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January 8 2020 Regular Meeting Minutes214 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 8, 2020 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gene E. Fisher; Shawn L. Graber; Blaine P. Dunn; Judith McCann -Slaughter; J. Douglas McCarthy; and Robert W. Wells, Vice Chairman were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner; John Bishop, Assistant Director of Planning -Transportation; Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technology; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church delivered the invocation. FLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2012 A. Election of Vice -Chairman —Robert W. Wells Elected Chair DeHaven opened nominations for Vice -Chairman. Supervisor Fisher nominated Supervisor Wells, Supervisor Slaughter seconded the motion which carried 5-2 on a Minute Book 4S Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 215 roll call vote, Supervisor Dunn moved that the vote be recorded as unanimous, Supervisor McCarthy seconded the motion which carried unanimously on a voice vote. B. Adoption of Rules of Procedure„ - Approved Supervisor Slaughter moved that the Board adopt the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended January 8, 2020, and Robert's Rules of Order Simplified and Applied, Vice Chairman Wells seconded the motion. Supervisor McCarthy called for more time to consider proposed amendments to the Rules of Procedure. Supervisor Dunn moved to amend the motion to eliminate the proposed amendments and adopt the previous version of the Rules of Procedure, Supervisor McCarthy seconded the motion to amend. Supervisor Graber noted concerns about some of the proposed amendments. The motion to amend the main motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter No The amended motion to adopt the Rules of Procedure without the proposed amendments and also adopt Robert's Rules of Order Simplified and Applied carried on a roll call vote as follows: Blaine P. Dunn Aye Gene E, Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter No RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE l -- MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [Amended 01/09/19] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate; the Board shall assemble in the Hoard of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia we such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi -part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, lute., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, Minute Book 45 Board of Supervisors Regular Meeting of January &, 1010 County of Frederick, Virginia 217 resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented, Section 1-9. Robert's Rules of Order; Suspending Rules [Amended 09/14/11] [Amended 02/14/18] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board, However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of -Virginia, 1950, as amended. Section I -11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present, Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE IT - OFFICERS Section 2-1. Chairman and Vice Chairman [Amended 01/14/091 At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31 st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re-elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 2-2, Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 2-3. Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 15.2- 1539 of the Code of Virginia, 1950, as amended. At the discretion ofthe Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III - AGENDA Section 3-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3-2, Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3-3. Posting and Notice [Amended 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia will also be posted on the county web page at www.feva.us, and outside the main entrance to the Board of Supervisors' meeting room. Section 3-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06/1 1/03]; [Amended 01/14/04]; [Amended 02/14/18]; [Amended 08/08/18] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Conunittee Business Public Hearings -- Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Comrnission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 4-3. Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda," and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Minute Bonk 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia Wo Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 44. Citizen Comments Period [Amended 4/14/04] [Amended 01/10/181; [Amended 02/14/181 Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period should provide their name, the issue they want to address, and their Magisterial District of residence on the register provided. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are not part of the regular meeting agenda. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their Magisterial District of residence prior to their comments. Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three -minute time limitation. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 4-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Any citizen or staff member wbo desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 3-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE V - PUBLIC HEARINGS Section 5-1. Format for Public Hearings It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment Minute Rook 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 221 and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 5-2. Order of Business At public hearings, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Hearing (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 5-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 5-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 5-5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Prior to pennitting public comment, the Chair shall determine, to the best of his ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair detennine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before the hearings begin. Section 5-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. Minute Book 45 Board of Supervisors Regular Meeting o f January S, 2020 County of Frederick, Virginia VA In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 5-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 5-8. Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 5-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 5-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VI - CITIZEN RESPONSIBILITIES Section 6-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 6-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 6-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2-2 of these rules. Board members are expected to observe the same decorum at all meetings. Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 223 Section 6-4. Name and Magisterial District of Residence [Amended 02/14/18] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 6-7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shall yield the floor when informed their time has expired. Section 6-8. Registration [Amended 02/14/18] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 6-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 6-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VII -- APPOINTMENTS Section 7-1, Appointments by the Chainnan of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. The following positions are appointed by the Chairman each January. Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN• Finance Committee Code and Ordinance Committec Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association County Representatives to the Frederick County -Winchester Joint Finance Committee Section 7.2. Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18]; [Amended 08/08/18] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member's respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website, www.fcva.us.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non -Frederick County boards such as regional or community -based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator's Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2. Applications must be received in the County Administrator's Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE VIII - AMENDMENTS Section 8-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. .....+**++.*++ C. Selection of a Parliamentarian - County Administrator Elected Supervisor Slaughter moved that the Board elect the County Administrator as Parliamentarian. Vice Chairman Wells seconded the motion which carried on a voice vote. Minute Book aS Board of Supervisors Regular Meeting o f January 8, 2020 County of Frederick, Virginia 225 D. Selection of Time and Place for Rggular Meetings - Approved Supervisor Slaughter moved that the second and fourth Wednesdays of each month, at 7;00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2020 with the exception of the November 11 meeting which shall be held on Thursday, November 12 because of the Veterans Day holiday. She further moved that should a meeting be cancelled due to inclement weather, it will take place on the following evening. Supervisor Fisher seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye E. Chairman's. Annual Board Committee Assignments - Approved Vice Chairman Wells moved for approval of confirming the proposed 2020 Board Member Assignments to Committees. Supervisor Slaughter seconded the motion which carried on a voice vote. Citizen Member Assignments to Committees for 2020 were postponed until the January 22 meeting. Board Member Assignments for 2020 Charles S. DeHaven, Jr. Finance Committee; Technology Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate; Tourism Board liaison Blaine P. Dunn Code & Ordinance Committee; Human Resources Committee, Chair; Public Safety Committee; Technology Committee, Chair; Northern Shenandoah Valley Regional Commission; Fire & Rescue Association liaison; Handley Regional Library Board liaison Shawn L. Graber Planning Commission liaison; Northern Shenandoah Valley Regional Commission; Agricultural District Advisory Committee; Extension Leadership Committee J Douglas McCarthy Code & Ordinance Committee, Chair; Human Resources Committee; Public Works Committee, Chair; Technology Committee; Planning Commission liaison alternate; Social Services Board liaison Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 226 Judith McCann -Slaughter Finance Committee, Chair; Public Safety Committee; Transportation Committee, Chair; Joint Finance Committee; Metropolitan Planning Organization; Conservation Easement Authority; Economic Development Authority; Northwestern Regional Jail Board Gene E, Fisher Public Works Committee; Winchester Regional Airport Authority; Frederick -Winchester Service Authority Robert W. Wells Finance Committee; Human Resources Committee; Public Safety Committee, Chair; Public Works Committee; Northwestern Regional Jail Board; Parks & Recreation Commission liaison; Landfill Oversight Committee; Frederick Water Board liaison ADOPTION OF AGENDA —APPROVED Upon motion of Supervisor McCarthy, seconded by Supervisor Graber, the agenda was adopted on a voice vote. CITIZENS COMMENTS Mark Berg, Back Creek District, said the code of conduct that had been proposed for adoption may not comply with state code. He questioned the order of agenda items and the selection of the County Administrator as Parliamentarian. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the consent agenda was adopted on a roll call vote as follows; Blaine P. Dunn Aye Shawn L. Graber Abstain J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Gene E. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye - Minutes of Closed Session and Regular Meeting of December 11 2019 - CONSENT AGENDA Minute Book 4S Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 227 APPROVAL - Minutes of Special Meeting of December 18, 2019 - CONSENT AGENDA APPROVAL - Human Resources Committee Report of December 2019 - CONSENT AGENDA APPROVAL, Appendix 1 - Public Works Committee of December 2019 - CONSENT AGENDA APPROVAL, Appendix 2 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT, AGENDA APPROVAL NILT Inc. as Trustee for Nissan- INFI -- $8,147.69 Papermill Self Storage, L.L.C. -- $4,83813 - Changes to Frederick County Human Resources policy regarding Non. Discrimination/Non-Harassment Policy as recommended by the Human Resources„ Committee- CONSENT AGENDA APPROVAL XX. NON-DISCRIMINATION/NON-HARASSMENT Frederick County is committed to a work enviromnent in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Frederick County prohibits discrimination, including harassment, on any illegal basis. The types of prohibited discrimination and/or harassment can be subj ect to change under the law. The addendum to this policy identifies the current forms of prohibited discrimination and harassment. The Human Resources Department will update the addendum as necessary consistent with changes in the law. Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline, up to and including termination. Harassment For purposes of this policy, harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating, hostile, or offensive working environment for an individual because of the individual's protected class. Such conduct may include, but is not necessarily limited to, slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing, stereotyping, insulting or obscene comments or gestures, display or circulation in the workplace of written or graphic material that denigrates or shows hostility toward the individual or group, or other verbal or physical actions relating to an individual's protected class. Because there is often confusion related to the meaning of sexual harassment, it deserves additional clarification. Sexual harassment includes any unwelcome sexual conduct (including sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature) when (l ) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment. Sexual harassment can take many forms. The following is a partial list of the types of behavior that could constitute sexual harassment: Minute Book 4S Board of Supervisors Regular Meeting o f January 8, 2020 County of Frederick, Virginia • Unwanted or unwelcome physical contact or conduct of any kind, including patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact; • Verbal abuse of a sexual nature, including sexual flirtations, advances, propositions, sexual innuendoes, or sexually suggestive, insulting, or graphic comments, noises, or sounds; • Sexually explicit, suggestive, or offensive jokes; + Demeaning, insulting, intimidating, or sexually suggestive comments about an individual's dress, body, appearance, or personal life; • The display or distribution in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs, drawings, or magazine pictures; and • Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. To violate the law, harassment must be serious in nature, be repeated, and/or have an impact on employment. This policy, however, not only prohibits unlawful harassment, but also offensive conduct that is contrary to Frederick County's professional expectations for its employees. Thus, Frederick County may take action to address offensive behavior or statements based on a person's protected class even if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to or has witnessed any kind of harassing behavior as described in this policy should immediately notify his or her supervisor or Department Head. In addition, if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department Head, including but not limited to instances in which the supervisor or Department Head is engaging in or allowing the harassment, an employee may always instead opt to notify the Director of Human Resources. A supervisor who becomes aware of any harassment, or who receives allegations of harassment from any employee, must immediately advise the Director of Human Resources. Investi ation All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue. Employees must cooperate fully and truthfully in any investigation relating to this policy. Depending on the results of the investigation, Frederick County may take corrective action, including such discipline as is appropriate, up to and including immediate termination of the employee. Retaliation Prohibited Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including termination. If an employee believes he or she has been retaliated against in violation of this policy, the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment, discrimination, and retaliation whether engaged in by, or directed at, employees, contractors, clients, vendors, or others an employee may come into contact with while working or representing the County. Conduct prohibited by this policy is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings, and business -related social events. Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia wo ADDENDUM REGARDING NON-DISCRIMINATION/NON-HARASSMENT Issued by Human Resources Department, January 2020 In keeping with Frederick County's commitment to a work environment in which all individuals are treated with respect and dignity, discrimination and/or harassment on the following bases is prohibited: • race • color • religion • sex • national origin • pregnancy, childbirth, medical conditions related to pregnancy or childbirth • age • marital status • disability + military service • veteran status • genetic information (such as information that could be used to determine an employee's risk for disease). ++++++*+.+++++ BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: RECOGNITION OF EMPLOYEE OF THE YEAR GREG LAMBERT Chairman DeHaven and Vice Chairman Wells recognized and congratulated Greg Lambert on his selection as Employee of the Year for 2019, COMMITTEE APPOINTMENTS H. PAIGE MANUEL REAPPOINTED TO PLANNING COMMISSION - APPROVED On motion of Supervisor Fisher, seconded by Supervisor McCarthy, H. Paige Manuel was reappointed on a voice vote as Shawnee District Representative to the Planning Commission for a four-year term ending 1/26/24, Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 230 BRANDON MONK REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL - APPROVED On motion of Supervisor Graber, seconded by Vice Chairman Wells, Brandon Monk was reappointed on a voice vote to a four-year term, ending 1/14/24, as Back Creek District Representative on the Extension Leadership Council. HENRY "HANK" SLIWINSKI APPOINTED TO THE FREDERICK WATER BOARD OF DIRECTORS - APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Fisher, Henry "Hank" Sliwinski was appointed on a voice vote to an unexpired four-year term ending 4/15/22 on the Frederick Water Board of Directors, JAY TIBBS REAPPOINTED TO OLD DOMINION ASAP POLICY BOARD AND OLD DOMINION COMMUNITY CRIMINAL JUSTICE BOARD - APPROVED On motion of Supervisor Slaughter, seconded by Vice Chairman Wells, Jay Tibbs was reappointed on a voice vote to a three-year term ending 2/22/23 on the Old Dominion ASAP Policy Board. On motion of Supervisor Dunn, seconded by Supervisor Graber, Jay Tibbs was reappointed on a voice vote to a three-year term ending 2/22/23 on the Old Dominion Community Criminal Justice Board. *++*.+++++++.. PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS REZONING #04-19 FOR PERRY PROPERTIES LLC., SUBMITTED BY GREENWAY ENGINEERING, INC. TO REZONE 6.18+1- ACRES FROM THE M1 (LIGHT INDUSTRIAL) DISTRICT TO THE B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS, THE PROPERTY IS LOCATED ON THE NORTH SIDE OF MILLWOOD PIKE (ROUTE 50 EAST) AND THE WEST SIDE OF CONSTITUTION DRIVE AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 64-A-158 IN THE SHAWNEE MAGISTERIAL DISTRICT APPROVED Minute Book 45 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 231 Assistant Planning Director John Bishop explained this application to rezone 6.18+1- acres from the M1 (Light Industrial) District without proffers to the B2 (General Business) District with proffers. He said in general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan, adding that considering the site is bordered by commercial zoned property to the south and east, the requested commercial use may be acceptable. He said the Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 4, 2019 meeting. Evan Wyatt of Greenway Engineering offered to answer questions on the proposal. Chairman DeHaven opened the public hearing, There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Fisher moved for approval of Rezoning #04-19. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ++++++......++ ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, SECTION 165-101.02 DEFINITIONS AND WORD USAGE; ARTICLE _ II SUPPLEMENTARY USE REGULATIONS; PARKING; ,,.._BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES SECTION 165-204.26 PUBLIC UTILITIES; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, SECTION 165-401.02 PERMITTED USES, SECTION 165-401.03 CONDITIONAL USES, PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT SECTION 165.402.02 PERMITTED USES PART MH1 MOBILE HOME COMMUNITY DISTRICT, SECTION 165-403.02 PERMITTED USES; ARTICLE V PLANNED DEVELOPMENT DISTRICTS , PART_ 502 R5 RESIDENTIAL RECREATION COMMUNITY DISTRICT, SECTION 165.502.04 PERMITTED USES:. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 602 B1 NEIGHBORHOOD BUSINESS DISTRICT, SECTION 165-602.02 ALLOWED USES, PART 603 B2 GENERAL BUSINESS DISTRICT, SECTION 165-603.02 ALLOWED USES, PART 604 B3 INDUSTRIAL TRANSITION Minute Book 43 Board of Supervisors Regular Meeting o f January 8, 2020 County of Frederick, Virginia 232 DISTRICT SECTION 165.604.02 ALLOWED USES PART 606 M1 LIGHT INDUSTRIAL DISTRICT, SECTION 165-606.02 ALLOWED USES PART 608 EM EXTRACTIVE MANUFACTURING DISTRICT SECTION 165.608.02 PERMITTED USES PART 609 HE HIGHER EDUCATION DISTRICT SECTION 165-609.02 PERMITTED USES. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE A DEFINITION FOR PUBLIC UTILITIES THAT INCLUDES UTILITY -SCALE SOLAR POWER GENERATING FACILITIES AND AMENDMENTS TO THE SUPPLEMENTAL USE REGULATION FOR PUBLIC UTILITIES. -APPROVED Planner Tyler Klein said at their November 13th public hearing, the Board of Supervisors directed Staff to amend the proposed ordinance amendment for "public utilities" to further specify "utility -scale solar power generating facilities" as a conditional use in the RA Zoning District, and not allow this use by -right, and as a result of this change in the use allowance, the item was sent back to the Planning Commission for a new public hearing. He said the proposed amendment to Chapter 165 — Zoning Ordinance will provide: a definition for "Public Utilities" that includes utility - scale solar power generating facilities; a definition for "decommissioning" and "utility -scale solar power generating facilities," consistent with the Code of Virginia; additional regulations for specific uses that requires utility -scale solar generating facilities to make arrangements, including financial security, for decommissioning consistent with/as required by the Code of Virginia, and site plan review/approval only for utility -scale solar power generating facilities; and would add "utility -scale solar power generating facilities" as a conditional use in the RA (Rural Areas) Zoning District. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for approval of the ordinance amendment and Supervisor Slaughter seconded the motion, In response to Supervisor Dunn's question, Planning Director Mike Ruddy clarified that state code allows an inflation factor to be applied to offset higher decommissioning costs in the future. The motion to approve carried on a roll call vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Gene E. Fisher Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ...........++f Minute Book 45 Board of Supervisors Regular Meeting o f f anuary 8, 2020 County of Frederick, Virginia 233 PLANNING COMMISSION BUSINESS -- OTHER PLANNING BUSINESS REZONING #06-19, WINCHESTER MEDICAL CENTER. INC. — POSTPONED Planning Director Mike Ruddy provided background on the minor proffer amendment proposed to revise the proffered generalized development plan approved with rezoning #02-03 for 37.5424+I- acres zoned B2 (general business) district and 51.8675f1- acres zoned MS (medical support) district. He said minor text revisions are also proposed to reflect the updated internal street network within the development and concluded saying the Planning Commission recommended approval. Daniel Michael, an engineer representing the applicant, provided additional comments and discussed which parcels are included in the designation of the maximum number of car trips. Supervisor McCarthy asked for clarification on whether Valley Health will sell or give land for entrances to adjacent landowners, Mr. Michael said he would defer that question to the applicant. Supervisor McCarthy moved to postpone action on Rezoning #06-19 until the next Board meeting to allow time to receive an answer to his question about Valley Health's intention to sell or give land for entrances, Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye BOARD LIAISON REPORTS - Bone CITIZEN COMMENTS John Owings, Back Creek District, spoke about cell towers of 100' or more being granted by -right in the RA district. He said such towers can be done now as amateur (Ham) radio towers, but additional equipment can be added to facilitate internet service. He said companies are getting Minute Book 45 Board of Supervisors Regular Meeting o f January 8, 2020 County of Frederick, Virginia 234 around the zoning requirement, and the outcome could be having a tail tower at every house in a subdivision. He urged that the County study the tower placement issue. BOARD OF SUPERVISORS COMMENTS Supervisor Graber said he was disappointed in the way the proposed rules and procedures update was provided to the Board and that he was concerned the proposed update would severely limit how citizens were able to address the Board. He said he was very disappointed in all those involved in presenting this information to the Board. Supervisor McCarthy said he was grateful to have Supervisor Fisher serving on the Board again, ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 7;58 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 o f January 8, 2020 County of Frederick, Virginia 235 Board of Supervisors Minutes of January 8, 2020 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday, December 13, 2019 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, December 13, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy, Beth Lewin; and Bob Wells Staff present: Michael Marcia no, Human Resources Director; Manager; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; and Patricia Lowery, Assistant Court Services Director, Others present: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: I. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Nan-Discrimination/Non-Harassment Policy (Exhibit A). Mr. McCarthy moved to approve the policy and Ms. Lewin seconded the motion. The committee recommends approval, 5 in favor & 0 against. 2. The Human Resources Department presented a nomination for Employee of the Month for Shelia Harden (Exhibit B). Ms. Lewin moved to approve the policy and Mr. McCarthy seconded the motion. The committee recommends approval of Sheila Harden the January 2020 Employee of the Month, 5 in favor & 0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn, Chairman Don Butler Beth Lewin Doug McCarthy Dorrie Greene Robert (Bob) Wells By Michael J. Marciano, Director of Human Resources Minute Book 43 Board of Supervisors Regular Meeting of January 8, 2020 County of Frederick, Virginia 236 Board of Supervisors Minutes of January 8, 2020 - Appendix 2 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, December 3, 2019 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Gene E. Fisher; and Harvey E. "Ed" Strawsnyder, Jr. Committee Members Absent: Whitney "Whit" Wagner; and Robert W. Wells LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Kris C. Tierney; Perry Eisenach; and Michael Neese Committee Members Absent: Robert W. Wells; J. Stanley Crockett; David Ash; and Eden Freeman; Justin Hall Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Andrew Clarke, Landfill Environmental Manager; Kevin Alderman, Shawneeland District Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator (Attachment 1) Agenda Packet ITEMS FOR INFORMATION ONLY 1-We had a joint Public Works Committee/Landfill Oversight Committee to discuss the proposed Landfill Budget for Fiscal Year 2021. Staff updated committee members about several on -going projects at the Landfill. We continue to perform drilling, blasting and crushing operations in our next M.S.W. Landfill Cell, Phase 3, Cell A. We anticipate completing this operation in June 2021. We have finished construction of all the Permit 40 leachate improvements including a five (5) million -gallon leachate lagoon. We are getting ready to start a Pilot Compost Field Study to see if we can cost effectively compost sewage sludge and on - site yard waste to make beneficial compost. There are no proposed increases in tipping fees for Fiscal Year 2021. The proposed budget for the Fiscal Year 2021 budget is $9,634.911.00. The committee was also updated on the Recycling Program Study that has been performed by SCS Engineers. The purpose of this study is to see what our local options are for improving the recycling program. We just received a DRAFT report and are currently reviewing it. We should be discussing any recommendations and findings at the next meeting to be held in January 2020. The Northern Shenandoah Valley Regional Commission recycling study for our region has also begun. There is a meeting coming up December 10, 2019 to discuss the options. This regional study should be complete in the late winter or early spring timeframe. Minute Book 45 Board of Supervisors Regular Meeting of/anuary 8, 2020 County of Frederick, Virginia 237 2-Staff presented the other Public Works departmental budgets. There was a brief discussion about each budget except for the Shawneeland budget. During the discussion of the proposed budget for Shawneeland, due to on -going decreases in the reserve account, the committee recommended an increase in the Sanitary District fee for improved lots of $140.00. The current fee is $660.00 per year for improved lots and the proposed increase would bring the improved lots fee to $800.00 per year. The current reserve account is approximately $1.1 million. It has always been the desire of the board that the reserve account be greater than the annual budget in case of any unforeseen emergencies or expenses. After discussion, the Public Works Committee endorsed the budgets as amended. (Attachment 2) 3-Staff updated the committee on hauling recycled goods. Due to the recent changes, we must begin hauling all recycled goods to Hagerstown, Maryland. The increased distance will increase our transportation costs. After discussion, the committee recommends continuing the recycling program and to fund the additional costs. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney "Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder, Jr. B Y Jo C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Mike Stewart, Senior Project Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Mark Fleet, Building Code Official file Minute Book 43 Board of Supervisors Regular Meeting o f January 8, 2020 County of Frederick, Virginia