the roads (high-density and common areas are polyethylene) pipes. effectively maintained for They have a life Shawneeland residents. expectancy of up to 100 years. What We Do •The Shawneeland Sanitary District crew maintains 104 lane miles throughout Shawneeland. •The staff maintains and repairs all SSD-owned equipment in-house The staff will be working to when possible. upgrade the turnaround areas •The staff maintains the beach area at Cherokee Lake and collects on some of the dead-end samples each week to ensure a safe swimming season for the residents. streets in Shawneeland. This •The staff grooms and maintains 40 plus acres of common area. will ensure the safety of Emergency Personnel and the Residents as well as be helpful in the snow removal process. 262 Shawneeland Sanitary District Fund Budget Summary FY2020 FY2021 FY2021 FY2019 Approved Estimated Adopted Change Actual BudgetBudget BudgetFY20 to FY21 Costs Personnel $ $511,692 $496,041 $ $ % Operating 775,523 649,982 % Capital/Leases 8,000 0 % Total 1,295,215 1,146,023 % Fees 804,300 935,940 % Local Reserves 490,915 210,083 % Local Tax Funding$0 $0 $0 $0 $0 0.00% Full-Time Positions7 7 7 7 0 0.00% FY 21 Total Budget Goals/Objectives • Continue with snow removal, upgrading of main arterial roads and maintenance $1,146,023 of existing roads. • Improve and extend the recreational areas. Notable Changes • Works with the Shawneeland Advisory Committee and subcommittees on long Personnel and mid-range plans. • A decrease in Extra Help/Overtime. Operating • A decrease in Contractual Services. Revenue • An increase in the Improved Lot Fee. Departmental Accomplishments • Staff has cut back trees and brush at intersections and on 22 miles of roadway. The staff upgraded 20 miles of ditches and shoulders on the roadways. General Excavation, Inc. replaced and upgraded 580 feet of drainage culverts, grouted 220 feet of culverts, and replaced the toe drain at the Lake Cherokee Dam. • Continued cutting dead trees along roadways to prevent trees from falling on roads and power lines. • Cross-use of equipment and manpower between Frederick County and the sanitary district continues to be an asset. • Staff continues to mow and trim the grounds to maintain the appearance the property owners have become accustomed to. Also maintained are two playgrounds, one ball diamond, Cherokee and Swan Lakes, two ponds, and two Mail Houses. • Staff monitors the level of the lake throughout the year and the area is mowed and seeded. • Staff replaced the wooden bus stops with metal sea containers. The upgraded bus stops are considered to be virtually indestructible. 263 Shawneeland Sanitary District Fund Public Works Director Sanitary District Manager Senior Motor SecretaryEquipment Operator (2) Motor Equipment Operator (2) Laborer 264 Shawneeland(16-8108) Narrative 2020-2021 Description: In 1987, the Frederick County Circuit Court ordered thata sanitary district be established for Shawneeland. The board of supervisors is responsible for all aspects of the operation of the Shawneeland Sanitary District (SSD). The SSD is financed from SSD taxes imposed only on property owners within the SSD. SSD taxes are not commingled with other funds in the county, are separately accounted for, and are used only within thesanitary district. To provide an interface between the citizens of the SSD and Frederick County a “Shawneeland Sanitary District Advisory Committee” was appointed by the Frederick County Board of Supervisors. The needsand wants of the advisory committee are directed through the SSD manager to the board of supervisors for approval. The main priority for the SSD is the maintenance of existing roads. This task has increased in scope and complexity with time because of the aging road surfaces, poor drainage, and more traffic. As Shawneeland grows, the road network is exposed to more traffic and construction vehicles. The roads were not designed or built for vehicles of such size or weight. Therefore, although new homes addto our tax base, they also have a detrimental impact on the budget until the cost of damage repair is countered by tax collection. In addition to road maintenance and snow removal, we maintain two lakes and two ponds. All are stocked with fish andtreated to reduce algae’s growth. We fabricate and install our own street name signs. We are responsible for maintaining Cherokee Lake Dam. In addition, we maintain a beach on Cherokee Lake, the golf course, a ball diamond, 2playgrounds, and picnic areas. We maintain about 40 acres ofgrass which is kept neatly groomed for the use of all property owners within the SSD. Operation and Maintenance: The daily operation of the SSD is performed under the supervision of the Frederick County Public Works Director by the following employees: One full-time Sanitary District Manager One full-time Secretary I Twofull-timeSeniorMotor Equipment Operators Twofull-time Motor Equipment Operators One full-time Laborer The operation of the SSD requires the useof several different types ofheavy equipment. The SSD currently owns: 1-770DJohn Deere Grader1-410J John Deere Backhoe1-2910 Ford Tractor 1-595 Case Tractor1-773 Bobcat1-Sakai Roller 2-GMC Dump Truck (10 ton) 1-955Caterpillar1-Freightliner Dump Truck 1-924 Caterpillar Tire Loader 3-Scagg Mowers650-John Deere Dozer Our miscellaneous equipment includes chainsaws, weed eaters, etc. Most of our equipment repairs are done in-house by full time staff. For major repairs we contract with James River, Shade Equipment, Winchester Equipment, Alban Tractor,Brian Omps Towing and Repair,etc. 1 REVISED: December 10, 2019PAGE 265 Revenue: The SSD provides a maintenance and improvement serviceto the property owners of Shawneeland. The funding used to provide this service is derived from SSD taxes. ClassificationCurrent Rate Improved$800 Unimproved$190 For Fiscal Year 2020-2021,we are projecting revenuesof $935,940.Tomaintain roadways and equipment, a supplement of $210,083from the reserve fundwill be necessary tomeet all projected expenditures. Expenditures: A budget of $1,146,023is proposed for Fiscal Year 2020-2021. A detailed listing and description of each line item are shown on the expenditure summary. However, we would like to highlight and further explain the following line items: 3002-00 Professional Services -Others Surveying and engineering costs related to road improvements and evaluation of Cherokee Dam and other capital projects. Total Professional Services -Others$2000 3004-01Repair and Maintenance -Equipment This line itemis for maintenanceservice that we cannot performin-house with our staff. Total Repair and Maintenance –Equipment $22,000 2 REVISED: December 10, 2019PAGE 266 EquipmentEngineTransmissionRearHyd.BrakesHyd. Cyl Pumpeach Backhoe 410J$17,152$7,623$7,623$3,430$1,906$1,016 Grader 770D$16,517$16,771$4,066$4,447$1,016 Ford Tractor 2910$13,340$7,623$2,351 Case Tractor 595$9,529$3,812$1,271 Sakai Roller$15,881$18,422$8,258$4,447$462 Bobcat 773$7,623$5,717$2,541 Ford CM274$4,447$3,176$1,906 Scagg Mowers$2,541$1,906$420 924 Caterpillar $19,058$11,689$8,004$3,811$2,541$1,271 3004-02 Repair and Maintenance -Vehicle This line item is for services required to maintain our current level of maintenance and repair to our aging trucks if we cannot do the required repairs in-house with our staff. Total Repair and Maintenance-Vehicle$15,000 3004-03 Repair and Maintenance –Buildings This line item covers the costs to maintain and repair all FunctionalSanitary District owned buildings. Total Repair and Maintenance -Buildings$5,000 3 REVISED: December 10, 2019PAGE 267 VehiclesEngineTransmissionRearFront Axle Hubs AssemblyAdditional Each ‘97 Ford F350$7,115$3,557$2,171$2,287$318 ‘95 Dump Tr F350$7,115$3,557$2,795$2,287$318 ’10 GMC 3500$10,395$4,043$2,888$2,426$347 ‘89 Dump Tr GMC$9,529$3,176$7,623 ’05 FreightlinerDump $11,550$5,775$6,930 Truck ‘00 Dump Tr GMC$12,070$5,336$9,148 ’03 Ford Ranger$5,198$4,043$2,310$289 ‘07 Ford F350$10,418$4,066$2,414$2,414$349 09 Dodge 2500$10,418$4,066$2,414$2,414$349 1993 Dodge$6,300$3,150$5,250$2,625$420 2015 Dodge$10,500$5,250$5,250$2,625$525 2014 Dodge$10,500$5,250$5,250$2,625$525 3004-04Repair and Maintenance: Roads To tar and chip 12.19miles of trails throughoutShawneeland. 114,629square yards @$2.70per square yard. Repair and replace drainage culverts Total Repair and Maintenance -Roads$309,499 5103-00 Water and Sewage Services This line item covers the costs associated with Aqua Source’s water availability fees for lots owned by the Sanitary Districtand annual pumping of the septic tank at maintenance office. Septic Pumpingat $300 per Year 9 Lots at $20 a lot per Year Total Water and Sewage Services$480 5302-00 Fire Insurance (Property Insurance) 4 REVISED: December 10, 2019PAGE 268 Includes property coverage for Cherokee Dam and fire insurance for the Maintenance Building, Council House, etc. Total Fire Insurance$4,500 5407-00 Repair and Maintenance Supplies This line item covers all in-house repair and maintenance supplies such as: 1.Lawn equipment-blades, bearings, gearboxes, belts, hoses, safety switches, oil filters, air filters, hydraulic filters, grease, oil gauges, lights, etc. 2.Farm tractors -belts, hoses, filters, grease, lights, etc. 3.Bush hogs -blades, spindles, gearboxes, hydraulic oil,drive line,etc. 4.Grader -cutting edges, teeth for rippers, hoses, gearboxes for the cradle, ring gaskets for controls, hydraulic oil, motor oil, filters (hydraulic, engine, transmission, fuel), lights,gauges, etc. 5.Backhoe -belts, hoses, filters (hydraulic, engine,transmission, fuel, air), teethfor rear digging bucket, cutting edge for front bucket, lights, gauges, etc. 6.Trucks -belts, hoses, spark plugs, wires, distributor caps, alternators, fuel filters, oil and air filters, brakes, fuses, etc. 7.Allsnow blade cutting edges, hoses, hydraulic pumps, hydraulic cylinders, etc. 8.Spreader boxes for ice control -engine repair, chain driverepair, clutch repair, auger repair, spindle shaft replacement, bearings, oil, grease, electrical wiring, etc. 9.Mechanic’stools -socket wrenches set, screwdrivers, etc. 10.Carpenter’s tools for building maintenance and replacement of street signs including routers, table saws, circular saws, drills, blades and bits for all, etc. Fences, cables,posts, etc. Lumber and paint for repairs to buildings. Welding rods Steel to fabricate metal repairs as needed. Cutting torches Chain saws -bars, chain, sprockets, clutches, filters. 11.Nuts, bolts, screws, lights, wire,fuses, butt-connectors, wire ties, etc. Total Repair and Maintenance Supplies$13,000 5408-00 Vehicle and Powered Equipment This line item is targeted for all necessary equipmentparts required for in-house repairs to each piece of equipment from large to small (grader,backhoe, trucks, mowers, weedeaters, etc.). Total Vehicle and Powered Equipment$17,000 3010-00-Other Contractual Services This line item is used for outsourcingcontracts such as tree removal, snow removal,Combs Wastewater, etc. An amount of$1,250has been added for theadditional Combs Wastewaterservice at the Cherokee Beach.An additional $10,000 has been added for Stormwater permits and E and S permits. Total Other Contractual Services$47,860 SHAWNEELAND MAJOR ACCOMPLISHMENTS 5 REVISED: December 10, 2019PAGE 269 2019/2020 BUDGET: During this fiscalyear, we accomplished our prime objectives. We maintained and repaired our equipment and road network with in-house forces, keeping the maintenance costs at a bareminimum. GENERAL REPAIRS: Our main objectives were to improve and maintain roadways and drainage ditches. We replaced and upgraded damaged and undersized drainage culverts. CLEARING RIGHT-OF-WAYS: Because the sanitary district islocated in a wooded area, this has been andwill continue to bean ongoing project to enhance sight distancesfor every motorist and also make the roads safer for pedestrian traffic. We have also been cutting dead trees along the roadways to prevent treesfrom falling on roadsor power lines. RESOURCE SHARING: Cross-use of equipment and manpower between Frederick County and the sanitary district continues to be an asset. MAINTENANCE OF THE COMMON GROUNDS: The maintenance staff continuesto maintain theappearance the property owners have become accustomed to. Wealso maintaintwoplaygrounds, the ball diamond, Cherokee Lake, two ponds, Swan Lake, and two Mail Houses. CHEROKEE LAKE DAM: The staff monitors the level of the lake throughout the year. The crew mowed the dam and seeded grass tokeep the dam maintained. The crew weed eats the dam fourto five times per season. VANDALISM: Street signs and school bus shelters continue to be the biggest targets for the neighborhood vandals. However, the staff continues to fabricate and replace street signs and repairschool bus stop shelters as necessary throughout the subdivision.The crew replacedthe wooden bus shelters with metal shelters for longevity and less vandalism. 6 REVISED: December 10, 2019PAGE 26: 2020/2021GOALS FOR SHAWNEELAND 1)Operate within the approved budget. 2)Maintain and improve all existing roads within the Shawneeland Sanitary District (SSD). 3)Will continue to use the equipment to complete each task as safe and cost effective as possible. 4)Maintainall common groundsand amenities within the SSD. 5)Maintain and repair all SSD-owned equipment in-house when possible to help reduce repair cost. 6)Upgrade or replace culverts throughout the SSD. 7 REVISED: December 10, 2019PAGE 271 I.Shawneeland Sanitary District The Sanitary District’s priorities are road maintenance and upkeep of common properties. Our plans for Fiscal Year 2020/2021are as follows: 1.)Roads a.)Maintain and improve approximately 50 miles of roadway; tar and chip 12.19miles of trails throughout Shawneeland b.)Improve the shoulders and side-ditches c.)Replace and upgrade culverts d.)Prune trees and foliage at intersections and right-of-ways e.)Manufacture, repair, and replace street name signs 2.)Common Properties a.)Groom and maintain 40 plus acres of common area b.)Improve and maintain Cherokee Lake c.)Maintain the ballfield d.)Maintain ponds and lakes; stock with fish e.)Maintain two mail-house complexes f.)Maintain two playgroundareas 3.)Other Items a.)Monitor water levels on Cherokee Lake and comply with state regulations b.)Maintain the emergency siphoning system at Cherokee Lake c.)Perform maintenance and repairs on all Sanitary District owned vehicles, equipment, and handtools d.)Maintain and repair allfunctionalSanitary District owned buildings 275 Page 8 276 9 Page 935,940210,0831,146,023 UDGET committees on long and 2021 FY B 8108 804,300475,8761,280,176 UDGET 2020 - FY nd sub B a) Maintenance and Repairs of existing roads. a Work with the Shawneeland Advisory Committee 707,260356,9031,064,163 BUDGET 2019 Improve and extend recreational areas. c) Upgrade main arterial roads. FY 1.Roads: Number one priority. s. b) Snow removal. :range plan Short Term Objectives SSD Reserve Fund FISCAL YEAR PLAN OBJECTIVES: REVENUES:State/Federal - mid TOTAL ees 2.3. SHAWNEELAND SANITARY DISTRICT F ) was established by the Frederick County 496,041,98201,146,023 ard of Supervisors under the authority of the Code of Virginia. By designating oard of Supervisors. An active advisory committee has been established within the sanitary district to make recommendations to the board of BUDGET this area a sanitary district, the county can levy additional taxes on the residents 2021 649 FY ired by and works for the 2021 496,653783,52301,280,176 BUDGET 2020 FY and/or landowners. The manager of the SSD is h 454,593579,57030,0001,064,163 The Shawneeland Sanitary District (SSD SSD manager. BUDGET 2019 FY supervisors through the DEPARTMENT: IPTION: Frederick County B Personnel Operating COSTS: DESCR Capital TOTAL Bo 286 Sanitary District Fee $900$800$700$600$500$400$300$200$100 $0 2021 Unimproved Lot Fee 2020 2019 2018 Shawneeland Sanitary District 2017 Improved Lot Fee Fiscal Year 2016 Unimproved $180$180 $180 $180 $180 0 0 $190$190 $190$190 99 2015 $1$1 Lot Fee 2014 Reserve Fund Balance Improved 0 530 $530 $530 $530 560560 $560$560 $660800 $45 2013 Lot Fee $$ $$ 2012 2,050,685.632,100,633.75 2,280,834.982,179,095.32 2,317,140.21 1,976,207.522,088,778.05 $2,022,976.04$1,574,028.13 $1,036,943.35 Reserve Fund 2011 TBD Balance $500,000.00$0.00 $2,500,000.00$2,000,000.00$1,500,000.00$1,000,000.00 $$$$$$$ Fiscal Year 20112012 20132014 2015 20162017 20182019 20202021 Reserve Fund Balance Attendance Record Shawneeland Sanitary District Advisory Committee \[42\] January - December 9 999 1 111 0 000 2 222/ /// 4 465/ /// 1 NAME258#% 1 XXX Jimmy Smith 1375.0% XXXX Barry Vanmeter 24100.0% XXX Marianne Biviano 3375.0% XXX Jeff Stevens 4375.0% X Jason Croasdale 5125.0% 600.0% 00.0% 00.0% 00.0% # in Attendance:2435000000000000000 287 288 289 28: 291 292 293 294 295 296 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday, December 13, 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 107 North Kent Street on Friday, December 13, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Beth Lewin; and Bob Wells Staff present: Michael Marciano, Human Resources Director; Manager; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; and Patricia Lowery, Assistant Court Services Director. Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Non-Discrimination/Non-Harassment Policy (Exhibit A). Mr. McCarthy moved to approve the policy and Ms. Lewin seconded the motion. The committee recommends approval, 5 in favor & 0 against. 2.The Human Resources Department presented a nomination for Employee of the Month for Shelia Harden (Exhibit B). Ms. Lewin moved to approve the policy and Mr. McCarthy seconded the motion. The committee recommends approval of Sheila Harden the January 2020 Employee of the Month, 5 in favor & 0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Dorrie Greene Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources 297 Exhibit A Non-Discrimination/Non-Harassment Policy Considered at December 13, 2019 HR Committee Meeting 298 Non-Discrimination/Non-Harassment Policy For Consideration at the December 13, 2019 HR Committee Meeting Attached is a redlined version that tracks the edits that were made to the version that was before the HR Committee on November 8, 2019. The specific changes that follow in the revised policy are as follows: Reworked the first paragraph to accomplish thereference to an addendum from HR. Prepared the addendum. Removed and added commas in various places, for more accuracy (first, second, and last harassment bullet points, first sentence of Reporting Obligations, and first sentence of Individuals and Conduct Covered). Added an “or” in the second harassment bullet point. Reworded the first sentence following the bullet points in Harassment.This is in an effort to avoid ambiguity about what constitutes “a certain level of seriousness”.This is the only change beside those discussed by the Committee that is other than a purely technical change. Changed “core values” to “professional expectations for its employees”. Reworded Reporting Obligations to make clear that an employee may also go to the HR Director in lieu of supervisor or department head. 299 XX.NON-DISCRIMINATION/NON-HARASSMENT Frederick County is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment.Frederick County prohibits discrimination, including harassment, on any illegal basis. The types of prohibited discrimination and/or harassment can be subject to change under the law. The addendum to this policy identifies the current forms of prohibited discrimination and harassment. The Human Resources Department will update the addendum as necessary consistent with changes in the law.In keeping with this commitment, discrimination or harassment on the basis of race, color, religion, sex, national origin, pregnancy, childbirth, medical conditionsrelatedto pregnancy or childbirth,age, marital status, disability, military service,veteran status, genetic information(such as information that could be used to determine an employee’s risk for disease), or any other protected class under applicable law is prohibited.Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. Harassment For purposes of this policy, harassment includes verbal or physical conduct that denigratesor shows hostility toward an individual or conduct that creates an intimidating, hostile, oroffensive working environment for an individual because of the individual’s protectedclass. Such conduct may include, but is not necessarily limited to, slurs, epithets,threats, derogatory comments or visual depictions, unwelcome jokes and teasing,stereotyping, insulting or obscene comments or gestures, display or circulation in theworkplace of written or graphic material that denigrates or shows hostility toward the individual or group, or other verbal or physical actions relating to anindividual’s protected class. Because there is often confusion related to the meaning of sexual harassment, it deservesadditional clarification. Sexual harassment includes any unwelcome sexual conduct(including sexual advances, requestsfor sexual favors, and other verbal and physicalconduct of a sexual nature) when (1) submission to the conduct is an explicit or implicitterm or condition of employment, (2) submission to or rejection of the conduct is used asthe basis for an employment decision affecting the individual, or (3) the conduct has thepurpose or effect of unreasonably interfering with an individual’s work performance, orcreating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: Unwanted or unwelcome physical contact or conduct of any kind, including, patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, or sexually suggestive, insulting,or graphic comments, noises, or sounds; 29: Sexually explicit, suggestive,or offensive jokes; Demeaning, insulting, intimidating, or sexually suggestive comments about an individual’s dress, body, appearance, or personal life; The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures; and Demeaning, insulting, intimidating, or sexually suggestive written, recorded,or electronically transmitted messages. To violate the law, harassment must reach a certain level of seriousness in terms of its nature, repetitionbe serious in nature, be repeated, and/or have an impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County’s core valuesprofessional expectations for its employees.Thus, Frederick County may take action to address offensive behavior orstatements based on a person’s protected classeven if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to,or has witnessed,any kind of harassing behavior,as described in this policy,should immediately notify his or her supervisor,or Department Head. In addition,if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department Head, including but not limited to instances in which the supervisor or Department Head is engaging inor allowingthe harassment, an employee may always instead opt to notify or the Director ofHuman Resources.A supervisor who becomes aware of any harassment, or who receivesallegations of harassment from any employee, must immediately advise the Director ofHuman Resources. Investigation All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue.Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, FrederickCounty may take corrective action, including such discipline as is appropriate, up to andincluding immediate termination of the employee. Retaliation Prohibited Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination.If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered 2:1 This policy prohibits harassment, discrimination,and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplaceand in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events. 2:2 Addendum to the Non-Discrimination/Non-Harassment Policy Discussed at the December 13, 2019 HR Committee Meeting The HR Committee is not being asked to adopt the Addendum to the Non- Discrimination/Non-Harassment Policy.It is being provided for informational purposes. As the law in this area changes, it is envisioned that staff may updatethe Addendum without having to go back to the HR Committee for approval. 2:3 ADDENDUM REGARDING NON-DISCRIMINATION/NON-HARASSMENT Issued by Human Resources Department, January 2020 In keeping with Frederick County’s commitmentto a work environment in which all individuals are treated with respect and dignity, discrimination and/or harassment on the followingbasesis prohibited: race color religion sex national origin pregnancy, childbirth, medical conditions related to pregnancy or childbirth age marital status disability military service veteran status genetic information (such as information that could be used to determine an employee’s risk for disease). 2:4 Exhibit B Employee of the Month Nomination of Shelia Harden (submitted November 7, 2019) 2:5 2:6 2:7 2:8 COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax:540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: January 2, 2020 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. JANUARY 2020 Social Services Board Patricia Riley –Stonewall District Representative 101 Barrel Way,Stephenson, VA 22656 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 (Mr. Monk iseligible and willing to serve another term.) 2:9 Memorandum –Board of Supervisors January 2, 2020 Page 2 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 (Mr. Unger does not wish to serve another 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 (Mr. Manuel is eligible and willing to serve another term.) FEBRUARY 2020 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.) 2:: Memorandum –Board of Supervisors January 2, 2020 Page 3 VACANCIES/OTHER Frederick Water Christopher E. Collins 105 Whistler Court,Winchester, VA 22602 Term Expires: 04/15/22 Four-year term (Mr. Collins resignedeffective 12/31/19.See attached application of Henry “Hank” Sliwinski.) Shenandoah Area Agency on Aging (AAA) Vacant unexpired term–Frederick County Representative Term Expires: 09/30/22 Four-year term (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. Membersmay only serve two terms.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester 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.) 311 312 313 REZONING APPLICATION #04-19 PERRY PROPERTIES, LLC. Staff Report for the Board of Supervisors Prepared: December 19, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director Transportation Reviewed Action Planning Commission: 12/04/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/08/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone6.18+/- acres from the M1 (Light Industrial) District without proffers to the B2 (General Business) District with proffers. This site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and is within the Sewer and Water Service Area. The Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, The Planning Commission did not identify any the requested commercial may be acceptable. concerns with the request and recommended approval of the application at their December 4, 2019 meeting. The proffers associated with this rezoning request are as follows: Proffer Statement Dated October 17, 2019: A)Transportation Improvements 1.The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of-way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2.The Owner proffers to construct a full access commercial entrance on Constitution Drive that is 314 generally located at Location B on the attached Perry Properties Transportation Improvements Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 2 Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3.The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4.The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5.The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right-in/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6.The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right-of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non-appealable rezoning approval by Frederick County. 7.The astern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated phalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five-foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 315 8.llwood Pike right-of-way between Location A and Location C on the attached Perry Properties Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 3 Transportation Improvements Exhibit dated October 17, 201 asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9.The improvements to the Millwood Pike/Constitution Drive intersection were based on a VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The Owner proffers to utilize current ITE Trip Generation Manual projections for the identified land use on each Site Plan within the B-2 District portion of the Property to determine when the cumulative traffic volume of development projects exceed 3,000 VPD. The Owner proffers to submit traffic studies as a component of all Site Plans within the B-2 District portion of the Property when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property. The Owner will be responsible for the construction of improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property identified in the traffic study for each Site Plan prior to the issuance of a certificate of occupancy permit for each Site Plan. 10.The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.01D(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. Monetary Contributions B) The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 316 Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 4 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/04/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-158 PROPERTY ZONING : M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial/Vacant South: B2 (General Business) Use: Commercial East: M1 (Light Industrial) B2 (General Business) Use: Commercial/Industrial West: B2 (General Business) Use: Commercial 317 Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 5 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see email from Arthur Boyce, VDOT-Land Development Engineer dated October 10, 2019. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated August 14, 2019. Frederick County Department of Public Works: We offer no comments at this time. A comprehensive review of the site plan will occur when submitted in the future. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: Proffer is in acceptable legal form. Planning & Zoning: 1)Site History The original Frederick County Zoning Map (U.S.G.S. Winchester and Stephenson Quadrangles) depicts the zoning for the parcel as M1 (Light Industrial). 2)Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Senseny/Eastern Urban Area Plan provides guidance on the future development of the property. The property is located within the SWSA. The Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is 318 bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 6 Transportation The Eastern Road Plan calls for a New Major Collector roadway, which has now been constructed, along the eastern boundary of this property. In addition, the Eastern Road Plan and the MPO Long Range Plan call for the widening of Route 50 to 6 lanes along the frontage of this property. Both roadways are key in the long-range transportation vision for this area of Frederick County. The Applicant is accommodating these roadways through the proffer of right-of-way to allow for the Route 50 widening and an additional widening proffer for Constitution Drive that will allow that facility to have full width lanes that were not available with the previous right-of-way restrictions. The Applicant is also establishing an entrance along Constitution Drive that will allow for inter-parcel access to property not currently proposed for rezoning along that roadway and a right-in/right-out entrance along Route 50 that meets access management standards set by VDOT. The access management standards are an important goal noted in the Senseny/Eastern Frederick Urban Area Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/04/19 MEETING: Staff report the application is to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. Staff then provided an overview of the proffers offered with the rezoning with improvements to Constitution Drive and Millwood Pike. Commissioner Manuel requested clarification, of the letter dated August 14, 2019 from Frederick Water stating the Westview Pump Station would need upgrades. Staff replied this will be address at the site plan stage. Mr. Evan Wyatt of Greenway Engineering, LLC., representing the Applicant came forward. Mr. Wyatt stressed that Applicant, VDOT and Greenway Engineering worked to present acceptable proffers to the County. Mr. Wyatt reiterated the Westview Pump Station will be address at the site plan stage. There were no public comments during the public hearing and the Planning Commission recommended approval of the rezoning application. A motion was made, seconded and unanimously passed to recommend approval of the Rezoning #04-19 for Perry Properties, LLC. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 319 LILAC LN193 BRIMSTONE LN REZ # 04 - 19: Perry Properties, LLC 1835 MILLWOOD PIKE PIN: 64 - A - 158 306 SULPHUR Rezoning from M1 to B2 1923 SPRING RD MILLWOOD Zoning Map PIKE 164 BRIMSTONE LN 1921 215 1931 245 MILLWOOD BRIMSTONE LN MILLWOOD BRIMSTONE LN PIKE PIKE 253 BRIMSTONE LN 140 261 ARBOR CT BRIMSTONE LN 275 BRIMSTONE LN 119 ARBOR CT J I C LTD. Subdivision 441 VICTORY RD £ ¤ REZ #04-19 50 64 A 158 411 VICTORY RD 140 INDEPENDENCE DR WESTVIEW BUSINESS CENTRE Subdivision 368 VICTORY RD 140 INDEPENDENCE DR 200 CONSTITUTION DR S UL PH U R S P RIN G R D 212 100 INDEPENDENCE DR MYERSONS DR 141 SECURITY DR £ ¤ Application 50 Parcels µ Future Rt 37 Bypass B2 (General Business District) M1 (Light Industrial District) 31: Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0220440880Feet Map Created: October 29, 2019 LILAC LN193 BRIMSTONE LN REZ # 04 - 19: Perry Properties, LLC 1835 MILLWOOD PIKE PIN: 64 - A - 158 306 SULPHUR Rezoning from M1 to B2 1923 SPRING RD MILLWOOD Location Map PIKE 164 BRIMSTONE LN 1921 215 1931 245 MILLWOOD BRIMSTONE LN MILLWOOD BRIMSTONE LN PIKE PIKE 253 BRIMSTONE LN 140 261 ARBOR CT BRIMSTONE LN 275 BRIMSTONE LN 119 ARBOR CT J I C LTD. Subdivision 441 VICTORY RD £ ¤ REZ #04-19 50 64 A 158 411 VICTORY RD 140 INDEPENDENCE DR WESTVIEW BUSINESS CENTRE Subdivision 368 VICTORY RD 140 INDEPENDENCE DR 200 CONSTITUTION DR S UL PH U R S P RIN G R D 212 100 INDEPENDENCE DR MYERSONS DR 141 SECURITY DR £ ¤ 50 µ Application Parcels Future Rt 37 Bypass 321 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0220440880Feet Map Created: October 29, 2019 MILLWOOD PIKE18131813 MILLWOOD 336 MILLWOOD REZ # 04 - 19: Perry Properties, LLC 147 PIKE SULPHUR SPRING RD PIKE LILAC LN 1809 174 PIN: 64 - A - 158 MILLWOOD PIKE LILAC LN 150 1815 LILAC LN Rezoning from M1 to B2 MILLWOOD 142 1828 PIKE LILAC LN MILLWOOD130 Long Range Land Use Map PIKE LILAC LN 306193 1825 SULPHURBRIMSTONE LN MILLWOOD GOVERNORS SPRING RD PIKE 1835 HILL MILLWOOD Subdivision PIKE 164 BRIMSTONE LN 1923 1652 1830 MILLWOOD MILLWOOD MILLWOOD PIKE PIKE PIKE 1931 215 MILLWOOD BRIMSTONE LN 1921 PIKE 245 MILLWOOD BRIMSTONE LN PIKE 140 ARBOR CT 253 261 BRIMSTONE LN 182 BRIMSTONE LN ARBOR CT 275 BRIMSTONE LN 119 220 ARBOR CT ARBOR CT 441 REZ #04-19 VICTORY RD J I C LTD. Application Subdivision 64 A 158 Parcels 411 Future Rt 37 Bypass VICTORY RD Long Range Land Use 351 VICTORY RD Residential Neighborhood Village 321 Urban Center ARBOR CT Mobile Home Community Business 140 Highway Commercial INDEPENDENCE DR 368 331 Mixed-Use VICTORY RD VICTORY RD Mixed Use Commercial/Office Mixed Use Industrial/Office 140 344 Industrial INDEPENDENCE DR VICTORY RD Warehouse 200 287 320 CONSTITUTION DR Heavy Industrial VICTORY RD WESTVIEW VICTORY RD 310 Extractive Mining BUSINESS CENTRE VICTORY RD Subdivision Commercial Rec 296 212 VICTORY RD Rural Community Center INDEPENDENCE DR 100 280 Fire & Rescue MYERSONS DR VICTORY RD Sensitive Natural Areas 322 Institutional £ ¤ INDEPENDENCE DR 50 250 Planned Unit Development 320 INDEPENDENCE DR Park INDEPENDENCE DR Recreation School S UL PH U R S P RIN G R D Employment 120 SECURITY Airport Support Area DRIVE 131 B2 / B3 141 220 CARPERS SECURITY DR VICTORY RD Residential, 4 u/a VALLEY RD 285 High-Density Residential, 6 u/a INDEPENDENCE DR High-Density Residential, 12-16 u/a £ ¤ 291 50 Rural Area 143 INDEPENDENCE DR CARPERS Interstate Buffer µ Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources 322 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 03006001,200Feet Map Created: October 29, 2019 323 324 325 326 327 328 ORDINANCE Action: PLANNING COMMISSION: December 4, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-19 PERRY PROPERTIES, LLC WHEREASREZONING #04-19, PERRY PROPERTIES, LLC, , was submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers, with a final revision date of October 17, 2019. The subject property is located at the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District, and is identified by Property Identification No. 64-A-158; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 4, 2019 and recommended approval; and WHEREAS , the Board of Supervisors held a public hearing on this rezoning on January 8, 2020; and WHEREAS , the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 17, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 8 day of January 2020 by the following th recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST __________________________ Kris C. Tierney Frederick County Administrator PDRes. #01-20 32: 331 332 333 334 335 336 337 338 339 33: 341 342 343 344 345 346 347 348 349 34: 351 352 353 354 355 356 357 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment Public Utilities including utility-scale solar power generating facilities Public Hearing DATE: December 20, 2019 th At their November 13 public hearing, the Board of Supervisors directed Staff to amend the proposed ordinance amendment to further specify -scale solar power generating conditional use in the RA Zoning District, and not allow this use by- right. As a result of this change in the use allowance, the item was sent back to the Planning Commission for a new public hearing. This is a proposed amendment to Chapter 165 Zoning Ordinance to provide: 1.A -scale solar power generating facilities; 2.- consistent with the Code of Virginia; 3.Additional regulations for specific uses that requires utility-scale solar generating 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; and 4.-scale solar power generating conditional use in the RA (Rural Areas) Zoning District. The above changes to the additional regulations for specific uses section does not affect current public utilities, including water/sewer treatment and distribution facilities. The only change from th what was previously considered by the Planning Commission on October 16 -scale solar power generating Zoning District. The General Assembly amended the Code of Virginia (§15.2-22.41.2) to include decommissioning of solar energy facilities effective July 1, 2019. Previously, the County Attorney and Staff 358 provided a determination that was shared with the Board of Supervisors on July 2018, stating that utility-scale solar power generating facilities would qualif-facility and would otherwise be allowed by-(Rural Areas) Zoning District (and other zoning districts where public utilities are permitted by-right). In that determination, it was noted that the Board could restrict the use to a conditional use permit. This item was proposed by the County Attorney and Staff and discussed by the DRRC at their ththnd June 27, July 25, and August 22 regular meetings. The DRRC agreed with the proposed nd changes from August 22, and the item was forwarded to the Planning Commission for discussion. th The Planning Commission discussed this item on September 4 and the Board of Supervisors th discussed this item on September 25. During their discussion, the Board directed Staff to also - and the item was sent forward, with requested amendments, for public hearing. The Planning th Commission held a public hearing on the public utilities ordinance amendment on October 16 and recommended the item go forward to the Board of Supervisors for approval. However, at their th November 13 public hearing, the Board of Supervisors directed Staff to amend the proposed -scale solar power generating conditional use in the RA Zoning District. th The Planning Commission held a public hearing on December 18. No members of the public spoke on the proposed item. Several Planning Commissioners expressed concern with requiring utility-scale solar power generating facilities as a conditional use noting that the intensity of the use may be less impactful than other by-right uses in the RA (Rural Areas) Zoning District (i.e. other public utilities such as electric substations and power generating facilities), the investment made to establish solar facilities and the potential for revocation of a conditional use permit (CUP), and in creating additional conditional uses in general. Planning Commissioners Mohn and Morrison expressed support for making utility-scale solar power generating facilities a conditional use, citing notification to the public and seeking public input through the CUP process as important in hearing from the Community about such facilities. The Planning Commission voted 9-2-2 (Commissioners Mohn & Morrison No; Commissioners Thomas & Unger Absent) to send the item forward to the Board of Supervisors with a recommendation of denial. 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 §15.2-2241.2 3.Memo to the Board of Supervisors, July 26, 2018 4.Resolution MTK/pd 359 Revised 11/27/19 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. Decommissioning The removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the County to be subject to § 15.2-2232 of the Code of Virginia and therefore subject to § 15.2-2241.2 of the Code of Virginia. "Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices. Public Utilities Power generating facilities, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities (including utility-scale solar power generating facilities), and sewer and water treatment facilities including sewer and water transmission lines. Such facilities may be owned by public utilities, public agencies, those operators with a Certificate of Public Convenience, or those that are operating under a Permit by Rule (PBR). Utility-Scale Solar Power Generating Facilities Any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight. Any such facility primarily designed or intended to offset personal energy consumption by the owner of the facility does not constitute a utility-scale solar power generating facility. 35: Revised 11/27/19 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.26. Public Utilities 1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick Water County Sanitation Authority for public utility purposes shall be as follows: A. In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. B. Such lots shall be exempt from the individual on-site sewage disposal system requirements. C. Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width. 2. Utility-Scale Solar Power Generating Facilities. A. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia. B. For Utility-Scale Solar Power Generating Facilities a site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use. 361 Revised 11/27/19 ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District § 165-401.02. Permitted Uses Q. Public utility generating, booster, or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities, and lines owned by public facilities, railroad companies or public agencies. Public Utilities except Utility-Scale Solar Power Generating Facilities §165-401.03. Conditional Uses CC. Utility-Scale Solar Power Generating Facilities Part 402 RP Residential Performance District § 165-402.02. Permitted Uses B. Structures and land shall be used for one of the following uses: (6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes, and meters. Public Utilities excluding energy generating facilities. Part 403 MH1 Mobile Home Community District § 165-403.02. Permitted Uses H. Public utilities including poles, lines, distribution transformers, pipes and meters, water and sewer facilities and lines. Public Utilities excluding energy generating facilities. 362 Revised 11/27/19 ARTICLE V Planned Development Districts Part 502 R5 Residential Recreational Community District §165-502.04. Permitted uses. P. Public sewer and water facilities and lines. Public Utilities excluding energy generating facilities. 363 Revised 11/27/19 ARTICLE VI Business and Industrial Districts Part 602 B1 Neighborhood Business District §165-602.02. Allowed Uses. Public utility distribution facility Public Utilities excluding energy generating facilities. Part 603 B2 General Business District §165-603.02. Allowed Uses. Public utility distribution facility Public Utilities excluding energy generating facilities. Part 604 B3 Industrial Transition District §165-604.02. Allowed Uses. Public utility distribution facility Public Utilities Part 606 M1 Light Industrial District §165-606.02. Allowed Uses. Public utility distribution facility Public Utilities Part 608 EM Extractive Manufacturing District 165-608.02. Permitted Uses. § K. Public utilities, including poles, lines, distribution transformers, pipes, meters, and sewer facilities. Public Utilities. Part 609 HE Higher Education District §165-609.02. Permitted uses. B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and meters. Public Utilities excluding energy generating facilities. 364 CHAPTER 743 An Act to amend the Code of Virginia by adding a section numbered , relating to rezoning and site plan 15.2-2241.2 approval; decommissioning solar energy equipment, facilities, or devices. \[H 2621\] Approved March 21, 2019 Be it enacted by the General Assembly of Virginia: 15.2-2241.2 1. That the Code of Virginia is amended by adding a section numbered as follows: §. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices. 15.2-2241.2 A. As used in this section, unless the context requires a different meaning: "Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the locality to be subject to § and therefore subject to this section. 15.2-2232 "Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices. "Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight. B. As part of the local legislative approval process or as a condition of approval of a site plan, any locality shall an owner, lessee, or developer of real property subject to this section to enter into a written agreement to require decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party that enters into such written agreement with the locality defaults in the obligation to decommission such equipment, facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of the record title owner of such property without further consent of such owner and to engage in decommissioning and (ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor. 365 CHAPTER 744 An Act to amend the Code of Virginia by adding a section numbered , relating to rezoning and site plan 15.2-2241.2 approval; decommissioning solar energy equipment, facilities, or devices. \[S 1091\] Approved March 21, 2019 Be it enacted by the General Assembly of Virginia: 15.2-2241.2 1. That the Code of Virginia is amended by adding a section numbered as follows: §. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices. 15.2-2241.2 A. As used in this section, unless the context requires a different meaning: "Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the locality to be subject to § and therefore subject to this section. 15.2-2232 "Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices. "Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight. B. As part of the local legislative approval process or as a condition of approval of a site plan, a locality shall require an owner, lessee, or developer of real property subject to this section to enter into a written agreement to decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party that enters into such written agreement with the locality defaults in the obligation to decommission such equipment, facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of the record title owner of such property without further consent of such owner and to engage in decommissioning, and (ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor. 366 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors CC: Kris C. Tierney, County Administrator Roderick B. Williams, County Attorney Mike T. Ruddy, AICP, Director of Planning & Development Mark R. Cheran, Zoning Administrator FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Solar (Photovoltaic) Energy Facilities Text Amendment Update DATE: July 26, 2018 This is an update to the proposed text amendment to Chapter 165 Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms)to the permitted use list for the RA (Rural Areas) Zoning District. This item was previously discussed by the Board of Supervisors on ththth January 10, February 14 and April 11. Following our last discussion, the Board of Supervisors had directed S supplemental use regulations to address abandonment on the facility and return of the land to its pre-development state. At the time of the presentation to the Board, the premise of the draft text amendment, as supported by the Development Review and Regulations Committee (DRRC), and previously discussed by the Planning Commission, was that because solar farms are typically privately-owned Since the Board discussion in April, the County Attorney and the Planning and Development Staff have met and determined that solar (photovoltaic) energy facilities would appear to qualify as facilities and would otherwise today be allowed by- RA Zoning District. The Zoning Ordinance currently permits a by-right use in the RA Zoning lines, and towers, pipes, meters, and other facilities, railroad facilities, and sewer and water facilities and lines owned - 401.02(Q)). of the facility; most electricity generating facilities in the United States are have the meaning ascribed to such word, term or phrase in the most recent addition of Merriam- unless, in the opinion of the Zoning Administrator, established customs or practices in Frederick 367 -2- County, Virginia justify a different - concep are publicly traded and therefore does not exclude from its reach solar farms owned by non- publicly traded entities. Within the Code of Virginia §56-1, nothing in the definition of public service companies suggests a distinction between the types of companies that operate solar farms and the types of companies that operate other types of electricity generation facilities. State law specifically regulates solar facilities as it does other electricity generating facilities, regardless of the nature of ownership, by requiring the operator to seek a certificate of public convenience and necessity from the State Corporation Commission (SCC) (§56-265.2). The County would recognize a solar energy facility as a public utility under this interpretation. This determination would not preclude the Board of Supervisors in the future from further regulating solar (photovoltaic) energy facilities as allowed under the Code of Virginia or excluding them all from the current allowance in §165-401.02(Q). Staff notes that possible supplementary regulations as previously discussed, such as a requirement for removal of the facilities upon abandonment of use would place them in a category currently unique to telecommunications towers. As well, any requirement for a bond securing the removal of an abandoned facility might be sufficient economic disincentive as to preclude any use of the opportunity that would be enabled by the ordinance generally. Staff directly with any questions or comments. Unless otherwise directed by the Board of Supervisors, Staff will proceed with the above interpretation to allow solar energy facilities (i.e. solar farms), by right, under the present allowance for public utilities in the RA Zoning District. MTK/pd 368 ORDINANCE AMENDMENT ______________________________ Action: PLANNING COMMISSION: October 16, 2019 Public Hearing Held; Recommended Approval December 18, 2019 Public Hearing Held; Recommended Denial BOARD OF SUPERVISORS: November 13, 2019 Public Hearing Held; Directed Staff to Amend the Proposed Ordinance Amendment January 8, 2020 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS §165-101.02. DEFINITIONS AND WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.26. PUBLIC UTILITIES ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.02. PERMITTED USES §165-401.03. CONDITIONAL USES PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.02. PERMITTED USES PART 403 MH1 MOBILE HOME COMMUNITY DISTRICT §165-403.02. PERMITTED USES ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 502 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT §165-502.04. PERMITTED USES ARTICLE VI BUSINESS AND INDUSTRIAL DISTRICTS PART 602 B1 NEIGHBORHOOD BUSINESS DISTRICT §165-602.02. ALLOWED USES 369 1 PDRES #18-19 PART 603 B2 GENERAL BUSINESS DISTRICT §165-603.02. ALLOWED USES PART 604 B3 INDUSTRIAL TRANSITION DISTRICT §165-604.02. ALLOWED USES PART 606 M1 LIGHT INDUSTRIAL DISTRICT §165-606.02. ALLOWED USES PART 608 EM EXTRACTIVE MANUFACTURING DISTRICT §165-608.02. PERMITTED USES PART 609 HE HIGHER EDUCATION DISTRICT §165-609.02. PERMITTED USES WHEREAS, an ordinance to amend Chapter 165, Zoning to include a definition for Public Utilities that includes utility-scale solar power generating facilities, a definition for utility-scale solar power generating facilities, and a definition for decommissioning; and WHEREAS, the proposed ordinance to amend Chapter 165, Zoning to include additional supplemental use requirements for utility-scale solar power generating facility decommissioning and site plan requirements were considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on October 16, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on November 13, 2019 and directed Staff to amend the proposed ordinance amendment to include utility-scale solar power generating facilities as a conditional use in the RA Zoning District; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment, as amended by the Board of Supervisors, on December 18, 2019 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 8, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED Chapter by the Frederick County Board of Supervisors that 165 Zoning, is amended to include a definition for Public Utilities that includes utility-scale solar power generating facilities and solar power generating facility decommissioning requirements and includes utility-solar power generating facilities as a conditional use in the RA Zoning District. Passed this 8th day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Blaine P. Dunn Gene E. Fisher Robert W. Wells A COPY ATTEST Judith McCann-Slaughter _____________________ Kris C. Tierney 36: Frederick County Administrator 2 PDRES #18-19 371 REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: December 27, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/08/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff is supportive of this request for a minor proffer modification to the GDP and text. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 18, 2019 meeting. Following the public meeting, a decision rezoning this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 372 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING : B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant 373 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: The Applicant shall design and construct all roads on the subject property consistent with the Countys adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Boards Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange approval dated December 17, 2009, and according to uniform standards We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOTs comment, the Applicant has referenced the Commonwealth Transportation Boards Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1)Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 2)Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. 374 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 4 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. Following the public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 375 448 REZ # 06 - 19: Winchester Medical Center, Inc. THWAITE LN 925 956 ECHO LN 343 POORHOUSE RD PIN: 53 - A - 68 MARGARET LN 925 ECHO LN Rezoning from B2 to MS Zoning Map 377 ECHO LN 377 ECHO LN REZ #06-19 ¬ « 37 2106 NORTHWESTERN 53 A 68 PIKE WINCHESTER MEDICAL CENTER Subdivision 501 501 WALMART DR WALMART DR Winchester 174 194 BOTANICAL 230 ECHO LN BLVD CROCK 501 WELLS MILL WALMART DR 150 CROCK 300 WELLS MILL 180MARRIOT 2054 DRIVE CROCK WELLS NORTHWESTERN £ ¤ MILL 50 PIKE 2131 2035 LN ET GAR MAR NORTHWESTERN 2051 NORTHWESTERN 2161 PIKE NORTHWESTERNPIKE NORTHWESTERN 1983 PIKE PIKE 113 NORTHWESTERN 107 STONEWALL DR PIKE WARD 409 1954 AVE 1997 WESTSIDE KATHY CT 122 NORTHWESTERN 419 STATION 108 WARD PIKE WESTSIDE 121 STONEWALL DR 416 1961 AVE STATION 2093WARD AVE WESTSIDE Round Hill ¬ « KATHY CT ¬ « NORTHWESTERN 37 301 125 427 STATION 37 PIKE 134 COLIN CT WARD AVE WESTSIDE MILLER WARD AVE 219135307 STATION 200432 Application 304 165 ROUND HILL RDWARDCOLIN CT STECK WARD AVEWESTSIDE COLIN CT WARD Parcels AVE µ B2 (General Business District) MS (Medical Support District) RP (Residential Performance District) 376 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04559101,820Feet Map Created: October 29, 2019 448 REZ # 06 - 19: Winchester Medical Center, Inc. THWAITE LN 925 956 ECHO LN 343 POORHOUSE RD PIN: 53 - A - 68 MARGARET LN 925 ECHO LN Rezoning from B2 to MS Location Map 377 ECHO LN 377 ECHO LN REZ #06-19 ¬ « 37 2106 NORTHWESTERN 53 A 68 PIKE WINCHESTER MEDICAL CENTER Subdivision 501 501 WALMART DR WALMART DR Winchester 174 194 BOTANICAL 230 ECHO LN BLVD CROCK 501 WELLS MILL WALMART DR 150 CROCK 300 WELLS MILL 180MARRIOT 2054 DRIVE CROCK WELLS NORTHWESTERN £ ¤ MILL 50 PIKE 2131 2035 LN ET GAR MAR NORTHWESTERN 2051 NORTHWESTERN 2161 PIKE NORTHWESTERNPIKE NORTHWESTERN 1983 PIKE PIKE 113 NORTHWESTERN 107 STONEWALL DR PIKE WARD 409 1954 AVE 1997 WESTSIDE KATHY CT 122 NORTHWESTERN 419 STATION 108 WARD PIKE WESTSIDE 121 STONEWALL DR 416 1961 AVE STATION 2093WARD AVE WESTSIDE Round Hill ¬ « KATHY CT ¬ « NORTHWESTERN 37 301 125 427 STATION 37 PIKE 134 COLIN CT WARD AVE WESTSIDE MILLER WARD AVE 219135307 STATION 200432 304 165 ROUND HILL RDWARDCOLIN CT STECK WARD AVEWESTSIDE COLIN CT WARD AVE µ Application Parcels 377 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04559101,820Feet Map Created: October 29, 2019 448 REZ # 06 - 19: Winchester Medical Center, Inc. THWAITE LN 925 ECHO LN PIN: 53 - A - 68 925 Rezoning from B2 to MS 956 ECHO LN POORHOUSE RD Long Range Land Use Map 400 CLOCKTOWER RIDGE 377 ECHO LN 377 ECHO LN 400 CLOCKTOWER RIDGE Application REZ #06-19 2106 Parcels NORTHWESTERN Long Range Land Use 53 A 68 PIKE Residential Neighborhood Village Urban Center ¬ « Mobile Home Community 37 WINCHESTER 2178 MEDICAL CENTER Business NORTHWESTERN Subdivision PIKE Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office 501 501 WALMART DR Industrial WALMART DR 174 Warehouse Winchester 194 BOTANICAL 230 Heavy Industrial ECHO LN BLVD 501 CROCK Extractive Mining WALMART DR WELLS MILL Commercial Rec 110 180 Rural Community Center CROCK 150 CROCK 300 WELLS MILL Fire & Rescue CROCK WELLS MILL MARRIOT 2054 WELLS MILL DRIVE Sensitive Natural Areas NORTHWESTERN£ ¤ 50 PIKE Institutional 2275 Planned Unit Development NORTHWESTERN 2255 2161 PIKE Park NORTHWESTERN NORTHWESTERN2131 LN ET 2051 GAR MAR PIKE PIKE NORTHWESTERN Recreation NORTHWESTERN PIKE 2035 PIKE School 137 NORTHWESTERN 113 ROUND HILL RD Employment PIKE 1983 STONEWALL DR 409 113 Airport Support Area NORTHWESTERN 1954 108 WESTSIDE WARD AVE PIKE 183 KATHY CT 104STONEWALL DR 122 116 STATION B2 / B3 419 ROUND STONEWALL DR WARD STONEWALL DR WESTSIDE 121 Residential, 4 u/a 112 1997 HILL RD AVE 2093STATION WARD AVE STONEWALL DR NORTHWESTERN1953 Round Hill ¬ « High-Density Residential, 6 u/a 420 NORTHWESTERN ¬ 132301« 37 125427 PIKE KATHY CT 37 PIKEWESTSIDE WARDCOLIN CT WARD AVEWESTSIDE High-Density Residential, 12-16 u/a 219 200 STATION AVE 307 STATION ROUND 365 135 136 304 WARD AVE Rural Area 165 COLIN CT HILL RD ROCK WARD AVE WARD AVE COLIN CT WARD Interstate Buffer µ Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources 378 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04509001,800Feet Map Created: October 29, 2019 379 37: 381 382 383 384 ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-19 WINCHESTER MEDICAL CENTER, INC. WHEREASREZONING #06-19, Winchester Medical Center, Inc., , was submitted by Valley Engineering, PLC to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District; minor text revisions are also proposed to reflect the updated internal street network within the development with a final revision date of October 17, 2019. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A-68; and WHEREAS, the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS , the Board of Supervisors discussed this rezoning at their January 8, 2020 meeting; and WHEREAS , the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to remove the uses shown on the approved proffered GDP to allow for potential alternative development. The Applicant will remove proffer 3 from the landscape design features which required a landscaped roundabout; this feature was removed, and the internal road system has already been constructed; with a final revision date of October 17, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 8 day of January 2020 by the following th recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST __________________________ Kris C. Tierney Frederick County Administrator 385 PDRes. #01-20 386 387 388 389 38: 391 392 393 394 395 396 397 398 399 39: 3:1 3:2 3:3 3:4 3:5 3:6 3:7 3:8 3:9