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June 10 2020 Board_Agenda_PacketAGENDA BOARD OF SUPERVISORS WEDNESDAY, JUNE 10, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 5:00 p.m. Closed Session – The Board will hold a closed session pursuant to Virginia Code Section 2.2-3711(A)(8) for consultation with legal counsel regarding a legal matter requiring the provision of legal advice by such counsel, specifically regarding a dispute with a vendor regarding the procurement of a specialized motor vehicle designed for use for public safety purposes and pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. 7:00 p.m. Regular Meeting Call to Order 1. Invocation 2. Pledge of Allegiance 3. Adoption of Agenda 4. Citizen Comments –For agenda items that are not the subject of a Public Hearing 5. Consent Agenda 6.Roll Call Vote Required 6.A. Minutes of Regular Meeting of May 27, 2020 MinutesBOS200527.pdf Public Works Committee Report of May 26, 2020 6.B. PublicWorks05-26-20 COMMITTEE REPORT.pdf 6.C. Parks and Recreation Commission Report of May 26, 2020 ParksRecCommissionReportMay2020.pdf Board of Supervisors Regular Meeting AgendaPage 2 June 10, 2020 Consent Agenda ,continued 6.D. Road Resolution For Additions to the Secondary System of State Highways - Snowden Bridge Section 4 RoadResolutionSnowdenBridgeSect4.pdf 6.E. Road Resolution For Additions to the Secondary System of State Highways - SnowdenBridge Section 7 RoadResolutionSnowdenBridgeSect7.pdf 6.F.Road Resolution ForAdditions to the Secondary System of State Highways - Belleview Farm RoadResolutionBellevilleFarm.pdf 6.G. Request by 26th Court Services Unit of the Department of Juvenile Justice for Transfer of Funds TransferFundsRequestFromDeptJuvenileJustice.pdf 6.H. Extension of Declaration of Local Emergency for Covid -19 Pandemic Local Declaration Extension COVID-19_FINAL -2020 06.pdf Board of Supervisors Comments 7. County Officials 8. 8.A. Committee Appointments Community Policy and Management Team (CPMT) 2-year term of Dawn C. Robbins,Parent Representative expires 6/30/20 TheCPMTrecommends the reappointment of Ms. Robbins. Board of Supervisors Regular Meeting AgendaPage 3 June 10, 2020 8.A. Committee Appointments, continued Development Impact Model Oversight Committee The following are recommended by the Chairman for appointment to 1-year terms: Kris C. Tierney -County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Judith McCann-Slaughter -Board of Supervisors and EDA Representative Christopher Mohn -Planning Commission Representative John Jewell -Planning Commission Representative Stephen Pettler -Top of Virginia Building Assoc. Rep. Rob Frogale -Top of Virginia Building Assoc. Rep. Frank E. Wright (appointed as the School Board's Representative in Jan.2020) Frederick-Winchester Service Authority 3-year term of Frederick County member Wellington Jones expires 8/31/20 Mr. Jones does not wish to serve another term. See attached application of Gary Oates. 3-year term of At-Large member James R. Wilkins, III expires 8/31/20 Joint Appointment with City of Winchester. Mr. Wilkinsis eligible and willing to serve another term. BoardCommitteeAppts(061020BdMtg).pdf 8.B. Proposed Amendment to FY 20-21 Budget Supervisor Dunn would like to offer an amendment to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget. BlaineDunnBudgetAmendReasons.pdf Board of Supervisors Regular Meeting AgendaPage 4 June 10, 2020 County Officials ,continued 8.C. Discussion: Proposal for a Joint Board of Supervisors-School Board Meeting Supervisor Dunn proposes a joint meeting and/or retreat in July 2020 to discuss broad educational issues including budgets, means to raise revenue to address a growing population in Frederick County, and/or other issues of concern to members of either the Board of Supervisors or the School Board. BlaineDunnJointBoardOfSupervisorsSchoolBoardWorkMeeting.pdf Committee Business 9. 9.A. Shawneeland Sanitary District Budget for Fiscal Year 2021 At the May 26 Public Works Committee meeting, staff presented updated information concerning the proposed FY21 budget for the Shawneeland Sanitary District. Following additional input from the Shawneeland Sanitary District Advisory Committee, the Public Works Committee unanimously recommends approval of the proposed budget identified as scenario 2A (attached). ProposedShawneelandBudget26May2020.pdf Public Hearings (Non Planning Issues) 10. Ordinance Regarding Continuity of Operations of Frederick County 10.A. Government. Proposed Extension of Emergency Ordinance Enacted on April 8, 2020, Making Provision for the Temporary Reduction in the Number of Meetings of Frederick County Boards, Commissions, and Committees and Making Provision for Remote Participation by Members of Frederick County Boards, Commissions, and Committees in Meetings of those Bodies as Do Take Place. This Ordinance is Pursuant to the Provisions of Virginia Code Section 2.2-3708.2(A) and Would Expire on October 7, 2020. ContinutityOfOperationsOrdinance.pdf Board of Supervisors Regular Meeting AgendaPage 5 June 10, 2020 Planning Commission Business -Public Hearings 11. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, 11.A. 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. Revision to the Frederick County Zoning Ordinance to Reduce the Fee for a Conditional Use Permit for Commercial Telecommunication Facilities. OrdAmendDevelopmentReviewFees.pdf Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, 11.B. Article I General Provision; Amendments; and Conditional UsePermits; Part 101 General Provisions, §165-101.08 Violations andpenalties; enforcement. Revision to the Frederick County Zoning Ordinance to Maximize the Penalties for Zoning Violations. OrdAmendZoningViolationsAndPenalities.pdf Planning Commission Business -Other Planning Business 12. Board Liaison Reports 13. Citizen Comments 14. Board of Supervisors Comments 15. Adjourn 16. 7 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 27,2020 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman;Blaine P. Dunn; Shawn L. Graber;J. Douglas McCarthy;andJudith McCann-Slaughter; were present.Gene E. Fisher participated remotely from his home, doing so as a medical precaution on account of the COVID-19 pandemic. Staff present: Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology;Andrew Farrar, IT Program Coordinator; Seth Thatcher, Commissioner of the Revenue; Mike Ruddy, Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner; Cheryl Shiffler, Director of Finance; Jason Robertson, Director of Parks and Recreation; Jon Turkel, Assistant Director of Parks and Recreation; Denny Linaburg, Fire Chief; Steve Majchzrak, Assistant Fire Chief; andAnn 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 Supervisor McCarthy delivered the invocation. PLEDGE OF ALLEGIANCE Vice ChairmanWells led the Pledge of Allegiance. APPROVAL OF REMOTE PARTICIPATION Remote meeting participation by Supervisor Fisher wasapproved on a voice vote following 8 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 1 the motion by Supervisor McCarthy, seconded Supervisor Dunn. ADOPTION OF AGENDA –APPROVED Upon motion of SupervisorSlaughter,seconded by Supervisor McCarthy,theagenda was adoptedas presented on a voice vote. CITIZENS COMMENTS-None ADOPTION OF CONSENT AGENDA –APPROVED Upon motion of Supervisor Slaughter,seconded byVice Chairman Wells,the consent agenda was adoptedas presented on arecorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye -Minutes of Regular Meeting of May 13, 2020- CONSENT AGENDAAPPROVAL -Finance Committee Report of May 20, 2020- CONSENT AGENDAAPPROVAL, Appendix 1 -Request from the Commissioner of the Revenue for Refundsand Corresponding Supplemental Appropriations- CONSENT AGENDA APPROVAL Shenandoah Sheds–$3,625.86 US Bank NA –$4,939.38 -Acceptance of the County’s Share of Coronavirus Relief Find Payments - CONSENT AGENDA APPROVAL -Adoption of Updated Rules of Procedure and Conduct- CONSENT AGENDAAPPROVAL RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I – MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings \[Amended 01/09/19\] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman 9 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 2 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, Etc., Upon Which Vote Has Been Announced; Rescission of Previous Actions \[Amended 05/27/20\] At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced at that meeting, the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion, 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. If the Board approves the motion to reconsider, the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board, the Board may not rescind any motion, resolution, ordinance, or question announced at a previous meeting, except and unless: -The action at issue is practically capable of being rescinded (e.g., a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter; and either : Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 3 -If the Board member has given notice of intent to make the motion to rescind, either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion, and such motion to rescind receives the affirmative vote of a majority of the members present at the time such motion to rescind is presented; or -If the Board member has not given such notice of intent to make the motion to rescind, the motion to rescind receives the lesser of (i) the affirmative vote of a majority of the members (including those not present at the time such motion to rescind is presented) or (ii) the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. If the Board approves a motion to rescind, the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter, but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board. If the matter was the subject of a public hearing, approval of the motion to rescind shall require the readvertising and reopening of the public hearing at a subsequent meeting of the Board, before the Board may take further action on the matter. Section 1-9. Robert’s Rules of Order; Suspending Rules \[Amended 09/14/11\] \[Amended 02/14/18\] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II – GENERAL CODE OF CONDUCT \[Added 5/27/20\] Section 2-1. General Conduct A. Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B. Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 21 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 4 2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Section 2-2. Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. C.Board members’ interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member. Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance, will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters, unless the full Board authorizes disclosure, or unless such matter has become a part of the public record, and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H. The Board recognizes that documents related to County Business, including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I. When responding to the media, Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate, the Public Information Officer will assist in communications with citizens and the media. J. If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board, officially censure that member. Article III - OFFICERS Section 3-1. Chairman and Vice Chairman \[Amended 01/14/09\] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker’s comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their 22 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 5 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 3-3. Clerk \[Amended 05/27/20\] The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV – AGENDA Section 4-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 5-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice \[Amended 02/14/18\] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors’ meeting room. Section 4-4. Copies \[Amended 02/14/18\] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V - CONDUCT OF BUSINESS Section 5-1. Order of Business \[Amended 06/11/03\]; \[Amended 01/14/04\]; \[Amended 02/14/18\]; \[Amended 08/08/18\]; \[Amended 05/27/20\] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) 23 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 6 Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings – Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3. Consent Agenda The Consent Agenda shall be introduced by a motion “to approve the Consent Agenda,” and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 5-4. Citizen Comments Period \[Amended 4/14/04\] \[Amended 01/10/18\]; \[Amended 02/14/18\]; \[Amended 05/27/20\] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County. 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. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. 24 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 7 Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI - PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business \[Amended 05/27/20\] For public hearing items, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Comment (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment \[Amended 05/27/20\] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. 25 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 8 Prior to commencing public comment, the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members’ Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII - CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is 26 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 9 contrary to this section will be removed as provided for in section 3-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 7-4. Name and Magisterial District of Residence \[Amended 02/14/18\] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker’s authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits \[Amended 05/27/20\] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration \[Amended 02/14/18\] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VIII – APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board’s standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee 27 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 10 Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors \[Amended 01/25/06\]; \[Amended 02/14/18\]; \[Amended 08/08/18\] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member’s respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non- Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator’s Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2.Applications must be received in the County Administrator’s Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3.Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX – Electronic Devices \[Added 05/27/20\] Section 9-1. Devices Use of County-issued computers, tablets, and other devices and use of County email accounts shall be for County business purposes only. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act (FOIA) and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members, respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. Article X – AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) 28 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 11 (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) (Amended: 05/27/20) + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS-None COUNTY OFFICIALS: MICHAEL LAKE REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD OF DIRECTORS –APPROVED Supervisor Grabermoved to appoint Brandon Monk tothe Lord Fairfax Community College Board. The motion, seconded by Supervisor Dunn,failed on a roll call vote as follows: Blaine P. DunnAyeGene E. Fisher No Shawn L. GraberAyeRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No Judith McCann-SlaughterNo Supervisor Slaughter moved to appoint Michael Lake to the Lord Fairfax Community College Board. The motion, seconded by Vice Chairman Wells,carried on a roll call vote as follows: Blaine P. DunnNoGene E. Fisher Aye Shawn L. GraberNoRobert W. WellsAye J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye PROPOSED AMENDMENT TO FY 20-21 BUDGET –DISCUSSION POSTPONED UNTIL THE NEXT MEETING Supervisor Dunn moved to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget.Supervisor McCarthy seconded the motion. 29 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 12 Vice Chairman Wells suggested postponing the discussion until the next meeting when more will be known about revenues. Supervisor Dunn explained his reasoning for the motion and agreed to withdraw his motion. Supervisor McCarthy,having provided the second, concurred with the motion’s withdrawal. DISCUSSION OF SPECIAL EVENT CENTER CONDITIONALUSE PERMITS Supervisor Dunn, the Board, and staff discussed Special Event Centers and Conditional Use Permits for such uses and updating the comprehensive plan. By consensus, the Board agreed to seek a joint meeting with the Planning Commission to continue the discussion and consider additional items of interest to the Board Members. + + + + + + + + + + + + + + COMMITTEE BUSINESS FINANCE COMMITTEE SupervisorSlaughter moved for approval of the following: -The IT Director requests a General Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts. -The Voter Registrar requests a General Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. -The WRA Director requests an Airport Fund (fund 17) supplemental appropriation in the amount of $69,000. This amount represents funds received from the CARES Act. -The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount represents a 2: Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 13 carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. -The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. -The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. -The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment. -The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. -The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. -The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. -The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims. SupervisorDunnseconded the motion which carriedon a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation Commission at their March 11, 2020 meeting. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: 31 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 14 Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following: The Transportation Director requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following: The WRA Director requests an Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376 representing the local portion. $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue.Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award). This 32 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 15 amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application the application was previously administratively authorized.Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County’s share of the amendment.Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The Sheriff requests a General Fund supplemental appropriation inthe amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Of this amount, $10,481 are local funds representing the grant’s 25% matching requirement. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner the application was previously 33 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 16 administratively authorized. The motion died for lack of a second. Supervisor Slaughtermoved for approval of the following:The Sheriff requests a General Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA.Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The Sheriff requests a General Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye Supervisor Slaughter moved for approval of the following:The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. She further moved to direct staff to work with the Sheriff on factors contributing to overtime.Vice Chairman Wells seconded the motion. Supervisor Dunn moved to amend the motion to reduce the Sheriff’s budget for next year in the amount that is over budget for the current year. Supervisor McCarthy seconded the motion which failed on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher No Shawn L. GraberAyeRobert W. WellsNo J. Douglas McCarthyAyeCharles S. DeHaven, Jr.No Judith McCann-SlaughterNo Following discussion with staff, the Board agreed by consensus to wait until the 34 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 17 Finance Department can provide further information about the overtime shortfall before acting on the appropriation. Supervisor Slaughter withdrew her motion for approval.Vice Chairman Wells, having provided the second, concurred with the motion’s withdrawal. + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF TYLERWAKEMAN –PEAK LEAF MUSIC & BREWERS FESTIVAL–APPROVED County Administrator Tierney discussed the festival permit requestfor the event on Saturday, October 3, 2020, from 12:00 Noon until 7:00 PM, on the Grounds of theproperty at 7180 Valley Pike, Middletown, Virginia. He said this will be the third year the festival is held and that no issues have been reported in previous years. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of the Outdoor Request of Tyler Wakeman–Peak Leaf Music & Brewers Festival.SupervisorMcCarthy secondedthe motionwhichcarried on a voice vote. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS–PUBLIC HEARINGS CONDITIONAL USE PERMIT #01-20 FOR J K LEE SERVICES–APPROVED Mark Cheran, Zoning & Subdivision Administrator, discussed the application submitted for the expansion of an existing Assisted Living Structure adding six (6) beds at the property located at 549 Valley Mill Road, Winchester, Virginia.He noted that the Applicant was in attendance in case the Board wished to ask questions. 35 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 18 The Board and Mr. Cheran discussedthe application. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for approval of Conditional Use Permit #01-20 for J K Lee Services. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye ORDINANCE CONDITIONAL USE PERMIT #01-20 J K LEE SERVICES EXPANSION OF EXISTING ASSISTED LIVING FACILITY WHEREAS, Conditional Use Permit #01-20 for J K Lee Services, submitted for an expansion to an existing assisted living structure (currently approved with CUP #22-04) to add six (6) additional resident rooms, bringing the total rooms to 40, was considered. The property is located at 549 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on May 6, 2020 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on May 27, 2020; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion to a Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINEDby the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #01-20 for the addition of six (6) resident rooms, bringing the total permitted residential rooms for this facility to 40 on the parcel identified by Property Identification Number 55-A-56 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit. + + + + + + + + + + + + + + 36 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 19 PLANNING COMMISSION BUSINESS–OTHER PLANNING BUSINESS MASTER DEVELOPMENT PLAN 02-20-HERITAGE COMMONS–PRESENTED TO THE BOARD FOR INFORMATION Tyler Klein, Senior Planner, reviewed the Master Development Plan (MDP) for Heritage Commons saying it appearedto be consistent with the approved Rezoning (REZ) application #10- 15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance. He said the MDP is in a form that is administratively approvableand following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of any comments from the Board, staff is prepared to proceed to approval of the application. + + + + + + + + + + + + + + PROPOSED ORDINANCE AMENDMENT-DEVELOPMENT REVIEW FEES FORCOMMERCIAL TELECOMMUNICATIONS FACILITIES CUPS–FORWARDED TO PLANNING COMMISSION PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed amendment to Chapter 165 –Zoning Ordinanceand to the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if theamendment is ready to be sent forward for Public Hearing. The Board and staff discussed the number of applications for towers received while the fees had been reduced temporarily as well as the proposed fee structure. Supervisor Fisher suggested the matter be sent back to the Planning Commission for further work on the fee structure. SupervisorGraber moved to direct the PlanningCommissionto hold aPublic 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,to set the application fee for a standard process project at $750.Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher No Shawn L. GraberAyeRobert W. WellsAye 37 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 20 J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye RESOLUTION 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 WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled agreed with proposed changes; and meeting on May 6, 2020 and generally WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to the applicable section pertaining to development review fees for conditional use permits for commercial telecommunication facilities. + + + + + + + + + + + + + + PROPOSED ORDINANCE AMENDMENT -ZONING ENFORCEMENT, VIOLATIONS AND PENALTIES–FORWARDED TO PLANNING COMMISSION PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed ordinance revisions to maximize the penalties for zoning violations. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. The Board and staff discussed the proposed revision. Supervisor McCarthy moved to direct the Planning Commission to hold aPublic Hearing regarding Chapter 165, Zoning,Article I,General Provisions; Amendments; And Conditional Use Permits,§165-101.08 Violations And Penalties; Enforcement.Supervisor Graberseconded the 38 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 21 motion which carried on a recorded vote as follows: Blaine P. DunnAyeGene E. Fisher Aye Shawn L. GraberAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye Judith McCann-SlaughterAye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS §165-101.08 VIOLATIONS AND PENALTIES; ENFORCEMENT WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the current ordinance, to maximize the penalties for zoning violations. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTEDby the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to applicable section pertaining to Zoning Enforcement, Violations, and Penalties. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Vice Chairman Wells reviewed the post-pandemic reopening plans discussed by the Parks and Recreation Commission at its most recent meeting. Supervisor Dunn discussed pandemic issues affecting the Handley Library and the Tourism Board. CITIZEN COMMENTS-None 39 Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 22 BOARD OF SUPERVISORS COMMENTS In reference to the statewide pandemic restrictions imposed by the Governor,Supervisor Dunn said the state needs to be opened up so that citizens can return to work. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn,the meeting was adjourned at 8:41p.m. 3: Frederick County Board of Supervisors Regular Meeting Minutes * May 27, 2020 23 41 Tuesday, May 26, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy; Robert W. Wells; Whitney “Whit” L. Wagner; Harvey E. “Ed” Strawsnyder, Jr.; and Gary E. Longerbeam Committee Members Absent: Gene E. Fisher Staff and others present: Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Rod Williams, County Attorney; Kevin Alderman, Shawneeland Manager; Scott Varner, IT Director; Jay Tibbs, Deputy County Administrator; Shawn Graber, Back Creek Supervisor Attachment 1 – Agenda Packet ITEMS REQUIRING ACTION 1-Shawneeland Sanitary District Budget for Fiscal Year 2021 Staff presented updated information concerning the proposed FY21 budget for the Shawneeland Sanitary District. On Monday, May 18, 2020, a special meeting was held by the Shawneeland Sanitary District Advisory Committee (SSDAC) to discuss the FY 2021 budget. Attachment 1 in the agenda packet is a summary of the meeting including documentation from SSDAC recommending budget 2A which is attachment 2 in the agenda packet. Therefore, committee member Strawsnyder made a motion to recommend approving budget option 2A. The motion was seconded by Supervisor Wells. The committee unanimously approved the motion. This recommendation will be sent to the June 10, 2020 Board of Supervisors meeting for consideration and approval. ITEM FOR INFORMATION ONLY 1-Discuss reimbursement request for Animal Shelter As stated in the agenda packet attachment 3, the Animal Shelter requests that funds in the line item 10-4305-3002-00, Professional Services-Engineering and Design totaling $15,341.00 be placed back into the 1034 donation fund. Therefore, committee member Strawsnyder made a motion recommending this request. The motion was seconded by committee member Longerbeam. The committee unanimously recommended the motion. This request shall be sent to the Finance Committee for further consideration. As suggested by the committee, if an opportunity to rebid this project becomes available due 42 to changes in the local economy, we may rebid the project later this year. 2-Update current solid waste impacts from Covid-19 As shown in attachment 4 of the agenda packet, we have seen a 20% increase in solid waste disposal by citizens due to many people being home and cleaning up around their property. 3-Update on current Public Works projects a.Albin Convenience Center Replacement – Currently, work is on-going at the SFW – old bus shop located off Indian Hollow Road. We anticipate completion in July 2020. b.Crossover Boulevard Road Project – Currently, the contractors continue to construct the road and bridge. They have begun placing concrete on the bridge deck. It is anticipated that the bridge will be completed by late summer. The road project is ahead of schedule. The anticipated completion date is September 10, 2021. c.Landfill MSW cell development – Our contractor continues to excavate soil and rock material from our next 10-acre MSW Landfill cell. We anticipate constructing the liner system in 2022. 4-Sunnyside Plaza updates Due to on-going Covid-19 budget cuts, the design for additional office space at the recently acquired Sunnyside Plaza is on hold. As a follow up for additional information regarding option #4, our consultant, OWPR did some preliminary work and cost estimates showing site development with no parking deck. Attached are slides showing some layouts and cost estimates for option #4 using Sunnyside Plaza and some options using the old Aylor Middle School as a possible office space. (Attachment 2) It was agreed that further discussion and design work for the use of Sunnyside Plaza will be put on hold for several months or longer until the county can assess the state of the economy and budget due to the on-going pandemic. Respectfully submitted, Public Works Committee J.Douglas McCarthy, Chairman Robert W. Wells Whitney “Whit” L. Wagner Gene E. Fisher Harvey E. “Ed” Strawsnyder, Jr. Gary E. Longerbeam By ____________________ Joe C. Wilder Public Works Director JCW/kco 43 Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Rod Williams, County Attorney Kevin Alderman, Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of Supervisors file 44 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Meeting of May 26, 2020 DATE: May 22, 2020 There will be a meeting of the Public Works Committee on Tuesday, May 26, 2020 at 8:00 a.m. in the Board of Supervisors meeting roomlocated on the firstfloor of the north end of the County Administration Building at 107 North Kent Street. The agenda thus far is as follows: 1.Discuss and recommend budget for Shawneeland Sanitary District for FY 2021 (Attachment 1)(Attachment 2) 2.Discuss reimbursement request from Animal Shelter (Attachment 3) 3.Update on current solid waste impacts from COVID 19 (Attachment 4) 4.Update on current Public Works projects 5.Sunnyside Plaza updates 6.Miscellaneous Reportsand Documents: a.Tonnage Report: Landfill (Attachment 5) b.Recycling Report Attachment 6) ( c.Animal Shelter Dog Report: (Attachment 7) d.Animal Shelter Cat Report (Attachment 8) JCW/kco Attachments:as stated 45 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 TIBXOFFMBOE!TBOJUBSZEJTUSJDU/! BEWJTPSZ!DPNNJUUFF! SF;!!Tibxoffmboe!Gjtdbm!Zfbs!31.32!Cvehfu/!!!!!!!!!!!!Nbz!2:!3131 ! Efbs!Ns/!Xjmefs- ! J!bn!tfoejoh!uijt!mfuufs!up!sfqpsu!cbdl!gspn!uif!Tibxoffmboe!Tbojubsz! 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Tibxoff!usbjm Uibol!zpv- Gsfefsjdl!Dpvouz GDWB- Uifsf!ibt!cffob!mpu!pg!ejtdvttjpo!mbufmz!sfhbsejoh!uif!Tibxoffmboe!3132! cvehfu/!Bt!bTibxoffmboeipnfpxofs)3!qspqfsujft*!boe!sftjefou-nz! gbnjmzJ!ep!opu!uijol!boz!sfevdujpo!jo!jo!uif!cvehfu!jt!ofdfttbsz/!Uif! Tfswjdft!qspwjefe!cz!Ns/!Bmefsnbo!boe!ijt!dsfx-!bsf!fyfnqmbsz-!boe!J! ibwf!dpodfsot!uibu!boz!tpsu!pg!cvehfu!dvu!xpvme!ejsfdumz!bggfdu!uif!rvbmjuz! tfswjdf!uibu!jt!cfjoh!qspwjefe!boe!xpvme!ibwf!b!ofhbujwf!fggfdu!po!uif! rvbmjuz!pg!mjgf!jo!uif!dpnnvojuz-!xijdi!xpvme!ejsfdumz!bggfdu!ofx!gbnjmjft! dpnjoh!joup!uif!dpnnvojuz-!boe!xpvme!ofhbujwfmz!bggfdu!qspqfsuz!wbmvft/ J!ipqf!zpv!dpotjefs!uiftf!wjfxt!xijmf!ejtdvttjoh!boz!cvehfu!dvut/ W0s-!Lfoofui!Cblfs 4::!Ibsexppe!Usbjm Xjodiftufs-!WB!33713 51 52 53 54 55 56 57 58 59 _________________ __________FREDERICK COUNTY - ANIMAL SHELTER Kathy M. Whetzel Shelter Manager 540/667-9192 ext. 2502 FAX 540/722-6108 E-mail: kwhetzel@fcva.us MEMORANDUM TO:Joe Wilder, Director of Public Works FROM: Kathy M. Whetzel, Shelter Manager SUBJECT:FY20Unused Donation Funds DATE: 5/19/20 ________________________________________________________________________ The Shelter is requesting a reimbursement from line item 10-4305-3002-02 Professional Services – Engineering and Design, in the amount of $15,341.00, and for those funds to be placed back into 1034 donation fund. All the funds for this project were from the Animal Shelter’s donation fund. The unspent funds were appropriated for the design and construction portion of the new shelter training facility building that was recently bid. The project could not move forward due to extremely high construction costs. Currently, the project is inactive. We are seeking approval of this request and that it be forwarded to the Finance Committee for further review and consideration. Please contact me if you have any questions. KMW:hag 5: MEMORANDUM TO: Joe Wilder,Director FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: COVID19;Impacts to Solid Waste Collection DATE: May 18, 2020 Nationally, Waste Management Inc. and Republic Services report a 25 percent hike in the demand for residential refuse collection and disposal, while demand for commercial services has fallen sharply as businesses and factories slow or curtail services altogether in compliance with government guidance. At the local level, the landfill and all neighborhood convenience sites have experienced asignificant increase in vehicle traffic and residential trash/recyclingflow during March and April, increasing hauling costs. Trash is being collected more often and some sites are still forced to close early on Sundays, attesting to the demand for greater residential trash.In general, theneighborhood convenience sites have generated an11 percent increase in trash tonnagescompared to March(see chart).This upward trending is expected to continue through the end of the fiscal year. Spring is generally a very busy time, but residents with extra time at home have taken the opportunity to clean out garagesand attics and trim brush, compounding the . On the disposal side, the Construction/Demolition Debris Landfill has remained steady, areflection of local building activity. While commercial waste has dipped, the overall amount of trash disposed at the local landfill ismoving upward tonnages. As of the end of April, the average tonnage disposed was 16,870 tons, an increase of 276 tons over the same period during Fiscal Year 18/19. LocationMarch TonnageApril Tonnage Landfill1286.681776.32 Albin183.22177.42 Greenwood195.85187.83 Stephenson187.03182.45 Middletown167.46151.28 Double Toll Gate167.31147.02 Shawneeland133.62140.75 Round Hill96.389.86 GoreCan Site44.2548.0 Star TanneryCan Site10.513.87 TOTAL TONNAGE2570.62860.09 61 %INCREASE11 PERCENT 107 North Kent Street, Second Floor, Suite 200Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: MonthlyTonnage Report -Fiscal Year 19/20 DATE: May 18, 2020 The following is the tonnage for the months of July 2018through June 2020, and the average monthly tonnage for fiscal years 03/04 through 19/20. FY 03-04:AVERAGE PER MONTH:16,348 TONS (UP 1,164 TONS) FY 04-05:AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY 05-06:AVERAGE PER MONTH: 17,785TONS(UP 756 TONS) FY 06-07:AVERAGE PER MONTH:16,705 TONS (DOWN 1,080 TONS) FY 07-08:AVERAGE PER MONTH:13,904 TONS (DOWN 2,801 TONS) FY 08-09:AVERAGE PER MONTH:13,316 TONS (DOWN 588 TONS) FY 09-10:AVERAGE PER MONTH:12,219 TONS (DOWN 1,097 TONS) FY10-11:AVERAGE PER MONTH:12,184 TONS (DOWN 35 TONS) FY 11-12:AVERAGE PER MONTH:12,013 TONS (DOWN 171 TONS) FY 12-13:AVERAGE PER MONTH:12,065 TONS (UP 52 TONS) FY 13-14:AVERAGE PER MONTH:12,468TONS (UP 403TONS) FY 14-15:AVERAGE PER MONTH:13,133TONS(UP 665TONS) FY 15-16:AVERAGE PER MONTH:13,984 TONS (UP 851 TONS) FY 16-17:AVERAGE PER MONTH:14,507TONS(UP 523 TONS) FY 17-18:AVERAGE PER MONTH:15,745TONS(UP1,238 TONS) FY 18-19:AVERAGE PER MONTH:16,594 TONS(UP849TONS) FY19-20:AVERAGE PER MONTH:16,870TONS (UP 276TONS) MONTHFY 2018-2019FY 2019-2020 JULY 17,70417,956 AUGUST 18,54317,267 SEPTEMBER 14,79917,985 OCTOBER 18,15822,528 NOVEMBER 15,40417,304 DECEMBER 14,42614,362 JANUARY 13,97314,913 FEBRUARY 12,76413,380 MARCH 17,07915,533 APRIL 20,31317,475 MAY 19,443 JUNE 16,519 JCW/gmp 62 63 596,343544,289599,770505,986457,175334,120459,400371,040529,240616,70049,96005,064,0236,277,2676,207,6106,245,8646,652,2866,079,3705,932,9375,722,6265,696,1715,427,6375,346,0984,968,4075,324,0443,900 ,9792,898,8332,632,5892,695,2622,209,1002,180,8452,439,8402,363,4982,079,8262,494,4862,344,4202,305,96087,941,078 TOTAL 2,447,9002,909,8572,874,7092,687,2412,376,3441,890,7291,639,2251,321,9381,432,6781,220,1071,348,3981,097,1511,172,88025,08058,14044,18048,810 307,920280,080232,140290,020198,600161,960193,280190,260269,560324,080550,070204,220336,230171,6809,62017,634,721 SCRAP 52,48028,30057,50027,80040,06031,18028,76026,86071,600364,540467,720536,420495,500480,400532,283611,580502,680484,600467,920435,680404,760498,110382,574381,469273,707156,87062,84054,0616,225,034 ELEC RECYCLING REPORT - FY 19/20 20,9805,1005,4805,6404,8405,48047,52083,10437,26037,22048,82049,44037,80039,70037,92041,70021,16028,78000342,540 SHOES/TEX 65,52068,35095,00093,58080,46089,24089,2001,243,2321,080,0871,009,1538,547,406 100,240108,380113,000902,970974,493893,380902,701878,450840,717824,873671,669564,957545,692441,321 OCC 70,04058,10060,18091,72041,44033,66051,14025,6401,066,3001,082,7371,275,0601,272,6601,281,1051,508,0291,492,8261,404,8061,235,6241,708,3021,971,8831,684,7111,523,1621,552,1111,443,4611,381,1951,401,2 061,759,7311,686,5871,411,9501,830,0001,690,0001,553,060 101,420108,150118,240759,730998,81533,150,206 PAPER 10,41913,21010,12025,82086,41496,49494,53089,97697,25297,51599,17799,84698,47496,66655,24640,54429,28528,52627,52531,11223,14825,55324,98822,84722,90529,77546,62544,9951,234,855 8,6994,9375,7144,1353,360102,875 STEEL CANS 7,3455,4503,9033,8322,64014,20037,37047,08253,22441,00252,07740,06039,39945,08643,88442,12042,84423,47315,78311,83412,47811,41511,4379,84010,56510,36710,1779,56413,30723,58428,441548,737 CANS AL 51,23930,500174,84018,34026,44013,60012,56022,06013,60030,08024,320417,579430,963465,080430,435428,300407,703417,090410,338398,320378,452370,386322,928284,220200,720190,611193,224174,256146,770181,04 0198,519177,260184,405136,110211,105167,4866,009,678 PLAST 0000 372,600919,540895,600904,780913,530865,380949,1851,123,671762,810794,932600,464558,367549,527541,896413,627450,280436,615422,447402,192485,294373,106511,97814,247,821 GLASS FY 18-19FY 17-18FY 16-17FY 15-16FY 14-15FY 13-14FY 12-13FY 11-12FY 10-11FY 09-10FY 08-09FY 07-08 MONTH TO DATE TOTAL FY 06-07FY 05-06FY 04-05FY 03-04FY 02-03FY 01-02FY 00-01FY 99-00FY 98-99FY 97-98FY 96-97FY 95-96 OCTNOVMAY MAR JULSEPDEC AUGAPR FEBJUN JAN 64 CARRIED OVER NEXT MONTH 350 34344832403844362519 ESCAPED/ STOLEN 00000000000 KENNEL DIED AT 00000100001 DISPOSED FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020 23 7113123041 RECLAIMED 266 38192425313227243610 In the month of April - 42 dogs in and out of kennel. 0 dogs transferred to other agencies. DOG REPORT ADOPTED 297 54392130193328332812 BORN AT KENNEL 00000000000 CASES BITE 14 1010110253 BROUGHT IN BY ACO 294 362923233641402336 7 AT KENNEL RECEIVED 235 333036192224242416 7 FIRST OF MONTH ON HAND AT 394 63343448324038443625 MONTH TOTAL JULY OCTNOVMARMAY DEC AUG SEPAPR FEB JUN JAN 65 NEXT MONTH CARRIED TO 820 117124147 98997458493420 ESCAPED/ STOLEN 00000000000 KENNEL DIED AT 18 5334111000 DISPOSED 342 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020 7837518336181110 99 RECLAIMED 16 1122330310 In the month of April - 59 cats in and out of shelter. 18 cats transferred to other agencies. CAT REPORT ADOPTED 415 36573951234749424130 BORN AT KENNEL 2049 794000009 CASES BITE 18 2130101055 BROUGHT IN BY ACO 36 8556213132 AT KENNEL RECEIVED 136624 9090816143394629 9 FIRST OF MONTH ON HAND AT 117124147884 84989974584934 MONTH TOTAL JULY OCTNOVMARMAY DEC AUG SEPAPR FEB JUN JAN 66 Frederick County Space Needs Assessment Update Sunnyside Option 4a & 4b and May 26, 2020 67 Option 4a is intended to be an interim solution to the overcrowding in the current building. It can be designed to be expanded to include additional departments in will require significant renovation (these costs have not been identified in any of Demolish Sunnyside and build a new 40,000 SF Overflow Building the future. If “Old Aylor” is used to further alleviate crowding, this building Owner Costs (Furnishings, Fees, Contingency)(25%) = $2437,500 Site Prep and utility relocation = $650,000 New 40,000 SF x $220/SF = $8,800,000 Demolition = $300,000 total = $9,750,000 Total = $12,187,500 the costs above). Option 4a: Option 4a - Sub 68 Leaves the following in Current Administrative Office Building Frederick/Winchester Environmental Health Office Alleviates crowding at current Administrative Offices Department of Planning and Development Economic Development Commission Information Technology/GISMIS Virginia Cooperative Extension Department of Social ServicesCommissioner of the Revenue Commonwealth’s Attorney New 40,000 SF, 2 Story Building Parks and Recreation Building Inspections Voter Registration Public Works Maintenance Option 4a 69 New 40,000 SF, 2 Story Building Economic Development County Administration Concept Plans New Building includes: Human Resources County Attorney Shared Spaces Treasurer Finance – Option 4a 6: If “Old Aylor” was used to further alleviate crowding – Option 4a 71 term solution to the overcrowding in the current building. It does not address the FCPS departmental space needs. If “Old Aylor” is Used to further alleviate crowding, this building will require significant renovation Demolish Sunnyside and build a new 80,000 SF Building Owner Costs (Furnishings, Fees, Contingency)(25%) = $4,675,000 (these costs have not been identified in any of the costs above). Site Prep and utility relocation = $800,000 New 80,000 SF x $220/SF = $17,600,000 - Option 4b is intended to be a long total = $18,700,000 Demolition = $300,000 Total = $23,375,000 Option 4b: Option 4b - Sub 72 Leaves the following in Current Administrative Office Building: Alleviates crowding at current Administrative Offices Department of Social ServicesCommissioner of the Revenue Commonwealth’s Attorney New 80,000 SF, 2 Story Building Parks and Recreation Voter Registration Maintenance Option 4b 73 Site - Option 4a 74 Concept Plan – Option 4b 75 Concept Plan – Option 4b 76 Conceptual Rendering – Option 4b 77 If “Old Aylor” was used to further alleviate crowding – Option 4b 79 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday June 3, 2020 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: May 26, 2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on May 26, 2020. Members present were Natalie Gerometta, Gary Longerbeam, Charles Sandy, Jr., Ronald Madagan, Guss Morrison, Amy Strosnider, Randy Carter (electronically), and Mr. Robert Wells (Non-Voting Board Liaison). Members absent: Dennis Grubbs ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1.The staff presented to the Commission the Parks and Recreation Department’s plan to open recreation facilities and programs in the Governor of Virginia’s Safer at Home Phase 2 and Phase 3 parameters. Staff is following the compliance guidelines provided by the CDC, VDH, Virginia Department of Social Services. See Attachment. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors’ Non-Voting Liaison 7: 81 82 83 84 85 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To:Frederick County Board of Supervisors From:Mark R. Cheran, Zoning and Subdivision Administrator Date:June 1, 2020 RE:Snowden Bridge –Section 4 The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Flyfoot Drive, State Route Number 8890.06 miles Staff is available to answer any questions. MRC/slc 86 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors ofFrederick County, inregular meeting onthethday of , adopted the following: WHEREAS, the streetsdescribedon the attachedFormAM-4.3, fully incorporated h Court of Frederick County; and WHEREAS, the ResidentEngineerof theVirginiaDepartmentofTransportationhas advisedthisBoardthat the streetsmeetthe requirementsestablishedby theSubdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the Countyandthe Virginia Departmentof Transportationhaveentered intoanagreementon June9, 1993, forcomprehensivestormwaterdetentionwhich applies to this request for addition; and NOW, THEREFORE,BEITRESOLVED, thisBoardrequeststhe Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHERRESOLVED, thisBoardguaranteesa clearandunrestrictedright-of- way, as described,and any necessary easements for cuts, fills and drainage; and BE IT FURTHERRESOLVED, thatacertifiedcopyofthisresolutionbe forwardedto the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., ChairmanShawn L. Graber J.Douglas McCarthyRobert W. Wells Blaine P. DunnGene E. Fisher Judith McCann-Slaughter A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes.#1-20 87 In the County of Frederick By resolution of the governing body adopted June 10, 2020 Uif!gpmmpxjoh!WEPU!Gpsn!BN.5/4!jt!ifsfcz!buubdife!boe!jodpsqpsbufe!bt!qbsu!pg!uif!hpwfsojoh!cpez(t!sftpmvujpo!gps! dibohft!jo!uif!tfdpoebsz!tztufn!pg!tubuf!ijhixbzt/ B!Dpqz!Uftuff!!!!!!!!!!!!!!!!!!!!!Tjhofe!)Dpvouz!Pggjdjbm*;!```````````````````````````````````````````` Report of Changes in the Secondary System of State Highways Project/Subdivision Snowden Bridge Section 4 Redesign Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:33.2-705,33.2-334 Street Name and/or Route Number Flyfoot Drive, State Route Number 889 Old Route Number: 0 From: Route 890, Buccaneer Court To: 0.064 mile north to end of state maintenance, a distance of: 0.06 miles. Recordation Reference: Instr. 120006090 Page 0399 Right of Way width (feet) = 58' 88 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: June 10, 2020 Page 1 of 1 89 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To:Frederick County Board of Supervisors From:Mark R. Cheran, Zoning and Subdivision Administrator Date:June 1, 2020 RE:Snowden Bridge –Section 7 The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Farmhouse Court, State Route Number 9030.11 miles Farmhouse Court, State Route Number 9030.15 miles Northumberland Drive, State Route Number 9010.09 miles Northumberland Drive, State Route Number9010.07 miles Valise Way, State Route Number 9020.07 miles Blackford Drive, State Route Number 8970.07 miles Staff is available to answer any questions. MRC/slc 8: 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors ofFrederick County, inregular meeting onthethday of , adopted the following: WHEREAS, the streetsdescribedon the attachedFormAM-4.3, fully incorporated h Court of Frederick County; and WHEREAS, the ResidentEngineerof theVirginiaDepartmentofTransportationhas advisedthisBoardthat the streetsmeetthe requirementsestablishedby theSubdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the Countyandthe Virginia Departmentof Transportationhaveentered intoanagreementon June9, 1993, forcomprehensivestormwaterdetentionwhich applies to this request for addition; and NOW, THEREFORE,BEITRESOLVED, thisBoardrequeststhe Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHERRESOLVED, thisBoardguaranteesa clearandunrestrictedright-of- way, as described,and any necessary easements for cuts, fills and drainage; and BE IT FURTHERRESOLVED, thata certifiedcopyofthisresolutionbe forwardedto the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., ChairmanShawn L. Graber J.Douglas McCarthyRobert W. Wells Blaine P. DunnGene E. Fisher Judith McCann-Slaughter A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes. #1-20 91 In the County of Frederick By resolution of the governing body adopted June 10, 2020 Uif!gpmmpxjoh!WEPU!Gpsn!BN.5/4!jt!ifsfcz!buubdife!boe!jodpsqpsbufe!bt!qbsu!pg!uif!hpwfsojoh!cpez(t!sftpmvujpo!gps! dibohft!jo!uif!tfdpoebsz!tztufn!pg!tubuf!ijhixbzt/ B!Dpqz!Uftuff!!!!!!!!!!!!!!!!!!!!!Tjhofe!)Dpvouz!Pggjdjbm*;!```````````````````````````````````````````` Report of Changes in the Secondary System of State Highways Project/Subdivision Snowden Bridge, Section 7 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:33.2-705,33.2-334 Street Name and/or Route Number Farmhouse Court, State Route Number 903 Old Route Number: 0 From: Route 902, Valise Way To: cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 50' Street Name and/or Route Number Farmhouse Court, State Route Number 903 Old Route Number: 0 From: Route 901, Northumberland Drive To: Route 902, Valise Way, a distance of: 0.15 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 50' Street Name and/or Route Number Northumberland Drive, State Route Number 901 Old Route Number: 0 From: Route 897, Blackford Drive To: Route 902, Valise Way, a distance of: 0.09 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 58' 92 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: June 10, 2020 Page 1 of 2 Street Name and/or Route Number Northumberland Drive, State Route Number 901 Old Route Number: 0 From: Route 883, Snowden Bridge Boulevard To: Route 897, Blackford Drive, a distance of: 0.07 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 87' Street Name and/or Route Number Valise Way, State Route Number 902 Old Route Number: 0 From: Route 901, Northumberland Drive To: Route 902, Farmhouse Court, a distance of: 0.07 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 50' Street Name and/or Route Number Blackford Drive, State Route Number 897 Old Route Number: 0 From: Dutchman Court To: Route 901, Northumberland Drive, a distance of: 0.07 miles. Recordation Reference: Instr. #140003652 Pg. 0047 Right of Way width (feet) = 58' 93 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2 94 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From:Mark R. Cheran, Zoning and Subdivision Administrator Date:June 1, 2020 RE:Belleville Farm The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Belleville Court, State Route Number 7720.23 miles Staff is available to answer any questions. MRC/slc 95 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors ofFrederick County, inregular meeting onthethday of , adopted the following: WHEREAS, the streetsdescribedon the attachedFormAM-4.3, fully incorporated h Court of Frederick County; and WHEREAS, the ResidentEngineerof theVirginiaDepartmentofTransportationhas advisedthisBoardthat the streetsmeetthe requirementsestablishedby theSubdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the Countyandthe Virginia Departmentof Transportationhaveentered intoanagreementon June9, 1993, forcomprehensivestormwaterdetentionwhich applies to this request for addition; and NOW, THEREFORE,BEITRESOLVED, thisBoardrequeststhe Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Subdivision Street Requirements; and BE IT FURTHERRESOLVED, thisBoardguaranteesa clearandunrestrictedright-of- way, as described,and any necessary easements for cuts, fills and drainage; and BE IT FURTHERRESOLVED, thatacertifiedcopyofthisresolutionbe forwardedto the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., ChairmanShawn L. Graber J.Douglas McCarthyRobert W. Wells Blaine P. DunnGene E. Fisher Judith McCann-Slaughter A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes.#1-20 96 In the County of Frederick By resolution of the governing body adopted June 10, 2020 Uif!gpmmpxjoh!WEPU!Gpsn!BN.5/4!jt!ifsfcz!buubdife!boe!jodpsqpsbufe!bt!qbsu!pg!uif!hpwfsojoh!cpez(t!sftpmvujpo!gps! dibohft!jo!uif!tfdpoebsz!tztufn!pg!tubuf!ijhixbzt/ B!Dpqz!UftuffTjhofe!)Dpvouz!Pggjdjbm*;!```````````````````````````````````````````` Report of Changes in the Secondary System of State Highways Project/Subdivision Belleville Farm Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:33.2-705, 33.2-334 Street Name and/or Route Number Belleville Court, State Route Number 772 Old Route Number: 0 From: Route 620, Miller Road To: 0.23 mile north to cul-de-sac, a distance of: 0.23 miles. Recordation Reference: Instr. #070003553 Page 0420 Right of Way width (feet) = 50' 97 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: June 10, 2020 Page 1 of 1 98 Peter Roussos COURT SERVICES DIRECTOR TH 26DISTRICT COURT SERVICE UNIT 21South Kent Street., Suite 102 Valerie Boykin Winchester,VA 22601 (540)722-7960 Director Fax: (540)667-4818 #/--/.7%!,4( ®¥ 6)2').)! SERVING: WinchesterCity Efqbsunfou!pg!Kvwfojmf!Kvtujdf Harrisonburg City ClarkeCounty Twenty-SixthJudicial District Court Service Unit FrederickCounty PageCounty RockinghamCounty ShenandoahCounty WarrenCounty June 3, 2020 Ms. Ann W.Phillips, Deputy Clerk to the Board of Supervisors 107 North Kent Street Winchester, Virginia RE: Transfer of Funds Dear Ms. Phillips, th The 26Court Services Unit of the Department of Juvenile Justice would like to respectfully request that the Frederick County Board of Supervisors, in their June2020 meeting, approve the following: We are requesting that state funds under the Virginia Juvenile Community CrimeControl Act (VJCCCA) in the amount of $22,000.00 be transferred from Personnel to Operations. The funds will be utilized to purchase a van to be used by the Timbrook Achievement Center (TAC). This is a local program providing educational services and counseling to Frederick County and City of Winchester youth who are experiencing truancy,lack of educational successand challenging family situations.The van will be used to transport TAC students back and forth from home, to community projectsand other educational activities. The $22,000 from the Personnel category combined with the $15,000 of remaining funds from the Operations category will afford us the opportunity to purchase this van.The TAC program will be responsible for the annual auto insurance premium. The van is a 2020 Ford Transit, 10passenger van. The van has air conditioning and the total price after all discounts and rebates is $37,000. There are two important points for members of the Board of Supervisors to consider in reaching a decision. The first one is that these funds are state funds provided to localities under the Virginia 99 Juvenile Community CrimeControl Act(VJCCCA). Frederick County has been the fiscal agent of these funds for the past 15 years. Frederick County does not provide any matching funding. Second, ifthese VJCCCA funds are not expended they will needto be returned to Richmond at the end of this fiscal year. Your kind cooperation would be greatly appreciated. Please feel free to contact me should you have any questions. Respectfully, Peter Roussos, Director th District Court Service Unit 26 Cell # 540-431-7733 9: Malloy Ford of Winchester Date/Time:6/4/2020 9:38:43AM Buyer:Frederick CountySalesperson:Billy Albright Home (540) 665-5650 2020 Ford Truck Transit Phone: 107 N Kent St Wagon 3dr Van T150 Low Address:WINCHESTER, VA Roof XL 22601 MSRP/Retail$42,795.00 Selling Price$35,240.00 Rebate0.00 Total Savings + Rebate$7,555.00 Government Fee$88.00 Proc/Doc Fee$799.00 Accessories0.00 Service Contract0.00 Total Taxes$72.08 Trade Allowance0.00 Trade Payoff0.00 Cash Down0.00 Amount Financed$36,199.08 :1 :2 :3 :4 COUNTY of FREDERICK Office of the County Administrator Tel: 540.665.6382 Fax:540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: June 3,2020 RE: Committee Appointments Listed below are the vacancies/appointments due through August 2020.As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. MARCH 2020 Conservation Easement Authority (CEA) Ron Clevenger –Frederick County Representative 1028 Welltown Road Winchester, VA 22603 Home: (540)323-0630 Term Expires: 03/23/20 Three-year term (Mr. Clevenger does not wish to serve another term.) (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) JUNE2020 Community Policy and Management Team (CPMT) Dana Bowman, M.A. –Private Provider Representative :5 Memorandum –Board of Supervisors June3,2020 Page 2 Chief Operating Officer Children’s Services of Virginia, Inc. P. O. Box 2867 Winchester, VA 22604 Term Expires: 06/30/20 Two-year term Dawn C. Robbins –Parent Representative 121 Monet Terrace Winchester, VA 22602 Home: (540)664-0027 Term Expires: 06/30/20 Two-year term (See Attached correspondence from the CSA Coordinator recommending reappointment of Dawn Robbins.Dana Bowman is stepping down when her term expires and CSA Coordinator will be recruiting for this position.) Development Impact Model Oversight Committee (DIMOC) The following are recommended by the Chairman for appointment to a one-year term: Kris C. Tierney -County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Judith McCann-Slaughter -Board of Supervisors and EDA Representative Christopher Mohn -Planning Commission Representative John Jewell -Planning Commission Representative Stephen Pettler -Top of Virginia Building Assoc. Representative Rob Frogale -Top of Virginia Building Assoc. Representative Frank E. Wright (appointed as the School Board's Representative in January 2020) (The Development Impact Model (DIM) was adopted by the Board of Supervisors on October 12, 2005 following its creation by the economic consulting firm TischlerBise. The Development Impact Model is an economic tool that the County utilizes when considering land use planning Frederick County policy decisions and rezoning applications. The Development Impact Model has been designed to project fiscal impacts that may result with land use change decisions. The Development Impact Model Oversight Committee (DIM-OC) was created by the Board of Supervisors in 2006 and tasked with overseeing the update of the figures utilized by the Development Impact Model. Members serve a one-year term.) :6 Memorandum –Board of Supervisors June3,2020 Page 3 Social Services Board Ryan C. Shaw –Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 Phone: 877-4978 Term Expires: 06/30/20 Four-year term Mr. Shaw has moved from the Red Bud District.) ((The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large.Members serve a four-year term and are limited to two consecutive terms.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester Karen B. Helm –Non-Profit Sector Representative 311 Fairmont Avenue Winchester, VA 22601 Phone: (540)327-2467 Term Expires: 06/30/20 Three-year term James E. Richard, Jr. –Private Sector Representative Richard’s Fruit Market 6410Middle Road Middletown, VA 22645 Phone: (540)869-1455 Term Expires: 06/30/20 Three-year term Andy Gyurisin –Private Sector Representative 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expired: 06/30/19 Three-year term (See Attached recommendation from the Tourism Board.The Executive Tourism Director advised the Tourism Board unanimously recommends to the Board of Supervisors and City Council the appointment of Laura Kerr, Julie Shaffer and Josh Huff. Per the Tourism Director, the candidates will be instructed to next go :7 Memorandum –Board of Supervisors June3,2020 Page 4 through the City’s online board application process as soon as possible. Tourism Director and Board look forward to having them all join as they would bring a variety of backgrounds and great amount of experience and energy to the Board. The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council ) in April 2001. Winchester Regional Airport Paul G. Anderson, Jr. –Frederick County Representative 1009 Germany Road Stephens City, VA 22655 Phone: (540)869-2182 Term expires: 06/30/20 Four-year term JULY 2020 No appointments due in July. AUGUST 2020 Conservation Easement Authority Judith McCann-Slaughter –Board of Supervisors Representative Term Expires: 08/24/20 Three-year term Diane Kearns –County Representative P. O. Box 2368 Winchester, VA 22604 Phone: (540)667-3390 Term Expires: 08/24/20 Three-year term (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) :8 Memorandum –Board of Supervisors June3,2020 Page 5 Frederick-Winchester Service Authority (FWSA) Wellington “Wendy” H. Jones –Frederick County Representative 299 Lake Serene Drive Winchester, VA 22603 Home: (540)662-1154 Term Expires: 08/31/20 Three-year term (See Attached Application of Gary Oates.Mr. Jones does not wish to serve another term. See Attached.) James R. Wilkins, III –Member-At-Large (Joint Appointmentwith City of Winc.) 13 South Loudoun Street Winchester, VA 22601 Home: (540)722-0779 Term Expires: 08/31/20 Three-year term (The county has three representatives on the Service Authority as is in accordance with the Joint Agreement and Memorandum ofUnderstanding with the City of Winchester. The member-at-large seat is a joint appointment by both localities; therefore, any recommendation for appointment/reappointment is submitted to the City of Winchester for similaraction.) VACANCIES/OTHER Board of Equalization Luther O. Stiles–Frederick County Representative 114 Lane Street Stephens City, VA 22655 Home: (540)869-2504 Term: 01/01/17 -12/31/19 Three-year term (Mr. Stiles does not wish to serve another term.) Vacancy –Frederick County Representative Term Expired 12/31/18 Three-year term :9 Memorandum –Board of Supervisors June3,2020 Page 6 (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2010, the Board of Supervisors appointed the Board of Equalization as a “permanent” board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term; one member for a two-year term; and three members for a three-year term. Going forward, all future appointments shall be for a three-year term. Recommendation for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) AWP/tjp Attachments U:\\TJP\\committeeappointments\\MmosLettrs\\BoardCommitteeAppts(06102020BdMtg).docx :: 211 212 213 214 215 216 217 218 219 21: 221 222 223 224 Dear Board Members, Motion . Amendment to Budget Motion. Having voted in the affirmative for the Frederick County FY21 budget, I would like to offer an amendment to reducethe budget by$4.8 millionwhich represents the projected natural growth of the budgetin FY21 until the Board of Supervisors determinesthat Frederick Countywill actually receivethe projected revenue that was outlined in the budget proposal. Reasons : The $4.8 million represents the expectednatural growthincrease in revenue over the FY20 revenue projections.On a 57/43 split between the schools and county, the dollar amount of withholdings would be $2.8 million to the schools and $2.0 million to the county. To his credit, the county administrator already has made adjustments to his budget to accommodate for the possibility of not having the revenue to meet the budget next year. The county will have a better idea of total actual revenue for FY20 in the next month with exact numbers in August 2020. The schools expected revenue from the state/federal sourcesfor FY21 is expected to actually increaseby $3.9 millionover the FY20 amountswhich may offset part of the $2.8 million held until actually received.The total county transfer to the schools is about $109.1 million. In addition, the schools can consider other cost savingsincluding adjustments for SSO positionsconsidering the county has already funded SRO positions to replace the SSO position, local money spent on pre K,andsubsidized health insurance.The schools also can be saving money currently on not having to pay for coaches who are unable to coach, fuel on buses that are not being used, etc. Jordon Springs canand shouldstill open. Although the county does have a general fund surplus, the county also anticipates having to pay for a new 911 systemof a cost approaching $20 millionandnew capital cost expenditures in the next few years from both the county and schools totaling more than $250 million.Money in that general fund will be needed topay for those expenditures. At a time that county residents are losing their jobs or having to take pay cuts in their positions, the county and schools can help by making small adjustments on their budgets. In a time of uncertainty, the county needs to beprudent and wise and not appropriate money it may not receive until it receives it. Thank you for your consideration. Blaine Dunn 225 226 Joint Board of Supervisors and School Board members work meeting Dear Board Members, Discussion: The Board of Supervisors and the School Board will have a joint meeting and/or retreat in July 2020 to discuss broad educational issues including budgets, means to raise revenue to address a growing population in Frederick County, and/or other issues of concern to members of either the Board of Supervisorsor the School Board. This meeting shall be among elected officials only. Staff and the public are welcome to attend.Members of either board can submit to the Chair of their bodywhat issues they want to cover to help create an agenda for the meeting. Reasons :At the March and April 2020 Board of Supervisors meeting, I raised several budget issues relating to county expendituresand ways to raise revenue to meet the needs of a growing Frederick County population. I also made a presentation outlining proposals to meet school and community needs with a growing populationin March. Included in that presentation were severalpossible solutions to meet Frederick county growth. The purpose of a joint meeting would befor both boardsto spend time together to try to find common ground to meet both county and school needs, to discuss needs versus wants, and to discuss potential additional ways to raise revenue to address the increased costs associated with the expectedhigh growthin this county. The School Board has a meeting in the fallto discuss long tern goals and means of implantation. I have attended the last two meetings. I believe a joint meeting could be productive to all members as we work tougher to meet the needs of our community. I would appreciate your support of a joint meetingto help find common ground to meet all our needs. Feel free to call me if you would like to discuss further. Thank you for your consideration. Blaine Dunn 227 228 229 22: 231 232 233 234 235 236 237 238 239 23: 241 242 243 COUNTY ofFREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment –Development Review Fees for Commercial Telecommunication Facilities CUPs DATE: June 4, 2020 During consideration of the ordinance amendment to create a two-track process for review and approval of commercial telecommunication facilities (which was subsequently approved by the Board of SupervisorsonDecember 12,2019), the Boarddiscussed the feeschedulefor Conditional Use Permit (CUP)applications.Fees forthese types of uses were identified as a potential cbssjfs to local service providers in applying for telecommunication facility permits.The current CUP application fee for telecommunication facilities is $7,000(adopted by the BOSin 2011) which was intended to cover Staff review, potential third-party expert and legal review, legal advertisement and adjoining property notifications for CUPapplications.In January,theBoard further directed Staff to re-evaluate the fees with the intention of reducing the fee. This is a proposed amendment to Dibqufs!276!—\[pojohPsejobodf and to the Efwfmpqnfou!Sfwjfx! Gff!Tdifevmf to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities.The purpose of this reduction in fees is to encourage commercial telecommunication facilities to locate in voefstfswfe areas of the County, in particularthose rural areas west of Interstate 81. The Board discussed this approach as a potential solution in lieu of any further changes to by-right tower height allowance at this time. This may be revisited in the future. The Development Review and Regulations Committee (DRRC) discussed this item at their th February 27meeting. At thatmeeting, Staff proposeda new fee of $750, consistent with all “other” CUP applications (less “cottage occupations” which have a $75 fee),and as directed by the Board of Supervisors. This fee reduction would cover only those costs associated with legal advertisement and adjoining property notifications.The DRRC stated that the proposed fee, $750, was jotvggjdjfou given the complexity of telecommunication applicationsand that the fee should reflect to the type of facility (basedon height) under review. The DRRC further commentedthat towers greater than 50’ and less than100’in heightwould likely be “personal” towers for individualproperty owner for broadband serviceor small local service providers.The DRRC noted towers in greater than100’in heightwould be mainly forlarge commercial telecommunication companies (such as AT&T, Shentel or Verizon), and would require more Staff time and review than smaller towers. The DRRC proposed a revisedfee schedulefor CUPs for commercial 244 telecommunication facilities as follows: Towers greater than 50’ and less than 100’in height -$1,500 Towers greater than 100’ in height-$7,000(current fee) The DRRC generally supported the modified fees, outlined above; however, two (2) DRRC members expressed concern with maintaining the highest fee ($7,000) for towers greater than100’ in height. Ultimately the consensus of the DRRC was to sendthe item forward to the Planning Commission for discussion. th Following the DRRC meeting, the Board of Supervisors at their March 25regular meeting adopted a temporary code amendment to reduce the fee for a CUP for commercial th telecommunication facilities to $750. This temporary change will expire on May 24. th The Planning Commission discussed this item on May 6. During their discussion, the Planning Commission soughtclarification on what theapplicationfee covers. Staff noted that the fee is intended to cover the cost of legal advertising in the local newspaper and adjoining property owner notifications, and that the staff proposed fee of $750 hfofsbmmz covers those cost. In response to a Planning Commissioner comment Staff noted that since the change in the ordinance to allow by- right towers up to 50’ in height and the Board of Supervisors temporary code amendment to reduce the fee to $750 only a small numbersapplications have been receivedfor new towers. CommissionerThomas noted that the fee schedule proposed by the DRRC, $1,500 for towers greater than 50’ in height and less than 100’ in height and $7,000 for towers greater than 100’ in height did not provide enough variability for smaller towers many of which may beapplied for by homeownersor local service providers and serve a much smaller area.Mr, Thomas noted that the fees for taller towers, from large broadband internet service providers such as Shentel, typically require more staff time and the fee should reflect those real costs to the County. Mr. Thomas proposed,and alternative tiered fee schedule as follows: Towers greater than 50’ and less than 75’ in height -$750 Towers greater than 75’ and less than 125’ in height -$2,500 Towers greater than 125’in height -$5,000 Commissioner Oates noted that tiered fees were discussed by theDevelopment Review and Regulations Committee(DRRC)and 100’ was determined by the Committee to be the uisftipme between smaller/local service provider towners (towers less than 100’ in height) and commercial towers for larger companies servicing a broader area (towers greater than 100’ in height).Mr. Oates statedin many cases, public hearings on CUP for telecommunication facilities are tabled for 60-days (or more) and subsequent advertising and notifications are necessary, further increasing the cost to the County.Mr. Thomas agreed with the increased cost of re-advertising.Commissioner Jewell expressed his concern with a substantially reduced fee, $750as proposed by the Board of Supervisors, and the CUP process being taken advantage of by a local service provider when the intent of the tower isn’t to service just one property in need of internet service but to service a broader area around the tower. Commissioner Morrison did not agree with differentiating the fees between various tower heights, citing topography and vegetation variation in western areas of the Countyas challenging to establishing a consistent standard. 245 There was no additional discussion and the Planning Commission did not make any specific changes to the proposed fee schedule proposed by the DRRCand stated their comments should be provided to the Board. The Board of Supervisors discussedthis item at the May 27th meetingand recommended a fee of $750forcommercial telecommunication facilities CUPsto go forward for Public Hearing. The Board stated the proposed $750 fee is intended to cover the cost to the County for advertising, posting, and notifying adjacent property owners. The Board commented that the current coronavirus crisis highlighted the need for expanded broadband internet service to voefstfswfe areas of the County for education and teleworking. Further, the Board noted that the fee only enables submitting a CUP application, and still provides the public and elected officials the opportunity to review and provide comment before towers exceeding 50—FT in height are acted upon. In summary: Proposed Development Review Fee (amount)Fee Proposed By $750County Staff BOS –Temporary Code Amendment (3/2520 – $750 5/24/20) $1,500-Towers greater than 50’ and less than 100’ in height Development Review & Regulations Committee (DRRC) $7,000-Towers greater than 100’ in height $1,500-Towers greater than 50’ and less than 100’ in height Planning Commission (with comments, see summary above) $7,000-Towers greater than 100’ in height Board of Supervisors (with comments, see $750 summary above) The Planning Commission held a public hearing on this proposed ordinance amendment on June rd 3.Following the staff presentation. the Planning Commission expressed concern with making the fee only $750, specifically what impact reducing the CUP fee mayhave on other applications requiring public hearings such as rezonings. The Planning Commission reiterated their support for a tiered fee schedule based on tower height. No members of the public spoke on the proposed ordinance amendment. The Planning Commission voted 8-4-1 (Commissioners Ambrogi, Manuel, Dawson & Morrison –No; Commissioner Mohn absent) to recommend denialof the proposed ordinance amendment and change to the fee schedule to reduce the CUP fee for telecommunication facilities to $750. The attached documentsshowthe existing ordinance with the proposed changesas proposedby th This proposed amendment the Board of Supervisorson May 27(with bold italic for text added). is being presented to the Board of Supervisors as a public hearing item. A decision by the 246 Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments:1.Revisedordinance with additions shown in bold underlined italics. 2.Revised development review fee schedule with additions shown in bold underlined italics. 3.Resolution MTK/pd 247 Revised 05/28/2020 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.Standard process projects. 1.Except as provided in subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. \[based on current intro to County Code § 165-204.19\] 2.Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of$750\[Va. Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the application, including permits and inspection”)\] The application shall be subject to consideration as follows and include the indicated information: a.The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. \[Va. Code § 15.2- 2316.4:1(C)\] b.Information to be included with application: i.A map depicting the search area used in siting the proposed facility or structure \[Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)\]; ii.Identification of all service providers and commercial telecommunications facility infrastructure within the search area \[Va. Code § 15.2-2316.4:2(D);based on current 165-204.19(A)(3)\]; iii.Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so \[Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)\]; iv.Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission’s established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation \[based on current 165-204.19(A)(4)\]; v.An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the 248 13 Page of Revised 05/28/2020 removal of the facility or structure as stated in subsection E \[based on current 165- 204.19(A)(5)\]; and vi.The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. \[Va. Code § 15.2-2316.4:2(C)\] 3.If the Board of Supervisors grants a conditional use permit under this subsection, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value: a.The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure. b.Monopole-type construction shall be required for any newwireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. c.No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. d.When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. e.Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. f.Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildingsand other accessory structures are not visible from adjoining properties, roads, or other rights-of-way. \[the entirety of the above subsection C(3) is based on current 165-204.19(B)\] 4.If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall: a.Provide applicant with a written statement of the reasons for the denial \[Va. Code § 15.2- 249 23 Page of Revised 05/28/2020 2316.4:1(E)(1)\]; b.Identify any modifications of which the County is aware that would permit it to approve the conditional use permit \[Va.Code § 15.2-2316.4:1(E)(2)\]; and c.Have supporting substantial record evidence in a written record publicly released within 30 days of denial \[Va. Code § 15.2-2316.4:1(F)(2)\]. B.Maintenance of existing facilities and/or structures and replacement of existingfacilities and/or structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this section. \[Va. Code § 15.2- 2316.4:3(A)\] C.Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. \[Va. Code § 15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)\] 24: 33 Page of FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 –Effective May 1, 2008, Revised 2/24/2010, 4/28/2010,5/2011, 1/25/2012,1/11/2017, 5/27/2020 COMPREHENSIVE POLICY PLANSITE PLAN Non-residential $ 3,000 non-refundable$ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres REZONING Residential $ 3,500 base $ 1,000 –Proffer amendments not requiring a public $ 300/unit to 20 units hearing $100/unit over 20 units $ 5,000 base + $100/acre –2 acres or less Minor Site Plan $ 500 for revisionthat increases existing $ 10,000 base + $100/acre structurearea by 20% or less & does not exceed 10,000sfof more than 2, less than 150 disturbed area. $ 10,000 base + $100/acre first 150 + $50/acre over 150 acres POSTPONEMENT of any PublicHearing or Public Meeting by Applicantafter Advertisement, to include SUBDIVISION TABLE Applicant requests to anagenda item $ Non-Residential $1,000 base 500/occurrence. Design Plan $ 200/lot Plat $ 100/lot THIRD & SUBSEQUENT PLAN REVIEWS(including Residential (RP, R4, R5 ) County Attorneyreview) for a single development Design Plan $ 2,500/base $100/lot application $ 500/review. Plat $ 200/lot to 50 lots $ 100/lot over 50 lots BOND MANAGEMENT Rural Areas (RA) Establishment of bond$ 500 Sketch (Design) $ 2,500 base $200/acre Reduction/Release$ 300 Plat $ 200/lot Replacement $ 500 Rural Areas (RA) Minor –3 lots or less $ 200/lot TDR PROGRAM Lot Consolidation $ 200/lot TDR Application Review$300 Boundary Line Adj. $ 200/lot (*Review includes TDR Letter of Intent) TDR Certificate$200 Certificate Ownership Transfer$50 VARIANCE $ 400 Receiving Property Approval$200 Reviewof Sending Property BZA APPEAL$ 250 Deed Covenant$100 Review of Deed of Transfer (Extinguishment Document) ZONING CERTIFICATIONLETTER $250 $100 ZONING DETERMINATIONLETTER $100 CHAPTER 161 FEES Installation License $300 SUBDIVISION ORDINANCE EXCEPTION $ 500 Septic Haulers Permit $200 Residential Pump and Haul $50 MASTER DEVELOPMENT PLAN Commercial Pump and Haul $500 $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $ 75 (greater thank 50-FT in height) TelecommunicationTower $750$7,000 251 Other$ 750 ORDINANCE AMENDMENT ______________________________ Action: PLANNING COMMISSION:June 3, 2020Public Hearing Held;Recommended Denial BOARD OF SUPERVISORS: June 10, 2020 Public Hearing Held; AN ORDINANCE AMENDING THEFREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 –ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.19. TELECOMMUNICATION FACILITIES, COMMERCIAL WHEREAS, an ordinanceto amend Chapter 165, Zoning and to revise the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposedchanges at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Planning Commission held a public hearing onthis ordinance amendmenton June 3, 2020and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment onJune 10, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption ofthis ordinance to be in the best interest of the public health, safety,welfare, andin good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoningand the Development Review Fees Schedule, is amended for applications for aconditional use permit (CUP) for commercialtelecommunication facilitiesis $750. 252 1 PDRES #15-20 Passed this 10thday of June2020by the following recorded vote: Charles S. DeHaven, Jr.,ChairmanShawn L. Graber J.Douglas McCarthyBlaineP. Dunn GeneE. FisherRobertW. Wells A COPY ATTEST Judith McCann-Slaughter _____________________ Kris C. Tierney Frederick County Administrator 253 2 PDRES #15-20 254 COUNTY ofFREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment –Zoning Enforcement, Violations & Penalties DATE: June 4, 2020 The Board of Supervisors directed Staff and the Planning Commission to propose ordinance revisions to maximize the penalties for zoning violations. At present, the County enforces the zoning ordinance through the misdemeanor process, but state law also permits the use of civil penalties. If the County adopted civil penalties for specified violations, state law would require the County to pursue civil penalties for those violations, up to an accumulated fine limit of $5,000, before pursuing the misdemeanor process for those violations. The civil penalty process permits an initial fine of $200 and a $500 fine for each 10-day period thereafter for which the violation is not remedied. The misdemeanor process permits fines of $1,000, $1,500, and $2,000 for each successive 10-day period of noncompliance with an initial court directive to remedy a violation (following an initial fine of up to $1,000 for a violation), and a fine of $2,000 for every 10-day period of noncompliance thereafter. The County Code does not currently reflect these subsequent misdemeanor fines, as the General Assembly updated the enabling legislation to include them on multiple occasions since the County’s adoption of its current zoning ordinance in 1990. In theory, then, adoption of civil penalties would essentially require the County to go through 10 iterations of a $500 fine every 10 days before then proceeding to the misdemeanor process, which permits much more robust fines, culminating in the potential of a $2,000 fine every 10 days. If the objective for revisions to the zoning ordinance is to maximize fines in such a way to create a disincentive for violations, proceeding sooner to the $1,000, $1,500, and then repeated $2,000 fines for the subsequent 10-day periods a violation remains unremedied is seemingly the most effective approach. The Development Review and Regulations Committee (DRRC) discussed this item at their th February 27meeting. The DRRC generally supported increasingthe fees under the current misdemeanor process outlined in §165-101.08(A)and the item was sent forward to the Planning Commission for discussion. 255 th The Planning Commission was presentedthis item for discussion on May 6. Following a staff presentation, the Planning Commission generally supported pursuing the highest cost penalty that was easiest for the County to collect under the misdemeanor processand the item was sent forward to the Board of Supervisors. th The Board of Supervisors discussed this item on May 27and recommended the item go forward for public hearing. The Board of Supervisors commented that the increase in penalties for zoning violations was intended to discourage repeat offenders. The Planning Commission held a public hearing on this proposed ordinance amendment on June rd 3.Following the staff presentation, therewas no discussion by the Planning Commission. No members of the public spoke during the public hearing. The Planning Commission recommended approval of the proposed ordinance amendment (12-0-1; Commissioner Mohn –absent) The attached documentsshow the existing ordinance with the proposed changesas proposedby This proposed amendment is being presented to the DRRC (with bold italic for text added). the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments:1.Revisedordinance with additions shown in bold underlined italics. 2.Zoning Violation Enforcement comparison chart. 3.Code of Virginia §15.2-2209, Civil penalties for violations of zoning ordinance. 4.Code of Virginia §15.2-2286, Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties. 5. Resolution MTK/pd 256 CHAPTER 165ZONING Article I General Provisions; Amendments; and Conditional Use Permits § 165-101.08 Violations and penalties; enforcement. It shall be a violation of this chapter to make any use of land in a fashion not expressly permitted by this chapter. A.Misdemeanor. Any person(s), firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter or who uses land or constructs or alters structures in a fashion that is not in conformance with the requirements and procedures in this chapter shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment by a fine of not less than $10 nor more than $1,000. If this violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy such violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within a specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day ; any period, punishable by a fine of not less than $10 nor more than $1,000 such failure during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,500; and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $10 nor more than $2,000 . B.Complaints. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint to the Zoning Administrator, stating fully the case and basis of the complaint. The Zoning Administrator shall record such complaint immediately and investigate and take action as provided by this chapter. C.Notification. When the Zoning Administrator determines that a violation has occurred, a notice of the violation shall be served to the person committing or permitting the violation. The notice of the violation shall specify the nature of the violation and shall order that the violation cease within a reasonable time specified by the Zoning Administrator. D.Appeal. The interpretation of the Zoning Administrator that a violation has occurred may be appealed to the Board of Zoning Appeals following procedures set forth in this chapter. The order to cease the violation may be stayed until the 257 appeal is heard, provided that the appeal is filed on a timely basis. E.Enforcement. If the violation continues after the time period specified in the notice of violation expires, the Zoning Administrator may initiate injunction, mandamus or any other appropriate action to ensure compliance with this chapter. In addition, the Frederick County Attorney or other prosecuting attorney appointed by the Board of Supervisors shall proceed to prosecute the violation. F.Civil penalties. The Board of Supervisors may adopt an ordinance which establishes auniform schedule of civil penalties for violations of specific provisionsof this chapter according to the provisions of the Code of Virginia, as amended.Such schedule of offensesshall not includeany zoning violation Thecivil penalty resulting in injury to any person or persons. In such cases, the shall be a fine established by the schedule.The fine shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor. subject to acivil penalty G.Any person summoned for a scheduledviolation may provide a waiver of trial and admission of liability and pay the civil penalty to the County Treasurer. Such persons shall be informed of their right to stand trial and that an admission of liability will have the same effect as a judgment of the court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admission of liability, the violation shall be tried in the General District Court as provided for by law. An admission of liability or finding of liability shall not be a criminal conviction. 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Dpef!2:61-!¨!26.:79/6<!2:73-!d/!518-!¨!26/2.5:2<!2:75-!d/!675<!2:77-!d/!566<!2:79-!dd/!654-!6:6< 2:84-!d/!397<!2:85-!d/!658<!2:86-!dd/!::-!686-!68:-!693-!752<!2:87-!dd/!82-!51:-!581-!794<!2:88-!d/ 288<!2:89-!d/!654<!2:8:-!d/!293<!2:93-!d/!55<!2:94-!d/!4:3<!2:95-!d/!349<!2:98-!d/!9<!2:99-!dd/!592- 967<!2:9:-!dd/!46:-!495<!2::1-!dd/!783-!979<!2::3-!d/!491<!2::4-!d/!783<!2::5-!d/!913<2::6-!dd/!462- 586-!695-!714<2::7-!d/!562<2::8-!dd/!63:-!654-!698<2::9-!d/!496<2:::-!d/!8:3<3111-!dd/!875-!928< 3112-!d/!351<3113-!dd/!658-!814<3116-!dd/!736-!788<3117-!dd/!415-!625-!644-!:14<3118-!dd/!932-!:48< 3119-!dd/!3:8-!428-!454-!692-!6:4-!831-!888<311:-!d/!832<3123-!dd/!415-!429<3125-!d/!465<3128-!d/ 4:9<3129-!d/!837/ ¡! Uif!dibqufst!pg!uif!bdut!pg!bttfncmz!sfgfsfodfe!jo!uif!ijtupsjdbm!djubujpo!bu!uif!foe!pg!uijt!tfdujpo nbz!opu!dpotujuvuf!b!dpnqsfifotjwf!mjtu!pg!tvdi!dibqufst!boe!nbz!fydmvef!dibqufst!xiptf qspwjtjpot!ibwf!fyqjsfe/ ¡! 268 :303803131 ORDINANCE AMENDMENT ______________________________ Action: PLANNING COMMISSION:June 3, 2020Public Hearing Held;Recommended Approval BOARD OF SUPERVISORS: June 10, 2020 Public Hearing Held; AN ORDINANCE AMENDING THEFREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENT; AND CONDITIONAL USE PERRMITS §165-101.08 VIOLATIONS AND PENALTIES; ENFORCEMENT WHEREAS, an ordinanceto amend Chapter 165, Zoning and to revise the current ordinance,to maximize thepenalties for zoning violations. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposedchanges at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meetingonMay 27, 2020 and agreed with the proposed changes; and WHEREAS, the Planning Commission held a public hearing onthis ordinance amendmenton June 3, 2020and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment onJune 10, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption ofthis ordinance to be in the best interest of the public health, safety,welfare, andin good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoningis amended maximizing fines in such a way to create a disincentive for violations, enabling fines up to the $1,000, $1,500, and then repeated $2,000 fines for the subsequent 10-day periods as enabled to localities by the Code ofVirginia §15.2-2286; and 269 1 PDRES #14-20 Passed this 10thday of June2020by the following recorded vote: Charles S. DeHaven, Jr.,ChairmanShawn L. Graber J.Douglas McCarthyBlaineP. Dunn GeneE. FisherRobertW. Wells A COPY ATTEST Judith McCann-Slaughter _____________________ Kris C. Tierney Frederick County Administrator 26: 2 PDRES #14-20