Loading...
HomeMy WebLinkAboutDecember 11 2019 Regular Meeting Minutes154 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 11, 2019 7.00 P.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; 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 7:00 p.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, the agenda was adopted on a voice vote. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia CITIZENS COMMENTS The following persons, referencing the statewide second amendment sanctua movement, spoke in favor of the Consent Agenda item Resolution Addressing the Second Amendment: Dave LaRock, Delegate, 33rd House District 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 Minute Book 45 Board of Supervisors Regular Meeting of December 11, 1019 County of Frederick, Virginia 156 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 by Supervisor Wells, the consent agenda was adopted on a roll call vote as follows; Blaine P. Dunn Aye Shawnee Seat (Vacant) Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Absent Judith McCann -Slaughter Aye - 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 192019 - 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 a Minute Book 45 Board of Supervisors Regular Meeting of December l!, 1019 County of Frederick, Virginia 157 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 Gravenstein Court 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; rements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ++f+++++.*.*.. - 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 WIIEREAS, 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 Minute Book 95 Board o f Supervisors Regular Meeting o f December 11, 2019 County of Frederick, Virginia 158 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-1 C; • Lot 1, Sublot D in Lakeside Subdivision, "fax 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 1 134; 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 Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 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 V93EREAS, 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 RESOLVED by 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. . + . + + + . + + + + t + + 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. Minute Book 45 Board o f Supervisors Regular Meeting o f December 11, 2019 County of Frederick, Virginia 160 COUNTY OFFICIALS: COMMITTEE APPOINTMENTS LLOYD WINTERS APPOINTED TO BOARD OF BUILDING CODE APPEALS - APPROVED On motion of Supervisor Wells, seconded by Supervisor Slaughter, Lloyd Winters was appointed on a voice vote to a vacant five-year term, ending 12-11-2024, on the 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 Shawneeland Sanitary 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 was reappointed on a voice vote to a five-year term ending 12-31-2024 as Gainesboro District Representative on the Board of Zoning Appeals, RAYMOND CROSS, OPEQUON DISTRICT REPRESENTATIVE, AND ROSE MCDONALD, GAINSEBORO DISTRICT REPRESENTATIVE, REAPPOINTED TO EXTENSION 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 Extension Leadership Council. On motion of Supervisor McCarthy, seconded by Supervisor Slaughter, Rose Minute Book 45 Board of Supervisors Regufar Meeting of December 11, 2019 County of Frederick, Virginia 161 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. RONALD MADAGAN, OPEQUON DISTRICT REPRESENTATIVE, AND NATALIE 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 was reappointed on a voice vote to a four-year term ending 2-13-2024 as Gainesboro District Representative on the Parks and Recreation Commission. KEVIN KENNY, GAINESBORO DISTRICT REPRESENTATIVE, AND WILLIAM 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 term ending 1-26-2024 as 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 term ending 2-12-2024 as 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 Winchester and appointed Gwen Borders -Walker as Non -Profit Sector Representative to a three-year term on the Winchester -Frederick Tourism Board. ......+.+++... Minute Book 4S Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 162 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 recommended by 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 seconded the motion which carried on a voice vote, . + t + + + + f * .. + + + 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; : PARAGRAPH D. TWELVE MONTH PERMITS - County Administrator Tierney provided background information on the annually requested permit, Kristin Laise, Executive Director of Belle Grove 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 Belle Grove Plantation, Supervisor Wells seconded the motion which carried on a voice vote. .......... +. ++ Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 163 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 11 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 zoning districts by -right in order to enable better internet service to underserved areas of the County (such as Shawneeland). Further, he said, the proposed changes codify changes to the Code of Virginia, which created 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 a locality 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 of a wireless facility on an existing structure to be sited administratively, and also revamps the rules for larger projects, or "standard process projects" which would continue to be permitted through the County'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 conform with 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. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 164 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 plan to improve internet availability needs to be worked 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 towers over 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 public hearing. 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. Dunn Aye Shawnee Seat (Vacant) Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Absent Judith McCann -Slaughter Aye 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 11 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 Minute Book 45 Board of Supervisors !Regular Meeting of December 11, 2019 County of Frederick, Virginia Furairiii WHEREAS, an ordinance to amend Chapter 165, Zoning to enable smaller commercial telecommunication facilities in certain zoning districts by-rggbt in order to enable better internet service to undersmed areas of the County; and WHEREAS, the proposed changes codify changes to the Code of Virginia, which created a two -track process for approval of telecommunication facilities: • Defined small scale facilities as "administrative review -eligible projects" that a locality must permit in any zoning district, without the requirement of a Conditional Use Permit, enabling "small cell facilities", structures under 50-feet (FT) in height, or co -location of a wireless facility on an existing structure to be sited administratively, • 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 l 1, 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, COMMERCIAL st el siruclure, including ggtowers, 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, Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County o f Frederick, Virginia 166 . [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 asset out in Vir inia Code Section 15.2-2316.3 unless the context requires a different meaning, B. Administrative review -eligible proiects. 1. Notwithstandinz 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 .� 15.2-2316.41; 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; (H) not located within the boundaries of a local, state, or federal historic district: and (iii) designed to support small cell facilities [Va. Code S$15.2-2316.3 & 15.2- 2316.4:1(A)1; 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 & 15.2-2316,4:10A 2. Any person seeking to install a facility or structure identified in paragraph 1 of this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $100 each for up to five facilities or structures on the same application and $50 each for each additional facility or structure on the same application. [Va. Code ¢' 15.2-2316.4(B)(2)l The application shall be subiect to consideration as follows: a. The Zoning Administrator shall approve or disc rove the a lication within 60 days of receipt of the complete application. Within 10 days after receipt of an Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia In application and a valid electronic mail address for the applicant, the Zoning Administrator shall noLifk the a licant by electronic mail whether the application is incom fete and s ecify any missing information; otherwise the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the Zoning Administrator in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the Zoning Administrator Lails to act within the initial 60 da s or an extended 30 da period [Va. Code $15.2-2316.4(B)(1)l b. The Zonina Administrator shall only deny appLoyal or the facilityor structure on account of (I) material potential interference with other pre-existing communications facilities or with Luture communications facilities that have already been desikned 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. fVa. Code $15.2-2316.4(B}1)l c. The applicant may voluntarily submit, and the Zoning Administrator may„accept, conditions that address potential visual or aesthetic effects resulting, from the placement, pursuant to this subsection, ofa facility or structure. [Va. Code .$ 15.2-2316.4(B) (5)1 C. Standard process proiects. I. 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 ofArticle I of this Chapter. The issuance ofa conditional use permit for the siting, construction, and operation of wireless facility is permitted within the zoning districts specified in this Chanter, 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 ro enles of significant historic value are not ne ativel tm acted'✓+ based on current intro to County Code & 165-204.191 2. Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by Payment „oLa fee of $7,000. [Va. Code .$15.2-2316.4:1(B)(2) ("the tee shall not exceed the actual direct Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia •6 costs to process the application, including permits and inspection ")l The application shall be subiect to consideration as follows and include the indicated information: a. The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorterperiod as -required by federal law, unless the applicant and the Board agree to a lower period for approval or disc roval of the application, Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete andspecify any missing information, otherwise, the application shall be deemed complete. [Va. Code .$ 15.2- 2316.4:1(C)i Information to be included with application: i. A map depicting the search area used in siting the proposed facility or structure La. Code $15.2-2316.4.20; based on current 165- 204.119(A)(2)1, ii. Identirication of all service providers and commercial telecommunications facility infrastructure within the search area [Va. Code .$15.2-23I6.4:2(D); based on current 165-204.19(A)(3)l; 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 freauency radiation (based on current 165-204.19(A)(4)I; v. An affidavit si ned hy the landowner and by the owner of the LqciLor structure statinz 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 165-204.191A2(51 & and vi. The applicant may voluntarily submit and the Board maE accept, conditions that address potential visual or aesthetic effects resulting from the placement ofthe facility or structure. [Va. Code k 15.2-2316.4:2LCj 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 adioining 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 oLthe tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederic!, Virginia nt or wireless support structure is designed, and will be constructed, in a manner that if the wireless f4eility or wireless supRort structure collapsed the wireless LacjgU 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 wirelessfacillty or wireless support structure. In no case shall the setback distance be reduced to less than 112 the distance of the height of the wireless facility or wireless support structure. b. Monopole -type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice -type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. c. No more than two sign__s 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. When likhtinz is required for a wireless facility or wireless support ort 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 o erated in con'unetion with the wireless facility or wireless support structure shall utilize infrared likhtin-g and motion -detector li htin to prevent continuous illumination. e. Every wireless facility and wireless support structure shall be constructed with materials of a galvaniZed finish or be o a non-contrastin blue or ff-raV 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 opaaue screening shall be provided to ensure that Minute Book 45 Board of Supervisors Regular Meeting of December 1 1, 2019 County of Frederick, Virginia 170 esuipment huildi'n,.gs and other accessory structures are not visible from adloinL 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 Su ervisors denies a conditional use Vermit under this subsection the Board shall. a. Provide applicant with a written statement of the reasons for the denial [Va. Code .$15.2-2316.4:1(E)(I)1; h. 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 suhstantial record evidence in a written record publicly released within 30 days of denial fVa. Code .$15.2-2316.4:1(F)(2)]. D. Maintenance of existing facilities and/or structures and replacement of existinfacilities and/or structures within a 6-foot perimeter with suhstantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this seetion. 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 OL 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 De artment of Planninz and Development. 1 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 ¢ 15.2-231 6.4(B) (6); based on current County Code I65-204.19 B 7 Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia m Minute Book 45 Board of Supervisors Regular Meeting of December 11, 1019 County of Frederick, Virginia 172 ARTICLE VI Business and Industrial Zoning Districts Part 605 OM Office -Manufacturing Park District § 165-605.02. Permitted uses. Permitted Uses Standard Industrial Classification (SIC) Communication facilities and offices, including telephone, 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. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 173 +++........... 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 McCarthy noted 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 [nterstate 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 § l 65-204.19 — 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 corrunercial 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 1 ] , 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 Cormnission 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. Minute Book 45 Board of Supervisors Regular Meeting of December i f, 2019 County of Frederick, Virginia 174 ...........++* Supervisor Slaughter 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 H , 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 8 t ; 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 pen -nit filing fees, in order to address wireless access issues east of Interstate 81, and hold a public hearing regarding the same. ..... + + + + + + f + + 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 Minute !look 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 17b 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 Special event 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 closed the public hearing. 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. Dunn Aye Shawnee Seat (Vacant) Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Absent Judith McCann -Slaughter Aye 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 Minute Book 45 Board of Supervisors Regular Meeting of December 1 1, 2019 County of Frederick, Virginia 176 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 pares 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 l 65-203.01 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 1 1, 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, TBEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE 11 - 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 11 Supplementary Use Regulations; Paging; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.18, Storage facilities, self-service. F. Self -storage facilities shall meet the following landscaping or screening requirements: 1) Facilities located in the B-2 Business General District shall be have all overhead doors and Ioadrn arnas completely screened by a double Minute Book 45 Board of Supervisors Regular Meeting of December 11, 1019 County of Frederick, Virginia 177 row of evergreen trees that are staggered and planted a maximum of et�gdtt twelve feet off center and are a minimum of sik-fourfeet 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 adjacent to pyb& s&wts and residenees to provide for a double row of evergreen trees that are staggered and planted a maximum of 0.4 ik twelve feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of fourfeet 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 OF trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of dx fourfeet in height at the time of planting. 4) &0 is betReem— —A Liao 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 solid boil fim of windows or doors: isnot rngrx024 to be screened ARTICLE 11 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 133 (Industrial Transition), M 1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit. The facilities shall not be located adjacwt to residential uses. These lots shall meet the following conditions: A. All areas utilized for the parking of tractor trucks and the storage of trailers gWA4glZutilizc a gravel orpayad 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, orunlicensed trailers or shall be parked or stored on the site. T D. Fuel sales shall not be permitted. Minute Book 4S Board of Supervisors Regular Meeting of December 11, 20J 9 County of Frederick, Virginia E. Maintenance of trucks and trailers shall not be permitted. F. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are 94ggered and !anted amz mum of twelve feet on center. m tt^ w dwa 90The 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; Parldng, 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 bugdiw review and approval by the Building Official. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust -free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Minute Book 45 Board of Supervisors Reguior Meeting of December 11, 2019 County of Frederick, Virginia 179 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 20 feet for two-way traffic, 20feetfor fire lanes, 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 Nance Types of Landscaping Permitted s r a; Editor'sNote: BradfordPears and allyarieites ofomamenWdoweringpears amprohibited from boW used to fulfill planftn,a orsubstrhrteppkq rngrequireraents 2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia o 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 :twe I.25-inch caliper at the time of planting. c) Only single -stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three -gallon container at the time of planting. In addition to the three -gallon container requirement, parking lot h. ead-46tscreening shrubs shall be a minimum of 36 inches in height at time of planting (unless topygnph allows a reduedou to matt 42& 36'from pavemout to top ofshn2b), 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 geateF tha four feet on center. e) OpAy trees hai4ng a matffe hei& of less than 20 fi�et shall be located und efhe a utility hires. Trees sh W not be pnL= ed within easements for water, sewer, electric, orgas, 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, stormwatermanWqm�en sideway gp& etc. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 181 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. _Acdw - - 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 am easement at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the anew 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 twol.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:, orau additional twomwsofev &cm&atarvArfeettallatdmeof lau ' . 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, landscWcdateas, 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) Whenever land is to be developed iv the Bl, BZ, B3, OM, Ml orAD Zoning District that is adjacent to a state mad with a ri t-of-wa wi& a dffi=aWAwcdqnaI classjM!aiion ofinknoM arterial or collector as qppmvedb ibe VhPeparftnentofT rtatio district buffers shall not be n2m!.'ed along the mad. Minute Book 45 Board o f Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 182 3) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-203,02D(1)(a) may be reduced, provided that the full screening requirements of this section are met. 4) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan axe allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. 5) The Zoning Administrator tray 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, Ml or M2 Zoning District 49MAPAgge- Gen&W 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, Fine 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 ,Minute Book 45 Board of Supervisors Regufar Meeting of December 11, 2019 County of 1"rederick, Virginia CITIZEN COMMENTS Lynette Embry, Shawnee District, thanked her father, Vice Chairman Lofton for his 92 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 Supervisor Graber 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 height of amateur (Ham) radio towers 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's willingness 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 citizens had been well represented. Supervisor Slaughter said she had the pleasure of serving on several committees with Vice Chairman Lofton and appreciated his working for 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 citizens of Frederick County had benefited from the honest debate and service of the whole Board. He thanked and praised the Frederick County staff for its knowledge and skills. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was adjourned at 10:26 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Minutes Prepared By: Kris C. Tierney Clerk, Board of Supervisors Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick Virginia T _ I 185 Board of Supervisors Meeting Minutes of December 11, 2019 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, November 8, 2019 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, November 8, 2019 at 9:00 a.m. ATTFN ❑FFS Committee Members Present: Blaine Dunn, Chairman; Don Butler; Dorrie Green; Doug McCarthy; and Bob Wells. Committee Member Absent: Beth Lewin Staff Present: Michael Marciano, Human Resources Director; DeLois Blevins, Human Resources Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Lenny Millholland, Sheriff; Steve Hawkins, Major; Tonya Kittoe, Lieutenant; and Delsie Jobe, Administrative Service Manager. Others Present: Josh Janney, Winchester Star ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Workers' Compensation (Exhibit A). The intent of this policy change is to assist individuals injured on the job who do not have enough leave to cover their loss in wages. Furthermore, the HR Committee discussed that this policy modification would help the County remain competitive as we try to recruit and retain employees. Specifically, the proposed policy provides compensation protections for 90 consecutive days beginning with the day of injury that was incurred while performing the essential duties of his or her job at Frederick County. Such a modification will provide a level of financial assurance that leave without pay will not have to be endured during this initial period of time. Under this policy change, Workers' Compensation will pay for 66.67% in weekly wages and Frederick County will pay 33.33% during the 90 consecutive days once an injury occurs on the job. The new policy will also allow employees on Workers' Compensation leave to continue to accrue Paid Time Off (PTO) leave. The committee recommends approval, 3 in favor & 1 against. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS 1. The Non-Discrimination/Nan-Harassment policy was discussed, and Staff will modify the policy based upon the discussion and bring it back for further consideration at the December 13, 2019 HR Committee meeting. 2. The HR Committee entered into a closed session pursuant to Virginia Code § 2.2-3711(A)(1) for consideration of nominees for Employee of the Year. The award recipient will be recognized by the County Administrator at the Holiday Party on December 13, 2019. The Board of Supervisors will then recognize the employee at its first meeting in January 2020, Minute Book 45 Board of Supervisors Regular Meeting of December It, 1019 County of Frederick, Virginia f• Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Do3rrie Greene Beth Lewin Doug McCarthy Robert (Bob) Wells By Michael Marciano, Director of Human Resources Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia Board of Supervisors Meeting Minutes of December 11, 2019 - Appendix 2 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday December 11, 2019 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept, Date: November 20, 2019 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on November 19, 2019. Members present were: Guss Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald Madagan, Randy Carter, and Chris Fordney. ITEMS RQUIRI_NG ACTION BY BOARD OF SUPERVISORS: 1. The Buildings and Grounds Committee made a motion to seek resolution of intent to accept the open space parcel adjacent to the Bowman Library property and currently owned by the Lakeside HOA, seconded by Mr. Longerbeam, carried unanimously (8-0). (See Attachments). ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Appeal/Youth Sports Partner Committee approved the 2020 YSP Agreements with FCALL, FCNLL, and Blue Ridge United. 2, The Finance Committee made a motion to utilize $28,000 of the School Grounds Maintenance Equipment Fund (SGMEF) for the purchase of a VenTrac Tractor/Mower, seconded by Mr. Longerbeam, carried unanimously (8-0). This item will be forwarded to the FC Finance Committee for recommendation. 3. The Commission recommends accepting the attached Fees and Charges. 4. The Commission recommended the FY 2021 Operating and Capital Budget as presented. The Operating budget includes three new positions and staffing requests has been submitted. The requests for new positions and staff changes will be forwarded to the Human Resources Committee for their recommendation. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 45 Board of Supervisors Regular Meeting of December i i, 2019 County of Frederick, Virginia Board of Supervisors Meeting Minutes of December 11, 2019 - Appendix 3 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday November 21, 2019 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann -Slaughter, Helen Lake and Chuck Torpy. Committee member Blain Dunn was not present. Staff present: Assist Fire & Rescue Chief Steve Majchrzak, Deputy County Administrator Jay Tibbs, Deputy Chief/Fire Marshal Mark Showers, Director of Communications LeeAnna Pyles, County Attorney Rod Williams, Fire Chief Denny Linaburg, Volunteer Fire & Rescue President Dan Cunningham, Sheriff Lenny Millholland and Major Steve Hawkins, ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. Resolution of support for Traffic Incident Management Legislation see attached): Jay Tibbs presented a request from the Loudoun County Board of Supervisors seeking a resolution of support concerning the safety and response times on highways of VDOT TIM (traffic incident management) vehicles which will be presented to the General Assembly in 2020, Under the proposal the TIM safety vehicles, which currently have amber flashing lights and no sirens, would be equipped with red and white flashing lights and a siren in order to enhance their response times to incidents and require drivers to move over/slow as they do for police and fire personnel with emergency lights on. Chuck Torpy made a motion of support of Loudoun County's resolution and to forward the proposal to the Board of Supervisors to adapt a similar resolution of support. Mr. Cunningham seconded the motion. The Committee unanimously approved the motion. ITEMS FOR INFORMATION ONLY: 1. Communications, Fire & Rescue, Sheriffs Office presented a brief outline of their FY21 bud et requests see attached): Communications Director LeeAnna Pyles began the FY21 budget presentations by stating that her department's major budget request is $123,000 to finish the upgrade, already in progress, to complete the NG9-1-1 compatibility project. The State has funded the first half of the project, and the money requested would be utilized to upgrade the existing consoles. Minute Book 45 Board of Supervisors Regular Meeting of December It, 2019 County of Frederick, Virginia 189 I Sheriff Millholland requested a significant budget increase for FY21. Many items requested by the Sheriff are over $10,000 and range from refunding 11 positions to 46 new vehicles, a new dive team boat, new drone, radios, video equipment and miscellaneous vehicles. Chief Linaburg presented his departments FY21 budget request to the Public Safety Committee. Operationally, he is requesting 16 additional personnel, vehicle replacement, miscellaneous equipment and approximately 100 radios at $9095 a piece ($909,500). The Fire & Rescue Association is requesting an increase in fuel assistance, fire donations from the County, insurance on apparatus and a revolving loan fund of $2 million. This loan would be used to purchase new equipment and the companies would pay the County back at a lower interest rate. 2. Communications study update: Director Pyles updated the Public Safety Committee on the communications study. MCP completed the radio system assessment along with a WV Siren system analysis. They presented their findings to the Communications Committee and it was voted on to move to the Board of Supervisors, where last week it was voted on unanimously to proceed to the RFP stage. 3. Chapter 89 discussion: Assistant Chief Steve Majchrzak addressed Chapter 89. The volunteers and career staff have been working positively on fully integrating the document to reflect both of their needs. Assistant Chief Majehrzak anticipates more work to be done and by late December or early January to present a cohesive product to the Public Safety Committee for discussion. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Judy McCann -Slaughter Helen Lake Walt Cunningham Minute Book 4S Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia 190 Board of Supervisors Meeting Minutes of December 11, 2019 - Appendix 4 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, November 25, 2019 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann - Slaughter (Voting), Gary Oates (Voting), James Racey (Voting) and Lewis Boyer (Liaison Stephens City).. Committee Members Absent Mark Davis (Liaison Middletown) Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None. ITEMS FOR INFORMATION ONLY: 1-Capital Improvement Plan -Update: Staff gave a brief overview of the Capital Improvement Plan (CIP) that is updated each year. The CIP outlines key capital funding priorities from among the different County Departments and Agencies. Staff has recommended the following changes to the 2019-2024 CIP Transportation section. 1. Removal of Sulphur Springs Road because the project is under construction. 2. Addition of the Exit 313 Bridge replacement and capacity improvements to the funded list. 3. Addition of the Route 11 widening and intersection improvements from Opecluon Church Lane to the Winchester City limits to the unfunded list. 4. Updated the road name for Crossover Boulevard from Tevis and Airport Extension, 5. Adjust the wording for Exit 317 interchange from ramp alignment to interchange improvements to allow greater SmartScale flexibility. 6. Addition of spot improvements to the Route 7 corridor to allow for potential SmartScale projects that are being identified in the STARS study that is currently underway for that area. 7. With the exception of Route 37, adjust the rankings on the unscheduled list to place all improvements to existing facilities above construction of new facilities. The Committee discussed the changes to the 2019-2024 CIP, as well as, the 2020-2025 unfunded priorities list with item #6 Papermill Road; right turn lane extension at Route 522 as being completed. Staff will remove that item from the funded priorities list. Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia In Upon a motion by, Supervisor McCann -Slaughter and seconded by Gary Oates, the Committee recommended to forward the changes to the 2019-2024 CIP Transportation section to the Board of Supervisors for recommendation of approval. 2-Cedar Hill Road Truck Restriction: Staff discussed the Cedar Hill Road truck restriction with the Committee which had been reviewed at the July 2019 meeting. At that meeting, Staff was directed to monitor the situation and bring the item back later. To date, with the exception of a report of a resident that was unhappy that the item had not been recommended for approval at the July 2019 meeting, Staff, VDOT and the Sheriff's Department has received no further contacts or reports of incidents on the roadway. Staff is in receipt of a citizen request through Supervisor McCann -Slaughter. After discussion, there was a motion by Supervisor McCann - Slaughter to forward the item to the Board to request a VDOT truck restriction, however the motion died for lack of a second. 3-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge: The construction continues to go well and if the weather doesn't create a delay, the bridge beams are expected to be set in early January. Renaissance Drive: The 60% design has been reached and Staff is coordinating with CSX and VDOT to get the plan reviewed. Northern Y: No updates at this time. 5-Upcoming Agenda Items: SmartScale (ongoing discussion and development) and the MPO Study progress. TBD: Oakdale Crossing Traffic Calming Study. Staff will be following up with VDOT for a status report. Other: Minute Book 45 Board of Supervisors Regular Meeting of December 11, 2019 County of Frederick, Virginia ESP WABSTRACT of Board of Supervisors Meeting Minutes of December 11, 2019 - Appendix 5 Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member Senate of Virginia District 027 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Jill H. Vogel Republican 17183 Ronnie J. Ross Ili - Democratic 7807 Total Write-in votes [From Write -Ins Certifications] 211 [Valid Write-ins InvalidWrite ins ns Total Write In Votes] Total Number of Overvotes for Office j 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member Senate of Virginia. Given under our hands this [ day of 'e 'f , aid k_ Chairman , Vice Chairman , Secretary , A g.Secretary ABSTRACTOfVOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member House of Delegates District: 010 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) J. Randall "Randy" Minchew Republican 2953= Wendy W. Gooditis - Democratic _ 1422 !Total Write -In votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write—ins = Total Write In Votes] Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Delegates. 9this day of Chairman , Vice Chairman , Secretary , A ng Secretary 194 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member House of Delegates District: 029 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Christopher E. Collins - Republican 104851 Irina B. Khanin - Democratic 4365! Total Write-in votes (From Write-ins Certifications] Ti [Valid Write-ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 31 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the electio n held. on November 05, 2019, do hereby certify ertiN that the above Is a true and correct Abstract of Votes cast at said election for the Member House of Delegates. Given under our hands this I � day of6 y-el—W6 r-1 _20A 9 Chairman �71 Vice Chairman &7 Secretary jjctbg Secretary °r Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member House of Delegates District: 033 NAMES OF CANDIDATES ON THE BALLOT _.......... ....__— Dave A. LaRock - Republican Mavis B. Taintor _ Democratic Total Write -In. votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write-ins = Total Write In Votes] Total Number of Overvotes for Office TOTAL. VOTES RECEIVED (IN FIGURES) 35191 _. 2086 i 4! -{F We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Delegates. Given under our hands this day ofr a� 4 , Chairman , Vice Chairman , Secretary ,Aethg Secretary 196 CT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Commissioner of Revenue NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Seth T Thatcher 20939� �Total Write-in votes [From Write -Ins Certifications] 4591 Ii [Valid Write -Ins + Invalid Write ins = Total Write In Votes] !Total Number of Overvotes for Office 0I We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following persons) has received the greatest number of votes cast for the Commissioner of Revenue. Seth T. Thatcher } this day of Chairman , Vice Chairman , Secretary , A009 Secretary ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ross P, Spicer 20 9 891 ITotal Write-in votes [From Write-ins Certifications] E 27 Valid Write -Ins + Invalid Write ins = Total Write In Votes] ITotal Number of Overvotes for Office 3�1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Commonwealth's Attorney. r'\ Given under our hands this "A_ day of _y_V\\t �un_ ,, k� , Chairman , Vice Chairman , Secretary , Secretary 198 ABSTRACT&VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Sheriff NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) L. W. "Lenny" Millholland 14099 E. Allen Sibert 10401 Total Write-in votes [From Write-ins Certifications] E 43 [Valid Write-ins + Invalid Write—ins = Total Write In Votes] Total Number of Overvotes for Office .... ... . .. ....... .. ..... . ..... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herbyc'ertify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following pe0son(s) has received the greatest number of votes cast for the Sheriff. L. W. "Lenny" MIllhollarij Given und er our hands this day of OtJe A e _ 9_9 ABSTRACT&VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Treasurer NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (Ilia FIGURES) 'C. William Orndoff Jr 21787; , 'Total Write -In votes [From Write-ins Certifications] 293 [Valid Write -Ins + Invalid Write ins = Total Write In Votes] l Number off Ove rvotes for Office 0° Tota We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Treasurer. Given under our hands this day of X 9 ml e r d t q , Chairman , Vice Chairman , Secretary Aetmg Secretary ark � z 4 co(/ 200 ABSTRAC, Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Chairman Board of Supervisors NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Charles S. DeHaven, Jr 14892, 'John J Lamanna 8506' Jotal Write-in votes [From Write -Ins Certifications] gg °[Valid Write-ins + invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cleric of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Chairman Board of Supervisors. Charles S. DeHaven Jr. fit 1 ! 1 Ui, 0� , Chairman , Vice Chairman , Secretary , Aug Secretary r Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member Board of Supervisors District: BACK CREEK DISTRICT NAMES OF CANDIDATES ON THE BALLOT Shawn L. Graber A. S. "Steve" Jennings Total Write In votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write ins = Total Write In Votesj Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) ..._..._.__.._ .._ _ _ 2351 1531 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following persons) has received the greatest number of votes cast for the Member Board of Supervisors. Shawn I_. Graber Given under our hands this ? A _ day of „i-er, �.._...._.�? _- _-- Chairman Vice Chairman Secretary ,fig Secretary 202 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member Board of Supervisors District: GAINESBORO DISTRICT NAMES OF CANDIDATE'S ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) J. Douglas McCarthyA� — i 2794 Heidi K. David Young i 1441 !Total Write -In votes [From Write -Ins Certifications] I 11 [Valid Write -Ins + Invalid Write ins = Total Write In Votes] (Total Number of Overvotes for Office ; Q We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors. J. Douglas McCarthy Given under our hands this i' 7� day of A1ove&4&_r- D! Chairman , Vice Chairman , Secretary ,-Adig Secretary 4 Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, i 11111111, ;;� III III �llil ,,,l 11 !DL- 11, -fill I.FrrArl Distil OPEQUON DIStRICT NAMES OF CA NDIDA TES ON THE BALLOT Robert W. "Bob" Wells Total Write-in votes [From Write-ins Certifications] [Valid Write-ins + Invalid Write—ins = Total Write In Votes] ,Total Number of Overvotes for Office ......... .. TOTAL VOTES RECEIVED (IN FIGURES) 3640 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person'(s) has received the greatest number of votes cast for the Member Board of Supervisors. Given under our hands this — *�'. -/-/, Chairman , Vice Chairman , Secretary rAet4ig Secretary 204 ABSTRACTf VO TES C)T'E Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member School Board At Large NAMES OF CANDIDATES ON THE BALLOT EBrian J. Hester ;David D. 8tegmaier �Total Write -In votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write —Ins = Total Write In Votes) j....-.o'-_.,...-.,. _...- _".ter..-..w..... _._. .............s.._..... TTotal Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a'true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board At Large. B_ rign�M , ,tr Given under our hands this 14 day of o"Q A 9 , Chairman , Vice Chairman , Secretary , A010o Secretary A 205 Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member School Board District: SACK CREEK DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURE'S) >Brandon H. Monk T 190$ 'James G. "Jimmy" Smith ; 1820 t Total Write -In votes [From Write-ins Certifications] 11 [Valid Write -Ins f Invalid Write—ins = Total Write In Votes) i Total Number of Overvotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a: true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board. Brandon H. MQnk Given under our hands this day of_��— 4l E^. Chairman Vice Chairman Secretary -, AM 'Secretary 206 ABSTRACT, of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member School Board District: GAIN ESSORO'DISTRICT NAME'S OF CANDIDATE'S ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Mich11 ael A Lake ! 2099 Susan E. Shick [ 1969 Total Write -In votes [From Write -Ins Certifications] i 16 I[Valid Write-ins + Invalid Write—ins = Total Write In Votes] I I Total Number of Overvotes for Office 01 We, the undersigned Electoral Board, upon examination of the official records deposited with the -Clerk of the Circuit Court of the election held on November 05, 2019, do Derby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board. Given under our hands this Midbael A La! d day of YnVern �1—. - , . , 61 i 24n D_"" Chairman Vice Chairman oInNow/-,Secretary A�/�= mtrrTSecretary erK-�., 241 Cast in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member School Board District: OPEQUON DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Bradley A Comstock 2329` Bryan L, Nuri 1590'k Total Write-in votes From Write -Ins Certifications] I [Valid Write -Ins + Invalid Write. ins = Total Write In Votes] 18f Total Number of Overvotes for Office 0 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of.the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board. ra 1. A st Given under our hands this S�' 7�4 _ day of Al, l!,,— , A14 , Chairman , Vice Chairman , Secretary , AGURg Secretary 2®8 ABSTRACT of VOTES Cast in 1=REDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Soil and Water Conservation Director Lord Fairfax District NAMES OF CANDIDATES ON THE BALLOT J. Kermit Gaither Kitty Hockman-Nicholas_w�,.___.__., .-....�.._. _ _..�.....�,..� .... _._.___� .. . Marietta Caiher Walls.. ,�-.:....._,..._.__..,�::.w _......_._.�...__,_. .a Total Write -In votes [From Write-ins Certifications] [Valid Write Ins + invalid Write—ins =Total Write In Votes) Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 10876'I 9120j 9020 2341 141 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Soil and Water Conservation Director Lord Fairfax District. 1. J. Kgfmlt it 2. Kitty Hockman-Nicholas Givers under our hands this day of C9 e C, , Chairman , Vice Chairman , Secretary , Aqg Secretary 209 Cast in the Town of STEPHENS CITY in FREDERICK COUNTY, VIRGINIA at the 2019 November General Election held on November 05, 2019 for, Member Town Council - Special District; STEPHENS CITY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) ;Christine D. "Tina" Steve_.__._--- °'Steven M. Ha eIc 'Total Write -In votes [From Write -Ins Certifications] [Valid Write -Ins + Invalid Write-ins = Total Write In Votes) ITotal Number of Overvotes for Office OI We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 05, 2019, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member Town Council - Special. Christine D. "Tina" Steve this day of -A% ve � L01- 2 a /1 Chairman Vice Chairman oy B� , Secretary ,eta Secretary ntr+i e G 0ay