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September 9 2020 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 9, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 1 . Call to Order 2. Invocation 3. Pledge of Allegiance 4. Adoption of Agenda 5. Citizen Comments — For agenda items that are not the subject of a Public Hearing 6. Consent Agenda - Roll Call Vote Required 6.A. Minutes of Closed Session & Regular Meeting of August 12, 2020 BOS09-09-20MinutesRegularMeetingl2August2020.pdf 6.B. Minutes of Planning Commission Joint Work Session of August 12, 2020 BOS09-09-20MinutesJointWorkSession 12August2020.pdf 6.C. Parks & Recreation Commission Report of August 11, 2020 BOS09-09-20ParksAndRecCom mission Report lAugust2020.pdf 6.D. Human Resources Committee Report of August 14, 2020 BOS09-09-20H RCom m itteeReportl 4August2020.pdf 6.E. Finance Committee Report of August 19, 2020 BOS09-09-20FinanceCommitteeReportl 9August2020.pdf 6.F. Public Safety Committee Report of August 20, 2020 BOS09-09-20Pu blicSafetyCom m itteeReport20August2020.pdf 1 Board of Supervisors Regular Meeting Agenda Page 2 September 9, 2020 Consent Agenda, continued 6.G. Transportation Committee Report of August 24, 2020 BOS09-09-20TransporationCommitteeReport 24August2020.pdf 6.H. Joint Finance Committee Report of August 26, 2020 BOS09-09-20JointFinanceCom m itteeReport26August2020.pdf 6.1. Road Resolution - Regents Crescent / Regents Crest BOS09-09-20RoadResolution RegentsCrescent.pdf 6.J. Approval of Changes to the Human Resources Policy as Recommended by the Human Resources Committee in Response to Code Revisions Recently Passed by the General Assembly BOS09-09-20H RComm itteeReport14August2020.pdf 6.K. Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation Undisclosed Taxpayer— Disabled Veteran's Relief - $5,911.74 BOS09-09-20RequestForRefu nd.pdf 7. Board of Supervisors Comments 8. County Officials 8.A. Committee Appointments 1. Parks and Recreation Commission Four-year term of At-Large Rep. Amy Cline Strosnider expires 9-14-20 Ms. Strosnider is eligible and willing to serve another term 2. Economic Development Authority Unexpired four-year terms ending 9-10-22 and 11-10-20 See attached applications of Rick Till and Susan Brooks 3. Regional Jail Authority Four-year term of Robert W. Wells expires 10-13-20 Supervisor Wells is eligible to serve another term BOS09-09-2013oardCom m itteeAppts(0090920Mtg).pdf 2 Board of Supervisors Regular Meeting Agenda Page 3 September 9, 2020 9. Committee Business - Finance Committee 9.A. Finance Committee Business ( * ) Items 1, 2, 5, and 9 were approved on the Committee consent agenda. 1. ( ) The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$51,281. This amount represents a carry forward of unspent FY20 funds for carpet installation that is currently in process. Approved on Committee Consent Agenda. 2. ( * ) The F&R Chief requests a General Fund supplemental appropriation in the amount of$76,000. This amount represents a carry forward of unspent grant funds for the Stephens City Swiftwater Team. The grant and appropriation were originally approved by the BOS on 11/13/19. Approved on Committee Consent Agenda. 3. The P&R Director requests a General Fund supplemental appropriation in the amount of$55,000. This amount represents proffer funds for an outdoor gym facility at Clearbrook Park. The P&R Commission approved the request on August 11, 2020. The committee recommends approval. 4. The Public Works Director requests a General Fund supplemental appropriation in the amount of$20,000. This amount represents funds donated and reserved for the spaying and neutering of shelter pets. The Public Works Committee approved the request on July 28, 2020. No local funds required. The committee recommends approval. 5. ( * ) The Public Works Director requests a General Fund supplemental appropriation in the amount of $2,495. This amount represents unspent FY20 grant funds for environmental education. The grant appropriation was originally approved by the BOS on 10/23/19. The Public Works Committee approved the request on July 28, 2020. Approved on Committee Consent Agenda. 6. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $1,327,298. This amount represents a carry forward of unspent FY20 funds for various projects. The Public Works Committee approved the request on July 28, 2020. The committee recommends approval. 7. The Sheriff requests General Fund supplemental appropriation in the amount of$11,492.03. This amount represents 2 auto insurance claims and will go toward auto repair and the purchase of a new vehicle. No local funds required. The committee recommends approval. 8. The EDA Director requested discussion on the tax rate for data centers as follows: $1.25 per$100 in assessed property value, subject to declining values for depreciation. The committee recommends approval of the proposed tax rate. See the proposed resolution attached here: BOS09-09-20ResolutionSettingDataCenterTaxRate.pdf 9. ( * ) The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. Approved on Committee Consent Agenda. BOS09-09-20FinanceCommitteeReport19August2020.pdf 3 Board of Supervisors Regular Meeting Agenda Page 4 September 9, 2020 10. Public Hearings (Non Planning Issues) 10.A. Outdoo Festival Permit Request- of G eekRaftiefi d;1+� — Ceenai.+men+ AnniveFsary of the Battle of GedaF GFeeL Withdrawn by the Applicant Because of the Event's Cancellation 10.13. Outdoor Festival Permit Request of Rotary Club of Winchester— Annual Shenandoah Valley Apple Harvest Festival. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required;Application; Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be Held on Saturday and Sunday, September 19 and 20, 2020, from 10:00 A.M. to 5:00 P.M. Each Day, on the Grounds of Frederick County Fairgrounds, 250 Fairground Road, Clearbrook, Virginia, Stonewall Magisterial District. Property Owned by Frederick County Fair. BOS09-09-20RotaryClu bOutdoorFestivalPerm itApp.pdf 10.C. Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020- 2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents the second half of the Coronavirus Aid, Relief and Economic (CARES)Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BOS09-09-20FY21 BudgetAmend mentCARES-SecondHalf.pdf 11. Planning Commission Business - Public Hearings 11.A. Conditional Use Permit #06-20 for Darin Hockman Submitted to Construct an 80-Foot Commercial Telecommunication Facility. The Property is Located at Darkwood Trail in Shawneeland and is Identified with Property Identification Number 49B02-123-136 in the Back Creek Magisterial District. BOS09-09-20CUP06-20DarinHockmanTelecommunicationTower.pdf 4 Board of Supervisors Regular Meeting Agenda Page 5 September 9, 2020 Planning Commission Business - Public Hearings, continued 11.B. Conditional Use Permit #07-20 for Darin Hockman Submitted to Construct a 100-Foot Commercial Telecommunication Facility. The Property is Located at 201 Darterjo Road, Middletown and Is Identified with Property Identification Number 84-A-27D in the Back Creek Magisterial District. BOS09-09-20CUP07-20 Dari nHockmanTelecommunicationTower.pdf 11.C. Conditional Use Permit #09-20 for Richard and Susan Daugherty Submitted to Construct a 100-Foot Commercial Telecommunication Facility. The Property is Located at 348 Peeper Lane, Winchester, Virginia and is Identified with Property Identification Number 22-A-19G in the Gainesboro Magisterial District. BOS09-09-20CUP09-20RichardSusanDaugherty.pdf 11 .D. Conditional Use Permit #08-20 for Samuel H. Smith Jr. Submitted for Establishment of a Special Event Facility in the RA (Rural Areas) Zoning District. The Property is Located at 1147 North Pifer Road, Star Tannery, Virginia and is Identified with Property Identification Number 69-A-28 in the Back Creek Magisterial District. BOS09-09-20CUP08-20SamuelSmithJrSpecialEventCenter.pdf 11.E. 2020-2025 Agricultural and Forestal District Update — This Public Hearing is to Consider the Renewal of the Albin, Apple Pie Ridge, Double Church, Green Spring, Red Bud, South Frederick and South Timber Ridge Districts. The Renewal of These Districts will Establish a Total of 10,779.34 Acres. This Public Hearing is to Also Consider the Establishment ofTwo (2) Additional Districts. The Back Mountain District with a Total of 489.91 Acres and Reliance District with a Total of 203 Acres. The Total 11,472.25 Acreage within the Agricultural and Forestal District Program is for the Ensuing Five-Year Period. Properties that are Incorporated into an Agricultural and Forestal District are Guaranteed Certain Protection as Specified in Section 15.2-4300 of the Code of Virginia. BOS09-09-20Ag_ForestalDistrict.pdf 5 Board of Supervisors Regular Meeting Agenda Page 6 September 9, 2020 12. Planning Commission Business - Other Planning Business 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 6 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Minutes of Closed Session & Regular Meeting of August 12, 2020 Attachments: BOS09-09-20MinutesRegularMeetingl2August2020.pdf 7 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 12, 2020 4:00 and 7:00 P.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; Gene E. Fisher; and Judith McCann-Slaughter; were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; John Bishop, Assistant Director of Planning-Transportation; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner; Denny Linaburg, Fire Chief;Steve Majchzrak,Assistant Fire Chief;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 4:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec 2.2- 3711(A)(3) for discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and pursuant to Virginia Code Section 2.2-3711(A)(1), for personnel matters related to a specific candidate for the position of Fire Chief. Supervisor McCarthy seconded the motion. Supervisor Fisher moved to amend the motion to delete the second reason concerning a personnel matter from the motion, and Supervisor Slaughter seconded the motion to amend. Supervisor McCarthy noted his request for the closed session and said it was appropriate to have Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 1 8 the discussion. Supervisor Dunn concurred. Supervisor Graber said he had background information going back ten years that he wished to provide to the Board in closed session. The motion to amend carried on a roll call vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Dunn said the Board members try to work together and as a general courtesy should agree to a closed session if one member requests it. Supervisor Graber said it was selfish to enter the closed session on the amended motion and that the Board should be able to discuss all issues. The amended motion to enter the closed session only pursuant to Virginia Code Sec 2.2- 3711(A)(3) for discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye At 5:00 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells, seconded by Supervisor McCarthy and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor McCarthy seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 2 9 RECESS At 5:02 p.m., Chairman DeHaven recessed the meeting. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Dennis Smith of Valley Bible Church in Stephens City delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Wells, the agenda was adopted as presented on a voice vote. CITIZENS COMMENTS Alan Morrison, Gainesboro District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. John Ferraro, Back Creek District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Bill Wiley, member of Winchester City Council and candidate for 29th District seat in the Virginia House of Delegates, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Shawn Pugh, Red Bud District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Debbie Berg, Back Creek District, spoke in favor of the Board passing the Resolution to Honor the 100th anniversary of the passage of the 19th Amendment granting women the right to Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 3 10 vote. Theodore Theologis, Stonewall District, spoke in opposition to the adoption of the revised Final Master Plan for the Old Charleston Road Park. He asked that the Board postpone action until his attorney provides additional information regarding his opposition. Brandon Angel, Winchester City resident, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented except that the item titled Adoption of Revised Final Master Plan for the Old Charlestown Road Park be tabled. The motion was seconded by Supervisor McCarthy and carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye - Minutes of Closed Session & Regular Meeting of July 8, 2020 - CONSENT AGENDA APPROVAL - Parks and Recreation Commission Report of July 14, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 - Finance Committee Report of July 15, 2020 - CONSENT AGENDA APPROVAL,Appendix 2 -Transportation Committee Report of July 27, 2020 - CONSENT AGENDA APPROVAL,Appendix 3 - Public Works Committee Report of July 28, 2020 - CONSENT AGENDA APPROVAL,Appendix - Resolution of Appreciation — F. Dixon Whitworth, Jr. -CONSENT AGENDA APPROVAL FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION F.DIXON WHITWORTH,JR. WHEREAS,Mr.Whitworth was appointed to the Commonwealth Transportation Board by Governor Bob McDonnell in September 2012 and while his second term ended June 30th, 2020, he continues to serve until his replacement is appointed; and WHEREAS, as a member of the Commonwealth Transportation Board, Mr. Whitworth has been consistently open, available, and supportive of local elected leaders and citizens and; WHEREAS, during his tenure,Mr.Whitworth oversaw the implementation of House Bill 2,later renamed the SmartScale program,which created a data driven process for the selection of transportation projects for funding; and Frederick County Bourd of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 4 11 WHEREAS, Mr. Whitworth has exercised extraordinary leadership of the Revenue Sharing program, resulting in its preservation as an important resource to localities;and WHEREAS,Mr.Whitworth's guidance during the implementation of the needs analysis and new funding stream allocation for I-81 led to localities receiving an equitable share of identified needs and programmed improvements;and WHEREAS,through all of these efforts,Mr.Whitworth oversaw the completion or funding of numerous projects in Frederick County including but not limited to: • Route 277 widening and reconstruction from Exit 307 to Double Church Road and the Aylor Road Realignment • 1-81 widening from Exit 313 to Exit 317 • I-81 Exit 310 reconstruction • Numerous interchange improvements and upgrades along I-81 • Route 11 North(Southbound)widening from Exit 317 to Route 37 • Snowden Bridge Blvd.from Route 11 North to Milburn Road revenue sharing project • Renaissance Drive from Route 11 South to Prosperity Drive revenue sharing project • Renaissance Drive from Prosperity Drive to Shady Elm Road revenue sharing project • Crossover Boulevard from Route 522 across I-81 to the City of Winchester Revenue Sharing project • Replacement and Capacity improvements to the Exit 313 Bridge • Reconstruction of Sulphur Springs Road • Route 11 Bridge over Cedar Creek NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its most sincere thanks and appreciation to Dixon Whitworth for his devotion to service and dependability and wishes him all the best in his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. + + + + + + + + + + + + + + - Road Resolution —Christo Rey Estates—Loretto Drive - CONSENT AGENDA APPROVAL ROAD RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS,the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Requirements;and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of-way,as described, and any necessary easements for cuts,fills and drainage;and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 5 12 - Road Resolution —Twin Lakes Overlook, Phase 9, Section 2-CONSENT AGENDA APPROVAL ROAD RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Requirements;and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of-way,as described, and any necessary easements for cuts,fills and drainage;and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Artisan Plumbing Inc.—$6,253.76 Brian Omps Towing & Repair LLC—$3,660.23 Fernando Nabor Cruz Velasco—$3,807.92 Lease Plan USA, Inc. —$25,297.05 + + + + + + + + + + + + + + -Request to Adopt Revised Fee Schedule for Issuance of Land Disturbance Permits— CONSENT AGENDA APPROVAL RESOLUTION ADOPTING REVISED FEES SCHEDULE FOR ISSUANCE OF LAND DISTURBANCE PERMITS WHEREAS,upon consideration of the Public Works Department's costs of administration of the County's erosion and sediment control program,and to ensure that the County captures the costs of administration of that program,the Board of Supervisors finds that increases in fees for that program are appropriate,as set forth herein;THEREFORE,the Board of Supervisors approves the following fees for the erosion and sediment control program,effective 10-1-2020,pursuant to County Code Section 143-235 Fees. Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 6 13 Frederick County, Virginia Fee schedule for VSMP/VESCP permits (Effective October 1, 2020) Table 1:Fees for coverage under the VSMP Construction General Permit/VESCP Type of Permit Total Fee Paid Portion to be by Applicant Paid to DEQ VESCP permit fee (all land disturbing activities,excluding individual single $500 + N/A family dwellings) $100/acre VESCP permit fee (land disturbing activities begun without permit,excluding $1,500 + N/A individual single family dwellings) $200/acre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale with land disturbance acreage less than five (5)acres) $290 N/A VESCP permit fee (single family dwellings begun without permit) $580 N/A VESCP single family dwelling re-inspection fee $75 N/A VSMP General/Stormwater Management-Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) $2,700 $756 VSMP General/Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) $3,400 $952 VSMP General/Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) $4,500 $1,260 VSMP General/Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) $6,100 $1,708 VSMP General/Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres) $9,600 $2,688 A. Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. + + + + + + + + + + + + + + Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 7 14 - Acceptance of the County's Share of Coronavirus Relief Fund Payments -CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + ADOPTION OF REVISED FINAL MASTER PLAN FOR THE OLD CHARLESTOWN ROAD PARK- POSTPONED + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked those who came to speak in support of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. COUNTY OFFICIALS: COMMITTEE APPOINTMENTS SCOTT STROSNIDER RECOMMENDED FOR APPOINTMENT TO BOARD OF EQUALIZATION —APPROVED Supervisor Slaughter moved to recommend Scott Strosnider for appointment by the Judge of the Circuit Court to a three-year term on the Board of Equalization. The motion, seconded by Vice Chairman Wells, carried on a voice vote. JUDITH MCCANN-SLAUGHTER AND DIANE KEARNS RE-APPOINTED AND PHILIP HAINES APPOINTED TO THE CONSERVATION EASEMENT AUTHORITY—APPROVED Supervisor McCarthy moved to reappoint Judith McCann-Slaughter and Diane Kearns and to appoint Philip Haines to three-year terms on the Conservation Easement Authority. The motion, seconded by Supervisor Graber, carried on a voice vote. BRANDON MONK APPOINTED TO THE LFCC BOARD—APPROVED Supervisor Graber moved to appoint Brandon Monk to fill an unexpired four-year term LFCC Board. The motion, seconded by Supervisor Dunn, carried on a voice vote. Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 8 15 ELIZABETH KOZEL APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY — APPROVED Supervisor Fisher moved to appoint Elizabeth Kozel to a four-year tern on the Winchester Regional Airport Authority.The motion,seconded by Supervisor McCarthy, carried on a voice vote. RESOLUTION RECOGNIZING THE 100TH ANNIVERSARY OF WOMEN'S RIGHT TO VOTE - APPROVED Supervisor Dunn moved for approval of a resolution recognizing the 100th anniversary of the passage of the 19th Amendment to the U. S. Constitution. The motion seconded by Supervisor McCarthy carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION RECOGNIZING THE 100TH ANNIVERSARY OF WOMEN'S RIGHT TO VOTE WHEREAS an organized movement to enfranchise women began in July 1848, at a convention in Seneca Falls,New York; WHEREAS through the efforts of brave and courageous women referred to as suffragists who sacrificed family,their personal life and their financial resources for over seventy years to gain equal rights for women, especially the right to vote; WHEREAS women and men,of every race and creed, supported the woman's suffrage movement for women to gain the constitutional right of having a voice in making the laws that govern them; WHEREAS the woman's suffrage movement led to the passage of the 19A Amendment to the Constitution of the United States in 1919,with ratification of the last state necessary on August 26, 1920; WHEREAS women today constitute a majority of voters in the nation and are running for office in higher numbers and more active in the election process than ever before in history; NOW,THEREFORE,BE IT RESOLVED,that the 100th anniversary of women gaining the right to vote in the United States is recognized by the Frederick County Board of Supervisors for the impact these historic accomplishments have on citizen engagement and the civic life of the community,the state, and the nation. BE IT FURTHER RESOLVED that August 2020 be declared Women's Suffrage Month in Frederick County. + + + + + + + + + + + + + + RESOLUTION TO NOT REGULATE OR PROHIBIT THE OTHERWISE LEGAL PURCHASE, POSSESSION, OR TRANSFER OF FIREARMS OR AMMUNITION—APPROVED Supervisor Dunn moved for approval of a resolution to not regulate or prohibit the otherwise Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 9 16 legal purchase, possession, or transfer of firearms or ammunition. The motion seconded by Supervisor Graber, carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION WHEREAS,we the Board of Supervisors,of Frederick County,Virginia affirm our commitment to uphold the constitutionally protected rights of all of our law-abiding citizens and law-abiding visitors to Frederick County;and, WHEREAS,the Frederick County Board of Supervisors previously passed a resolution dated December 11,2019 reaffirming our commitment to uphold and protect the right of our citizens to keep and bear arms;and, WHEREAS,certain legislation has been passed in the Virginia General Assembly that allows localities to,by ordinance,ban otherwise lawfully possessed and transported firearms from certain public spaces, causing law-abiding citizens to be exposed to a patchwork of local ordinances as they travel throughout our Commonwealth;and, WHEREAS,the Frederick County Board of Supervisors acknowledges the significant economic contribution made to our community by tourists and visitors and does not wish to discourage travel to Frederick County;and, WHEREAS,Frederick County wishes to welcome all law-abiding citizens who wish to live in,visit,or otherwise participate in the economy of our community,including those citizens and visitors who choose to legally carry a firearm for personal protection;and, WHEREAS,the Frederick County Board of Supervisors does not wish to infringe on the rights of the law-abiding citizens of,or visitors to,Frederick County to keep and bear arms;and, WHEREAS,we the Frederick County Board of Supervisors,as the lesser magistrates of our Commonwealth,on behalf of the citizens of Frederick County,express our continued opposition to any law that would unconstitutionally restrict the natural rights of our law-abiding citizens and visitors to, Frederick County to keep and bear arms. NOW,THEREFORE,BE IT RESOLVED by the Board of Supervisors of Frederick County Virginia: That the Frederick County Board of Supervisors hereby declares that we shall not exercise any authority granted to us by§ 15.2-915(E)of the Code of Virginia to regulate or prohibit the otherwise legal purchase,possession,or transfer of firearms or ammunition. Furthermore,the Frederick County Board of Supervisors hereby declares that to create uniformity within the Commonwealth of Virginia, § 15.2- 915(E)of the Code of Virginia and all other restrictive gun legislation enacted this year should be immediately repealed. + + + + + + + + + + + + + + LETTER OF SUPPORT FOR LOCATING NATIONAL GARDEN OF AMERICAN HEROES IN FREDERICK COUNTY—APPROVED Supervisor Graber moved that staff be directed to compose a letter of support to the Secretary of the Interior for Frederick County being the location for the proposed National Garden of American Heroes. Vice Chairman Wells seconded the motion which carried on a voice vote. Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 10 17 + + + + + + + + + + + + + + RESOLUTION CONSENTING TO THE FILING OF A CONDITIONAL USE PERMIT APPLICATION FOR A UTILITY-SCALE SOLAR POWER GENERATING FACILITY ON RIGHTS-OF-WAY WITHIN THE SPRINGDALE GLEN AND CARROLLTON ESTATES SUBDIVISIONS -APPROVED Supervisor McCarthy moved for approval of the resolution consenting to the filing of a conditional use permit application for a utility-scale solar power generating facility on rights-of- way within the Springdale Glen and Carrollton Estates subdivisions. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION CONSENTING TO THE FILING OF A CONDITIONAL USE PERMIT APPLICATION FOR A UTILITY-SCALE SOLAR POWER GENERATING FACILITY ON RIGHTS-OF-WAY WITHIN THE SPRINGDALE GLEN AND CARROLLTON ESTATES SUBDIVISIONS WHEREAS,Frederick County has received a conditional use permit application(the "Application")for a utility-scale solar power generating facility(the"Solar Facility")on approximately 957 acres,generally located along Passage Road(Route 648),Marlboro Road(Route 631),and Springdale Road(Route 649),west of the CSX rail corridor and partially within the limits of the Town of Stephens City;and WHEREAS,among the parcels that the Application includes are the entirety of the Springdale Glen(Tax Parcel Numbers 74-7-1 through 74-7-12)and Carrollton Estates(Tax Parcel Numbers 74-5-1 through 74-5-52)Subdivisions(the"Subdivisions"),which are owned by the Applicants for the Application;and WHEREAS,the Subdivisions,which are presently unbuilt,also include various unbuilt road rights-of-way(the"Rights-of-Way"),which have been dedicated to Frederick County pursuant to applicable law;and WHEREAS,operation of the Solar Facility would require the use of the parcels within the Subdivisions,which parcels are owned by private party applicants,and of the Rights-of-Way,which are owned by the County by virtue of their previous dedication,but only the private party applicants are parties to the Application;and WHEREAS,the Applicants for the Application also desire to include the Rights-of-Way as part of the Application,subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application;and WHEREAS,the Applicants for the Application need the consent of the Board of Supervisors to include the Rights-of-Way in the Application,subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application; NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors consents to the filing of the Application to include,in part,the Rights-of-Way,subject to and expressly conditioned,however,upon Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 11 18 the vacation of the Subdivisions, in the event the Board approves the Application and adopts a condition as part of any such conditional use permit,to the effect that the conditional use permit shall not be effective unless and until the vacation of the Subdivisions is approved and recorded. + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard;the Sheriff requests a General Fund supplemental appropriation in the amount of$2,512.31. This amount represents an auto claim reimbursement; and the Public Works Director requests a General Fund supplemental appropriation in the amount of $1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050.This amount represents traffic control reimbursements. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$13,756.06 ($2,014.16 pending receipt of funds).This amount represents reimbursements from the IRS for overtime and travel. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Frederick County Bourd of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 12 19 Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID- 19 for the November 2020 federal elections only. In addition, a consensus to submit the certification to receive the funds is requested. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye PUBLIC HEARINGS (NON-PLANNING ISSUES) TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF CANAAN SPRINGS LLC AND ABIGAIL LINABURG -APPROVED County Administrator Tierney explained the applicant currently has also applied for a conditional use permit for an event facility, but the process has been delayed because outside reviewing agencies were unable to inspect the site during the pandemic. He said the matter of the Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 13 20 conditional use permit would be on the Planning Commission agenda next week and before the Board in September. Deputy County Administrator Tibbs noted that the Twelve Month permit is based on a calendar year and would therefore expire in December. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber spoke on behalf of the facility and moved for approval of the permit. Vice Chairman Wells seconded the motion. Supervisors Dunn and McCarthy discussed the application noting that the applicant had scheduled events before knowing whether the conditional use permit would be granted. Supervisor Graber said the applicant had not intended to be asking for a twelve month permit because without the pandemic the conditional use permit would have been decided on before these events were confirmed. The motion carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye AMENDMENT TO THE 2020-2021 FISCAL YEAR BUDGET-APPROVED Mr. Tierney explained the funds received by the County through the Coronavirus Aid, Relief and Economic Security(CARES)Act including Coronavirus Relief Funds (CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVI D-19 pandemic. He said the funds must be spent by December 30, 2020. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving the Amendment to the 2020-2021 Fiscal Year Budget, and Supervisor McCarthy seconded the motion. Supervisor Dunn said the funds are tax dollars that should not be spent just because they are there, but should be spent only if truly necessary. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 14 21 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS,the U.S.Congress passed and the President recently signed the Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020;and WHEREAS,localities were allocated funding from the CARES Act through multiple sources,but primarily from the Coronavirus Relief Fund(CRF)allocations which the Commonwealth of Virginia allocated to localities based on population;and WHEREAS,CRF funds may be used for qualifying expenses to cover costs that 1)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19);2)were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or local government;and 3)were incurred during the period that begins March 1,2020,and ends on December 30,2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction(Middletown and Stephens City);and WHEREAS,agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia;and WHEREAS,Pursuant to Title 15.2,Chapter 25,Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid,Relief and Economic Security(CARES)Act Coronavirus Relief Funds(CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED,estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year,but shall remain appropriated until the completion of the project or until the Board of Supervisors,by appropriate resolution,changes or eliminates the appropriation. BE IT FURTHER RESOLVED,CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. + + + + + + + + + + + + + + AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 7 ELECTIONS, SECTION 7-3 CENTRAL ABSENTEE VOTING PRECINCT—APPROVED Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving the Amendment to the Frederick County Code, Chapter 7 Elections, Section 7-3 Central Absentee Voting Precinct, and Vice Chairman Wells seconded the motion. Supervisor McCarthy moved to amend the motion adding that it pertain only to the Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 15 22 November 2020 election. The motion to amend carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye The amended motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE August 12,2020 The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts)of Chapter 7(Elections)of the Code of Frederick County,Virginia be,and the same hereby is,amended by enacting an amended Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts)of Chapter 7(Elections)of the Code of Frederick County,Virginia,as follows and to take effect immediately(addition is shown in bold underline): CHAPTER 7 Elections ARTICLE I Magisterial Districts § 7-3 Central Absentee Voting Precinct. The Central Absentee Voting Precinct for all elections is to be held at 107 North Kent Street (County Administration Building), Winchester, Virginia, in a first-floor conference room, and, for the November 2020 election,at 261-263 Sunnyside Plaza Drive(m Sunnyside Plaza),Winchester,Virginia. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT#04-20 FOR ROBERT S. BLANKINSHIP ET AL,—APPROVED Mark Cheran, Zoning & Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 70-foot telecommunication facility and accessory structure. He said should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 16 23 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of Conditional Use permit #04-20 for Robert S. Blankinship. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#04-20 ROBERT S.BLANKINSHIP,ETALS WHEREAS,CONDITIONAL USE PERMIT APPLICATION#04-20 was submitted by George P.Hughes on behalf of Robert S. Blankinship to construct a commercial telecommunication facility consisting of a 70-foot commercial telecommunication facility and accessory structure was considered. The property is located at 100 Archwood Trail,Winchester,Virginia and is further identified with Property Identification Number 491303-123-215 in the Back Creek Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July 1,2020 and recommended approval of this Conditional Use Permit;and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on August 12,2020;and, WHEREAS,the Frederick County Board of Supervisors fmds the approval of this Conditional Use Permit to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit Application#04-20 for a commercial telecommunication tower consisting of a 70-foot commercial telecommunication facility and accessory structures on the parcel identified with Property Identification Number 491303-123-215 is approved with the following conditions: 1.All review agency comments and requirements shall be complied with at all times. 2.The tower shall be available for collocating personal wireless service providers. 3.The tower shall be removed by the Applicant or Property Owner within twelve(12)months of abandonment of operation. 4.Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 17 24 UPDATE OF THE 2020-2021 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS —APPROVED John Bishop, Assistant Director of Planning-Transportation, introduced the draft update of the 2020-2021 Frederick County Primary and Interstate Road Improvement Plans. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved to adopt the resolutions for the Interstate and Primary plans as presented. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 2020-2021 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on July 27,2020; and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 5,2020; and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS,the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Interstate Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore,the Frederick County Board of Supervisors hereby approves the 2020-2021 Interstate Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on August 12,2020 2020-2021 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on July 27,2020; and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on August 5,2020; and, Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 18 25 WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS,the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Primary Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore,the Frederick County Board of Supervisors hereby approves the 2020-2021 Primary Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on August 12,2020. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS REQUEST TO SET PUBLIC HEARING -ORDINANCE AMENDMENT—DAY-CARE FACILITIES —APPROVED Tyler Klein, Senior Planner, reviewed the Planning Commission's request to have a public hearing on the proposed amendment of the definition of day care facilities. The Board and staff discussed the request and the type of facilities included in the definition. Supervisor McCarthy moved to forward the matter to public hearing by the Planning Commission with the definition added to all zoning districts. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ARTICLE I GENERAL PROVISIONS;AMENDMENTS;AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02—DEFINITIONS AND WORD USAGE WHEREAS,an ordinance to amend Chapter 165,Zoning to amend the definition contained in§165-101.02 Definitions and word usage for"Day-Care Facility"; and Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 19 26 WHEREAS, the proposed changes expand the Zoning Ordinance definition for "Day-Care Facility" to include the care,protection and guidance of adults in addition to children; and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their June 25,2020 regular meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on August 5,2020 and agreed with the proposed changes; and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 12,2020. WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare,and good zoning practice,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 to expand the definition for"Day-Care Facility"to included"adult-care." + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Mark Stepongzi, Jr.., Gainesboro District, thanked the Board for passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted the proposal for a joint meeting with the School Board and suggested that staff poll the members for possible dates in the latter half of October. Supervisor Fisher requested that staff send to the Governor a copy of the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Graber, the meeting was adjourned at 8:30 p.m. Frederick County Board of Supervisors Closed Session and Regular Meeting Minutes *August 12,2020 20 27 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Minutes of Planning Commission Joint Work Session of August 12, 2020 Attachments: BOS09-09-20MinutesJointWorkSession 12August2020.pdf 28 MINUTES JOINT WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS PLANNING COMMISSION COMPREHENSIVE PLANS AND PROGRAMS COMMITTEE (CPPC) WEDNESDAY, AUGUST 12, 2020 5:30 P.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; J. Douglas McCarthy; Judy McCann-Slaughter and Shawn L. Graber were present. Planning Commission & CPPC: Kevin W. Kenney; Robert S. Molden; Lawrence R. Ambrogi; Gary R. Oates; Kathleen "Kay" Dawson; H. Paige Manuel; Alan L. Morrison; J. Rhodes Marston; Roger Thomas; Charles Triplett; John Jewell; and Greg Poole. Planning Commission members Chris Mohn; Gregory L. Unger; and William H. Cline were absent. Staff Present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning&Development; Candice Perkins,Assistant Director of Planning & Development; John Bishop, Assistant Director of Planning & Development- Transportation; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner; Patrick Barker, Director of the Economic Development Authority; Denny Linaburg, Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. Planning Commission Chairman Kevin Kenney called the meeting to order at 5:30 p.m. Planning Director Mike Ruddy reviewed the work session agenda. Frederick County Board of Supervisors Planning Commission Joint Work Session Minutes *August 12,2020 1 29 1. Comprehensive Plan Amendment (CPPA) Request for 2020: •CPPA#01-20—Waverly Farm—Sewer and Water Service Area(SWSA) Expansion Request; Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A Assistant Planning Director Candice Perkins reviewed the request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 145.5+/- acres. She said the site currently contains 51.36 +/- acres in the SWSA and seeks to expand the SWSA to include the surrounding acreage adding the properties are currently zoned RA (Rural Areas) Zoning District and are currently utilized for agricultural purposes. She said the Northeastern Frederick Land Use Plan shows the area inside of and surrounding the current limits of the SWSA with a mixed use industrial/office land use designation; the remainder of the area (33- A-69) is planned for future industrial and noted that the properties are located west and adjacent to Interstate-81, south of Hopewell Road and are in the Stonewall Magisterial District. Ms. Perkins said the Comprehensive Plans and Programs Committee (CPPC) discussed this request at their July 13, 2020 meeting including the comments from Frederick Water that the water and sewer planning efforts in the Northeastern area of Frederick County had evolved since this area was last evaluated by the CPPC in 2019. She said while water infrastructure is being developed in support of future land uses in the Northeast, sewer will not be readily available in this area soon. She concluded saying the CPPC recommended sending the request forward for further study as an individual amendment, however, the CPPC remains supportive that a larger land use study is initiated of the entire Northeast Land Use Plan (NELUP) that reexamines land use, transportation and utility availability. Following discussion, the Board and Commission members reached consensus that that there be further simultaneous study of the SWSA for both the Waverly Farm amendment request and the entire Northeast area. The broader Northeast Land Use Plan (NELUP) would be a future effort. Frederick County Board of Supervisors Planning Commission Joint Work Session Minutes *August 12,2020 2 30 2. Planning project items: The Board, Commission, and staff briefly discussed Special Event Centers, Conditional Use Permits (CUPs) and Rural Areas in general. There was discussion of having a longer work session in the fall where more in-depth discussion could take place. ADJOURN The meeting was adjourned at 6:50 p.m. Frederick County Board of Supervisors Planning Commission Joint Work Session Minutes *August 12,2020 3 31 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Parks & Recreation Commission Report of August 11, 2020 Attachments: BOS09-09-20ParksAndRecCommissionReport1 l August202O.pdf 32 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday September 9,2020 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: August 12,2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on August 11, 2020. Members present were Natalie Gerometta,Gary Longerbeam, Charles Sandy,Jr., Ronald Madagan, Guss Morrison, Dennis Grubbs, and Randy Carter(electronically). Members absent:Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Buildings and Grounds Committee made a motion to allow FCPS to utilize the Community Center at Sherando High School for school space during the hybrid school model period, seconded by Mr. Longerbeam,and carried unanimously(7-0). 2. The Buildings and Grounds made a motion to use$SS,000 in proffer funds for the installation of an outdoor gym at Clearbrook Park,seconded by Mr. Longerbeam,and carried unanimously(7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action.See Attachment 1. 3. Mr. Madagan made a motion on behalf of the Committee (due to the time sensitivity of the request) to allow Frederick County American Little League to apply for a grant that would provide roofing for the dugouts and two additional batting cages for Stonewall Park,seconded by Mr.Grubbs, and carried unanimously(7-0). Cc: Charles R.Sandy, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison 33 1-08-03-2020 VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. PROPOSED OUTDOOR FITNESS ZONE d da f or �I w 7J This do4oirient Is for jimspntWlim purpo"r oriy.not for EIEn9trNGfldn. tatePore rev b.;Qin inst+aomoon,ply contact G meretWids al fddg'-316.70J7 or for up to date Muenpstion iMlnKthM!; lbW praw taW loam D=- dosi7eutd lcr prve an tM*W R11"xln ztz paper W 00 Greenfields VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. 1-08-03-2020 Outdoor ltne '- PROPOSED OUTDOOR FITNESS ZONE PromoNn9 fyeJFmess 0 Fdglft 0bearty ane Camman*at a 780e: Engineered wood fiber surfacing �a F A ofdo w a► y+ r tea' E C PROPOSED EQUIPMENT LEGEND A SGR2005-1-04 2-Person Tai-Chi Spinners ' + " B SGR2005-1-22 4-Person Pendulum,Abs,&Dip Station H C SGR2005-1-23 2-Person Air Walker D SGR2005-1-26 2-Person Cross-Country Ski E SGR2005-1-28 Seated Core Strengtheningto ; F SGR2005-1-46 4-Person Twisting StationD G SGR2005-1-49 Recumbent Bike ., r *� �. H SGR2005-1-92 Stair Climber G I SHP2009-5-03 Elliptical Cross Trainer .i SHP2009-7-31 Balance Beam � • These 10 units may serve up to 19 people at a time. i 1 This document is for presentation purposes only,not for construction. Before you begin installation,please contact Greenfields at(888).315-9037 or csc@greenfieidsfltness.com for up to date Installation instructions. This presentation has been designed for printing on tabloid(11°x17")sized paper. W U1 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Human Resources Committee Report of August 14, 2020 Attachments: BOS09-09-20HRCommitteeReport14August2020.pdf 36 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday,August 14,2020 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Boardroom at 107 North Kent Street on Friday,August 14,2020 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler; Beth Lewin; Kim McDonald and Bob Wells Staff present: Michael Marciano, Human Resources Director; Delois Blevins, HR Manager (dialed in);Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; and Delsie Jobe,Assistant Court Services Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: The below recommended changes reflect the County's response to code revisions recently passed by the legislature and signed by the governor. 1. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 5.1: Equal Opportunity Employer and Open Competition (Exhibit A). 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 8.2: Holidays(Exhibit B). 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 15.7: Non-Retaliation/Reporting of Illegal Activity (Exhibit C). 4. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 20: Non-Discrimination/Non-Harassment (Exhibit D). Ms. McDonald moved to approve the policies and Mr. Butler seconded the motion. The committee recommends approval,5 in favor&0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert(Bob)Wells By L' Michael J. Marciano, Director of Human Resources 37 Exhibit A Policy 5.1: Equal Opportunity Employer and Open Competition Considered at the August 14, 2020 HR Committee Meeting 38 V. RECRUITMENT.SELECTION AND EMPLOYMENT 5.1 Equal Opportunity Employer and Open Competition All positions covered by these policies shall be open to all persons who possess the requirements for the positions as indicated in the official class specifications.The recruitment objective is to obtain well qualified applicants for all vacancies with selection based on the best qualified person available at the salary offered for the particular position. It is the policy of Frederick County to comply with all federal and state laws providing for nondiscrimination in employment regarding qualified individuals with disabilities.Frederick County will not discriminate against qualified individuals,including those who are pregnant and/or have pregnancy related medical conditions,in regard to recruiting,hiring,promotion,termination,layoff,recall,transfer,compensation,training or other terms,conditions and privileges of employment. Frederick County will provide reasonable accommodation for qualified individuals in accordance with state and federal law. Please see Section XX for more information. Frederick County further provides equal employment opportunities to all applicants for employment and prohibits discrimination and harassment of any type with regard any trait or characteristic protected by federal,state or local laws. This policy applies to all terms and conditions of employment,including recruiting,hiring,promotion, termination,layoff,recall,transfer,compensation,training or other terms,conditions and privileges of employment. For a list of classes currently protected by state and federal laws,please see the addendum to Section XX. 5.2 Original Employment An individual beginning employment with the County for the first time shall,except as described below,usually be placed at the first step of the pay range established for the class in which he/she is employed and that employment date should be defined as his date of hire. Based on a new employee's prior experience,proficiency,and other relevant criteria in the same or related capacity,placement may be accelerated within the assigned range upon approval of the County Administrator within current budget restraints. Appointments may be made below the minimum for a person who lacks the desired qualifications of the position; such persons are considered Trainees until such time as they acquire the minimum qualifications,at which time they are advanced to the normal entrance salary of the position. 5.3 Reemployment When an individual is re-employed after a separation of thirty(30)or more calendar days,a new date of hire shall be established for computation of all merit increases and other salary adjustments. A returning employee who is re- employed will,except as described below,be placed at the lowest step of the position's approved pay range. Based on the returning employee's prior proficiency and experience in the same or related capacity,an acceleration of up to and including the fourth step of the assigned range may be made upon recommendation by the Department Head and approval of the County Administrator.All time earned in previous employment shall not be counted toward the probationary period,annual leave,service awards,or any other longevity based program or benefit.Rather,only that time earned following actual re-employment shall be counted. 5.4 Reinstatement An individual returning to the employ of the County within thirty(30)or less calendar days of separation,shall return to duty in the same position and class subsequent to the approval of the Department Head and the County Administrator. The appropriate pay step within the approved range of the class for all reinstated employees shall be determined by the County Administrator. Hire dates for all reinstated employees will remain the same as that associated with prior employment. All time earned previous to reinstatement shall be counted toward the probationary period,annual leave,service award,or any other longevity based program or benefit. Additionally, accrued paid leave will be utilized to cover the actual time missed prior to reinstatement.Should paid leave not be available,leave without pay will be utilized to cover the actual time missed prior to reinstatement. 5.5 Temporary Employment Persons may be employed to temporary positions without commitment as to tenure. Temporary employees may be part-time or full time,not eligible for benefits,and subject to re-evaluation by Department Head. 39 S.6 Temporary Appointments Persons may be appointed to temporary positions without commitment as to tenure.Temporary appointments are for full time,benefit eligible positions and subject to re-evaluation by Department Head. Temporary appointments are also eligible for a salary increase with the approval of the Department Head and County Administrator. 5.7 Reclassification When such a position cannot accurately be described or compensated by assignment to an existing class or position, the County Administrator shall establish a new class or position,based upon written documentation submitted by the Department Head,with appropriate range and title,subject to approval by the Board of Supervisors. A reclassification is the assignment of the employee's regular and continuing duties to a descriptive and commensurate class or position. Reclassification does not adjust the employee's hire date. 5.8 Promotion Based upon recommendation by the Department Head,employees may be considered for promotion and their salary may be adjusted.The County Administrator shall have the final authority to approve such promotions and any corresponding salary adjustments. The effective date of all promotions will be the first day of the month in which the promotion takes place. Employees who are promoted and are eligible for a merit evaluation may receive the scheduled merit increase. 5.9 Transfer Between Departments When an employee makes a transfer between departments,no change of status or hire date occurs. 5.10 Appointing Authorities The appointing authority is the person or group of persons having authority to make appointments under the laws of the State and the County. Each Constitutional Officer is the appointing authority for his department.The County Administrator approves appointments for all other positions covered by these policies;additionally,the Board of Supervisors appoints the County Administrator. Updated/Approved: 02/13/2013 40 Code of Virginia Title 2.2. Administration of Government Chapter 39. Virginia Human Rights Act. § 2.2-3900. Short title;declaration of policy. A. This chapter shall be known and cited as the Virginia Human Rights Act. B. It is the policy of the Commonwealth to: 1. Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability in places of public accommodation, including educational institutions and in real estate transactions; 2. Safeguard all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or status as a veteran; 3. Preserve the public safety, health, and general welfare; 4. Further the interests, rights, and privileges of individuals within the Commonwealth; and 5. Protect citizens of the Commonwealth against unfounded charges of unlawful discrimination. 1987, c. 581, §§ 2.1-714, 2.1-715; 1997, c. 404;2001, c. 4`;2020, cc. 1137, 1140. § 2.2-3901.Definitions. A. The terms "because of sex or gender" or "on the basis of sex or gender" or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of pregnancy, childbirth, or related medical conditions, including lactation. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all purposes as persons not so affected but similar in their abilities or disabilities. B. The term "gender identity," when used in reference to discrimination in the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. C. The term "sexual orientation," when used in reference to discrimination in the Code and acts of the General Assembly, means a person's actual or perceived heterosexuality, bisexuality, or homosexuality. D. The terms "because of race" or "on the basis of race" or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists. E. For purposes of this chapter, "lactation" means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. 1987, c. 581, § 2.1-716; 1991, c. 457; 1997, c. 404;2001, c. 81-4,;2005, c. 851-);2020, cc. 107, 152, I137, 1138, 1139, 1140. 1 7/29/2020 41 § 2.2-3902. Construction of chapter;other programs to aid persons with disabilities,minors,and the elderly. The provisions of this chapter shall be construed liberally for the accomplishment of its policies. Conduct that violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin is an unlawful discriminatory practice under this chapter. Nothing in this chapter shall prohibit or alter any program, service, facility, school, or privilege that is afforded, oriented, or restricted to a person because of disability or age from continuing to habilitate, rehabilitate, or accommodate that person. In addition, nothing in this chapter shall be construed to affect any governmental program, law or activity differentiating between persons on the basis of age over the age of 18 years (i)where the differentiation is reasonably necessary to normal operation or the activity is based upon reasonable factors other than age or (ii) where the program, law or activity constitutes a legitimate exercise of powers of the Commonwealth for the general health, safety and welfare of the population at large. Complaints filed with the Division of Human Rights of the Department of Law(the Division) in accordance with § 2.2-520 alleging unlawful discriminatory practice under a Virginia statute that is enforced by a Virginia agency shall be referred to that agency. The Division may investigate complaints alleging an unlawful discriminatory practice under a federal statute or regulation and attempt to resolve it through conciliation. Unsolved complaints shall thereafter be referred to the federal agency with jurisdiction over the complaint. Upon such referral, the Division shall have no further jurisdiction over the complaint. The Division shall have no jurisdiction over any complaint filed under a local ordinance adopted pursuant to § 15.2-965. 1987, c. 581, § 2.1-717; 1991, c. 457; 1997, c. 404;2000, c. 95-);2001, c. 844;2012, cc. 803, 835; 2020, cc. 1137, 1140. § 2.2-3903.Repealed. Repealed by Acts 2020, c. 1140, cl. 2. § 2.2-3904.Nondiscrimination in places of public accommodation;definitions. A. As used in this section, unless the context requires a different meaning: "Age" means being an individual who is at least 18 years of age. "Place of public accommodation" means all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations. B. It is an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, to refuse,withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, or to segregate or discriminate against any such person in the use thereof, or to publish, circulate, issue, display, post, or mail, either directly or indirectly, any communication, notice, or advertisement to the 2 7/29/2020 42 effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused,withheld from, or denied to any individual on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or status as a veteran. C. The provisions of this section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association, or society that is not in fact open to the public, or any other establishment that is not in fact open to the public. D. The provisions of this section shall not prohibit(i) discrimination against individuals who are less than 18 years of age or(ii) the provision of special benefits, incentives, discounts, or promotions by public or private programs to assist persons who are 50 years of age or older. E. The provisions of this section shall not supersede or interfere with any state law or local ordinance that prohibits a person under the age of 21 from entering a place of public accommodation. 2020, c. 1140. § 2.2-3905.Nondiscrimination in employment;definitions;exceptions. A. As used in this section: "Age" means being an individual who is at least 40 years of age. "Employee" means an individual employed by an employer. "Employer" means a person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. However, (i) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, national origin, status as a veteran, sex, sexual orientation, gender identity, marital status, pregnancy, or childbirth or related medical conditions including lactation, "employer" means any employer employing more than five persons and (ii) for purposes of unlawful discharge under subdivision B 1 on the basis of age, "employer" means any employer employing more than five but fewer than 20 persons. "Employment agency" means any person, or an agent of such person, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer. "Joint apprenticeship committee" means the same as that term is defined in § 40.1-120. "Labor organization" means an organization engaged in an industry, or an agent of such organization, that exists for the purpose, in whole or in part, of dealing with employers on behalf of employees concerning grievances, labor disputes,wages, rates of pay, hours, or other terms or conditions of employment. "Labor organization" includes employee representation committees, groups, or associations in which employees participate. "Lactation" means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. B. It is an unlawful employment practice for: 1. An employer to: 3 7/29/2020 43 a. Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual's compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin; or b. Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual's status as an employee,because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin. 2. An employment agency to: a. Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; or b. Classify or refer for employment any individual on the basis of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 3. A labor organization to: a. Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; b. Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; or c. Cause or attempt to cause an employer to discriminate against an individual in violation of subdivisions a or b. 4. An employer, labor organization, or joint apprenticeship committee to discriminate against any individual in any program to provide apprenticeship or other training program on the basis of such individual's race, color, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 5. An employer, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 4 7/29/2020 44 6. Except as otherwise provided in this chapter, an employer to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin as a motivating factor for any employment practice, even though other factors also motivate the practice. 7. (i)An employer to discriminate against any employees or applicants for employment, (ii) an employment agency or a joint apprenticeship committee controlling an apprenticeship or other training program to discriminate against any individual, or(iii) a labor organization to discriminate against any member thereof or applicant for membership because such individual has opposed any practice made an unlawful employment practice by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. 8. An employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or(iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or national origin when religion, sex, age, or national origin is a bona fide occupational qualification for employment. C. Notwithstanding any other provision of this chapter, it is not an unlawful employment practice: 1. For (i) an employer to hire and employ employees; (ii) an employment agency to classify, or refer for employment, any individual; (iii) a labor organization to classify its membership or to classify or refer for employment any individual; or (iv) an employer, labor organization, or joint apprenticeship committee to admit or employ any individual in any apprenticeship or other training program on the basis of such individual's religion, sex, or age in those certain instances where religion, sex, or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular employer, employment agency, labor organization, or joint apprenticeship committee; 2. For an elementary or secondary school or institution of higher education to hire and employ employees of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a particular religion; 3. For an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment, pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate 5 7/29/2020 45 because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; 4. For an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; 5. For an employer to provide reasonable accommodations related to pregnancy, childbirth or related medical conditions, and lactation,when such accommodations are requested by the employee; or 6. For an employer to condition employment or premises access based upon citizenship where the employer is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute or regulation of the federal government or any executive order of the President of the United States. D. Nothing in this chapter shall be construed to require any employer, employment agency, labor organization, or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of such individual's or group's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin in any community. E. The provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities. 2020, c. 110. § 2.2-3906. Civil action by Attorney General. A. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this chapter, or that any person or group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief. B. In such civil action, the court may: 1. Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter, as is necessary 6 7/29/2020 46 to assure the full enjoyment of the rights granted by this chapter. 2. Assess a civil penalty against the respondent (i) in an amount not exceeding$50,000 for a first violation and (ii) in an amount not exceeding$100,000 for any subsequent violation. Such civil penalties are payable to the Literary Fund. 3. Award a prevailing plaintiff reasonable attorney fees and costs. C. The court or jury may award such other relief to the aggrieved person as the court deems appropriate, including compensatory damages and punitive damages. D. Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection A that involves an alleged discriminatory practice pursuant to this chapter with respect to which such person is an aggrieved person. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under§ 2.2-3908. 2020, c. - 140). § 2.2-3907.Procedures for a charge of unlawful discrimination;notice;investigation;report; conciliation;notice of the right to file a civil action;temporary relief. A. Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint in writing under oath or affirmation with the Division of Human Rights of the Department of Law(the Division). The Division itself or the Attorney General may in a like manner file such a complaint. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful discrimination. B. Upon perfection of a complaint filed pursuant to subsection A, the Division shall timely serve a charge on the respondent and provide all parties with a notice informing the parties of the complainant's rights, including the right to commence a civil action, and the dates within which the complainant may exercise such rights. In the notice, the Division shall notify the complainant that the charge of unlawful discrimination will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or circuit court. C. The complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either party pursuant to this chapter and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Division or admissible in evidence in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made. D. Once a charge has been issued, the Division shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Division. The report shall be a confidential document subject to review by the Attorney General, authorized Division employees, and the parties. The review shall state whether there is reasonable cause to believe the alleged unlawful discrimination has been committed. E. If the report on a charge of discrimination concludes that there is no reasonable cause to 7 7/29/2020 47 believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a civil action. F. If the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Division shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion. When the Division determines that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, the Division shall issue a notice that the case has been closed and the complainant shall be given notice of his right to commence a civil action. G. At any time after a notice of charge of discrimination is issued, the Division or complainant may petition the appropriate court for temporary relief, pending final determination of the proceedings under this section, including an order or judgment restraining the respondent from doing or causing any act that would render ineffectual an order that a court may enter with respect to the complainant. Whether it is brought by the Division or by the complainant, the petition shall contain a certification by the Division that the particular matter presents exceptional circumstances in which irreparable injury will result from unlawful discrimination in the absence of temporary relief. H. Upon receipt of a written request from the complainant, the Division shall promptly issue a notice of the right to file a civil action to the complainant after (i) 180 days have passed from the date the complaint was filed or(ii) the Division determines that it will be unable to complete its investigation within 180 days from the date the complaint was filed. 2020, c. 1140. § 2.2-3908. Civil actions by private parties. A. An aggrieved person who has been provided a notice of his right to file a civil action pursuant to § 2.2-3907 may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. B. If the court or jury finds that unlawful discrimination has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory and punitive damages and the court may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate. C. Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon intervention, the Attorney General may obtain such relief as would be available to a private party under subsection B. 2020, c. 1.140. § 2.2-3909. Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy,childbirth, or related medical conditions. A. As used in this section: 8 7/29/2020 48 "Employer" means any person, or agent of such person, employing five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. "Lactation" means lactation as defined in § 2.2-3905. "Reasonable accommodation" includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth. "Related medical conditions" includes lactation. B. No employer shall: 1. Refuse to make reasonable accommodation to the known limitations of a person related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. a. In determining whether an accommodation would constitute an undue hardship on the employer, the following shall be considered: (1) Hardship on the conduct of the employer's business, considering the nature of the employer's operation, including composition and structure of the employer's workforce; (2) The size of the facility where employment occurs; and (3) The nature and cost of the accommodations needed. b. The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer. 2. Take adverse action against an employee who requests or uses a reasonable accommodation pursuant to this section. As used in this subdivision, "adverse action" includes failure to reinstate any such employee to her previous position or an equivalent position with equivalent pay, seniority, and other benefits when her need for a reasonable accommodation ceases. 3. Deny employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the known limitations of such applicant or employee related to pregnancy, childbirth, or related medical conditions. 4. Require an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of such employee. C. Each employer shall engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided. 9 7/29/2020 49 D. An employer shall post in a conspicuous location and include in any employee handbook information concerning an employee's rights to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions. Such information shall also be directly provided to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee's providing notice to the employer that she is pregnant. E. An employee or applicant who has been denied any of the rights afforded under subsection B may bring an action in a general district or circuit court having jurisdiction over the employer that allegedly denied such rights. Any such action shall be brought within two years from the date of the unlawful denial of rights, or, if the employee or applicant has filed a complaint with the Division of Human Rights of the Department of Law or a local human rights or human relations agency or commission within two years of the unlawful denial of rights, such action shall be brought within 90 days from the date that the Division or a local human rights or human relations agency or commission has rendered a final disposition on the complaint. If the court or jury finds that an unlawful denial of rights afforded under subsection B has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory damages, back pay, and other equitable relief. The court may also award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate. F. The provisions of this section regarding the provision of reasonable accommodation for known limitations related to pregnancy, childbirth, and related medical conditions shall not be construed to affect any other provision of law relating to discrimination on the basis of sex or pregnancy. 2020, cc. 1138, 1139, 2.2-3904. 10 7/29/2020 50 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission @ U.S. Equal Employment Opportunity Commission Title VII of the Civil Rights Act of 1964 EDITOR'S NOTE. The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), os amended, os it appears in volume 42 of the United States Code, beginning of section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair PoyAct of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the.C,RA(which is printed elsewhere in this publication) amends the Revised Statutes by adding o new section following section 1977(42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII os enacted appear in italics following each section heading. Editor's notes also appear in italics. An Act To enforce the constitutional right to vote,to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations,to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education,to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs,to establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1964". DEFINITIONS SEC. 2000e.[Section 701] For the purposes of this subchapter- https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 1/3 51 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (a) The term "person" includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies,joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11[originolly, bankruptcy], or receivers. (b) The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5[United States Code]), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26[the Internal Revenue Code of 1986], except that during the first year after March 24, 1972[the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-five employees (and their agents) shall not be considered employers. (c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. (d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee,joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (e) A labor organization shall be deemed to be engaged in an industry affecting commerce if(1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or(2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-five or more during the first year after March 24, 1972[the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization- (1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 etseq.], or the Railway Labor Act, as amended [45 U.S.C. 151 etseq.]; https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 2/3 52 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (5) is a conference, general committee,joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection. (f) The term "employee" means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office.The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (g) The term "commerce" means trade, traffic, commerce,transportation,transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. (h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959[29 U.S.C. 401 etseq.], and further includes any governmental industry, business, or activity. (i) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico,the Virgin Islands,American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act[43 U.S.C. 1331 etseq.]. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 3/3 53 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (j) The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (k) The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)]shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion. (l) The term "complaining party" means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter. (m) The term "demonstrates" means meets the burdens of production and persuasion. (n) The term "respondent" means an employer, employment agency, labor organization,joint labor- management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title. APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT SEC. 2000e-1. [Section 702] (a) Inapplicability of subchapter to certain aliens and employees of religious entities This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (b) Compliance with statute as violative of foreign law https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 4/3 54 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission It shall not be unlawful under section 2000e-2 or 2000e-3 of this title[section 703 or 704]for an employer(or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located. (c) Control of corporation incorporated in foreign country (1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title[section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer. (2) Sections 2000e-2 and 2000e-3 of this title[sections 703 and 7041 shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on- (A) the interrelation of operations; (B) the common management; (C) the centralized control of labor relations; and (D) the common ownership or financial control, of the employer and the corporation. UNLAWFUL EMPLOYMENT PRACTICES SEC. 2000e-2. [Section 703] (a) Employer practices It shall be an unlawful employment practice for an employer- (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation,terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 5/3 55 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (2) to limit, segregate, or classify his employees or applicants for employment in anyway which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (b) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. (c) Labor organization practices It shall be an unlawful employment practice for a labor organization- (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-- management committee controlling apprenticeship or other training or retraining, including on-the-- job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. (e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 6/3 56 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission or refer for employment any individual, or for an employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion. (f) Members of Communist Party or Communist-action or Communist-front organizations As used in this subchapter,the phrase "unlawful employment practice" shall not be deemed to include any action or measure taken by an employer, labor organization,joint labor management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950[50 U.S.C. 781 et seq.]. (g) National security Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if- (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and (2) such individual has not fulfilled or has ceased to fulfill that requirement. (h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 7/3 57 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29[section 6(d) of the Labor Standards Act of 1938, os amended]. (i) Businesses or enterprises extending preferential treatment to Indians Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation. (j) Preferential treatment not to be granted on account of existing number or percentage imbalance Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. (k) Burden of proof in disparate impact cases (1) (A)An unlawful employment practice based on disparate impact is established underthis subchapter only if- (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 8/3 58 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice. (B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice. (ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of"alternative employment practice". (2)A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter. (3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act[21 U.S.C. 801 et seq.]or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin. (l) Prohibition of discriminatory use of test scores It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 9/3 59 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. (n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders (1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B). (B)A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws- (i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had- (1) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and (11) a reasonable opportunity to present objections to such judgment or order; or (ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact. (2) Nothing in this subsection shall be construed to- (A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened; (B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 10/3 60 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; (C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or (D) authorize or permit the denial to any person of the due process of law required by the Constitution. (3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge,that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code]. OTHER UNLAWFUL EMPLOYMENT PRACTICES SEC. 2000e-3. [Section 704] (a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on—the-job training programs,to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge,testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. (b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 11/3 61 Exhibit 6 Policy 8.2: Holidays Considered at the August 14, 2020 HR Committee Meeting 62 VIII. WORK HOURS,HOLIDAYS.LEAVE 8.1 Hours of Work Generally,office hours are from 8:OOam to 5:OOpm.Individual work schedules are set at the Department Head's discretion based upon business requirements. 8.2 Holidays The County shall observe federal and state holidays and other such holidays as may be prescribed by the Board of Supervisors.When a holiday falls on a Saturday,it shall be observed on the preceding Friday;when the holiday falls on a Sunday,it shall be observed on the following Monday.All full-time employees of the County shall be entitled to holiday benefits. Current holidays observed by the County are: Martin Luther King's Day Presidents'Day Apple Blossom Friday Memorial Day Fourth of July Labor Day Columbus Day Election Day Veterans Day Wednesday before Thanksgiving,noon closing Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Day. Personnel,who are not called upon to work during a holiday,will be paid for the holiday at straight time.If personnel are required to be on duty during a holiday because of the nature of their position,they shall be paid for the holiday plus their hours worked. Holiday pay shall be granted based on the scheduled work day of theemployee.If an employee is regularly scheduled to work an 8-,10-or 12-hour day,he/she will receive 8 hours of holiday pay.Firefighters scheduled to work a 24-hour shift will receive 10 hours of holiday pay. 63 Code of Virginia Title 2.2. Administration of Government Chapter 33. State Holidays and Other Special Days § 2.2-3300. Legal holidays It is the policy of the Commonwealth to fix and set aside certain days in the calendar year as legal holidays for the people of Virginia. In each year, the following days are designated as legal holidays: January 1 — New Year's Day. The third Monday in January — Martin Luther King, Jr., Day to honor Martin Luther King, Jr., (1929-1968), defender of causes. The third Monday in February— George Washington Day to honor George Washington (1732- 1799), the first President of the United States. The last Monday in May— Memorial Day to honor all persons who made the supreme sacrifice in giving their lives in defense of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising(1622), French and Indian Wars (1754-1763), Revolutionary War(1775-1783), War of 1812 (1812-1815), Mexican War (1846-1848),War Between the States (1861-1865), Spanish-American War(1898), World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953), Vietnam War(1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). On this day all flags, national, state, and local, shall be flown at half— staff or mast to honor and acknowledge respect for those who made the supreme sacrifice. July 4 — Independence Day to honor the signing of the Declaration of Independence. The first Monday in September — Labor Day to honor all people who work in Virginia. The second Monday in October— Columbus Day and Yorktown Victory Day to honor Christopher Columbus (1451-1506), a discoverer of the Americas, and the final victory at Yorktown on October 19, 1781, in the Revolutionary War. The Tuesday following the first Monday in November— Election Day for the right of citizens of a free society to exercise the right to vote. November 11 — Veterans Day to honor all persons who served in the Armed Forces of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising (1622), French and Indian Wars (1754-1763), Revolutionary War (1775-1783),War of 1812 (1812- 1815), Mexican War(1846-1848), War Between the States (1861-1865), Spanish American War (1898),World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953),Vietnam War(1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). The fourth Thursday in November and the Friday next following— Thanksgiving Day to honor and give thanks in each person's own manner for the blessings bestowed upon the people of Virginia and honoring the first Thanksgiving in 1619. 1 7/29/2020 64 December 25 — Christmas Day. Whenever any of such days falls on Saturday, the Friday next preceding such day, or whenever any of such days falls on Sunday, the Monday next following such day, and any day so appointed by the Governor of the Commonwealth or the President of the United States, shall be a legal holiday as to the transaction of all business. Code 1950, § 2-19; 1954, c. 328; 1958, c. 167; 1966, c. 677, § 2.1-21; 1970, c. 682; 1972, c. 114; 1973, c.421; 1978, c. 7; 1982, c. 325; 1984, c. 671; 1989, c. 190; 1992, c. 622; 1993, cc. 177, 872; 2000, cc. 392, 454;2001, c. 844;2010, c. 8610;2020, cc. 417, 418. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/29/2020 65 Exhibit C Policy 15.7: Non-Retaliation/Reporting of Illegal Activity Considered at the August 14, 2020 HR Committee Meeting 66 XV. Ethics It is the policy of Frederick County to adhere to the highest standard of ethics and to educate its employees in those principles.It is also the policy of Frederick County to ensure that all of its employees follow the Ethics Policy and to subject those employees who disregard it to strict disciplinary action. 15.1 Political Activity The restrictions of this section are designed to protect every employee's right to vote and to keep this right free from interference,solicitation or dictation by any fellow employee,supervisor or officer.Additionally,this policy does not affect the right of an employee to hold political membership or office,serve as a political party officer,support a political party,express political opinions,and/or attend political meetings. Employees may participate in political activities provided that they do not a.)engage in any type of political activity while on-duty and/or in County uniform,b.)do not use County resources or equipment;or c.)engage in political activity on the premises of their employment with the County. No employee shall use the prestige,influence,or authority of his position for the purpose of interfering with or affecting the result of an election or nomination for office. 15.2 Conflict of Interest No employee shall engage in any business or transaction or shall have a financial or other personal interest,direct or indirect,which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of employees: Disclosure of Confidential Information No employee shall,without proper authorization,disclose confidential information concerning the property, government,or affairs of the County which would provide information to advance the financial or other special interest of himself or others. Representing Private Interests Before County Agencies or Courts No employee whose salary is paid in whole or in part by the County shall appear in behalf of private interests before any agency of the County.He shall not represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. Other Conflicts of Interest No employee shall violate the provisions of Section 2.2-3100 et.seq.of the Code of Virginia,as amended(The Virginia Conflict of Interest Act). 15.3 Outside and/or Incompatible Employment No employee shall engage in any other employment or in any private business or in the conduct of a profession during the hours he is employed to work for the County or outside such hours to an extent that is likely to effect his efficiency as an employee of the County or that is likely to be in violation of the Virginia Conflict of Interest Act. No employee shall engage in any outside activity,either with or without remuneration,which would bring discredit or otherwise cast unfavorable light on the County or any Department of the County.Employees may take occasional part-time jobs elsewhere if in the opinion of the Department Head there is no conflict with working hours or conflict with interest of the County. Additionally,no employee shall engage in any business or transaction or shall have a financial or other personal interest,direct or indirect,which is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties. 67 15.4 Nepotism No administrator or any other person in a supervisory position shall have under his direct supervision any employee whose relationship is of the first or second degree,either by blood or marriage. In the event of a promotion which brings about the conditions thus described,the employee of lower rank shall be transferred to another position for which he or she is qualified when a vacancy occurs. Relationships of the first or second degree shall mean father,mother,brother,sister,spouse,son,daughter,son-in-law or daughter-in-law,sister-in-law or brother-in-law,father-in-law,mother-in-law,aunts,uncles,nieces,nephews,and first cousins. 15.5 Timekeeping Frederick County employees shall record all time worked accurately and honestly.Frederick County employees shall not knowingly falsify any charges whatsoever for any reason whatsoever. 15.6 Acceptance of Gifts and Gratuities An employee shall not accept or solicit gifts,gratuities,money or loans from organizations,business concerns,or individuals with whom the employee,on behalf of the county,has an official relationship.These limitations do not apply to the acceptance of items of negligible value when such acceptance promotes legitimate county goals and is received during the performance of official county business.It is particularly important,however,that inspectors and employees who have administrative or operating authority to approve or disapprove or otherwise affect a procurement transaction guard against relationships which might create the impression of or be construed as evidence of favoritism,coercion,unfair advantage,or collusion. 15.7 Non-Retaliation/Reporting of Illegal Activity Frederick County does not retaliate against or otherwise penalize employees who report behavior that violates any state or federal law or regulation,who refuse to engage in behavior that violates such regulations,or who cooperate with any investigation of such behavior. Specifically,Frederick County will not retaliate against or penalize employees who: • In good faith report violations of state or federal laws or regulations to a supervisor or any government body or law enforcement official; • Is requested by a law enforcement official or governmental body to participate in a hearing,investigation,or inquiry into legal violations by the County or its officials; • Refuses to engage in a criminal act that would subject him/her to criminal liability; • Refuses an order to perform an action that violates a state or federal law,provided that the employee states that is the reason for the refusal;and • Provides information to or testifies before any government body or law enforcement official conducting a hearing,investigation,or inquiry into any violation of state or federal laws or regulations alleged against the County or its officials. This policy does not authorize an employee to disclose information that is otherwise protected by law or legal privilege,permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth,or permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law. For the purposes of this policy,retaliation includes,but is not limited to discipline,penalties,threats,and/or discrimination regarding an employee's compensation,employment terms and conditions,location,or privileges. Up d a ted/Approved: 02/13/2013 68 Code of Virginia Title 40.1. Labor and Employment Chapter 3. Protection of Employees § 40.1-27.3. Retaliatory action against employee prohibited A. An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee: 1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; 2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 3. Refuses to engage in a criminal act that would subject the employee to criminal liability; 4. Refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or 5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. B. This section does not: 1. Authorize an employee to make a disclosure of data otherwise protected by law or any legal privilege; 2. Permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or 3. Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law. C. A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer's prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs. 2020, c. 1136. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 7/29/2020 69 Code of Virginia Title 2.2. Administration of Government Chapter 30.1. The Fraud and Abuse Whistle Blower Protection Act § 2.2-3011. Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies A. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower whether acting on his own or through a person acting on his behalf or under his direction. B. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. C. To be protected by the provisions of this chapter, an employee who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. D. In addition to the remedies provided in § 2.2-3012, any whistle blower may bring a civil action for violation of this section in the circuit court of the jurisdiction where the whistle blower is employed. In a proceeding commenced against any employer under this section, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may also order appropriate remedies, including (i) reinstatement to the same position or, if the position is filled, to an equivalent position; (ii) back pay; (iii) full reinstatement of fringe benefits and seniority rights; or(iv) any combination of these remedies. The whistle blower may be entitled to recover reasonable attorney fees and costs. No action brought under this subsection shall be brought more than three years after the date the unlawful discharge, discrimination, or retaliation occurs. Any whistle blower proceeding under this subsection shall not be required to exhaust existing internal procedures or other administrative remedies. E. Nothing in this chapter shall prohibit an employer from disciplining or discharging a whistle blower for his misconduct or any violation of criminal law. F. No court shall have jurisdiction over an action brought under § 8.01-216.5 based on information discovered by a present or former employee of the Commonwealth during the course of his employment unless that employee first, in good faith, has exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the Commonwealth failed to act on the information provided within a reasonable period of time. 2009, c. 340;2014, cc. 335, 403. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose 1 7/29/2020 70 provisions have expired. 2 7/29/2020 71 Exhibit D Policy 20: Non-Discrimination/Non-Harassment Considered at the August 14, 2020 HR Committee Meeting 72 XX. NON-DISCRIMINATION/NON-HARASSMENT Frederick County is committed to a work environment in which all individuals are treated with respect and dignity.Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices,including harassment.Frederick County prohibits discrimination,including harassment,on any illegal basis.The types of prohibited discrimination and/or harassment can be subject to change under the law.The addendum to this policy identifies the current forms of prohibited discrimination and harassment.The Human Resources Department will update the addendum as necessary consistent with changes in the law.Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline,up to and including termination. Reasonable Accommodation Under the American with Disabilities Act(ADA) Frederick County prohibits discrimination or harassment based upon an employee's disability,or his/her being regarded as having a disability,and provides reasonable accommodations as required by the ADA and Virginia law. Employees with disabilities may make requests for reasonable accommodations to the Director of Human Resources. Upon doing so,we may ask you for your input or the type of accommodation you believe may be necessary or the functional limitations caused by your disability. It is your responsibility to cooperate with management and engage in this interactive process. The relevant management,identified as having a need to know,will determine the feasibility of the requested accommodation in light of American with Disabilities Act and any Virginia guidelines. We will inform you of our decision on the accommodation request or on how to make the accommodation. Also,when appropriate,we may need your permission to obtain additional information from your physician or other medical or rehabilitation professionals. Discrimination on the Basis of Pregnancy.Childbirth.and Related Medical Conditions Frederick County prohibits discrimination on the basis of pregnancy,childbirth,and pregnancy-related medical conditions,to include lactation.This prohibition extends to all areas of employment,including hiring, firing,promotion,compensation,and benefits.Prohibited discrimination includes,but is not limited to: • Refusing to hire an employee on the basis of pregnancy,childbirth,or related medical conditions; • Denying a promotion to an employee on the basis of pregnancy,childbirth or related medical conditions because the employer would have to make reasonable accommodations for those conditions; • Failing to provide reasonable accommodations to employees who are pregnant,have given birth,or have related medical conditions,to include lactation; • Taking adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy,childbirth or related medical conditions;and • Requiring an employee to take leave for a pregnancy,childbirth,or related medical conditions when another reasonable accommodation is available to the employee. It is further Frederick County's policy to offer reasonable accommodations to employees on the basis of pregnancy,childbirth,and related medical conditions.Such accommodations include,but are not limited to: • more frequent or longer bathroom breaks; • breaks to express breast milk; • access to a private location other than a bathroom for the expression of breast milk; • acquisition or modification of equipment or access to or modification of employee seating; • a temporary transfer to a less strenuous or hazardous position; • assistance with manual labor;and • job restructuring,a modified work schedule,light duty assignments,and leave to recover from childbirth. 73 Harassment For purposes of this policy,harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating,hostile,or offensive working environment for an individual because of the individual's protected class.Such conduct may include,but is not necessarily limited to,slurs,epithets,threats,derogatory comments or visual depictions,unwelcome jokes and teasing, stereotyping,insulting or obscene comments or gestures,display or circulation in the workplace of written or graphic material that denigrates or shows hostility toward the individual or group,or other verbal or physical actions relating to an individual's protected class. Because there is often confusion related to the meaning of sexual harassment,it deserves additional clarification.Sexual harassment includes any unwelcome sexual conduct(including sexual advances,requests for sexual favors,and other verbal and physical conduct of a sexual nature)when(1) submission to the conduct is an explicit or implicit term or condition of employment, (2)submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual,or(3)the conduct has the purpose or effect of unreasonably interfering with an individual's work performance,or creating an intimidating,hostile,or offensive working environment. Sexual harassment can take many forms.The following is a partial list of the types of behavior that could constitute sexual harassment: • Unwanted or unwelcome physical contact or conduct of any kind,including patting,pinching, brushing up against,hugging,cornering,kissing,fondling,or any other similar physical contact, • Verbal abuse of a sexual nature,including sexual flirtations,advances,propositions,sexual innuendoes,or sexually suggestive,insulting,or graphic comments,noises,or sounds; • Sexually explicit,suggestive,or offensive jokes; • Demeaning,insulting,intimidating,or sexually suggestive comments about an individual's dress, body,appearance,or personal life; • The display or distribution in the workplace of demeaning,insulting,intimidating,or sexually suggestive objects or pictures,including nude photographs,drawings,or magazine pictures;and • Demeaning,insulting,intimidating,or sexually suggestive written,recorded,or electronically transmitted messages. To violate the law,harassment must be serious in nature,be repeated,and/or have an impact on employment.This policy,however,not only prohibits unlawful harassment,but also offensive conduct that is contrary to Frederick County's professional expectations for its employees.Thus,Frederick County may take action to address offensive behavior or statements based on a person's protected class even if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to or has witnessed any kind of discrimination or harassing behavior as described in this policy should immediately notify his or her supervisor or Department Head.In addition,if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department Head,including but not limited to instances in which the supervisor or Department Head is engaging in or allowing the harassment,an employee may always instead opt to notify the Director of Human Resources.A supervisor who becomes aware of any harassment,or who receives allegations of harassment from any employee,must immediately advise the Director of Human Resources. Investigation All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue.Employees 74 must cooperate fully and truthfully in any investigation relating to this policy.Depending on the results of the investigation,Frederick County may take corrective action,including such discipline as is appropriate,up to and including immediate termination of the employee. Retaliation Prohibited Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy.Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline,up to and including termination.If an employee believes he or she has been retaliated against in violation of this policy,the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment,discrimination,and retaliation whether engaged in by,or directed at, employees,contractors,clients,vendors,or others an employee may come into contact with while working or representing the County.Conduct prohibited by this policy is unacceptable in the workplace and in any work- related setting outside the workplace,such as during business trips,business meetings,and business-related social events. Updated/Approved: 01/08/2020 75 ADDENDUM REGARDING NON-DISCRIMINATION/NON-HARASSMENT Issued by Human Resources Department,July 2020 In keeping with Frederick County's commitment to a work environment in which all individuals are treated with respect and dignity,discrimination and/or harassment on the following bases is prohibited: • Race,to include discrimination on the basis of traits historically associated with race,including hair texture,hair type,and protective hairstyles such as braids,locks,and twists • color • religion • sex • national origin • pregnancy,childbirth,medical conditions related to pregnancy or childbirth • age • marital status • disability • military service • veteran status • gender identity • sexual orientation • genetic information (such as information that could be used to determine an employee's risk for disease). 76 See Chapter 39 of Title 2.2 of the Code of Virginia and Title VII of Civil Rights Act of 1964, included earlier in these materials. 77 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Finance Committee Report of August 19, 2020 Attachments: BOS09-09-20FinanceCommitteeReport19August2020.pdf 78 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,August 19, 2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,August 19,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Jeffrey Boppe;Angela Rudolph-Wiseman; and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher,Commissioner of the Revenue. Committee Member Absent: none. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney;Joe Wilder, Public Works Director; Chester Lauck, Deputy Emergency Management Coordinator; Lenny Millholland,Sheriff;Jason Robertson, Parks& Rec Director; Jon Turkel,Assistant Parks& Rec Director; and Patrick Barker, EDA Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( * ) Items 1,2,5 and 10 were approved under consent agenda. 1. ( *)The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$51,281. This amount represents a carry forward of unspent FY20 funds for carpet installation that is currently in process. See attached memo, p.4. 2. (* )The F&R Chief requests a General Fund supplemental appropriation in the amount of $76,000. This amount represents a carry forward of unspent grant funds for the Stephens City Swiftwater Team. The grant and appropriation were originally approved by the BOS on 11/13/19. See attached information, p.5—17. 3. The P&R Director requests a General Fund supplemental appropriation in the amount of $55,000. This amount represents proffer funds for an outdoor gym facility at Clearbrook Park. The P&R Commission approved the request on August 11,2020. See attached information, p. 18—21. The committee recommends approval. 4. The Public Works Director requests a General Fund supplemental appropriation in the amount of$20,000. This amount represents funds donated and reserved for the spaying and neutering 1 79 of shelter pets. The Public Works Committee approved the request on July 28,2020. No local funds required. See attached information, p. 22—23.The committee recommends approval. 5. ('* )The Public Works Director requests a General Fund supplemental appropriation in the amount of$2,495. This amount represents unspent FY20 grant funds for environmental education. The grant appropriation was originally approved by the BOS on 10/23/19. The Public Works Committee approved the request on July 28,2020. See attached information, p. 24—25. 6. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $1,327,298. This amount represents a carry forward of unspent FY20 funds for various projects.The Public Works Committee approved the request on July 28,2020. See attached information, p.26. The committee recommends approval. 7. The Sheriff requests General Fund supplemental appropriation in the amount of$11,492.03. This amount represents 2 auto insurance claims and will go toward auto repair and the purchase of a new vehicle. No local funds required. See attached information, p. 27—30.The committee recommends approval. The committee recommends approval. 8. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80. This amount represents the sale of surplus and will be used towards the purchase of a new cruiser and a building at the impound lot. No local funds required. See attached information, p.31—32.The committee tabled the request pending yearend financial information. 9. The EDA Director requests discussion on the tax rate for data centers. See attached information, p.33—40.The committee recommends approval. 10. (*)The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p.41—43. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for July 2020. See attached, p.44. 2. Fund balance information will be provided after the County closes FY20. 2 80 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Jeffrey Boppe Angela Rudolph-Wiseman By Cbg,�L 13. Sh Cheryl B.Shiffler, Finance Director 3 81 i COUNTY of FREDERICK :A, Jay E. Tibbs Deputy County Administrator 540/665-6382 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Finance Committee FROM: Jay E.Tibbs.,Deputy County Administrator DATE: August 12,2020 RE: Carry Forward for Carpet Replacement Project This is a request for a General Fund supplemental appropriation in the amount of$51,280.70. This amount represents a carry forward request for the replacement of carpet on the second floor of the south building (i.e. Parks&Recreation and Cooperative Extension). The Maintenance Department utilized standing purchase order#17700 for this project. Unfortunately,a standing purchase order does not encumber the funds for the project. The carpeting has been received and installed;however,there were problems with the installation and staff is working with the contractor to clear up defects,etc. We respectfully request that these funds be carried forward in line item 4-010-043040-3004-000-003 so we can complete the project and pay the contractor once the project is completed. Should you have any questions,please do not hesitate to contact me. FY20 bal: $62,485.34 107 North Kent Street•Winchester,Virginia 22601-5000 4 82 41GY`.f COlr COUNTY OF FREDERICK,VIRGINIA w FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive .1758 Winchester,VA 22602 Dennis D.Linaburg Fire Chief 11i1U MEMORANDUM •INCE DEQ. -ITMENT TO: Cheryl Shiffler, Director Finance Department FROM: Dennis D. Linaburg, Chief Fire and Rescue Departme AN SUBJECT: Carry Forward Request DATE: July 29, 2020 The Stephens City Fire and Rescue Company is requesting a FY20 fund carry forward of$76,000.00 unspent from line item 4-010-32020-5604-000-007 to the same line item in the FY21 budget. The SHSP grant will be used to fund the Stephens City Swiftwater Team. If you have any questions or need additional information, please do not hesitate to contact me. DDL:kbu CC: file Office (540) 665-5618 dlinaburfffcva.us Fax (540) 678-4739 83 Grant Application Request Form The Grant Application&Acceptance Policy,adopted by the Board of Supervisors on March 23,2016,outlines the policies for submitting grant applications on behalf of Frederick County and for the acceptance and appropriation of all grant awards. This policy applies to any Frederick County program,department or constitutional office preparing and submitting grant applications to agencies outside the County government for funds,materials or equipment to be received and administered by the County or by an agency for which the County acts as fiscal agent. Please refer to the policy flow chart on the back of this form to assist in determining the appropriate course of action. The policy in its entirety can be found on the Finance intranet page. Complete the information below and attach as the cover to all grant applications sent to the County Administrator for approval. Requesting Department Fire& Rescue Name of Grant Stephens City Swiftwater grant Grantor VDEM Grant deadline for submission Total Amount of Anticipated Award $76,000.00 To supplement the Stephens City Fire & Rescue Swiftwater team Purpose of grant(summary) as a local and state asset. Funds will be reimbursed by VDEM as pass through from FEMA. Grant approved through budget G'f-'s rj Q jkl t-3 process?(Yes/No) ` Iq Local Match Requirement(Yes/No) No Amount: 1$0.00 If yes,Source(s) &amount(s)of local match(fin comm/BOS approval required if match requires a budget amendment) Other associated costs no associated cost Continuing obligation and cost (fin comm/BOS approval required) Addition of Staff and cost(Yes/No) No How many? Total cost, (fin comm/BOS approval required) 1 including fringes: Revenue and Expenditure codes& 4,0)D- 6s 'AD033(o amounts 3,0(0—D3301D-000) Department Contact(name,email,phone) Chester Lauck, clauck@fcva_us 540-504-6457 Department Head approval to apply r for grant Date 4/14 WO BOS approval date(if applicable) _ / Finance review of grant policy Date compliance County Administrator approval to Date apply for grant / ZO Notes: aA med coskwW� a C 11Wx,eQ (� 6 84 Virginia Department of Emergency Management SUBAWARD AGREEMENT Page 1 of 3 10501 Trade Court North Chesterfield, VA 23236 1. SUBRECIPIENT NAME AND ADDRESS: a. SUBAWARD ID NUMBER: 8312 b. Federal Award ID:EMW-2019-SS-00079-S01 5. SUBAWARD DATE: March 4,2020 Frederick County 6.PROJECT PERIOD: October 01,2019 to June 30,2021 107 N.Kent St. BUDGET PERIOD: October 01, 2019 to June 30,2021 Winchester,VA 22601 7.TOTAL AMOUNT OF THIS SUBAWARD: $76,000.00 SUBRECIPIENT DUNS Number:142884365 8.FEDERAL AMOUNT OF THIS SUBAWARD: $76,000.00 SUBRECIPIENT EIN:54-6001290 SUBRECIPIENT NON-FEDERAL COST SHARE EQUIREMENT:N/A 10.INDIRECT COST RATE(If applicable): PASS-THROUGH ENTITY: Virginia Department of Emergency Management SUBAWARD NAME: 2019 State Homeland Security Grant Program(SHSP) CFDA: 97.067 Homeland Security Grant Program(HSGP) U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency(FEMA) 11 STANDARD TERMS AND CONDITIONS&SPECIAL CONDITIONS — I he above subaward is approved subject to the 2019 Department of Homeland Security(DHS)Standard Terms and Conditions and VDEM Special Conditions found here:DHS Terms and Conditions 201 oy 12.APPROPRIATION AUTHORITY FOR GRANT The project is supported under the Department of Homeland Security Appropriations Act, 2019(Public Law No. 115-141). 13.METHOD OF PAYMENT Commonwealth of Virginia Cardinal Accounting System AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE 14.NAME AND TITLE OF APPROVING VDEM OFFICIAL 16.NAME AND TITLE OF AUTHORIZED OFFICIAL Jeffrey D.Stern Ph.D. Kris Tierney State Coordinator County Administrator 15.SIGNATURE OF APPROVING VDEM OFFICIAL 17.SIGNATURE OF AUTHORIZED UBRECIPIENT OFFICIAL 18.DATE: - `� I Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 7 85 Or Virginia Department of Emergency Management 10501 Trade Court SUBAWARD AGREEMENT Page 2 of 3 North Chesterfield, VA 23236 Subaward Name: 2019 State Homeland Security Grant Program (SHSP) Subaward Date: March 4,2020 SPECIAL CONDITIONS 1 The Subrecipient shall comply with the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 2 ,and adopted by DHS at-,CFR Part 3002 and the U.S. Department of Homeland Security Grant Program(HSGP)Notice of Funding Opportunity (OF' 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards located at CFR Part 20tH 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of _. With the exception ` of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R.§ I 200.414(f),subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to char-.ie indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made,any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities,or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation(EHP)review process. Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation,the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered,the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, state or local funds for emergency preparedness. Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 8 86 Virginia Department of Emergency Management r SUBAWARD AGREEMENT Page 3 of 3 10501 Trade Court g North Chesterfield, VA 23236. Subaward Name: 2019 State Homeland Security Grant Program (SHSP) Subaward Date: March 4,2020 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement:"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9. The Subrecipient agrees that,when practicable, any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen(15)days following the end of the quarter. A Final Progress Report is due thirty(30)days after the end date of the performance period. Failure to provide this information may result in VDEM withholding :::rant funds from further obligation and expenditure and Prevent future awards to the Subreci;:ient. 12. National Incident Management System (NIMS)Implementation Compliance In accordance with HSPD-5,the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts,and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted,VDEM/SAA will determine if the Subrecipient has made sufficient: roi.:ress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop.The Trip Report template can be found at www.vaemeraency.aov under Reap _ These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines,travel expenses are allowable for approved training, planning,administrative,and exercise activities following local,state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States(OCONUS)as well as to Canada and Mexico,preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.40., in regard to reasonableness when considering requests for travel of this type.Where applicable, you should also reference the following regarding travel:the Western Hemisphere Travel Initiative(httr)://www.dhs.gov/files/proarams/ac 1200693579776.shtm). Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 9 87 COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND THE COUNTY OF FREDERICK,ON BEHALF OF THE FREDERICK COUNTY FIRE & RESCUE/ STEPHENS CITY VOLUNTEER FIRE& RESCUE WATER RESCUE TEAM MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is made by and between the Commonwealth of Virginia,Department of Emergency Management(VDEM)and the County of Frederick, a political subdivision within the Commonwealth of Virginia. WHERE AS, There exists within the Commonwealth of Virginia the potential for serious accidents, as well as man-made and natural disasters; and WHERE AS,The public health, safety and welfare may be threatened as a result of these incidents;and WHERE AS,The VDEM is authorized by Va. Code Ann. § 44-146.18 to enter into agreements, necessary or incidental to performance of any of its duties,with political subdivisions;and WHERE AS, The County of Frederick is the host jurisdiction of the Frederick County Fire & Rescue/ Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team; and WHERE AS,The County of Frederick and VDEM desire to enhance the Commonwealth's Emergency Management capabilities to protect the environment and the health, safety, and welfare of the citizens of the Commonwealth from the dangers and potential dangers of accidents and incidents during natural and man-made emergencies(to include acts of terrorism)by entering into this Agreement for the County of Frederick to provide a Swiftwater Rescue Team to areas impacted by events in the Commonwealth of Virginia or to fulfill a request for assistance under the Emergency Management Assistance Compact(EMAC),Va. Code Ann. § 44-146.28:1. NOW,THEREFORE,in consideration of the foregoing,the parties hereby agree as follows: I. RESPONSIBILITIES OFVDEM A. VDEM shall request Frederick County Fire &.Rescue/ Stephens City Volunteer Fire& Rescue Swiftwater Rescue Team assistance in accordance with the procedures set forth in Appendix A. B. VDEM shall reimburse all eligible expenses incurred during a VDEM-authorized response in accordance with the below procedure. 10 88 C. VDEM will place Frederick County Fire&Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team in the non-competitive category of the State Homeland Security Grant program in order to provide access to additional potential funding to support team equipment and training aligned with published annual Swiftwater Rescue program grant funding priorities. II. RESPONSIBILITIES OFTHEHOSTJURISDICTION A. The County of Frederick agrees to provide: a. A Swiftwater Rescue Team meeting the minimum personnel/equipment standards of a FEMA Type 4 SWR Team, but not to exceed the personnel/equipment standards of a FEMA Type l SWR Team. b. Team response 24 hours per day, seven days per week, at the request of VDEM,within four hours of notification with capability to self-sustain operations for at least 24 hours. See Appendix A. c. Access to team equipment and training records to the VDEM program management staff during nonnal business hours. A roster of team personnel will be furnished to the VDEM Swiftwater Rescue Program Manager on a semi-annual basis or when personnel rotate on or off the roster; roster must include training and credentialing maintained by each team member. d. A written response report to VDEM within 24 hours following a response. e. An inventory of available team equipment annually. In addition, the inventory will be resubmitted anytime equipment is added or removed from assignment to the Team. B. Report team readiness to the VDEM's Situation Awareness Unit to ensure it maintains an accurate team status at all times. VDEM will assume the team is ready unless notified the team is out of service or under a delayed response beyond the required deployment time. Nature of status will be reported as well (mechanical,personnel,training-delayed response,etc.)along with an estimate on when the team will return to a ready status. In addition,team will report response updates to the SAU which includes: acknowledge activation,enroute,on-scene,clearing the scene, and back in quarters. Status may be reported by phone,through the locality's PSAP,or via STARS radio. C. Frederick County Fire & Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team agrees to maintain training proficiency for all team members by having them complete, as a minimum,24 hours of continuing education annually and participate in annual drills or exercises developed or sponsored by VDEM. 2 11 89 D. For the life of this agreement,Frederick County Fire &Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team will maintain all Swiftwater Rescue Team equipment purchased with funds provided through VDEM. E. Frederick County Fire & Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team agrees to participate with VDEM and other State Special Operations teams in the strategic planning process and abide by its implementation. F. Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team agrees to coordinate with other VDEM Special Operations teams to ensure interoperability and standardization of equipment. G. Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team agrees to support request for assistance under the Emergency Management Assistance Compact(EMAC)when able. III.REIMBURSEMENT PROCEDURE A. Reimbursement will vary based on the incident. The below Cost/Share Matrix indicates funding responsibility by type of call. Type of Event Responsible Party Emergency VDEM (State Declaration) Emergency (Non-Declared) Requesting Locality Responsible party(ies)will be established/negotiated between Pre-Planned Event the team, requesting locality,and VDEM based on incident threat,risk,and anticipated attendance. Emergency Management Requesting State/Locality per EMAC Acceptance Assistance Compact Request B. Payment will be made only for authorized expenses for responses authorized by VDEM and for incidents based on the above cost/share matrix. Authorized expenses include the following: 3 12 90 I. Payment of salaries,wages,fringe benefit costs of response personnel, and other expenses(in accordance with state guidelines)incurred during a response activated by VDEM. Time billed will start when the team is activated by VDEM and concludes when the team has returned to their base of operations in their locality (portal-to-portal).Up to four additional hours for equipment cleanup(when necessary)are authorized and also costs associated with backfill personnel. 2. Payment for or resupply of expendable materials used during the incident. 3. Payment for or replacement of nonexpendable items damaged beyond economical repair.A statement is required documenting extent of damage,length of time in use, and condition of item at time of damage. 4. Payment for repair of nonexpendable items. 5. Payment of workers'compensation claims. 6. Reimbursement for the use of team equipment using the below schedule. 7. Payment for vehicle insurance deductible only(up to $1,000)if the vehicle is involved in an accident on a State response. If a third party is involved in an incident and is at fault, collection will be attempted by the team from the third party before VDEM will reimburse. C. Team will submit a Cost Recovery Form to VDEM's Chief Financial Officer within 60 days following a response to request reimbursement of authorized expenses as outlined above. Payment will be made within 30 days of VDEM cost validation. D. The latest FEMA Schedule of Equipment Rates will be used to determine equipment use cost(see 44 CFR §206.228). Mileage reimbursement will be at the current IRS rate. IV. LIABILITIES A. VDEM agrees that the Frederick County Fire & Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team is an authorized agent of VDEM when its personnel are responding to a VDEM activated request. B. Pursuant to § 44-146.23 of the Code of Virginia,when the Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team is an authorized agent of VDEM and acting within the scope of such authorization,the Team and its members enjoy limited protection from liability to the same extent as a State employee when deployed by VDEM under the circumstances of this Agreement. Virginia Code Ann. § 44-146.23 does not preclude liability for civil damages as a result of gross negligence,recklessness or willful misconduct. 4 13 91 C. In accordance with Va. Code Ann. § 65.2-101,any member of the Frederick County Fire& Rescue/Stephens City Volunteer Fire&Rescue Swiftwater Rescue Team who responds to an incident upon request of VDEM, shall be deemed an employee of VDEM for the purposes of the Virginia Workers' Compensation Act. This includes costs associated with medical care related to an illness or injury suspected of being caused or actually caused by acute illness/injury as a result of State response activities. V.RIGHTTOREFUSERESPONSEREQUEST The County of Frederick reserves the right to refuse a VDEM request for the Frederick County Fire&Rescue/ Stephens City Volunteer Fire& Rescue Swiftwater Rescue Team if its resources are already committed to other activities,emergencies,or other impending weather or disaster related events. The SAU must be notified immediately anytime the team is out of service due to these circumstances. VI. TERMINATION This Agreement may be terminated by either party upon 60 days written notice thereof to the other party. Upon termination,all equipment purchased with grant funds awarded for the purpose of establishing a statewide Swiftwater Rescue Program will be returned to VDEM so that they may be reallocated to support the state program.Equipment that has been in service for more than 3 years and/or exceeded 50%of its service life will remain with the team. VII.ENTIREAGREEMENT A. This Agreement,including all Appendices,may be modified from time to time by written agreement of the parties hereto and which Appendices are hereby incorporated by reference as a part of this Agreement,represents the entire and integrated Agreement between the parties and supersedes any and all prior negotiations,representations,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by all authorized representatives of all parties of said Agreement. B. This Agreement shall not preempt any existing mutual aid agreements(written or verbal) now in effect by the County of Frederick. C. This Agreement is not legally enforceable by any third party, does not create enforceable rights in any third party, nor shall any third party be considered a third party beneficiary of this Agreement. As such it does not imply or assume any waiver of sovereign immunity by the Commonwealth of Virginia or the County of Frederick. D. This agreement supersedes and cancels any previous agreements signed between VDEM and the County of Frederick relating to the Swiftwater Rescue Team. 5 14 92 VIII.DURATIONOFMEMORANDUMOFUNDERwTANDIN[; A. This MOU is effective upon the signature the State Coordinator of VDEM or his designee, and will expire June 30, 2025. IN WITNESS THEREOF,the parties have caused this Agreement to be executed by the following duly authorized persons: County of Frederick by: -r-is T--ie--rl i Signature: Title: Count,,Administrator Date: y�� Stephens City Volunteer Fire & Rescue by: TimothyVaught Signature: _ Title: Chief Date: Virginia Department of Emergency Management by: Jeffre, D. Stern, Signature: Title: StateCoordinator Date: 6 15 93 APPENDIX A RESPONSE PROCEDURES VDEM will activate the Frederick County Fire & Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team by notifying the team leader and/or pre-designated personnel through the Everbridge Mass Notification System.The locality's team leader or pre-designated individual will immediately notify the appropriate personnel to facilitate the rapid deployment of the team. To the extent known at the time,requests shall specify: 1. The nature of the emergency and its location 2. The capability that is,needed by the requesting jurisdiction 3. The types and amounts of resources needed including the number of response personnel (VDEM will determine the number of personnel required during the initial response phase of an incident) 4. The address and location of where the resource should report S. The name of the official to whom the assisting personnel shall report, and tactical radio channels in use at the incident 6. State/EMAC mission number 7 16 94 131 the Frederick County Emergency Communications Center;and WHEREAS,Michelle strives constantly to make sure that the Crime Solvers program is not only successful, but also easy for the public to access and for the operators in the Emergency Communications Center to interface with,conducting training with each member of the Emergency Communications Center staff to make sure that all know how to utilize the system,and being available at all times for questions that any staff member may have in relation to working with the system;and WHEREAS, Michelle is diligent in networking with tipsters to make sure that suspects are apprehended as well as to make sure that tipsters get compensated for the tips that they give;and WHEREAS, as Administrator for the Crime Solvers program, Michelle takes on extra duties willingly and does them in addition to her other duties in the Emergency Communications Center,giving extra effort in keeping with the highest standards of the Frederick County Department of Emergency Communications,and has contributed to a number of arrests as a result of her drive and fortitude; NOW,THEREFORE BE IT RESOLVED,by the Frederick County Board of Supervisors this 13th day of November 2019,that Michelle Cunningham is hereby recognized as the Frederick County Employee of the Month for November 2019; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Michelle Cunningham for her outstanding performance and dedicated service and wishes her continued success in future endeavors;and BE IT FINALLY RESOLVED, that Michelle Cunningham is hereby entitled to all of the rights and privileges associated with this award. + + + + + + + + * + + . . . ACKNOWLEDGMENT OF STATE HOMELAND SECURITY PROGRAM GRANT AND CORRESPONDING SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $76,000.00-- I APPROVED The Board, County Administrator Tierney, and Chief t_inaburg discussed the nature of the grant being a pass through from the Virginia Department of Emergency Management which specifies allowable uses for the grant funds that can be monitored by the procurement process. Supervisor Dunn moved for acknowledgment of the grant and the corresponding supplemental i appropriation with staff addressing any procurement concerns. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G, Trout Aye Gary A. Lofton Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye f Judith McCann-Slaughter Aye BOARD OF SUPERVISORS COMMENTS— None I I Minute Sook 45 Board o f Supervisors Regular Meeting of November 13,2019 County of Frederick,Virginia 17 95j CO �rG x COUNTY of FREDERICK w ® Parks and Recreation Department y�.ctn, 540/665-5678 Fax: 540/665-9687 E-mail: fcprd@fcva.us MEMO www.fcprd.net To: Finance Committee From: Jason Robertson, Director Through Jon Turkel, Assistant Director r'- Subject: Proffer Request: Outdoor Gym, Clearbrook Park Date: August 12, 2020 The Parks and Recreation Commission is requesting $55,000 in proffer funds be used to Install an outdoor gym facility at Clearbrook Park. This facility would be like the outdoor gym installed at Sherando Park, but with a focus on flexibility,range of motion, and cardiovascular development. A rendering of the proposed facility is attached (Attachment 1). The cost breakdown of the project is as follows, any unused funds would be returned to the Parks and Recreation proffer account: Proposed Outdoor Gym,CB Park Equipment Quote: $34,960 Bordering,& Mulch $10,000 Access Path $5,040 Subtotal: $50,000 10%Contingency $5,000 Total Request: $55,000 Amenity development at Regional Parks is referenced in the county Capital Improvements Plan under the heading of"Regional Parks" for the purpose of meeting the needs of new and existing residents. Fitness facilities are identified as the 6'most desired facility type in the 2017 Parks and Recreation community survey. There are several contributing developments in the 10-15-mile park service area. The Parks and Recreation proffer balance as of July 31, 2020 was $330,532.12. The Frederick County Proffer Policy is attached for reference (Attachment 2). 107 North dent Street • 19 96 Virginia 22601 96 r1- 0') Greenfields VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. 1-08-03-2020 Outdoor ;Fitness. PROPOSED OUTDOOR FITNESS ZONE Promoting IMe!/ness It fighting ObeWfy One Commnn(W at a Mne". r ~ I ` yy.. _ p Z This document is for presentation purposes only,not for construction. Before you begin installation,please contact Greenfields at(888)-315-9037 or csc@greenflaldsfitness.eom for up to date instigation Instructions. This presentation has been designed for printing on tabloid(11'x1 7-'1 sized papFr. 00 rn Greenfields VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. 1-08-03-2020 Outdoor Fitness. PROPOSED OUTDOOR FITNESS ZONE Promoting[Melkress&FfgBNag Of eafty One Cowmanfty at a Thna.' i Engineered wood fiber surFaclnU !� 0 E PROPOSED EQUIPMENT LEGEND r r T t l A SGR2005-1-04 2-Person Tai-Chi Spinners J - B SGR2005-1-22 4-Person Pendulum,Abs,&Dip Station H C SGR2005-1-23 2-Person Air Walker D SGR2005-1-26 2-Person Cross-Country Ski + ` E SGR2005-1-28 Seated Core Strengthening \— F SGR2005-1-46 4-Person Twisting Station D G SGR2005-1-49 Recumbent Bike H SGR2005-1-92 Stair Climber 7G i I SHP2009-5-03 Elliptical Cross Trainer J SHP2009-7-31 Balance Beam FB- These 10 units may serve up to 19 people at a time. f This document Is for presentation purposes only,not for construction. Before you begin Installation,please contact Greenfields at(888)-316.9037 or csc@greenneldsfitnese.com for up to date Installation Instructions. This presentation has been designed for printing on tabloid(11"x17)sized paper. Frederick County Cash Proffer Policy As approved by the Board of Supervisors on January 28, 2009. Proffered funds received by Frederick County will be held for the use specified by the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked.for the first due company in the area of the subject rezoning at the time the proffered funds are received. All proffered funds will be collected, held, and will accumulate until such time as a capital project funding request is received from a qualifying County department, agency, or volunteer fire and rescue company. Qualifying agency or departmental requests to access proffered funds shall be submitted to the County=s Finance Department for processing. In order to qualify as a capital project the following criteria must be met: 1) the item or project must have a minimum value of five thousand dollars ($5,000), and,- 2) nd;2) the item/project must have an anticipated useful life of at least five (5)years. The Finance Department will forward requests to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of proffered funds for the requested purpose. To assist the Finance Committee and Board in their deliberations requests to utilize proffered funds should include the following: 1) the amount of funds requested, 2) the total project cost, 3)a detailed description of the desired capital project or purchase including a discussion of how recent or anticipated development contributes to the need for the expenditure, and, 4) indicate whether or not the item or project is listed on the County=s Capital Improvements Plan (CIP). In order to comply with State Code ' 15.2-2-2298 (A) the Planning staff, working in conjunction with the County Attorney,will attempt to insure that cash proffers associated with future rezonings are appropriately addressed through inclusion of relevant capital projects in the County=s CIP prior to acceptance of the proffered funds. For the purpose of determining whether a projector item is appropriate for individual listing on the CIP only, a threshold value of$100,000 and useful life of at least five year shall be utilized. (This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed.) C:USERS`SKIBLER.FREDCOCOV�APPDATAILOCAL•TEMP,ADOPTED PROFFER POLICY 128 09 16SOa7,ADOPTED PROFFER POLICY 1 28 09.DOCX 21 99 cc COUNTY of FREDERICK w Department of Public Works 540/665-5643 FAX: 540/678-0682 � MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder,Director of Public Works SUBJECT: Supplemental Appropriation/Carry Forward Requests for Fiscal Year 2021 DATE: July 31, 2020 In a regularly scheduled meeting held on July 28,2020,the Public Works Committee unanimously endorsed the following carry forward requests: a. Animal Shelter Budget I. Line Item 10-4305-3001-00 Professional Health Services Request supplemental appropriation in the amount of$20,000 for the spay/neuter program. Funds are available from donations in the reserve fund line item 10-240-2501. (Attachment 1) b. Solid Waste Budget 1. Line Item 10-4203-5412-01 Educational Supplies-Grant Request a carry forward in the amount of$2,495. This grant amount from the Virginia Chesapeake Bay Fund was unable to be spent in the FY20 budget due to COVID-19 concerns. (Attachment 2) c. Landfill Budget 1. Line Item 12-4204-3002-00 Professional Services Line Item 12-4204-8003-00 Communication Equipment Line Item 12-4204-8900-00 Improvements other than Request any unspent funds from these line items be placed in same line items in FY2021 Budget. (Attachment 3) Please include the above carry forward requests/supplemental appropriation on the next Finance Committee agenda. JCW/kco attachments as stated cc: file 107 North Kent Street, Second Floor, SLg?200 9 Winchester, Virginia 22601-5000 100 ATTACHMENT 1 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: FY 21 Donation Fund Appropriation DATE: 7/9/20 The Shelter is requesting an appropriation from 1034 donation fund, into line item 10-4305-3001-01 Professional Services - Donation, in the amount of$20,000.00 for the FY 21 Budget. The funding is part of the Dorothy Flemming trust given for the purpose of spaying and neutering shelter pets. Please contact me if you have any questions. KMW:hag bal $1,234,020 23 101 CO 4 wit COUNTY of FREDERICK w Department of Public Works 5401665-5643 FAX: 540/678-0682 ATTACHMENT 2 MEMORANDUM TO: Cheryl Shiffler, Director, Finance Dept. FROM: Gloria Puffinburger, Solid Waste Manager - THROUGH: Joe Wilder, Director, Public Works SUBJECT: Carry forward of grant funds to Refuse Collection (4203); FY 20/21 DATE: July 21, 2020 The purpose of this memorandum is to request the carry forward of grant funds shown in line item 10-4203-5412-01 (Refuse Collection) to the current 20/21 fiscal year. Funds total $2,495 and have been granted to the county in support of environmental education from the Virginia Chesapeake Bay Fund administered by the Virginia Department of Legislative Services. Monies were intended to be expended during the spring 2020 school term, however, health concerns due to the coronavirus made this impossible. The department has been granted an extension to complete the project. If you have any questions, please contact me at Extension 8219 or gpufnb�a fcva.us. /gmp cc: file fy 20 bal $2,495 funds received c.s. 5/20/19 3-010-019040-0015 107 North Kent Street, Second Floor, SLgee 200 9 Winchester, Virginia 22601-5000 102 Sharon Kibler From: Gloria Puffinburger Sent: Thursday, August 13, 2020 3:53 PM To: Sharon Kibler Subject: FW: '[External]'Re: Chesapeake Bay Grant 19-015 From: Gwen Foley<gfoley@dls.virginia.gov> Sent: Friday, April 24, 2020 2:54 PM To: Gloria Puffinburger<gpuffinb@fcva.us> Cc: Scott Meacham<smeacham@dls.virginia.gov> Subject: '[External]'Re: Chesapeake Bay Grant 19-015 As detailed in this e-mail, permission is granted for the extension of Chesp. Bay Grant#19-015 until July 1, 2021, at which time your final narrative and fiscal report will be due. If you have any other questions or concerns, please do not hesitate to contact me. Thanks, Gwen On Fri, Apr 24, 2020 at 1:03 PM Gloria Puffinburger<gpuffinb@fcva.us>wrote: Ms. Foley: I am writing to inquire about unexpended 2019 grant awards and the possibility of completing the above-referenced project during the 2020/21 fiscal year. Assemblies were scheduled to happen this spring at local public and private schools per the grant application, however, with the close of all schools in early March, Frederick County as forced to suspend this project. It is still our desire to bring our chosen vendor and his live Chesapeake critters back to our local school children during the next school year.The program has been well-received in the past and provides a lot of useful information about personal actions that can be taken to improve the health of the bay and its creatures. I look forward to hearing from you. i 26 103 CO�� COUNTY of FREDERICK w Department of Public Works 5401665-5643 7-M RAX: 540/678-0682 ATTACHMENT 3 MEMORANDUM TO: Public Works Committee FROM: Ron Kimble, Landfill Manager THROUGH: Joe C. Wilder, Director of Public Works SUBJECT: Carry Forwards to 2020/2021 DATE: July 20,2020 We are requesting that funding remaining at the end of the 2020 fiscal year in each of the following line items be carried over into the new 2020/2021 budget. 12-4204-3002-00 Professional Services Landfill staff are currently looking at long term waste disposal options for the local service area. Moving the remaining funding in this line item into the 20/21 budget will ensure that the current studies will be completed. An estimated amount of$188,111 remains in this line item at the end of FY20. 12-4204-8003-00 Communication Equipment The 2019/2020 budget had $40,000 allocated to begin the creation of an onsite network at the landfill facility. The first step of establishing a trunk line to connect the facility directly to the County's network has been completed. Landfill staff continue to work with the County IT department to establish the most effective networking options moving forward. 12-4204-8900-00 Improvements Other Than Hetzer Construction is in process of blasting and crushing rock in the area of future MSW Cell 3A. The funding that we are requesting be moved in this line item is allocated to this project. Staff estimate that a total of$1,099,187 will be available to carry forward in this line item. In total, I am asking that an estimated $1,327,298 be carried over into the 2020/2021 budget. Please contact me at 540-665-5658 should you have questions regarding this request. 25 104 � ,AGK COUNTY SHERIFFIS p FjC4� Sheriff Lenny Mlllholland �' `� ° Major Steve A.Hawkins i'{�c:s fid►F' 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO :Cheryl Shiffler Director of Finance FROM :Sheriff Lenny Millhoiland DATE :July 17,2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriffs Office has received a check from VACoRP for an auto claim dated June 10,2020.We are requesting$7,025.00 be appropriated into the following line item.This amount will go towards a vehicle to replace the one that was total Please appropriate to line item 31020-8005-000-000 LWM/adc C��t, Sh�l -►s zo rig-�v� 27 105 VACORP July 8,2020 Frederick County Attn: Jennifer Place 107 N.Kent St. Winchester,Virginia 22601 Virginia Association of Counties Group Self-Insurance Risk Pool Member: Frederick County Claim Number: 0342020266771 Date of Loss: 06/10/2020 To Frederick County: Enclosed please find a VACORP property damage check in the amount of$7,025.00 for the damages to the 2014 Ford Taurus. We issued payment$7,525.00(estimate)—$500.00 (deductible)_$7,025.00 to Frederick County.This repair was determined by S&S Appraisal Services If you should have any questions regarding this payment,please do not hesitate to contact our office. Sincerely, Corey Reese Claims Associate Enclosed: check Cc:Jennifer Place 1819 Electric Road,Suite C-Roanoke,Virginia 24018 xa tree 888.822.6772-isx 877.212.8599 28 106 Frederick County Sheriffs OfFice SHERIFF CK COG2 Sheriff Lenny Millholland *� 4 Major Steve A.Hawkins yFq�FPS�FQ V/RG1N1P 1080 Coverstone Drive Winchester,Virginia 22602 Office(540)662-6168 Fax(540)504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland DATE : August 3, 2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriff's Office has received a check from VACoRP for an auto claim dated June 12, 2020. We are requesting $4467.03 be appropriated into the following line item. Please appropriate to line item 31020-3004-000-002 Thank you LWM/adc 29 107 YACORP July 10,2020 Frederick County Attn: Jennifer Place 107 N. Rent Street Winchester,Virginia 22601 Virginia Association of Counties Group Self-Insurance Risk Pool Member: Frederick County Claim Number: 0342020267029 Date of Loss: 06112/2020 To Frederick County: Enclosed please find a VACORP property damage check in the amount of$4,467.03 for the damages to the 2017 Ford Fusion VIN#2835, We issued payment$4,967,03 (estimate)—$500.00 (deductible)=$4,467.03 to Frederick County. This repair was determined by S&S Appraisal Services. If you should have any questions regarding this payment,please do not hesitate to contact our office. Sincerely, Corey Reese Claims Associate Enclosed: check Cc: Jennifer Place 1818 electric Road,Suite C-Roanoke.Virginia 24018 wi ties 888.822.6772-tax 877.212.8599 30 108 �R CK COUNTY SHERIFF,s of Sheriff Lenny Millholtand ° Major Steve A.Hawkins 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504.6400 TO : Cheryl Shiffler Director of Finance FROM :Sheriff Lenny Millholland SUBJECT :Appropriation of Funds—Payment for Cruiser DATE :July 21,2020 Frederick County Sheriff's Office has received payment in the amount of$18,159.23 from PAYMAC Inc.for the purchase five cruisers that were out of service and a 1989 trailer that was at the impound lot unoccupied.The Amount has been posted to 3-010-015020-0007 We are requesting the amounts to be appropriated into the following line items 31020-8005-000-000-$13,409.23.This will be used to go towards a new cruiser 31020-8009-000-000-$4,750.00.Will be used to go towards a building at the impound lot. Thank you, LWM/adc C.S. -7Iao jaO a3, lS .a3 RICK COUNTY SHERIFFS O � 09 FFI c� VSriFIdpp Sheriff Lenny Millholland ° Major Steve A. Hawkins 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT : Appropriation of Funds—Public Surplus DATE : August 12, 2020 Frederick County Sheriff's Office has received payment in the amount of$2,400.57 from PAYMAC Inc. for the purchase of a generator and projector. The Amount has been posted to 3- 010-015020-0007. We are requesting the amount to be appropriated into 31020-8009-000-000. Will be used to go towards a building at the impound lot. Thank you, LWM/adc c.s. 8/13/20 32 1 1 0 Frederi"' ckVAca ECONOMIC DEVELOPMENT AUTHORITY DATE: August 11, 2020 TO: Cheryl Shiffler Finance Director FROM: Patrick Barker, CEcD Executive Director, Frederick County EDA CC: Jay Tibbs Deputy County Administrator RE: Data Center Equipment Tax Rate Request Northern Virginia is the largest data center market in the world. Estimates from 2018 reveal that the data center industry in Virginia directly provided approximately: • 14,644 full-time-equivalent jobs with an average annual pay of$126,000 (data center industry pay has increased twice as fast as the statewide average since 2001), • $1.9 billion in associated pay and benefits, • $4.5 billion in economic output. Data centers pay millions of dollars in state and local taxes in Virginia, even though Virginia has a sales and use tax exemption on some equipment for data centers that are large enough to qualify for the exemption. In addition to the taxes paid directly by data centers, local governments and the Commonwealth collect tax revenue from the secondary indirect and induced economic activity that data centers generate. Estimates from 2018 forecast that data centers were directly and indirectly responsible for generating $600.1 million in state and local tax revenue in Virginia. Frederick County, and the rest of the Shenandoah Valley, have mostly been left out of Virginia's data center market. Seventy-five percent of data center employment was in Northern Virginia in 2018. The Shenandoah Valley accounted for only two percent. Data center experts state that Virginia and the United States have not yet reached "peak data center." The expansion of artificial intelligence, machine learning, and augmented reality are all putting increasing demands on data centers. In addition, with the rollout of 5G technology to wireless networks, the shape of the industry will change. It is likely that the rate of growth of data center operations will be even greater than in the past. Frederick County's time is now to acquire a share of the data center market. In consulting with project managers at the Virginia Economic Development Partnership and data center experts, the creation of a competitive tax structure for data center operations is one of the first steps for Frederick County to be competitive in this sector. Currently, data center prospects most always build in Loudoun County and then Prince William County. One of the single most important reasons for northern Virginia's domination of the data center market is that itis right on the doorstep of Washington D.C., without actually being in the city. (OUR MOVE.OUR COMMITMENT. 45 E.Boscawen St.Winchester,VA 226o33540-665-0973 0 YesFrederickVA.com 111 Page 2 of 3 Data Center Equipment Tax Rate Request Northern Virginia is one market where fiber connectivity is widely available. Another reason that Northern Virginia is a prime choice for data centers than other regions around the country is lower electricity costs. Ashburn and the rest of Data Center Alley have access to a pool of skilled, affordable labor that makes running a data center simpler and more affordable. Frederick County must entice data centers to look further and bring their business into an area of low data center concentration with a combination of financial incentives (e.g. low taxes, competitive utility rates, and low-cost data center capacity). Virginia enabling legislation regarding business personal property tax permits differentiation in tax treatment of data center equipment, both in method of valuation (Va. Code Sec. 58.1- 3503(A)(17)) and in rate of taxation (Va. Code Sec. 58.1-3506(A)(43)). State law (Va. Code Sec. 58.1-3506(A)(43)) defines a "data center" as "a facility whose primary services are the storage, management, and processing of digital data, and is used to house: (i) computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems; (ii) systems for monitoring and managing infrastructure performance; (iii) equipment used for the transformation, transmission, distribution, or management of at least one megawatt of capacity of electrical power and cooling, including substations, uninterruptible power supply systems, all electrical plant equipment, and associated air handlers; (iv) Internet-related equipment and services; (v) data communications connections; (vi) environmental controls; (vii) fire protection systems; and (viii) security systems and services." Many localities in Virginia have already enacted tax structures per this enabling legislation and established tax rates for data center equipment. The following is a listing of potential competing localities and their data center rates. Locality Assessed value (% of original cost), by year Rate/$100 Fauquier County 60%,40%, 20%, 10% min. $2.30 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Henrico County 72%, 50%, 32%, 20%, 12%, 4% min. $0.87 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Loudoun County 50%, 40%, 30%, 20%, 10% min. $4.20 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Prince William County 50%, 35%, 20%, 10%, 5% min. $1.35 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Stafford County 50%, 35%, 20%, 10%, 5% min $1.25 Currently, equipment at data center operations in Frederick County would be taxed at a tangible personal property tax rate of 30% of original value then $4.86 per$100. This creates significant cost differences between Frederick County and competing localities. For example, Frederick County's five-year effective tax rate on data center operations would be $1.46 per$100 versus Prince William's $0.32, Loudoun's $1.26, Fauquier's $0.64, and Stafford's $0.30. Comparing Frederick County to Prince William County, for example, for every$10,000,000 in equipment a data center has, the net tax amount in Frederick County would be $567,000 more over 5 years, obviously creating a significant disincentive for a data center to locate in Frederick County. 4S E.Boscawen St.Winchester,VA 22601 4 S40-665-0973 0 YesFrederickVA.corn 112 Page 3 of 3 Data Center Equipment Tax Rate Request Staff collaborated with the Commissioner of Revenue's office on the following recommended rate structure for data center equipment. Assessed value (% of original cost), by year Rate/$100 50%, 35%, 20%, 10%, 5% min. $1.25 This rate structure was selected based on a review of likely competing localities, discussions with State economic development officials and data center site location consultants. This rate structure would be lower than established data center counties of Prince William, Loudoun, and Fauquier. However, it should be noted that these counties boast vastly superior telecommunications infrastructure. As such, Frederick County needs to compensate for some of that difference with a lower data center equipment tax rate, coupled with the County's lower land costs and real estate taxes. A hypothetical example of a data center project illustrates Frederick County's financial competitive edge with the recommended rate structure for data centers. The underlying assumption for the example is a 150,000 square foot facility with capital investment of$267 million — $9.75 million in real estate, $77.8 million in data center infrastructure, and $180 million in servers, which are typically refreshed every 4 to 5 years. Data center infrastructure is typically comprised of generators, UPS, power distribution units, air conditioning, cooling towers, and chiller plants. Summary findings for this hypothetical example is provided. Full details of the analysis are attached. Locality 5 Year Revenue\Tax 10 Year Revenue\Tax Liability Liability Frederick County $19,087,350 $38,174,700 (current) Frederick County $5,176,125 $9,091,469 (recommendation) Fauquier County $10,854,125 $19,270,825 Loudoun County $19,850,906 $35,680,313 Henrico County $2,773,785 $4,872,910 Prince William County $5,857,706 $10,353,769 Stafford County $5,351,625 $9,442,469 At their August meeting, the Board of Directors for the Frederick County Economic Development Authority unanimously recommended adoption of this new tax rate and forwarded it to Frederick County's Finance Committee for further evaluation and discussion. 45 E.Boscawen St.Winchester,VA 22601 5 544-665-0973 0 YesFrederickVA.com 113 Data Center Equipment Tax Rate Analysis Frederick Prince William Henrico Fauquier Stafford County Loudoun Current Proposed 5 Year DC Operator's Real Estate $297,375 $297,375 $588,656 $424,125 $484,575 $472,875 $588,656 5 Year DC Operator's Computer Hardware $5,667,975 $1,166,250 $1,259,550 $578,460 $2,503,550 $1,166,250 $4,898,250 5 Year DC Operator Tax Liability $5,965,350 $1,463,625 $1,848,206 $1,002,585 $2,988,125 $1,639,125 $5,486,906 5 Year Rank 2 5 Year DC Client's Computer Hardware $13,122,000 $3,712,500 $4,009,500 $1,771,200 $7,866,000 $3,712,500 $14,364,000 5 Year Rank 2 TOTAL 5 YEAR $19,087,350 $5,857,706 $10,854,125 $5,351,625 $19,850,906 10 Year DC Operator's Real Estate $594,750 $594,750 $1,177,313 $848,250 $969,150 $945,750 $1,177,313 10 Year DC Operator's Computer Hardware $11,335,950 $1,409,219 $1,521,956 $640,660 $3,397,675 $1,409,219 $6,531,000 10 Year DC Operator Tax Liability $11,930,700 $2,003,969 $2,699,269 $1,488,910 $4,366,825 $2,354,969 $7,708,313 10 Year Rank 2 10 Year DC Client's Computer Hardware $26,244,000 $7,087,500 $7,654,500 $3,384,000 $14,904,000 $7,087,500 $27,972,000 10 Year Rank 2 TOTAL 10 YEAR $38,174,700 $9,091,469 $10,353,769 $19,270,825 $35,680,313 Real Estate $0.61 $0.61 $1.208 $0.87 $0.994 $0.97 $1.04 Computer Hardware $4.86 $1.25 $1.35 $0.40 $2.30 $1.25 $4.20 Year 1 30% $1.46 50% $0.63 50% $0.68 72% $0.29 60% $1.38 50% $0.63 50% $2.10 Year 2 30% $1.46 35% $0.44 35% $0.47 50% $0.20 40% $0.92 35% $0.44 40% $1.68 Year 3 30% $1.46 20% $0.25 20% $0.27 32% $0.13 20% $0.46 20% $0.25 30% $1.26 Year 4 30% $1.46 10% $0.13 10% $0.14 20% $0.08 10% $0.23 10% $0.13 20% $0.84 Year 5 30% $1.46 5% $0.06 5% $0.07 12% $0.05 10% $0.23 5% $0.06 10% $0.42 Year 6 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 7 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 8 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 9 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 10 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 5 Year Average $1.46 $0.30 $0.32 $0.15 $0.64 $0.30 $1.26 RANK 2 10 Year Average $0.18 $0.20 $0.08 $0.44 $0.18 RANK 2 36 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 FY 20 -20 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on , in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 20 -20 Fiscal Year as advertised in The Winchester Star on , be hereby approved in the amount of$ BE IT FURTHER RESOLVED that the County of Frederick budget for the fiscal year be adopted and the funds appropriated as follows: [FUND AMOUNTS DETAIL OMITTED HERE— NOT RELEVANT FOR PURPOSES OF SAMPLE] BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 20_assessment year as follows: 1 37 115 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Property Taxes— Rates per$100 of assessed value $0.61 Applied to real estate, including mobile homes Except as specified below, applied to personal $4.86 property including business equipment Applied to personal property on one vehicle to volunteer firefighters that are approved $2'25 and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds Applied to personal property constituting property used in a "data center" as that term is defined in Va. Code § 58.1-3506(A)(43), on declining values, at the following percentages $1.25 of original cost: 50%for year one, 35%for year two, 20%for year three, 10%for year four, and 5%for year five and all subsequent years. Applied to machinery and tools, on declining values, at the following percentages of $2.00 original cost: 60% for year one, 50%for year two, 40%for year three, and 30%for year four and all subsequent years. $2.00 Applied to Contract Classified Vehicles and equipment, on apportioned percentage of book values. Business and Professional Occupational License Rates Contractors $0.16 per$100 of gross receipts Retail $0.20 per$100 of gross receipts Financial, Real Estate, and Professional $0.58 per$100 of gross receipts Services 2 38 116 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Repair, personal and business services $0.36 per$100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per$100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 3.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $50 Per ton for commercial/industrial $45 Per ton for construction demolition debris $20 Per ton for municipal waste $38 Per ton for municipal sludge $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots 3 39 117 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $40 annually Green Acres $25 annually [REMAINDER OF DOCUMENT OMITTED HERE — NOT RELEVANT FOR PURPOSES OF SAMPLE] 4 40 1 1 8 Frederick Countv Board of Supervisor's Finance/Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors ("Board") of Frederick County, Virginia ("County")known as the Finance Committee ("Committee"). The Committee shall be comprised of three (3)members of the Board of Supervisors who will be appointed by the Chairman of the Board,with one appointed as Chair,three (3) citizen members as appointed by the Chairman of the Board, and two (2)non-voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies,procurement policy, financial planning,risk management, debt issuance,budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscal/procurement policies and the review and recommendation for matters of a financial nature coming forward to the Board including,but not limited to, supplemental appropriations,transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies,programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and/or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Quorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board,the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Director(s)with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors,the Chair may excuse any non-Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. 41 119 IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives,policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests,transfers and change orders as dictated by policy. 4. Review the budgetary and financial implications of management's tactical and strategic plans. 5. Review periodic or interim budget and/or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B.Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan,reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review,Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self- assessment of this Committee's performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 42 120 3. Perform any other activities consistent with this Charter,the County's goals,objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four(4)to three(3) 9/29/2014: no changes 10/21/2015: no changes 9/13/2017: no changes 9/12/2018: no changes 9/11/2019: no changes 43 121 BUDGET TRANSFERS JULY 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 7/13/2020 ELECTORAL BOARD AND OFFICIALS UPGRADING COPIER 1301 5506 000 000 (1,000.00( ELECTORAL BOARD AND OFFICIALS 1301 9001 000 000 1,000.00 REGISTRAR 1302 5506 000 000 (1,000.00( REGISTRAR 1302 9001 000 000 1,000.00 7/15/2020 ELECTORAL BOARD AND OFFICIALS PURCHASE OF TWO ADDITIONAL VOTING MACHINES 1301 3010 000 000 (12,000.00) ELECTORAL BOARD AND OFFICIALS 1301 8001 000 000 12,000.00 7/22/2020 COMMISSIONER OF THE REVENUE DMV REGISTRATION FOR NEW VEHICLE 1209 5401 000 000 (5.00) COMMISSIONER OF THE REVENUE 1209154151 000 0001 5.00 7/31/2020 MAINTENANCE ADMINISTRATION JULY PROMOTIONS 43011003 000 000 (1,706.58) MAINTENANCE ADMINISTRATION 4301 1001 000 097 1,706.58 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (7.00) MAINTENANCE ADMINISTRATION 4301 2011 000 000 7.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (29.00) MAINTENANCE ADMINISTRATION 4301 2001 000 000 29.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (38.00) MAINTENANCE ADMINISTRATION 4301120021 000 0001 38.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (5.00) MAINTENANCE ADMINISTRATION 4301 2006 000 000 5.00 FIRE AND RESCUE 3505 1007 000 001 (4,335.00) FIRE AND RESCUE 3505 1001 000 007 4,335.00 FIRE AND RESCUE 3505 1007 000 001 (3,833.00) FIRE AND RESCUE 3505 1001 000 020 3,833.00 FIRE AND RESCUE 3505 1007 000 001 (6,708.00) FIRE AND RESCUE 3505 1001 000 032 6,708.00 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 005 (2,105.75) PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 0121 2,105.75 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 005 (2,044.97) PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 007 2,044.97 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (3,053.65) MAINTENANCE ADMINISTRATION 4301 1001 000 093 3,053.65 8/6/2020 INFORMATION TECHNOLOGY EXPENSE BUDGETED INCORRECTLY 1220 5413 000 003 (17,066.50) INFORMATION TECHNOLOGY 1 122015!U"000 000 17,066.50 44 122 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Public Safety Committee Report of August 20, 2020 Attachments: BOS09-09-20Publ icSafetyCommitteeReport20August2020.pdf 123 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday August 20, 2020 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann-Slaughter, Helen Lake, Chuck Torpy and Blain Dunn. Staff present: Deputy County Administrator Jay Tibbs, Assist Fire & Rescue Chief Steve Majchrzak, Director of Public Safety Communications LeeAnna Pyles, County Attorney Rod Williams, Lieutenant Warren Gosnell, Deputy Megan Hicks, Fire Chief Denny Linaburg,Volunteer Fire& Rescue President Dan Cunningham, Major Steve Hawkins,Deputy Director of Emergency Management Chester Lauck, Purchasing Manager Missi Neal and Finance Director Cheryl Shiffler. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1. Lake Frederick Subdivision proposed road ordinance (see attached): Rod Williams presented a proposed amendment to the Frederick County Code which would allow the roads in the Lake Frederick development to be considered public roads for law enforcement purposes. This came via a request from the Lake Frederick homeowner's association. This proposed ordinance would allow law enforcement to enforce routine traffic violations within the development. Lt. Gosnell stated that this would be beneficial to that community. Chairman Wells made a motion to approve the proposed ordinance and move it forward to the Code& Ordinance Committee. The Public Safety Committee unanimously approved the motion. 2. Status update on COVID-19 and the community: Deputy Megan Hicks,who has taken on the role of Infection Control Officer, relayed that to date the Sheriff's office has had 18 positive COVID-19 cases. She stated in March all deputies were issued PPE and given training on this pandemic. 2 rounds of COVID-19 tests were administered to all Public Safety Building staff by Valley Health. Chief Linaburg and Director Pyles also added that all three departments are actively having conference calls 3 times a week to share information and to stay up to date on the pandemic. 124 3. Progress update regarding the new radio RFP: Missi Neal, Procurement Manager for Frederick County,went over the progress of the RFP for the County's new radio system. There were 4 vendors that offered proposals for the project which included EF Johnson, Motorola, Bay Electronics and Harris. The evaluation committee viewed and scored the proposals and presentations were held with the higher scoring prospective vendors. The negotiations between the vendor and MCP and the evaluation committee should last approximately 3-6 weeks and the committee hopes to have a selection by the end of September. 4. Emergency preparedness plan: Committee member Helen Lake and Deputy Director of Emergency Management Chester Lauck have been working on an emergency preparedness plan in conjunction with Shenandoah University. This plan would utilize SU's event center as a possible overflow/shelter/hospital site in case of an emergency in our region. The facility currently does not have a generator and Mr. Lauck has been researching grant funding for the purchase of a generator to place in the event center. The grant funding would be 75% federal and 25% local dollars. He is hoping that SU and the City of Winchester would partake in this opportunity and share in the local funding. Ms. Lake and Mr. Lauck are looking for approval to continue their research of this project and submit their application for the grant before November. The consensus from the Public Safety Committee was to explore all options and continue forward with the process. Chairman Wells stated that an update will be shared at the next meeting in October. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Judy McCann-Slaughter Helen Lake Walt Cunningham 125 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Transportation Committee Report of August 24, 2020 Attachments: BOS09-09-20Transporation Comm itteeReport 24August2020.pdf 126 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 24, 2020 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting),James Racey(Voting) and Lewis Boyer(Liaison Stephens City). Committee Members Absent Mark Davis(Liaison Middletown) Charles DeHaven,Jr. (Voting) and Cordell Watts (Voting). Staff Present: Assistant Director-Transportation John Bishop and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: NONE ITEMS FOR INFORMATION ONLY: 1—SmartScale Applications Update: Staff gave an overview to the Committee on the status of the Smartscale applications for County projects. The following applications have been submitted: Exit 317 Improvements -$5.9 Million Route 11 Corridor and Old Charlestown Road Roundabout-$6.4 Million Route 7 intersection Improvements at Millbrook and First Woods-$1.9 Million Exit 317 Interchange Improvement Project-$40.5 Million Route 11 at Shawnee Dr. Northbound Widening$4.4 Million It is anticipated that the VDOT central office should provide the CTB with a recommended draft in January or February 2021 with a finalization of the chosen projects in June or July 2021. 2—Traffic Calming in the Ravens Discussion: Staff discussed with the Committee the ongoing concerns regarding the traffic volume and speed through the Ravens subdivision. This has included conducting an analysis of the cut through traffic as well as the intersection with VDOT Traffic Engineering for their Traffic Calming Program. The cut through analysis indicated cut through volumes was under the VDOT thresholds and the traffic calming discussion with Traffic Engineering have not indicated warrants being met for various physical improvements such as curb chokers. However, VDOT has shown a 127 willingness to install striping and has offered some options of for speed limit signs that alerts drivers of the actual speed and flashes a strobe light when the limit is exceeded. It is not a speed camera, but it does collect data.These items could be funded through VDOT(Frederick County's Safety fund) but in the case of the speed limit signs, maintenance would be the responsibility of the County. The maintenance would include replacement in the event of wear, damage and/or battery replacement. The cost estimates are as follows: Stripping of edge line-$8,400.00 Speed Signs-$2,500.00-$3,000.00 each and installed on existing signposts Speed Trailer-$12,000.00-$15,000.00 After discussion, the Committee recommended that the Staff review the cost involved for the seven (7) speed signs to include maintenance of those signs and report back to the Committee at a later date. Upon a motion by, Gary Oates and seconded by,James Racey the Committee requested VDOT to proceed with the striping of the edge line. 3-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge:The base asphalt has been completed for most of the roadway. The temporary signal at the intersection of Crossover Boulevard/Route522/Airport Road is operational. The slope adjustments are being completed on the roundabout. Renaissance Drive:The plans have been updated to reflect the review comments from VDOT and CSX and have been returned for review. 4-Other: A brief update was given on Charlestown Road for the physical improvements and paving will be completed.With the situation on the turnaround time for the signal equipment it may be delayed until September or October before it is operational. Staff has received the speed information from the Sheriff's Department on Old Charletown, Burnt Factory and Wood Mill Roads. Staff will be planning a meeting with VDOT. VDOT Staff gave an update on the following Rural Rustic Projects in the County. Babbs Mountain Road-Grading has started with asphalt to follow. North Sleepy Creek Road-Contractor will start next week. Laurel Grove Road-To start in a week or so. Hollow Road-Installation of pipe with work to finish up in the Spring with warmer weather. 128 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Joint Finance Committee Report of August 26, 2020 Attachments: BOS09-09-20JointFinanceCommitteeReport26August2020.pdf 129 JOINT FINANCE COMMITTEE REPORT Wednesday,August 26,2020 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present Charles S.DeHaven,Jr.and Judith McCann-Slaughter, Frederick County representatives;and John Willingham,and David Smith,City of Winchester representatives Staff Present:Kris C.Tierney,County Administrator,Roderick B.Williams,County Attorney;Jay E.Tibbs,Deputy County Administrator;Cheryl B.Shiffler,Finance Director, Mary Blowe,City of Winchester Finance Director,and Justin Kerns,Executive Director of the Winchester-Frederick County Convention and Visitors Bureau. ...For Board Information Only... ELECTION OF CHAIRMAN Upon a motion by Mr.Willingham,seconded by Mrs.Slaughter,Charles S.DeHaven,Jr.was elected chairman of the Joint Finance Committee. The motion passed unanimously. DISCUSSION OF WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS BUREAU MEMORANDUM OF UNDERSTANDING AND MEMBERSHIP Mr.Tibbs provided some background on the establishment of the Convention and Visitors Bureau Board(formerly known as the Tourism Board. The reason the Committee was convened was that a question had arisen concerning the role of the Tourism Board,being a jointly appointed body,in the selection and recommendation of candidates and how their bylaws-guided process interfaces with the process being utilized by the City Council relative to committee appointments and where/how Frederick County fits into this process. Mr. Kems spoke about the CVB Board's nominating process. He noted the CVB appoints a nominating committee that reviews and vets applicants. Those names are then submitted to the entire CVB Board for consideration and a recommendation is made by the CVB to the City and the County. He noted the CVB Board has been happy with the current checks/balances in this process. He went on to say that his board likes to have both the City and the County equally engaged in the vetting and nominating process. Mayor Smith provided background on the City's process. He stated that it took almost two years to overhaul the process,but council wanted to make sure their various boards and commissions were functional and working. He stated the CVB nominating committee process started to"look like a club"and the City wanted to make sure we had good people to market the city and the county. He went on to say that he had the city attorney look at the CVB Board bylaws and make changes. Mr.Tierney suggested the bylaws be changed to have each locality have their own member appointments versus the current joint appointments. Mr.Kerns said the current board membership is nine members. Of those nine,5 must be from for profit entities(2—lodging and 3 from other for profits)and 4 must be from the non-profit sector. There is not specificity as to locale. Mr.Willingham recognized Frederick County's increased funding contribution to tourism but noted it would be difficult to proportion membership. Chairman DeHaven stated that trying to maintain a balance is important. Mr.Kerns reviewed the current funding and stated he would like for the City to look at dedicating 1.5%of the 6%lodging tax rate to tourism,which is similar to Frederick County's contribution. 130 Mrs.Blowe stated she was not a fan of designating General Fund revenue and that she would prefer basing that percentage on the number of beds. Supervisor Slaughter recommended that staff revise the existing MOU to reflect what we are currently doing. Mr.Willingham stated that he would support changes to the current structure with the membership to be allocated 5 members from Frederick County and 4 members from the City.It was proposed that the Tourism Board would retain its vetting and proposal process as in the past,however 5 of the Tourism Board positions would be submitted to,reviewed and approved by the County,and 4 would be submitted to,reviewed and approved by the City.The City Council and County Board of Supervisors would no longer have to jointly approve the Tourism Board nominees The Committee directed staff to work together to come up with aproposed solution and bring it back to the Committee within 60-days. COMMITTEE MEMBER COMMENTS There were committee member comments. ADJOURN The meeting was adjourned at 9:50 am. 131 AGENDA JOINT FINANCE COMMITTEE WEDNESDAY, AUGUST 26, 2020 9:00 A.M. BOARD OF SUPERVISORS MEETING ROOM COUNTY ADMINISTRATION BUILDING 107 N. KENT STREET, WINCHESTER, VA I. CALL TO ORDER II. ELECTION OF CHAIRMAN III. DISCUSSION OF WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS BUREAU MEMORANDUM OF UNDERSTANDING AND MEMBERSHIP IV. COMMITTEE MEMBER COMMENTS V. ADJOURN 132 i COUNTY of FREDERICK :Al Jay E. Tibbs Deputy County Administrator 540/665-6382 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Joint Finance Committee FROM: Jay E. Tibbs.,Deputy County Administrator DATE: August 21, 2020 RE: Convention and Visitor's Bureau Memorandum of Understanding and Bylaws Background In 2001 the City of Winchester and Frederick County established via a concurrent resolution the Northern Shenandoah Valley Tourism Board for the purpose of"fostering an efficient and cooperative effort towards establishing tourism and marketing programs and strategies in the Frederick County-Winchester area." The resolution outlined the composition of the board,program funding, etc. Section 4 of the concurrent resolution recommended the Tourism Board establish and organizational chart and bylaws. The Tourism Board bylaws were established April 11, 2001. Article VII, section 6 of those by-laws established a process by which the Tourism Board would select candidates to be forwarded to the City Council and Board of Supervisors for appointment to the Tourism Board. The Tourism Board, City and County have followed the established appointment process since 2001. In 2013, the City Council and Board of Supervisors revised the original MOU to more accurately reflect the functions and funding of the now Convention and Visitors' Bureau. The revised MOU speaks to representation stating that it"shall be apportioned as stated in the Bureau's by-laws." (A copy of the original MOU, CVB By-Laws, and revised MOU are attached for your reference.) Issue Since the ratification of the 2013 MOU,the City has modified the process by which they fill committee vacancies to include interviewing of candidates, etc. Recently, a question has arisen concerning the role of the Tourism Board,being a jointly appointed body,in the selection and recommendation of candidates and how their bylaws-guided process interfaces with the current process utilized by City Council, and where/how Frederick County fits into this process. 107 North Kent Street•Winchester,Virginia 22601-5000 133 Action Staff is seeking guidance from the Joint Finance Committee regarding the process for appointing members to the Tourism Board and clarification regarding the role of the City and County governing bodies and the Tourism Board in that process. Should you have any questions,please do not hesitate to contact me. Attachments 107 North Kent Street•Winchester,Virginia 22601-5000 134 wINC ! CO BOARD OF SUPERV -4ORS THE COMMON COUNCIL i {�jRGI7]8 IN"I 11 ESC. Daley, Clerk of the Common Council, hereby certify on this 11' day of April, 2001, that the following Resolution is a true and exact copy of one and the same unanimously adopted by the Common Council of the City of Winchester, assembled in regular session on the 10,4 day of April, 2001. CONCURRENT RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY AND THE CITY COUNCIL OF THE CITY OF WINCHESTER CREATING THE NORTHERN SHENANDOAH VALLEY TOURISM BOARD BE IT HEREBY RESOLVED by the Frederick County Board of Supervisors and the Winchester City Council that: I. Creation There is hereby created the Northern Shenandoah Valley Tourism Board. 2. Purpose The Northern Shenandoah Valley Tourism Board is established for the purpose of fostering an efficient and cooperative effort towards establishing tourism and marketing programs and strategies for the Frederick County-Winchester area. 3. Composition, Appointment. Term The Board shall consist of a majority of private sector members. Four members shall be appointed from motels. restaurants and the retail sector. Three members shall be appointed from the public/non-profit sector to include: museums tour groups arts and theater events and festivals recreation and sports battlefields agriculture history and other The above shall be voting members appointed jointly by the Board of Supervisors and City Council for a three year term on a staggered basis. Initial term shall include: A. Two private sector and one public non-profit sector appointments for three years; B. One private sector and one public/non---profit for two years; and, C. One private sector and one public/non-profit for one year. Thereafter, all terms shall be three years. 135 The following shall each appoint a non—voting representative on an annual basis. 1. Frederick County Board of Supervisors 2. Winchester City Council 3. Winchester-Frederick County EDC Board member 4. Chamber of Commerce Board member 5. Old Town Development Board member The following will be available to provide staff support to the Board: Frederick County Administrator Winchester City Manager Frederick County Director of Planning Winchester Director of Planning Winchester-Frederick County Chamber of Commerce Visitor Center 4. The Board shall recommend an organizational chart and bylaws, which shall be approved by the Board of Supervisors and City Council .The annual budget shall also be approved by the Board and Council 5. Program Funding A. Each jurisdiction shall contribute $160,000 to the initial program year (2001-2002). Future year contributions shall be made on a 50%-50% basis. B. The maximum funds allocated by the jurisdictions to the program in future years shall be based on the percentage of increase in combined City and County motel tax receipts over the prior year. As an example, the maximum 2002-2003 program year allocation from the County and City shall be $320,000 plus the percentage of increase in combined motel tax receipts. A 5% increase in motel tax receipts would equal $16,000 ($8,000 per jurisdiction) in additional tourism funds for a total public sector contribution of$336,000. Interest income shall be added to this fund total. The City of Winchester shall serve a fiscal agent beginning July 1, 2001. The Board may opt to become its own fiscal agent or use another entity with approval of the Board of Supervisors and City Council. The City shall provide a monthly statement of beginning balance; public sector dollars added; private sector dollars added and expenditures by line item to the Tourism Board and contributing jurisdictions. C. A private sector match of a minimum of 20% of the public sector contributions shall be included in the program budget. This shall include marketing and advertising payments made directly by participating Frederick County and Winchester businesses. 6. Compensation All members of the Northern Shenandoah Valley Tourism Board shall serve without compensation. 136 7. Organization, ')ff aers. Quorum The members of the Northern Shenandoah Valley Tourism Board shall, as soon as possible after their appointment, meet and organize. The Board shall elect a Chairman, Vice Chairman, Secretary and other such officers as it may deem necessary. A majority of the members of the Board shall constitute a quorum. All by-laws shall be approved by the Frederick County Board of Supervisors and the Winchester City Council. 8. Reports and Budgets At least once each quarter, the Board shall make a full written report to the Frederick County Board of Supervisors and the Winchester City Council showing the activities of the Board for the previous quarter. Once each year the Board shall submit a report of its goals and proposed activities for the coming year. The Board shall also annually submit a budget to the Board and Council. 9. Program Transition The existing tourism contract shall remain in effect until June 30, 2001. The Chamber of Commerce Tourism Director shall serve as Interim Tourism Executive Director until the Tourism Board appoints a new Director. Frederick County shall continue as fiscal agent until June 30, 2001. The City shall become fiscal agent July 1, 2001. The City shall prepare a monthly statement of beginning balance; public sector dollars added; private sector dollars added; other income added, and expenditures by line item to the Tourism Board and the contributing jurisdictions. Resolution No. 2001-22. Adopted this 10 r� day o0ori 1 , 2001, by the Winchester City Common Council, and this 1day of G,,; , 2001, by the Frederick County Board of Supervisors. F WINCHESTER COUNTY OF FREDERICK �Q ChT. Gaynor, President Richard C. Shickle, Chairman Winchester City Common Council Frederick County Band of Supervisors C-IN I - y 9);�-4V4 Edwin C. Daley, City Manager Joh ley, Jr. ounty Administrator City of Winchester Frederick County Date: ' z0 aae1 Date: 04 137 Winchester-Frederick County Tourism Board BYLAWS TABLE OF CONTENTS ARTICLE I Name ARTICLE II Creation ARTICLE III Administration Office ARTICLE IV Purpose&Mission ARTICLE V WFCTB Responsibilities Section 1. Annual Budget Section 2. Annual Reports Section 3. Budgetary Oversight Section 4. Organizational Chart Section 5. WFCCVB Oversight Section 6. Executive Director Section 7. Tourism Strategy and Master Plan ARTICLE VI City of Winchester&Frederick County Assurances of Staff Support ARTICLE VII Members Section 1. Composition of the WFCTB Section 2. Private Sector Membership Section 3. Public/Non-profit Sector Membership Section 4. Economic Development/Local Government Membership Section 5. Member Compensation Section 6. Member Appointment Process Section 7. Member Terms a. Voting Members b. Non-voting Members c. Midterm Member Vacancies d. Member Term Renewal e. Member Term Limits Section 8. Resignation from Membership Section 9. Member Removal for Cause Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 1 138 Section 10. Membership of WFCCVB Executive Director ARTICLE VIII Officers Section 1. Officers and Duties Section 2. Term of Office Section 3. Election of Officers Section 4. Officer Qualifications Section 5. Nomination Procedure Section 6. Office-Holding Limitations Section 7. Officer Vacancies ARTICLE IX Committees .....:...,..:,...r�,..........:+.� Section 31. Permanent Committees a. Finance Committee b. Personnel Committee c. Marketing Committee Section 32. Ad Hoc Committee and Task Forces Section 43. Committee Membership Section 34. Committee Chairperson Section 65. Committee Member Terms Section-76. Committee Dissolution Section 37. Multiple Committee Membership ARTICLE X Meetings Section 1. Regular Meetings Section 2. Quorum Section 3. Attendance Section 4. Special Meetings ARTICLE XI Parliamentary Authority ARTICLE XII Amendment of Bylaws Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 2 139 Winchester-Frederick County Tourism Board BYLAWS ARTICLE I Name The name of the organization is the Winchester-Frederick County Tourism Board and is hereinafter and alternatively called the"WFCTB". ARTICLE II Creation Section 1. The WFCTB was created by adoption of Concurrent Resolution Number 2001-22 of the Board of Supervisors of Frederick County and the Common Council of the City of Winchester. Section 2. The Common Council of the City of Winchester adopted the Concurrent Resolution referenced in Article II,Section 1 above on April 10,2001,and the Board of Supervisors of Frederick County adopted the same on April 11,2001. ARTICLE III Administrative Office The administrative office of the WFCTB is 1400 South Pleasant Valley Road,Winchester, Virginia 22601. ARTICLE IV Purpose&Mission Section 1._Purpose. The purpose of the WFCTB is to provide guidance and leadership to the Formatted:Tab stops: 0.5",Left+ 1",Left Winchester-Frederick County Convention&Visitors Bureau(hereinafter and alternatively called the WFCCVB)in the WFCCVB's effort to promote tourism-related service providers,organizations, attractions,museums and points of interest throughout the region so long as the City of Winchester, Virginia,and Frederick County,Virginia,will benefit either directly or indirectly. Section 2._Mission. The mission of the WFCTB is to provide oversight,.guidance,and leadership � Formatted:Tab stops: 0.5",Left+ 1",Left to the WFCCVB in the WFCCVB's efforts 1)to offer Winchester-Frederick County area visitors and guests the best possible travel experiences and adventures in discovery in the Northern Shenandoah Valley; 2) oto build economic security with in the Winchester-Frederick County area,and across the Formatted:Justified,Indent:Left: 0.07",Right: 0.07", region, through revenue-generating tourism marketing initiatives; and 3) to preserve, protect and No bullets or numbering,Tab stops: 0.5",Left+ 1 promote the natural,agricultural,cultural,and historical assets of the Winchester-Frederick County Left+Not at 0.24" area by building economic value in those assets through growth in tourism. Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 3 140 ARTICLE V WFCTB Responsibilities Section 1. Annual Budget. The WFCTB Finance Committee shall recommend,and the WFCTB voting members shall by majority vote approve for submittal,an annual budget to the Winchester City Council and Frederick County Board of Supervisors for review and approval. Section 2. Annual Reports. The WFCTB will assist the Executive Director in the preparation of regular written reports and presentations about the activities of the WFCTB to the Winchester City Council and Frederick County Board of Supervisors. Section 3. Budgetary Oversight. The WFCTB shall provide fiscal oversight of program funding and budgetary expenditures by WFCTB staff. Section 4. Organizational Chart. The WFCTB Personnel Committee shall recommend, and the WFCTB voting members by majority vote approve for submittal,an organizational chart to the Winchester City Council and Frederick County Board of Supervisors for review and approval. Section 5. WFCCVB Oversight. The WFCTB shall oversee the operation and administration of the WFCCVB. Section 6. Executive Director. The WFCTB shall advise the Winchester City Manager and Frederick County Administrator on the appointment of an Executive Director of the WFCCVB and shall contribute to an annual evaluation of the performance of the WFCCVB Executive Director. Section 7. Tourism Strategic Plan a. The WFCTB,along with the WFCCVB Executive Director and staff,shall develop,adopt and oversee a tourism marketing strategy and strategic plan that takes into account the following: 1) stakeholder concerns and recommendations; 2) regional tourism issues; 3) other regional CVB tourism master plans; 4) state tourism authority policies and plans; 5) federal,state and local tourism-related legislative issues,goals and initiatives; 6) historical preservation and integrity; 7) the operational authority of WFCCVB staff and the WFCTB; Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 4 141 b. The WFCTB shall review and revise tourism marketing strategies and strategic plans on an annual basis C. The WFCTB shall submit the strategic plan to the City of Winchester City Council and Frederick County Board of Supervisors for review and approval. d. The WFCTB shall develop tourism marketing strategies and strategic plans that foster efficient and cooperative efforts to establish tourism marketing and economic development programs for the Winchester-Frederick County area. ARTICLE VI City of Winchester&Frederick County Assurances of Staff Support Paragraph 3 of Concurrent Resolution Number 2001-22 of the Board of Supervisors of Frederick County and the Common Council of the City of Winchester authorizes the WFCTB to request staff support from the following officials. a. The Frederick County Administrator b. The Frederick County Director of Economic Development C. The Winchester City Manager d. The Winchester Development Services Director ARTICLE VII Members Section 1. Composition of the WFCTB. The fifteen member WFCTB will consist of 1) five private sector voting representatives;2)four public/non-profit sector voting representatives; and 3)six economic development/]ocal government ex officio non-voting representatives. The WFCTB shall not exceed nine voting and six non-voting members,all of whom must be from currently operating entities in the above-enumerated sectors. Whenever possible,members should be appointed to the WFCTB in such a manner as to provide fair representation of both City of Winchester and Frederick County interests. Section 2. Private Sector Representative Membership. Five voting members of the WFCTB shall be appointed from atxeagthe board members,owners,and managers of for-profit lodging,restaurant,and retail or professional business establishments LOCATED AND OPERATED WITHIN THE POLITICAL BOUNDARIES OF THE City of Winchester,Virginia, or Frederick County,Virginia. No fewer than two of the five private sector members shall be appointed from lodging establishments. Section 3. Public/Non-profit Sector Representative Membership. Four voting members of the WFCTB shall be appointed from amexgthe board members and executive staff of public/non-profit sector organizations. For purposes of selecting WFCTB appointees,public/non- profit sector organizations shall be defined as tourism-oriented organizations established, organized,operated,and located within the political boundaries of the City of Winchester, Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 5 142 Virginia,or Frederick County,Virginia,for the sole purpose of operating,overseeing,or founding entities or activities related to the following: a. Museums b. Tour Groups C. Arts and Theater d. Events and Festivals e. Recreation and Sports f. Battlefields g. Agriculture h. Historical and Cultural Preservation Section 4. Economic Development/Local Government Representative Membership. Formatted:Tab stops: 0.5",Left+ 1",Left The following six economic development/local government entities shall each appoint to the WFCTB one ex officio non-voting member from ameng-its own members: a. Frederick County Board of Supervisors b. Winchester Qt�Common Council C. Winchester EDA Board d. Frederick County EDA Board e. Top of Virginia Chamber of Commerce Board f. Winchester Old Town Advancement Commission Board If a presiding beard-Board or eemTsil Council member of the above-listed entities initiates a written request to the WFCTB seeking appointee recommendations,the WFCTB may submit appointee recommendations to or sffbff+4-nominees for consideration b4ofaby-the above-listed entities. Section 5. Member Compensation. All members of the WFCTB shall serve without compensation. However,any member,voting or non-voting,shall be reimbursed for expenses pre-approved in writing by the Chairperson and Finance Committee Chairperson of the WFCTB. Section 6. Member Appointment Process. In the event of an actual or anticipated voting member vacancy on the WFCTB,the following process shall apply: a. TT.....:.,..�:«.. !`.......i4ey in ...-.7...,..o .:rl,�I42CT 4 R..1,..... A#ielo TV SrOti...,.. s s-� �R. 1 A G F and 4 f 3ALFCTB Bylaws Ai4ele 341 Section-2 and 2 a .,' o.,r aextTeeslnterested candidates shall fill out a Board Candidate Application available online at the City of Winchester website.The WFCTB may encourage any interested,eligible candidate to apply and submit an Application online. b. , nilateral ly..a4e by the entities 1"'te t'�e-e��ae-All Applications shall be Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 6 143 reviewed by the City for determination of eli ig bility in accordance with Article VII,Sections 1-3. C. All eligible candidate ayylications shall be submitted to members of the Frederick County Board of Supervisors and the Winchester C�Common Council for interview, consideration,and appointment. Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 7 144 Section 7. Member Terms. a. Voting Members. Voting members shall serve three consecutive years beginning on July 1 following the date of official appointment and ending on June 30 of the third year or until a successor is named. b. Non-Voting Members. Non-Voting members shall serve two consecutive years beginning on July 1 following the date of official appointment and ending June 30 of the second year. C. Midterm Member Vacancies. In the event that a voting member resigns or is removed for cause from the WFCTB before the expiration of such member's term,a new member shall be appointed in accordance with ByIwA_Article VII,Sections 4 en4/or 6,and serve the remainder of the term of a vacating member. d. Member Term Renewal. Current voting members of the WFCTB shall be automatically 14 AvAii4 Rted submitted to the members of the Frederick County Board of Supervisors and the Winchester Common Council in accordance with Article VII,Section 6(c)for interview, consideration,and reappointment for a subsequent terns ono fewer than sixty_(60)days before expiration of such member's term,as delineated by I3y s Article VII,Section 97(e)bole , unless_:... 1) A current WFCTB voting member subject to automatic eevAii4R*iet4 submission salaamsprovides written notice to the WFCTB Chairperson; Viand WFCCVB Executive Director rejecting sash niew,bef-Ishis or her i4AmioH*iet4 submission for a subsequent term no later than sixty(60)days before expiration of his or her term;or 2) A majority of WFCTB voting members submit written notice to the WFCTB Chairperson; F4a}ifpefson and WFCCVB Executive Director rejecting such member's 44AmieR*iet4 submission for a subsequent term no later than sixty(60)days before expiration of his or her term. Non- voting members shall be i4FivAii4H4Ad H44d appointed for subsequent terms at the sole discretion of the entities appointing such members, subject to By1v�_Article VII,Section 87(e)- belew. e. Member Term Limits 1) Voting members shall serve no more than two consecutive or three non-consecutive three-year terms,excluding the remainder of terms served to fill WFCTB vacancies in accordance with By4wws-Article VII,Section S7(c). Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 8 145 2) Non-voting members shall serve no more than three consecutive or four non-consecutive two-year terms,excluding the remainder of terms served to fill WFCTB vacancies in accordance with By _Article VII,Section 87(c). Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 9 146 Section 8. Resignation from Membership. Any member desiring to resign from the WFCTB shall submit his or her resignation in writing to the WFCTB Chairperson_,VW-C 4B and WFCCVB Executive Director. 1iMeffi4er--A member resignation shall be effective on the date of the regularly scheduled WFCTB meeting immediately following the effective date of the resignation roSi-gnprigo Hadis Recq r �o —1- -1 . oFsen Section 9. Member Removal for Cause. Any voting member may be removed from office or from the WFCTB;for cause,by a vote of two-thirds of all WFCTB voting members. Removal may occur only at a meeting for which written notice has been given that a purpose of the meeting is removal of a member. Non-voting members may be removed;for any reason;only by the entities that appointed such members. Section 10. Membership of WFCCVB Executive Director. The Executive Director of the WFCCVB shall serve as a non-voting member of the WFCTB in an ex officio capacity. ARTICLE VIII Officers Section 1. Officers and Duties. The officers of the WFCTB shall be a Chairperson,a Vice Chairperson,and any such other officers as the WFCTB may deem necessary. These officers shall perforce the duties prescribed by these Bylaws and by the parliamentary authority adopted by the WFCTB. Section 2. Term of Office. The WFCTB shall elect by ballot all officers for two-year terms or for terms coinciding with the remainder of the officers'WFCTB member terms,whichever is shorter. Section 3. Election of Officers. Members shall be elected or re-elected for WFCTB offices by a majority of voting WFCTB members during the regularly scheduled June WFCTB meeting immediately preceding the expiration date of each two-year officer term.Newly elected and re- elected officers shall serve two-year terms beginning on July 1 following the date of election or re-election.-Current officers shall continue to serve through June 30 following the date of election on or re-election of officers. Section 4. Officer Qualifications. Officers shall be elected from mneng-voting WFCTB members , Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 9 147 Section 5. Nomination Procedure. At the regularly scheduled WFCTB meeting held in April,an Officer Nominating Committee of two votine members shall be selected i44 FieeArdmiee withby the WFCTB Chairperson .-It shall be the duty of this committee to nominate candidates for the offices to be filled at the regularly scheduled WFCTB meeting in May.-Before the election at the regularly scheduled meeting in June, additional nominations from the floor shall be permitted. Section 6. Office-Holding Limitations. No member shall hold more than one office at a time,and no member may hold the same office for more than two consecutive terms or three non- consecutive terms,excluding the remainder of officer terns served to fill WFCTB vacancies and officer resignations. Section 7. Office Vacancies. In the event an officer resigns his or her office or withdraws from membership on the WFCTB,an interim officer shall be elected in accordance with the terns of Article VIII,except that such interim officer shall be nominated and elected at the next regularly scheduled WFCTB meeting. The interim officer shall serve the remainder of the vacating officer's tern. ARTICLE IX Committees Section 31. Permanent Committees. The WFCTB Chairperson shall appoint no more than two WFCTB members to any single permanent committee.-Only voting members of the WFCTB shall serve on the Permanent committees.-Permanent committees will be added to these Bylaws as they are established by a majority vote of WFCTB voting members.-Permanent Committees established are: a. Finance Committee: This committee provides fiscal oversight of budgetary expenditures by WFCCVB staff. b. Personnel Committee: This committee provides WFCCVB advice on personnel oversight, hiring decisions,and reviews the performance of the WFCCVB Executive Director. The personnel committee reports its findings to the WFCTB. C. Marketing Committee:This committee advises WFCBV staff on advertising and Formatted:Font:(Default)Times New Roman marketing campaigns and budgets. Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 10 148 Section-32. Ad Hoc Committees and Task Forces. The WFCTB Chairperson shall appoint such committees and task forces to cant'out the objectives,purposes,mission,and responsibilities of the WFCTB as deemed necessary. Section 43. Committee Membership. Each permanent committee shall include no more than two voting members of the WFCTB,one member representing the private/for-profit sector and the other representing the public/non-profit sector as defined under Article VII of these Bylaws.-Each ad hoc committee and/or task force shall include no more than two members of the WFCTB,but such ad hoc committees or task forces may include up to twelve members,including-up to ten non-WFCTB advisory members-,and no fewer than two WFCTB members,as well as individuals having a demonstrable interest in regional tourism,may serve on ad hoc committees and task forces. Section 54. Committee Chairperson. The chairperson of permanent committees shall be elected by voting members of the WFCTB in accordance with`ALF4 T Article VIII, Section 3. the The chairperson of ad hoc committees and task forces shall be elected by the majority of voting WFCTB members at the next regularly schedule WFCTB meeting following formation of the committee or task force. . Section 465. Committee Member Terms. Members of permanent and ad hoc committees and task forces shall serve two-year terms,or shall serve until the end of their WFCTB membership terns,or until the WFCTB dissolves the committee or task force in accordance with 3AT- 'T Article IX,Section-76,whichever is shorter. Section 76. Committee Dissolution. Permanent committees may be dissolved by a two- thirds vote of all voting WFCTB members. Ad hoc committees and task forces may be dissolved by a majority vote of all voting WFCTB members. Section 97. Multiple Committee Membership. Voting WFCTB members may serve on multiple committees and task forces. Non-voting WFCTB members may serve on multiple ad hoc committees and task forces only. Non-WFCTB advisory members may serve on no more than one ad hoc committee task force. ARTICLE X Meetings Section 1. Regular Meetings. The regular meetings of the WFCTB shall be held at 8:00 am on the third Thursday of each month from July to June inclusive,unless otherwise ordered by the WFCTB in accordance with the notice requirements of the Virginia Freedom of Information Act. Section 2. Quorum. A majority of the voting members of the WFCTB shall constitute a quorum. Proxies are not permitted. Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 11 149 Section 3. Attendance. Each member will make every effort to attend all WFCTB meetings.-If a member is not able to attend a WFCTB meeting,such member must notify the Chairperson through the Executive Director in advance.-Should a member be absent for more than two consecutive meetings without notice and without valid excuse,the member's appointment to the WFCTB will conclude,and a new appointment to fill the vacancy will be made in accordance with these Bylaws. For purposes of this Section,a valid excuse shall be defined as an unforeseen event that precludes member attendance and that prevents timely notice of absence. Section 4. Special Meetings. Special meetings may be called by the Chairperson or called at the written request of two or more voting or non-voting members of the WFCTB.-The purpose of the meeting shall be stated in the call.-Except in cases of emergency,at least three days' written notice shall be given. Notice of special and emergency meetings shall be given in accordance with the Virginia Freedom of Information Act. ARTICLE XI Parliamentary Authority The rules contained in the current edition of Robert's Rules of Order Newly revised shall govern the WFCTB in all cases to which they are applicable and in which they are not inconsistent with federal,state,or local law,these Bylaws,and any special rules of order the WFCTB may adopt. ARTICLE XII Amendment of Bylaws These bylaws may be amended at any regular scheduled meeting of the Board by a two-thirds vote,provided that the amendment has been submitted in writing at the previous regularly scheduled WFCTB meeting. Established April 11,2001 Amended: October 9,2003 May 17,2007 June 21,2007 January 20,2011 August 16,2018 January 16,2020 12 150 MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU)to determine the funding allocation for the Winchester-Frederick County Convention and Visitors' Bureau. This MOU shall supersede all existing agreements effective July 1, 2012. II. FUNDING Each jurisdiction shall contribute $100,500.00 each to fund the operations of the Convention and Visitors' Bureau. Contributions shall be on a 50%-50% basis between Frederick County and the City of Winchester, subject to annual appropriation, based on the smaller appropriation of each locality. Funding requests for the ensuing fiscal year shall be submitted to each jurisdiction no later than December 1" of each year. Notification of proposed appropriation shall be given to each jurisdiction no later than May I" of each year. III.FISCAL AGENT The City of Winchester shall serve as the fiscal agent for the undertaking(s) covered by this MOU. IV.REPRESENTATION Representation on the Winchester-Frederick County Convention and Visitors' Bureau shall be apportioned as stated in the Bureau's by-laws. Members shall be appointed jointly by the Frederick County Board of Supervisors and the Winchester City Council. V. TERM The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full 151 force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for terminations. VL TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually agree as to the disposition of the personal property of the operation and of any jointly owned real property of the operation. VII. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of &r772013on behalf of the City of Winchester, Virginia. APPROVED AS TO FORM; Dale loran, City Manager for the City of Winchester, VA ®RNEY Given under my hand this day of Nk-,L c,E, , 2013 on behalf of the County of Frederick, VA AS TO FORM UN ATTORNEY John R ey, o Administrator for the County of Frederick, VA 152 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Road Resolution - Regents Crescent / Regents Crest Attachments: BOS09-09-20 Road Reso I ution Reg e ntsC resce nt.pdf 153 f ` 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: August 27,2020 RE: Regents Crescent/Regents Crest 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: Trafalgar Square,Route 774 0.11 miles Staff is available to answer any questions. MRC/slc 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 154 4�GK C01 RESOLUTION w BY THE ,{1739 FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 23rd day of September, 2020 adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.#42-20 155 In Frederick County 37026374 by Resolution of the governing body adopted September 23,2020 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision: Regents Crescent/ Regents Crest Addition - New subdivision street §33.2-705 Num ber Route Of Row Numb Lan Recordation Widt er Street Name From Termini To Termini Length es Reference h 0.11 mile southwest of Route Instrument Route 522, 522, North No. Trafalgar North Frederick Frederick 160004099 774 Square Pike Pike 0.11 2 Page 0207 25 Page: 1/1 156 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Approval of Changes to the Human Resources Policy as Recommended by the Human Resources Committee in Response to Code Revisions Recently Passed by the General Assembly Attachments: BOS09-09-20HRCommitteeReport14August2020.pdf 157 HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS Friday,August 14,2020 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Boardroom at 107 North Kent Street on Friday,August 14,2020 at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler; Beth Lewin; Kim McDonald and Bob Wells Staff present: Michael Marciano, Human Resources Director; Delois Blevins, HR Manager (dialed in);Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; and Delsie Jobe,Assistant Court Services Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: The below recommended changes reflect the County's response to code revisions recently passed by the legislature and signed by the governor. 1. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 5.1: Equal Opportunity Employer and Open Competition (Exhibit A). 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 8.2: Holidays(Exhibit B). 3. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 15.7: Non-Retaliation/Reporting of Illegal Activity (Exhibit C). 4. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 20: Non-Discrimination/Non-Harassment (Exhibit D). Ms. McDonald moved to approve the policies and Mr. Butler seconded the motion. The committee recommends approval,5 in favor&0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert(Bob)Wells By L' Michael J. Marciano, Director of Human Resources 158 Exhibit A Policy 5.1: Equal Opportunity Employer and Open Competition Considered at the August 14, 2020 HR Committee Meeting 159 V. RECRUITMENT.SELECTION AND EMPLOYMENT 5.1 Equal Opportunity Employer and Open Competition All positions covered by these policies shall be open to all persons who possess the requirements for the positions as indicated in the official class specifications.The recruitment objective is to obtain well qualified applicants for all vacancies with selection based on the best qualified person available at the salary offered for the particular position. It is the policy of Frederick County to comply with all federal and state laws providing for nondiscrimination in employment regarding qualified individuals with disabilities.Frederick County will not discriminate against qualified individuals,including those who are pregnant and/or have pregnancy related medical conditions,in regard to recruiting,hiring,promotion,termination,layoff,recall,transfer,compensation,training or other terms,conditions and privileges of employment. Frederick County will provide reasonable accommodation for qualified individuals in accordance with state and federal law. Please see Section XX for more information. Frederick County further provides equal employment opportunities to all applicants for employment and prohibits discrimination and harassment of any type with regard any trait or characteristic protected by federal,state or local laws. This policy applies to all terms and conditions of employment,including recruiting,hiring,promotion, termination,layoff,recall,transfer,compensation,training or other terms,conditions and privileges of employment. For a list of classes currently protected by state and federal laws,please see the addendum to Section XX. 5.2 Original Employment An individual beginning employment with the County for the first time shall,except as described below,usually be placed at the first step of the pay range established for the class in which he/she is employed and that employment date should be defined as his date of hire. Based on a new employee's prior experience,proficiency,and other relevant criteria in the same or related capacity,placement may be accelerated within the assigned range upon approval of the County Administrator within current budget restraints. Appointments may be made below the minimum for a person who lacks the desired qualifications of the position; such persons are considered Trainees until such time as they acquire the minimum qualifications,at which time they are advanced to the normal entrance salary of the position. 5.3 Reemployment When an individual is re-employed after a separation of thirty(30)or more calendar days,a new date of hire shall be established for computation of all merit increases and other salary adjustments. A returning employee who is re- employed will,except as described below,be placed at the lowest step of the position's approved pay range. Based on the returning employee's prior proficiency and experience in the same or related capacity,an acceleration of up to and including the fourth step of the assigned range may be made upon recommendation by the Department Head and approval of the County Administrator.All time earned in previous employment shall not be counted toward the probationary period,annual leave,service awards,or any other longevity based program or benefit.Rather,only that time earned following actual re-employment shall be counted. 5.4 Reinstatement An individual returning to the employ of the County within thirty(30)or less calendar days of separation,shall return to duty in the same position and class subsequent to the approval of the Department Head and the County Administrator. The appropriate pay step within the approved range of the class for all reinstated employees shall be determined by the County Administrator. Hire dates for all reinstated employees will remain the same as that associated with prior employment. All time earned previous to reinstatement shall be counted toward the probationary period,annual leave,service award,or any other longevity based program or benefit. Additionally, accrued paid leave will be utilized to cover the actual time missed prior to reinstatement.Should paid leave not be available,leave without pay will be utilized to cover the actual time missed prior to reinstatement. 5.5 Temporary Employment Persons may be employed to temporary positions without commitment as to tenure. Temporary employees may be part-time or full time,not eligible for benefits,and subject to re-evaluation by Department Head. 160 S.6 Temporary Appointments Persons may be appointed to temporary positions without commitment as to tenure.Temporary appointments are for full time,benefit eligible positions and subject to re-evaluation by Department Head. Temporary appointments are also eligible for a salary increase with the approval of the Department Head and County Administrator. 5.7 Reclassification When such a position cannot accurately be described or compensated by assignment to an existing class or position, the County Administrator shall establish a new class or position,based upon written documentation submitted by the Department Head,with appropriate range and title,subject to approval by the Board of Supervisors. A reclassification is the assignment of the employee's regular and continuing duties to a descriptive and commensurate class or position. Reclassification does not adjust the employee's hire date. 5.8 Promotion Based upon recommendation by the Department Head,employees may be considered for promotion and their salary may be adjusted.The County Administrator shall have the final authority to approve such promotions and any corresponding salary adjustments. The effective date of all promotions will be the first day of the month in which the promotion takes place. Employees who are promoted and are eligible for a merit evaluation may receive the scheduled merit increase. 5.9 Transfer Between Departments When an employee makes a transfer between departments,no change of status or hire date occurs. 5.10 Appointing Authorities The appointing authority is the person or group of persons having authority to make appointments under the laws of the State and the County. Each Constitutional Officer is the appointing authority for his department.The County Administrator approves appointments for all other positions covered by these policies;additionally,the Board of Supervisors appoints the County Administrator. Updated/Approved: 02/13/2013 161 Code of Virginia Title 2.2. Administration of Government Chapter 39. Virginia Human Rights Act. § 2.2-3900. Short title;declaration of policy. A. This chapter shall be known and cited as the Virginia Human Rights Act. B. It is the policy of the Commonwealth to: 1. Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability in places of public accommodation, including educational institutions and in real estate transactions; 2. Safeguard all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or status as a veteran; 3. Preserve the public safety, health, and general welfare; 4. Further the interests, rights, and privileges of individuals within the Commonwealth; and 5. Protect citizens of the Commonwealth against unfounded charges of unlawful discrimination. 1987, c. 581, §§ 2.1-714, 2.1-715; 1997, c. 404;2001, c. 4`;2020, cc. 1137, 1140. § 2.2-3901.Definitions. A. The terms "because of sex or gender" or "on the basis of sex or gender" or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of pregnancy, childbirth, or related medical conditions, including lactation. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all purposes as persons not so affected but similar in their abilities or disabilities. B. The term "gender identity," when used in reference to discrimination in the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. C. The term "sexual orientation," when used in reference to discrimination in the Code and acts of the General Assembly, means a person's actual or perceived heterosexuality, bisexuality, or homosexuality. D. The terms "because of race" or "on the basis of race" or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists. E. For purposes of this chapter, "lactation" means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. 1987, c. 581, § 2.1-716; 1991, c. 457; 1997, c. 404;2001, c. 81-4,;2005, c. 851-);2020, cc. 107, 152, I137, 1138, 1139, 1140. 1 7/29/2020 162 § 2.2-3902. Construction of chapter;other programs to aid persons with disabilities,minors,and the elderly. The provisions of this chapter shall be construed liberally for the accomplishment of its policies. Conduct that violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin is an unlawful discriminatory practice under this chapter. Nothing in this chapter shall prohibit or alter any program, service, facility, school, or privilege that is afforded, oriented, or restricted to a person because of disability or age from continuing to habilitate, rehabilitate, or accommodate that person. In addition, nothing in this chapter shall be construed to affect any governmental program, law or activity differentiating between persons on the basis of age over the age of 18 years (i)where the differentiation is reasonably necessary to normal operation or the activity is based upon reasonable factors other than age or (ii) where the program, law or activity constitutes a legitimate exercise of powers of the Commonwealth for the general health, safety and welfare of the population at large. Complaints filed with the Division of Human Rights of the Department of Law(the Division) in accordance with § 2.2-520 alleging unlawful discriminatory practice under a Virginia statute that is enforced by a Virginia agency shall be referred to that agency. The Division may investigate complaints alleging an unlawful discriminatory practice under a federal statute or regulation and attempt to resolve it through conciliation. Unsolved complaints shall thereafter be referred to the federal agency with jurisdiction over the complaint. Upon such referral, the Division shall have no further jurisdiction over the complaint. The Division shall have no jurisdiction over any complaint filed under a local ordinance adopted pursuant to § 15.2-965. 1987, c. 581, § 2.1-717; 1991, c. 457; 1997, c. 404;2000, c. 95-);2001, c. 844;2012, cc. 803, 835; 2020, cc. 1137, 1140. § 2.2-3903.Repealed. Repealed by Acts 2020, c. 1140, cl. 2. § 2.2-3904.Nondiscrimination in places of public accommodation;definitions. A. As used in this section, unless the context requires a different meaning: "Age" means being an individual who is at least 18 years of age. "Place of public accommodation" means all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations. B. It is an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, to refuse,withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, or to segregate or discriminate against any such person in the use thereof, or to publish, circulate, issue, display, post, or mail, either directly or indirectly, any communication, notice, or advertisement to the 2 7/29/2020 163 effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused,withheld from, or denied to any individual on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or status as a veteran. C. The provisions of this section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association, or society that is not in fact open to the public, or any other establishment that is not in fact open to the public. D. The provisions of this section shall not prohibit(i) discrimination against individuals who are less than 18 years of age or(ii) the provision of special benefits, incentives, discounts, or promotions by public or private programs to assist persons who are 50 years of age or older. E. The provisions of this section shall not supersede or interfere with any state law or local ordinance that prohibits a person under the age of 21 from entering a place of public accommodation. 2020, c. 1140. § 2.2-3905.Nondiscrimination in employment;definitions;exceptions. A. As used in this section: "Age" means being an individual who is at least 40 years of age. "Employee" means an individual employed by an employer. "Employer" means a person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. However, (i) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, national origin, status as a veteran, sex, sexual orientation, gender identity, marital status, pregnancy, or childbirth or related medical conditions including lactation, "employer" means any employer employing more than five persons and (ii) for purposes of unlawful discharge under subdivision B 1 on the basis of age, "employer" means any employer employing more than five but fewer than 20 persons. "Employment agency" means any person, or an agent of such person, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer. "Joint apprenticeship committee" means the same as that term is defined in § 40.1-120. "Labor organization" means an organization engaged in an industry, or an agent of such organization, that exists for the purpose, in whole or in part, of dealing with employers on behalf of employees concerning grievances, labor disputes,wages, rates of pay, hours, or other terms or conditions of employment. "Labor organization" includes employee representation committees, groups, or associations in which employees participate. "Lactation" means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. B. It is an unlawful employment practice for: 1. An employer to: 3 7/29/2020 164 a. Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual's compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin; or b. Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual's status as an employee,because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status as a veteran, or national origin. 2. An employment agency to: a. Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; or b. Classify or refer for employment any individual on the basis of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 3. A labor organization to: a. Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; b. Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; or c. Cause or attempt to cause an employer to discriminate against an individual in violation of subdivisions a or b. 4. An employer, labor organization, or joint apprenticeship committee to discriminate against any individual in any program to provide apprenticeship or other training program on the basis of such individual's race, color, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 5. An employer, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. 4 7/29/2020 165 6. Except as otherwise provided in this chapter, an employer to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin as a motivating factor for any employment practice, even though other factors also motivate the practice. 7. (i)An employer to discriminate against any employees or applicants for employment, (ii) an employment agency or a joint apprenticeship committee controlling an apprenticeship or other training program to discriminate against any individual, or(iii) a labor organization to discriminate against any member thereof or applicant for membership because such individual has opposed any practice made an unlawful employment practice by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. 8. An employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or(iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or national origin when religion, sex, age, or national origin is a bona fide occupational qualification for employment. C. Notwithstanding any other provision of this chapter, it is not an unlawful employment practice: 1. For (i) an employer to hire and employ employees; (ii) an employment agency to classify, or refer for employment, any individual; (iii) a labor organization to classify its membership or to classify or refer for employment any individual; or (iv) an employer, labor organization, or joint apprenticeship committee to admit or employ any individual in any apprenticeship or other training program on the basis of such individual's religion, sex, or age in those certain instances where religion, sex, or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular employer, employment agency, labor organization, or joint apprenticeship committee; 2. For an elementary or secondary school or institution of higher education to hire and employ employees of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a particular religion; 3. For an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment, pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate 5 7/29/2020 166 because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; 4. For an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin; 5. For an employer to provide reasonable accommodations related to pregnancy, childbirth or related medical conditions, and lactation,when such accommodations are requested by the employee; or 6. For an employer to condition employment or premises access based upon citizenship where the employer is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute or regulation of the federal government or any executive order of the President of the United States. D. Nothing in this chapter shall be construed to require any employer, employment agency, labor organization, or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of such individual's or group's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin in any community. E. The provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities. 2020, c. 110. § 2.2-3906. Civil action by Attorney General. A. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this chapter, or that any person or group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief. B. In such civil action, the court may: 1. Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter, as is necessary 6 7/29/2020 167 to assure the full enjoyment of the rights granted by this chapter. 2. Assess a civil penalty against the respondent (i) in an amount not exceeding$50,000 for a first violation and (ii) in an amount not exceeding$100,000 for any subsequent violation. Such civil penalties are payable to the Literary Fund. 3. Award a prevailing plaintiff reasonable attorney fees and costs. C. The court or jury may award such other relief to the aggrieved person as the court deems appropriate, including compensatory damages and punitive damages. D. Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection A that involves an alleged discriminatory practice pursuant to this chapter with respect to which such person is an aggrieved person. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under§ 2.2-3908. 2020, c. - 140). § 2.2-3907.Procedures for a charge of unlawful discrimination;notice;investigation;report; conciliation;notice of the right to file a civil action;temporary relief. A. Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint in writing under oath or affirmation with the Division of Human Rights of the Department of Law(the Division). The Division itself or the Attorney General may in a like manner file such a complaint. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful discrimination. B. Upon perfection of a complaint filed pursuant to subsection A, the Division shall timely serve a charge on the respondent and provide all parties with a notice informing the parties of the complainant's rights, including the right to commence a civil action, and the dates within which the complainant may exercise such rights. In the notice, the Division shall notify the complainant that the charge of unlawful discrimination will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or circuit court. C. The complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either party pursuant to this chapter and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Division or admissible in evidence in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made. D. Once a charge has been issued, the Division shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Division. The report shall be a confidential document subject to review by the Attorney General, authorized Division employees, and the parties. The review shall state whether there is reasonable cause to believe the alleged unlawful discrimination has been committed. E. If the report on a charge of discrimination concludes that there is no reasonable cause to 7 7/29/2020 168 believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a civil action. F. If the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Division shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion. When the Division determines that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, the Division shall issue a notice that the case has been closed and the complainant shall be given notice of his right to commence a civil action. G. At any time after a notice of charge of discrimination is issued, the Division or complainant may petition the appropriate court for temporary relief, pending final determination of the proceedings under this section, including an order or judgment restraining the respondent from doing or causing any act that would render ineffectual an order that a court may enter with respect to the complainant. Whether it is brought by the Division or by the complainant, the petition shall contain a certification by the Division that the particular matter presents exceptional circumstances in which irreparable injury will result from unlawful discrimination in the absence of temporary relief. H. Upon receipt of a written request from the complainant, the Division shall promptly issue a notice of the right to file a civil action to the complainant after (i) 180 days have passed from the date the complaint was filed or(ii) the Division determines that it will be unable to complete its investigation within 180 days from the date the complaint was filed. 2020, c. 1140. § 2.2-3908. Civil actions by private parties. A. An aggrieved person who has been provided a notice of his right to file a civil action pursuant to § 2.2-3907 may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. B. If the court or jury finds that unlawful discrimination has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory and punitive damages and the court may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate. C. Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon intervention, the Attorney General may obtain such relief as would be available to a private party under subsection B. 2020, c. 1.140. § 2.2-3909. Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy,childbirth, or related medical conditions. A. As used in this section: 8 7/29/2020 169 "Employer" means any person, or agent of such person, employing five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. "Lactation" means lactation as defined in § 2.2-3905. "Reasonable accommodation" includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth. "Related medical conditions" includes lactation. B. No employer shall: 1. Refuse to make reasonable accommodation to the known limitations of a person related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. a. In determining whether an accommodation would constitute an undue hardship on the employer, the following shall be considered: (1) Hardship on the conduct of the employer's business, considering the nature of the employer's operation, including composition and structure of the employer's workforce; (2) The size of the facility where employment occurs; and (3) The nature and cost of the accommodations needed. b. The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer. 2. Take adverse action against an employee who requests or uses a reasonable accommodation pursuant to this section. As used in this subdivision, "adverse action" includes failure to reinstate any such employee to her previous position or an equivalent position with equivalent pay, seniority, and other benefits when her need for a reasonable accommodation ceases. 3. Deny employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the known limitations of such applicant or employee related to pregnancy, childbirth, or related medical conditions. 4. Require an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of such employee. C. Each employer shall engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided. 9 7/29/2020 170 D. An employer shall post in a conspicuous location and include in any employee handbook information concerning an employee's rights to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions. Such information shall also be directly provided to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee's providing notice to the employer that she is pregnant. E. An employee or applicant who has been denied any of the rights afforded under subsection B may bring an action in a general district or circuit court having jurisdiction over the employer that allegedly denied such rights. Any such action shall be brought within two years from the date of the unlawful denial of rights, or, if the employee or applicant has filed a complaint with the Division of Human Rights of the Department of Law or a local human rights or human relations agency or commission within two years of the unlawful denial of rights, such action shall be brought within 90 days from the date that the Division or a local human rights or human relations agency or commission has rendered a final disposition on the complaint. If the court or jury finds that an unlawful denial of rights afforded under subsection B has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory damages, back pay, and other equitable relief. The court may also award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate. F. The provisions of this section regarding the provision of reasonable accommodation for known limitations related to pregnancy, childbirth, and related medical conditions shall not be construed to affect any other provision of law relating to discrimination on the basis of sex or pregnancy. 2020, cc. 1138, 1139, 2.2-3904. 10 7/29/2020 171 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission @ U.S. Equal Employment Opportunity Commission Title VII of the Civil Rights Act of 1964 EDITOR'S NOTE. The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), os amended, os it appears in volume 42 of the United States Code, beginning of section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair PoyAct of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the.C,RA(which is printed elsewhere in this publication) amends the Revised Statutes by adding o new section following section 1977(42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII os enacted appear in italics following each section heading. Editor's notes also appear in italics. An Act To enforce the constitutional right to vote,to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations,to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education,to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs,to establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1964". DEFINITIONS SEC. 2000e.[Section 701] For the purposes of this subchapter- https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 1 172 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (a) The term "person" includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies,joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11[originolly, bankruptcy], or receivers. (b) The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5[United States Code]), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26[the Internal Revenue Code of 1986], except that during the first year after March 24, 1972[the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-five employees (and their agents) shall not be considered employers. (c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. (d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee,joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (e) A labor organization shall be deemed to be engaged in an industry affecting commerce if(1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or(2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-five or more during the first year after March 24, 1972[the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization- (1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 etseq.], or the Railway Labor Act, as amended [45 U.S.C. 151 etseq.]; 173 https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 21 - 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (5) is a conference, general committee,joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection. (f) The term "employee" means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office.The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (g) The term "commerce" means trade, traffic, commerce,transportation,transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. (h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959[29 U.S.C. 401 etseq.], and further includes any governmental industry, business, or activity. (i) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico,the Virgin Islands,American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act[43 U.S.C. 1331 etseq.]. ` 174 https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (j) The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (k) The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)]shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion. (l) The term "complaining party" means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter. (m) The term "demonstrates" means meets the burdens of production and persuasion. (n) The term "respondent" means an employer, employment agency, labor organization,joint labor- management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title. APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT SEC. 2000e-1. [Section 702] (a) Inapplicability of subchapter to certain aliens and employees of religious entities This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (b) Compliance with statute as violative of foreign law https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 175 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission It shall not be unlawful under section 2000e-2 or 2000e-3 of this title[section 703 or 704]for an employer(or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located. (c) Control of corporation incorporated in foreign country (1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title[section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer. (2) Sections 2000e-2 and 2000e-3 of this title[sections 703 and 7041 shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on- (A) the interrelation of operations; (B) the common management; (C) the centralized control of labor relations; and (D) the common ownership or financial control, of the employer and the corporation. UNLAWFUL EMPLOYMENT PRACTICES SEC. 2000e-2. [Section 703] (a) Employer practices It shall be an unlawful employment practice for an employer- (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation,terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 176 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (2) to limit, segregate, or classify his employees or applicants for employment in anyway which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (b) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. (c) Labor organization practices It shall be an unlawful employment practice for a labor organization- (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-- management committee controlling apprenticeship or other training or retraining, including on-the-- job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. (e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 E 177 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission or refer for employment any individual, or for an employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion. (f) Members of Communist Party or Communist-action or Communist-front organizations As used in this subchapter,the phrase "unlawful employment practice" shall not be deemed to include any action or measure taken by an employer, labor organization,joint labor management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950[50 U.S.C. 781 et seq.]. (g) National security Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if- (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and (2) such individual has not fulfilled or has ceased to fulfill that requirement. (h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions 7 1 78 https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29[section 6(d) of the Labor Standards Act of 1938, os amended]. (i) Businesses or enterprises extending preferential treatment to Indians Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation. (j) Preferential treatment not to be granted on account of existing number or percentage imbalance Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. (k) Burden of proof in disparate impact cases (1) (A)An unlawful employment practice based on disparate impact is established underthis subchapter only if- (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 E 179 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice. (B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice. (ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of"alternative employment practice". (2)A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter. (3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act[21 U.S.C. 801 et seq.]or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin. (l) Prohibition of discriminatory use of test scores It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 180 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. (n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders (1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B). (B)A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws- (i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had- (1) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and (11) a reasonable opportunity to present objections to such judgment or order; or (ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact. (2) Nothing in this subsection shall be construed to- (A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened; (B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 1 c 181 8/4/2020 Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; (C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or (D) authorize or permit the denial to any person of the due process of law required by the Constitution. (3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge,that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code]. OTHER UNLAWFUL EMPLOYMENT PRACTICES SEC. 2000e-3. [Section 704] (a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on—the-job training programs,to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge,testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. (b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 11 182 Exhibit 6 Policy 8.2: Holidays Considered at the August 14, 2020 HR Committee Meeting 183 VIII. WORK HOURS,HOLIDAYS.LEAVE 8.1 Hours of Work Generally,office hours are from 8:OOam to 5:OOpm.Individual work schedules are set at the Department Head's discretion based upon business requirements. 8.2 Holidays The County shall observe federal and state holidays and other such holidays as may be prescribed by the Board of Supervisors.When a holiday falls on a Saturday,it shall be observed on the preceding Friday;when the holiday falls on a Sunday,it shall be observed on the following Monday.All full-time employees of the County shall be entitled to holiday benefits. Current holidays observed by the County are: Martin Luther King's Day Presidents'Day Apple Blossom Friday Memorial Day Fourth of July Labor Day Columbus Day Election Day Veterans Day Wednesday before Thanksgiving,noon closing Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Day. Personnel,who are not called upon to work during a holiday,will be paid for the holiday at straight time.If personnel are required to be on duty during a holiday because of the nature of their position,they shall be paid for the holiday plus their hours worked. Holiday pay shall be granted based on the scheduled work day of theemployee.If an employee is regularly scheduled to work an 8-,10-or 12-hour day,he/she will receive 8 hours of holiday pay.Firefighters scheduled to work a 24-hour shift will receive 10 hours of holiday pay. 184 Code of Virginia Title 2.2. Administration of Government Chapter 33. State Holidays and Other Special Days § 2.2-3300. Legal holidays It is the policy of the Commonwealth to fix and set aside certain days in the calendar year as legal holidays for the people of Virginia. In each year, the following days are designated as legal holidays: January 1 — New Year's Day. The third Monday in January — Martin Luther King, Jr., Day to honor Martin Luther King, Jr., (1929-1968), defender of causes. The third Monday in February— George Washington Day to honor George Washington (1732- 1799), the first President of the United States. The last Monday in May— Memorial Day to honor all persons who made the supreme sacrifice in giving their lives in defense of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising(1622), French and Indian Wars (1754-1763), Revolutionary War(1775-1783), War of 1812 (1812-1815), Mexican War (1846-1848),War Between the States (1861-1865), Spanish-American War(1898), World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953), Vietnam War(1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). On this day all flags, national, state, and local, shall be flown at half— staff or mast to honor and acknowledge respect for those who made the supreme sacrifice. July 4 — Independence Day to honor the signing of the Declaration of Independence. The first Monday in September — Labor Day to honor all people who work in Virginia. The second Monday in October— Columbus Day and Yorktown Victory Day to honor Christopher Columbus (1451-1506), a discoverer of the Americas, and the final victory at Yorktown on October 19, 1781, in the Revolutionary War. The Tuesday following the first Monday in November— Election Day for the right of citizens of a free society to exercise the right to vote. November 11 — Veterans Day to honor all persons who served in the Armed Forces of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising (1622), French and Indian Wars (1754-1763), Revolutionary War (1775-1783),War of 1812 (1812- 1815), Mexican War(1846-1848), War Between the States (1861-1865), Spanish American War (1898),World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953),Vietnam War(1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). The fourth Thursday in November and the Friday next following— Thanksgiving Day to honor and give thanks in each person's own manner for the blessings bestowed upon the people of Virginia and honoring the first Thanksgiving in 1619. 1 7/29/2020 185 December 25 — Christmas Day. Whenever any of such days falls on Saturday, the Friday next preceding such day, or whenever any of such days falls on Sunday, the Monday next following such day, and any day so appointed by the Governor of the Commonwealth or the President of the United States, shall be a legal holiday as to the transaction of all business. Code 1950, § 2-19; 1954, c. 328; 1958, c. 167; 1966, c. 677, § 2.1-21; 1970, c. 682; 1972, c. 114; 1973, c.421; 1978, c. 7; 1982, c. 325; 1984, c. 671; 1989, c. 190; 1992, c. 622; 1993, cc. 177, 872; 2000, cc. 392, 454;2001, c. 844;2010, c. 8610;2020, cc. 417, 418. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/29/2020 186 Exhibit C Policy 15.7: Non-Retaliation/Reporting of Illegal Activity Considered at the August 14, 2020 HR Committee Meeting 187 XV. Ethics It is the policy of Frederick County to adhere to the highest standard of ethics and to educate its employees in those principles.It is also the policy of Frederick County to ensure that all of its employees follow the Ethics Policy and to subject those employees who disregard it to strict disciplinary action. 15.1 Political Activity The restrictions of this section are designed to protect every employee's right to vote and to keep this right free from interference,solicitation or dictation by any fellow employee,supervisor or officer.Additionally,this policy does not affect the right of an employee to hold political membership or office,serve as a political party officer,support a political party,express political opinions,and/or attend political meetings. Employees may participate in political activities provided that they do not a.)engage in any type of political activity while on-duty and/or in County uniform,b.)do not use County resources or equipment;or c.)engage in political activity on the premises of their employment with the County. No employee shall use the prestige,influence,or authority of his position for the purpose of interfering with or affecting the result of an election or nomination for office. 15.2 Conflict of Interest No employee shall engage in any business or transaction or shall have a financial or other personal interest,direct or indirect,which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of employees: Disclosure of Confidential Information No employee shall,without proper authorization,disclose confidential information concerning the property, government,or affairs of the County which would provide information to advance the financial or other special interest of himself or others. Representing Private Interests Before County Agencies or Courts No employee whose salary is paid in whole or in part by the County shall appear in behalf of private interests before any agency of the County.He shall not represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. Other Conflicts of Interest No employee shall violate the provisions of Section 2.2-3100 et.seq.of the Code of Virginia,as amended(The Virginia Conflict of Interest Act). 15.3 Outside and/or Incompatible Employment No employee shall engage in any other employment or in any private business or in the conduct of a profession during the hours he is employed to work for the County or outside such hours to an extent that is likely to effect his efficiency as an employee of the County or that is likely to be in violation of the Virginia Conflict of Interest Act. No employee shall engage in any outside activity,either with or without remuneration,which would bring discredit or otherwise cast unfavorable light on the County or any Department of the County.Employees may take occasional part-time jobs elsewhere if in the opinion of the Department Head there is no conflict with working hours or conflict with interest of the County. Additionally,no employee shall engage in any business or transaction or shall have a financial or other personal interest,direct or indirect,which is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties. 188 15.4 Nepotism No administrator or any other person in a supervisory position shall have under his direct supervision any employee whose relationship is of the first or second degree,either by blood or marriage. In the event of a promotion which brings about the conditions thus described,the employee of lower rank shall be transferred to another position for which he or she is qualified when a vacancy occurs. Relationships of the first or second degree shall mean father,mother,brother,sister,spouse,son,daughter,son-in-law or daughter-in-law,sister-in-law or brother-in-law,father-in-law,mother-in-law,aunts,uncles,nieces,nephews,and first cousins. 15.5 Timekeeping Frederick County employees shall record all time worked accurately and honestly.Frederick County employees shall not knowingly falsify any charges whatsoever for any reason whatsoever. 15.6 Acceptance of Gifts and Gratuities An employee shall not accept or solicit gifts,gratuities,money or loans from organizations,business concerns,or individuals with whom the employee,on behalf of the county,has an official relationship.These limitations do not apply to the acceptance of items of negligible value when such acceptance promotes legitimate county goals and is received during the performance of official county business.It is particularly important,however,that inspectors and employees who have administrative or operating authority to approve or disapprove or otherwise affect a procurement transaction guard against relationships which might create the impression of or be construed as evidence of favoritism,coercion,unfair advantage,or collusion. 15.7 Non-Retaliation/Reporting of Illegal Activity Frederick County does not retaliate against or otherwise penalize employees who report behavior that violates any state or federal law or regulation,who refuse to engage in behavior that violates such regulations,or who cooperate with any investigation of such behavior. Specifically,Frederick County will not retaliate against or penalize employees who: • In good faith report violations of state or federal laws or regulations to a supervisor or any government body or law enforcement official; • Is requested by a law enforcement official or governmental body to participate in a hearing,investigation,or inquiry into legal violations by the County or its officials; • Refuses to engage in a criminal act that would subject him/her to criminal liability; • Refuses an order to perform an action that violates a state or federal law,provided that the employee states that is the reason for the refusal;and • Provides information to or testifies before any government body or law enforcement official conducting a hearing,investigation,or inquiry into any violation of state or federal laws or regulations alleged against the County or its officials. This policy does not authorize an employee to disclose information that is otherwise protected by law or legal privilege,permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth,or permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law. For the purposes of this policy,retaliation includes,but is not limited to discipline,penalties,threats,and/or discrimination regarding an employee's compensation,employment terms and conditions,location,or privileges. Up d a ted/Approved: 02/13/2013 189 Code of Virginia Title 40.1. Labor and Employment Chapter 3. Protection of Employees § 40.1-27.3. Retaliatory action against employee prohibited A. An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee: 1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; 2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 3. Refuses to engage in a criminal act that would subject the employee to criminal liability; 4. Refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or 5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. B. This section does not: 1. Authorize an employee to make a disclosure of data otherwise protected by law or any legal privilege; 2. Permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or 3. Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law. C. A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer's prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs. 2020, c. 1136. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 7/29/2020 190 Code of Virginia Title 2.2. Administration of Government Chapter 30.1. The Fraud and Abuse Whistle Blower Protection Act § 2.2-3011. Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies A. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower whether acting on his own or through a person acting on his behalf or under his direction. B. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. C. To be protected by the provisions of this chapter, an employee who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. D. In addition to the remedies provided in § 2.2-3012, any whistle blower may bring a civil action for violation of this section in the circuit court of the jurisdiction where the whistle blower is employed. In a proceeding commenced against any employer under this section, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may also order appropriate remedies, including (i) reinstatement to the same position or, if the position is filled, to an equivalent position; (ii) back pay; (iii) full reinstatement of fringe benefits and seniority rights; or(iv) any combination of these remedies. The whistle blower may be entitled to recover reasonable attorney fees and costs. No action brought under this subsection shall be brought more than three years after the date the unlawful discharge, discrimination, or retaliation occurs. Any whistle blower proceeding under this subsection shall not be required to exhaust existing internal procedures or other administrative remedies. E. Nothing in this chapter shall prohibit an employer from disciplining or discharging a whistle blower for his misconduct or any violation of criminal law. F. No court shall have jurisdiction over an action brought under § 8.01-216.5 based on information discovered by a present or former employee of the Commonwealth during the course of his employment unless that employee first, in good faith, has exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the Commonwealth failed to act on the information provided within a reasonable period of time. 2009, c. 340;2014, cc. 335, 403. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose 1 7/29/2020 191 provisions have expired. 2 7/29/2020 192 Exhibit D Policy 20: Non-Discrimination/Non-Harassment Considered at the August 14, 2020 HR Committee Meeting 193 XX. NON-DISCRIMINATION/NON-HARASSMENT Frederick County is committed to a work environment in which all individuals are treated with respect and dignity.Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices,including harassment.Frederick County prohibits discrimination,including harassment,on any illegal basis.The types of prohibited discrimination and/or harassment can be subject to change under the law.The addendum to this policy identifies the current forms of prohibited discrimination and harassment.The Human Resources Department will update the addendum as necessary consistent with changes in the law.Any employee found to have engaged in prohibited discrimination or harassment will be subject to discipline,up to and including termination. Reasonable Accommodation Under the American with Disabilities Act(ADA) Frederick County prohibits discrimination or harassment based upon an employee's disability,or his/her being regarded as having a disability,and provides reasonable accommodations as required by the ADA and Virginia law. Employees with disabilities may make requests for reasonable accommodations to the Director of Human Resources. Upon doing so,we may ask you for your input or the type of accommodation you believe may be necessary or the functional limitations caused by your disability. It is your responsibility to cooperate with management and engage in this interactive process. The relevant management,identified as having a need to know,will determine the feasibility of the requested accommodation in light of American with Disabilities Act and any Virginia guidelines. We will inform you of our decision on the accommodation request or on how to make the accommodation. Also,when appropriate,we may need your permission to obtain additional information from your physician or other medical or rehabilitation professionals. Discrimination on the Basis of Pregnancy.Childbirth.and Related Medical Conditions Frederick County prohibits discrimination on the basis of pregnancy,childbirth,and pregnancy-related medical conditions,to include lactation.This prohibition extends to all areas of employment,including hiring, firing,promotion,compensation,and benefits.Prohibited discrimination includes,but is not limited to: • Refusing to hire an employee on the basis of pregnancy,childbirth,or related medical conditions; • Denying a promotion to an employee on the basis of pregnancy,childbirth or related medical conditions because the employer would have to make reasonable accommodations for those conditions; • Failing to provide reasonable accommodations to employees who are pregnant,have given birth,or have related medical conditions,to include lactation; • Taking adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy,childbirth or related medical conditions;and • Requiring an employee to take leave for a pregnancy,childbirth,or related medical conditions when another reasonable accommodation is available to the employee. It is further Frederick County's policy to offer reasonable accommodations to employees on the basis of pregnancy,childbirth,and related medical conditions.Such accommodations include,but are not limited to: • more frequent or longer bathroom breaks; • breaks to express breast milk; • access to a private location other than a bathroom for the expression of breast milk; • acquisition or modification of equipment or access to or modification of employee seating; • a temporary transfer to a less strenuous or hazardous position; • assistance with manual labor;and • job restructuring,a modified work schedule,light duty assignments,and leave to recover from childbirth. 194 Harassment For purposes of this policy,harassment includes verbal or physical conduct that denigrates or shows hostility toward an individual or conduct that creates an intimidating,hostile,or offensive working environment for an individual because of the individual's protected class.Such conduct may include,but is not necessarily limited to,slurs,epithets,threats,derogatory comments or visual depictions,unwelcome jokes and teasing, stereotyping,insulting or obscene comments or gestures,display or circulation in the workplace of written or graphic material that denigrates or shows hostility toward the individual or group,or other verbal or physical actions relating to an individual's protected class. Because there is often confusion related to the meaning of sexual harassment,it deserves additional clarification.Sexual harassment includes any unwelcome sexual conduct(including sexual advances,requests for sexual favors,and other verbal and physical conduct of a sexual nature)when(1) submission to the conduct is an explicit or implicit term or condition of employment, (2)submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual,or(3)the conduct has the purpose or effect of unreasonably interfering with an individual's work performance,or creating an intimidating,hostile,or offensive working environment. Sexual harassment can take many forms.The following is a partial list of the types of behavior that could constitute sexual harassment: • Unwanted or unwelcome physical contact or conduct of any kind,including patting,pinching, brushing up against,hugging,cornering,kissing,fondling,or any other similar physical contact, • Verbal abuse of a sexual nature,including sexual flirtations,advances,propositions,sexual innuendoes,or sexually suggestive,insulting,or graphic comments,noises,or sounds; • Sexually explicit,suggestive,or offensive jokes; • Demeaning,insulting,intimidating,or sexually suggestive comments about an individual's dress, body,appearance,or personal life; • The display or distribution in the workplace of demeaning,insulting,intimidating,or sexually suggestive objects or pictures,including nude photographs,drawings,or magazine pictures;and • Demeaning,insulting,intimidating,or sexually suggestive written,recorded,or electronically transmitted messages. To violate the law,harassment must be serious in nature,be repeated,and/or have an impact on employment.This policy,however,not only prohibits unlawful harassment,but also offensive conduct that is contrary to Frederick County's professional expectations for its employees.Thus,Frederick County may take action to address offensive behavior or statements based on a person's protected class even if such action(s) standing alone would not rise to the level of unlawful harassment. Reporting Obligations Any employee who feels he or she has been subjected to or has witnessed any kind of discrimination or harassing behavior as described in this policy should immediately notify his or her supervisor or Department Head.In addition,if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department Head,including but not limited to instances in which the supervisor or Department Head is engaging in or allowing the harassment,an employee may always instead opt to notify the Director of Human Resources.A supervisor who becomes aware of any harassment,or who receives allegations of harassment from any employee,must immediately advise the Director of Human Resources. Investigation All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted by the circumstances consistent with the need to investigate and address the issue.Employees 195 must cooperate fully and truthfully in any investigation relating to this policy.Depending on the results of the investigation,Frederick County may take corrective action,including such discipline as is appropriate,up to and including immediate termination of the employee. Retaliation Prohibited Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and truthfully in an investigation under this policy.Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline,up to and including termination.If an employee believes he or she has been retaliated against in violation of this policy,the employee must report such violation in the same way other violations of this policy are reported. Individuals and Conduct Covered This policy prohibits harassment,discrimination,and retaliation whether engaged in by,or directed at, employees,contractors,clients,vendors,or others an employee may come into contact with while working or representing the County.Conduct prohibited by this policy is unacceptable in the workplace and in any work- related setting outside the workplace,such as during business trips,business meetings,and business-related social events. Updated/Approved: 01/08/2020 196 ADDENDUM REGARDING NON-DISCRIMINATION/NON-HARASSMENT Issued by Human Resources Department,July 2020 In keeping with Frederick County's commitment to a work environment in which all individuals are treated with respect and dignity,discrimination and/or harassment on the following bases is prohibited: • Race,to include discrimination on the basis of traits historically associated with race,including hair texture,hair type,and protective hairstyles such as braids,locks,and twists • color • religion • sex • national origin • pregnancy,childbirth,medical conditions related to pregnancy or childbirth • age • marital status • disability • military service • veteran status • gender identity • sexual orientation • genetic information (such as information that could be used to determine an employee's risk for disease). 197 See Chapter 39 of Title 2.2 of the Code of Virginia and Title VII of Civil Rights Act of 1964, included earlier in these materials. 198 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation Undisclosed Taxpayer— Disabled Veteran's Relief- $5,911.74 Attachments: BOS09-09-20Req uestForRefund.pdf 199 COUNTY OF FREDERICK Roderick B.Williams w County Attorney w 540/722-8383 1736 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Seth T. Thatcher, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 31, 2020 RE: Refund—Undisclosed Taxpayer—Disabled Veteran's Relief I am in receipt of the Commissioner's request, dated August 27, 2020, to authorize the Treasurer to refund a taxpayer the amount of$5,911.74 from 2012 through 2020 for real estate taxes,based on proper filing of proof of 100%permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. This refund applies to the Veteran's principal residence. Taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner and the Treasurer on a confidential basis. Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 200 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(@fcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 August 27, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration (Name withheld -Veteran's Exemption - CONFIDENTIAL) Please approve a refund of$5,911.74 for exoneration of real estate taxes from 2012 through 2020 for a 100% permanently and totally service-connected disabled veteran. This refund applies to the Veteran's principle residence and is supported by the Veterans Administration official documentation that has been provided to us. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $5,911.74. 201 Date- 8/24/20 Cash Register: COUNTY OF FREDERICK Time: 10:23:36 N Cashier: OTotal Transactions: 206 N Customer Name: Customer Transactions: 17 Options: 2=Edit 4=Delete 5=View Z.P,L ncJIL Tr�nc Ti rlrot 7L� _ Tax Ammmf - PA i H RE2012 1 00090050001 $194.12- $.00 $194.12_ RE2012 2 00090050002 $319.41- $.DO $319.41- J ._ RE2013 3 D0088660001 $316.78 $.00 $316.78- RE2013 4 00088660002 $316.78- $.00 $316.78- 6o S RE2014 5 00089610001 $316.78- $.00 $316.78- / RE2019 6 00089610002 $316.78- $.00 $316.78- _. RE2015 7 00087980001 RE2015 8 00087980002 $315.56- $.00 $315.56- (� RE2016 9 00088280001 $338.10- $.00 $338.10- _ RE2016 10 00088280002 $338.10- $.00 $338.10- v RE2017 11 00088090001 $390.90- $.00 $390.90- RE2017 12 00088090002 $390.90- $.00 $390.90- Multiple Pages Total Paid : $5, 911.74 F3=Exit F14=Show Mop# F15=Show Balance F18=Sort-Entered F21=CmdLine F20=Attach Date: 8/24/20 Cash Register: COUNTY OF FREDERICK Time: 10:23:36 Cashier: Total Transactions: 206 Customer Name: Customer Transactions: 17 == 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 9, 2020 ��GrN Agenda Section: County Officials Title: Committee Appointments Attachments: BOS09-09-20 Board Comm itteeAppts(0090920Mtg).pdf 203 .r COUNTY of FREDERICK Office of the County Administrator tigGl\'f 173_ Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: September 3, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through October 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. SEPTEMBER 2020 Parks and Recreation Commission Guss L. Morrison — Shawnee District Representative 138 Cahille Drive Winchester, VA 22602 Phone: (540)450-8916 Term Expires: 09/28/20 Four-year appointment Amy Cline Strosnider— Member-At-Large 930 Payne Road Clearbrook, VA 22624 Phone: (540)662-8827 Term Expires: 09/14/20 Four-year term (The Parks and Recreation Commission is comprised of eight members, one member from each magisterial district and two members at large. Members serve a four- year term and are eligible for reappointment.) 204 Memorandum — Board of Supervisors September 3, 2020 Page 2 OCTOBER 2020 Regional Jail Authority Supervisor Robert W. Wells — Frederick County Representative Term Expires: 10/13/20 Four-year term (Frederick County has four seats on the Authority. Current county members are Supervisor Robert W. Wells, Supervisor Judith McCann-Slaughter, County Administrator Kris C. Tierney and Sheriff Lenny Millholland. Chairman Chuck DeHaven serves as the Alternate.) VACANCIES/OTHER Economic Development Authority (EDA) Bob Claytor— Frederick County Representative HN Funkhouser & Co. 2150 S. Loudoun St. Winchester, VA 22601 P. O. Box 2038 Winchester, VA 22604 Office: (540)662-0833 Term Expires: 09/10/22 Four-year term (Mr. Claytor has resigned.) John R. Riley, Jr. — Frederick County Representative 101 Barrel Way Stephenson, VA 22656 Phone: (540)323-0642 Term Expires: 11/10/20 Four-year term (Mr. Riley has resigned.) (Since this seat expires in two months, staff recommends a four-year term after the 11/10/20 date.) (See Attached Applications of Richard Till and Susan Brooks.) (The Economic Development Authority is comprised of seven members. Members serve a four-year term and are eligible for reappointment.) 205 Memorandum — Board of Supervisors September 3, 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.) Susan J. Brinkmeier— Member-At-Large 216 Centennial Drive Stephenson, VA 22656 Term Expires: 05/24/21 Four-year term (Staff has been advised that Ms. Brinkmeier has moved out of state.) (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.) 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 did not wish to serve another term.) (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.) 206 Memorandum — Board of Supervisors September 3, 2020 Page 4 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 6410 Middle 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 (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. The process is still ongoing with the City of Winchester. The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001.) AWP/tjp Attachments U:\TJ Rcom m itteeappoi ntments\Mm os Lettrs\Boa rd Comm itteeAppts(09092020 Bd Mtg).docx 207 INFORMATIONAL DATA S11 EET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS Please provide the following information for review by the Board of Supervisors regarding your interest in serving on- F"D62ic1- (psr+'s t P-a A, '8 0P*2� ) ,� Please print clearly if filling out by hand. Thank You. Name: Home Phone: Address: Z$ 4+RVVlW C T- Office Phone: SIV-9*9-403 G#y Cell/Mobile: 7-16 rZ�-- Fax: Employer: }}R ZV fJ ftV%1 G 5 1-1-C-- Email: q f44►L.[.o M Occupation >-I+ r FswfLc 6 s V(�..kT ! r Civic/Community Activities: 40 1 ,mA %io., -atseam�y '�vswcr H,c� 6��n�n•N WoWc�c.. Sw��.ve �1=oar�er 8ot� Mti�hc� -$ct.14t1T�v-rurs;r t� �.�t��..:w� Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Frtzsr Thw'4" - Mfl-tk Yes: No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No:_2�_Explain: Additional Information Or Comments You Would Like To Provide If you need more space,please use the reverse side or include additional sheets): S&r-ag CoNa,)+f% - S t~.Ar VP v,-F-e&.I*, YSVLtLv u-.1 F10-J -T ►•h,i ruaa 0 t✓ ►r0 Vso fl P a-osa w z p vxA ate,r. Applicant's Signature:` '_ Date Q 1 td 20 Nominating Supervises- omments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: tprice Afcva.us or jtibbsna kwaus (08/06/7010) 218 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS Please provide the following information for review by the Board of Supervisors regarding your interest in serving on Economic Development Authority Board _ Please print clearly if filling out by hand. Thank You. Name: Susan Brooks Home Phone: Address: 141 Security Drive Office Phone: 540.722-1555 Winchester,Virginia 22802 Cell/Mobile- Fax: NA Employer: Navy Federal Credit union Email: susan—brooks@navyfederal.org Occupation: Senior Vice President,Contact Center,Winchester Operations Civic/Community Activities: i serve on the board for the United Way,NSV,the Top of Virginia Regional Chamber of Commerce Board of Directors, Shenandoah University School of Business Board of Advisors,and am a Corporate Member of the Valley Health System Corporation,Pannerwtlh Bright Fuaaes and MSV. Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: First Thursday of each month,8:00-9:00am Yes' X No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: X Explain: Additional Information Or Comments You Would Like To Provide(If you need more space,please use the reverse side or include additional sheets): 1 have called Frederick County home since 2009,and am proud to have been involved in the community for the past 11 years.I am grateful for this opportunity to continue to serve,and welcome the ability to promote decisive economic advancement within Frederick County. Applicant's Signature: _ate: August 13,2020 Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: turice0a feva.us or itibbs(u?fcva.us (08104!2020) 209 Contact Susan Brooks susan-brooks@navyfederal.org Senior Vice President, Contact Center, Winchester Operations Navy Federal Credit Union Top Skills Winchester, Virginia StrategyStrategic Planning Business Summary Brand Management Busines .- - ` Susan Brooks is currently the Senior Vice President, Contact Center, Leadership Winchester Operations. She is responsible for overseeing the Awards day to day operations of both the Contact Center and the entire Samuel - Pennestri Award for Winchester Campus. The campus has quickly expanded and now Leadership E - - - employees over 2,000 team members which includes Contact Navy Federal Credit Union's most Center Operations, Member Relations, Credit Cards, Loans, prestigious aw- • presented Resolution, Digital Services, Fraud, Remittance, Human Resources, annually to •ne ient from Facility Management, Security, Branch Operations, Lending and ISD. across the enterprise exhibiting dedicationextraordinary leadership skills, loyalty Brooks began her career at Navy Federal Credit Union in 1993 union. as the Supervisor of Risk Control. Since then, Susan has held numerous positions including Assistant Manager, Credit Card Approvals and Collections, Manager, Credit Card Services; Manager, Public Relations; Assistant Vice President, Marketing and Assistant Vice President, Consumer/Mortgage Lending. Susan is passionate about her community and serves on the Board of Directors of the United Way of the Shenandoah Valley, the Top of Virginia Regional Chamber Board of Directors, the Shenandoah University School of Business Board of Advisors, and is a Corporate Member of the Valley Health System Corporation. Experience Navy Federal Credit Union 27 years 8 months Senior Vice President, Contact Center, Winchester Operations March 2009-Present Grew campus from 91 employees to over 2,000; adding two buildings making campus atmosphere. Responsible for overseeing the day to day operations of both the Contact Center and the entire Navy Federal Winchester campus. Contact Center employees are located across all 3 Navy Federal locations (Winchester and Vienna, VA and Pensacola, FL). Page 1 of 2 210 Assistant Vice President, Consumer Lending February 2006-March 2009 Responsible for consumer loan products and services for worldwide membership; including car loans, education loans, boat, motorcycle and personal loans. Assistant Vice President, Marketing September 2005-February 2006 Vienna,VA Manager, Public Relations February 2005-September 2005 Vienna, VA Manager, Credit Card Services April 2003-February 2005 Vienna,VA Assistant Manager, Credit Card Approvals and Collections December 1999-April 2003 Vienna,VA Supervisor of Risk Control January 1993-December 1999 Cable and Wireless Communication 1991 - 1993 First America Bank 1985- 1991 Page 2 of 2 211 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Committee Business - Finance Committee Title: Finance Committee Business Attachments: BOS09-09-20FinanceCommitteeReport19August2020.pdf BOS09-09-20ResolutionSettingDataCenterTaxRate.pdf 212 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,August 19, 2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,August 19,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Jeffrey Boppe;Angela Rudolph-Wiseman; and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher,Commissioner of the Revenue. Committee Member Absent: none. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney;Joe Wilder, Public Works Director; Chester Lauck, Deputy Emergency Management Coordinator; Lenny Millholland,Sheriff;Jason Robertson, Parks& Rec Director; Jon Turkel,Assistant Parks& Rec Director; and Patrick Barker, EDA Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( * ) Items 1,2,5 and 10 were approved under consent agenda. 1. ( *)The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$51,281. This amount represents a carry forward of unspent FY20 funds for carpet installation that is currently in process. See attached memo, p.4. 2. (* )The F&R Chief requests a General Fund supplemental appropriation in the amount of $76,000. This amount represents a carry forward of unspent grant funds for the Stephens City Swiftwater Team. The grant and appropriation were originally approved by the BOS on 11/13/19. See attached information, p.5—17. 3. The P&R Director requests a General Fund supplemental appropriation in the amount of $55,000. This amount represents proffer funds for an outdoor gym facility at Clearbrook Park. The P&R Commission approved the request on August 11,2020. See attached information, p. 18—21. The committee recommends approval. 4. The Public Works Director requests a General Fund supplemental appropriation in the amount of$20,000. This amount represents funds donated and reserved for the spaying and neutering 1 213 of shelter pets. The Public Works Committee approved the request on July 28,2020. No local funds required. See attached information, p. 22—23.The committee recommends approval. 5. ('* )The Public Works Director requests a General Fund supplemental appropriation in the amount of$2,495. This amount represents unspent FY20 grant funds for environmental education. The grant appropriation was originally approved by the BOS on 10/23/19. The Public Works Committee approved the request on July 28,2020. See attached information, p. 24—25. 6. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $1,327,298. This amount represents a carry forward of unspent FY20 funds for various projects.The Public Works Committee approved the request on July 28,2020. See attached information, p.26. The committee recommends approval. 7. The Sheriff requests General Fund supplemental appropriation in the amount of$11,492.03. This amount represents 2 auto insurance claims and will go toward auto repair and the purchase of a new vehicle. No local funds required. See attached information, p. 27—30.The committee recommends approval. The committee recommends approval. 8. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80. This amount represents the sale of surplus and will be used towards the purchase of a new cruiser and a building at the impound lot. No local funds required. See attached information, p.31—32.The committee tabled the request pending yearend financial information. 9. The EDA Director requests discussion on the tax rate for data centers. See attached information, p.33—40.The committee recommends approval. 10. (*)The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p.41—43. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for July 2020. See attached, p.44. 2. Fund balance information will be provided after the County closes FY20. 2 214 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Jeffrey Boppe Angela Rudolph-Wiseman By Cbg,�L 13. Sh Cheryl B.Shiffler, Finance Director 3 215 i COUNTY of FREDERICK :A, Jay E. Tibbs Deputy County Administrator 540/665-6382 Fax 540/667-0370 E-mail: jtibbs@fcva.us TO: Finance Committee FROM: Jay E.Tibbs.,Deputy County Administrator DATE: August 12,2020 RE: Carry Forward for Carpet Replacement Project This is a request for a General Fund supplemental appropriation in the amount of$51,280.70. This amount represents a carry forward request for the replacement of carpet on the second floor of the south building (i.e. Parks&Recreation and Cooperative Extension). The Maintenance Department utilized standing purchase order#17700 for this project. Unfortunately,a standing purchase order does not encumber the funds for the project. The carpeting has been received and installed;however,there were problems with the installation and staff is working with the contractor to clear up defects,etc. We respectfully request that these funds be carried forward in line item 4-010-043040-3004-000-003 so we can complete the project and pay the contractor once the project is completed. Should you have any questions,please do not hesitate to contact me. FY20 bal: $62,485.34 107 North Kent Street•Winchester,Virginia 22601-5000 4 216 41GY`.f COlr COUNTY OF FREDERICK,VIRGINIA w FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive .1758 Winchester,VA 22602 Dennis D.Linaburg Fire Chief 11i1U MEMORANDUM •INCE DEQ. -ITMENT TO: Cheryl Shiffler, Director Finance Department FROM: Dennis D. Linaburg, Chief Fire and Rescue Departme AN SUBJECT: Carry Forward Request DATE: July 29, 2020 The Stephens City Fire and Rescue Company is requesting a FY20 fund carry forward of$76,000.00 unspent from line item 4-010-32020-5604-000-007 to the same line item in the FY21 budget. The SHSP grant will be used to fund the Stephens City Swiftwater Team. If you have any questions or need additional information, please do not hesitate to contact me. DDL:kbu CC: file Office (540) 665-5618 dlinaburfffcva.us Fax (540) 678-4739 217 Grant Application Request Form The Grant Application&Acceptance Policy,adopted by the Board of Supervisors on March 23,2016,outlines the policies for submitting grant applications on behalf of Frederick County and for the acceptance and appropriation of all grant awards. This policy applies to any Frederick County program,department or constitutional office preparing and submitting grant applications to agencies outside the County government for funds,materials or equipment to be received and administered by the County or by an agency for which the County acts as fiscal agent. Please refer to the policy flow chart on the back of this form to assist in determining the appropriate course of action. The policy in its entirety can be found on the Finance intranet page. Complete the information below and attach as the cover to all grant applications sent to the County Administrator for approval. Requesting Department Fire& Rescue Name of Grant Stephens City Swiftwater grant Grantor VDEM Grant deadline for submission Total Amount of Anticipated Award $76,000.00 To supplement the Stephens City Fire & Rescue Swiftwater team Purpose of grant(summary) as a local and state asset. Funds will be reimbursed by VDEM as pass through from FEMA. Grant approved through budget G'f-'s rj Q 111 t-3 process?(Yes/No) 0 6Iq Local Match Requirement(Yes/No) No Amount: 1$0.00 If yes,Source(s) &amount(s)of local match(fin comm/BOS approval required if match requires a budget amendment) Other associated costs no associated cost Continuing obligation and cost (fin comm/BOS approval required) Addition of Staff and cost(Yes/No) No How many? Total cost, (fin comm/BOS approval required) 1 including fringes: Revenue and Expenditure codes& 4,0)D- 6s 2too33(D amounts 3,0(0—D3301D-000) Department Contact(name,email,phone) Chester Lauck, clauck@fcva_us 540-504-6457 Department Head approval to apply r for grant Date 4/14 WO BOS approval date(if applicable) _ / Finance review of grant policy Date compliance County Administrator approval to Date apply for grant / ZO Notes: aA med coskwW� a C 11Wx,eQ (� 6 218 Virginia Department of Emergency Management SUBAWARD AGREEMENT Page 1 of 3 10501 Trade Court North Chesterfield, VA 23236 1. SUBRECIPIENT NAME AND ADDRESS: a. SUBAWARD ID NUMBER: 8312 b. Federal Award ID:EMW-2019-SS-00079-S01 5. SUBAWARD DATE: March 4,2020 Frederick County 6.PROJECT PERIOD: October 01,2019 to June 30,2021 107 N.Kent St. BUDGET PERIOD: October 01, 2019 to June 30,2021 Winchester,VA 22601 7.TOTAL AMOUNT OF THIS SUBAWARD: $76,000.00 SUBRECIPIENT DUNS Number:142884365 8.FEDERAL AMOUNT OF THIS SUBAWARD: $76,000.00 SUBRECIPIENT EIN:54-6001290 SUBRECIPIENT NON-FEDERAL COST SHARE EQUIREMENT:N/A 10.INDIRECT COST RATE(If applicable): PASS-THROUGH ENTITY: Virginia Department of Emergency Management SUBAWARD NAME: 2019 State Homeland Security Grant Program(SHSP) CFDA: 97.067 Homeland Security Grant Program(HSGP) U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency(FEMA) 11 STANDARD TERMS AND CONDITIONS&SPECIAL CONDITIONS — I he above subaward is approved subject to the 2019 Department of Homeland Security(DHS)Standard Terms and Conditions and VDEM Special Conditions found here:DHS Terms and Conditions 201 oy 12.APPROPRIATION AUTHORITY FOR GRANT The project is supported under the Department of Homeland Security Appropriations Act, 2019(Public Law No. 115-141). 13.METHOD OF PAYMENT Commonwealth of Virginia Cardinal Accounting System AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE 14.NAME AND TITLE OF APPROVING VDEM OFFICIAL 16.NAME AND TITLE OF AUTHORIZED OFFICIAL Jeffrey D.Stern Ph.D. Kris Tierney State Coordinator County Administrator 15.SIGNATURE OF APPROVING VDEM OFFICIAL 17.SIGNATURE OF AUTHORIZED UBRECIPIENT OFFICIAL 18.DATE: Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 7 219 Or Virginia Department of Emergency Management 10501 Trade Court SUBAWARD AGREEMENT Page 2 of 3 North Chesterfield, VA 23236 Subaward Name: 2019 State Homeland Security Grant Program (SHSP) Subaward Date: March 4,2020 SPECIAL CONDITIONS 1 The Subrecipient shall comply with the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 2 ,and adopted by DHS at-,CFR Part 3002 and the U.S. Department of Homeland Security Grant Program(HSGP)Notice of Funding Opportunity (OF' 2. The Subrecipient agrees to permit the pass-through entity and auditors to have access to its records and financial statements as necessary for the pass-through entity to meet the requirements of the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards located at CFR Part 20tH 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of _. With the exception ` of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R.§ I 200.414(f),subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to char-.ie indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made,any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities,or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation(EHP)review process. Subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation,the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered,the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, state or local funds for emergency preparedness. Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 8 220 Virginia Department of Emergency Management r SUBAWARD AGREEMENT Page 3 of 3 10501 Trade Court g North Chesterfield, VA 23236. Subaward Name: 2019 State Homeland Security Grant Program (SHSP) Subaward Date: March 4,2020 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement:"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9. The Subrecipient agrees that,when practicable, any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 11. The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen(15)days following the end of the quarter. A Final Progress Report is due thirty(30)days after the end date of the performance period. Failure to provide this information may result in VDEM withholding :::rant funds from further obligation and expenditure and Prevent future awards to the Subreci;:ient. 12. National Incident Management System (NIMS)Implementation Compliance In accordance with HSPD-5,the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts,and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted,VDEM/SAA will determine if the Subrecipient has made sufficient: roi.:ress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop.The Trip Report template can be found at www.vaemeraency.aov under Reap _ These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines,travel expenses are allowable for approved training, planning,administrative,and exercise activities following local,state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States(OCONUS)as well as to Canada and Mexico,preapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.40., in regard to reasonableness when considering requests for travel of this type.Where applicable, you should also reference the following regarding travel:the Western Hemisphere Travel Initiative(httr)://www.dhs.gov/files/proarams/ac 1200693579776.shtm). Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." 9 221 COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND THE COUNTY OF FREDERICK,ON BEHALF OF THE FREDERICK COUNTY FIRE & RESCUE/ STEPHENS CITY VOLUNTEER FIRE& RESCUE WATER RESCUE TEAM MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is made by and between the Commonwealth of Virginia,Department of Emergency Management(VDEM)and the County of Frederick, a political subdivision within the Commonwealth of Virginia. WHERE AS, There exists within the Commonwealth of Virginia the potential for serious accidents, as well as man-made and natural disasters; and WHERE AS,The public health, safety and welfare may be threatened as a result of these incidents;and WHERE AS,The VDEM is authorized by Va. Code Ann. § 44-146.18 to enter into agreements, necessary or incidental to performance of any of its duties,with political subdivisions;and WHERE AS, The County of Frederick is the host jurisdiction of the Frederick County Fire & Rescue/ Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team; and WHERE AS,The County of Frederick and VDEM desire to enhance the Commonwealth's Emergency Management capabilities to protect the environment and the health, safety, and welfare of the citizens of the Commonwealth from the dangers and potential dangers of accidents and incidents during natural and man-made emergencies(to include acts of terrorism)by entering into this Agreement for the County of Frederick to provide a Swiftwater Rescue Team to areas impacted by events in the Commonwealth of Virginia or to fulfill a request for assistance under the Emergency Management Assistance Compact(EMAC),Va. Code Ann. § 44-146.28:1. NOW,THEREFORE,in consideration of the foregoing,the parties hereby agree as follows: I. RESPONSIBILITIES OFVDEM A. VDEM shall request Frederick County Fire &.Rescue/ Stephens City Volunteer Fire& Rescue Swiftwater Rescue Team assistance in accordance with the procedures set forth in Appendix A. B. VDEM shall reimburse all eligible expenses incurred during a VDEM-authorized response in accordance with the below procedure. 10 222 C. VDEM will place Frederick County Fire&Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team in the non-competitive category of the State Homeland Security Grant program in order to provide access to additional potential funding to support team equipment and training aligned with published annual Swiftwater Rescue program grant funding priorities. II. RESPONSIBILITIES OFTHEHOSTJURISDICTION A. The County of Frederick agrees to provide: a. A Swiftwater Rescue Team meeting the minimum personnel/equipment standards of a FEMA Type 4 SWR Team, but not to exceed the personnel/equipment standards of a FEMA Type l SWR Team. b. Team response 24 hours per day, seven days per week, at the request of VDEM,within four hours of notification with capability to self-sustain operations for at least 24 hours. See Appendix A. c. Access to team equipment and training records to the VDEM program management staff during nonnal business hours. A roster of team personnel will be furnished to the VDEM Swiftwater Rescue Program Manager on a semi-annual basis or when personnel rotate on or off the roster; roster must include training and credentialing maintained by each team member. d. A written response report to VDEM within 24 hours following a response. e. An inventory of available team equipment annually. In addition, the inventory will be resubmitted anytime equipment is added or removed from assignment to the Team. B. Report team readiness to the VDEM's Situation Awareness Unit to ensure it maintains an accurate team status at all times. VDEM will assume the team is ready unless notified the team is out of service or under a delayed response beyond the required deployment time. Nature of status will be reported as well (mechanical,personnel,training-delayed response,etc.)along with an estimate on when the team will return to a ready status. In addition,team will report response updates to the SAU which includes: acknowledge activation,enroute,on-scene,clearing the scene, and back in quarters. Status may be reported by phone,through the locality's PSAP,or via STARS radio. C. Frederick County Fire & Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team agrees to maintain training proficiency for all team members by having them complete, as a minimum,24 hours of continuing education annually and participate in annual drills or exercises developed or sponsored by VDEM. 2 11 223 D. For the life of this agreement,Frederick County Fire &Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team will maintain all Swiftwater Rescue Team equipment purchased with funds provided through VDEM. E. Frederick County Fire & Rescue/Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team agrees to participate with VDEM and other State Special Operations teams in the strategic planning process and abide by its implementation. F. Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team agrees to coordinate with other VDEM Special Operations teams to ensure interoperability and standardization of equipment. G. Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team agrees to support request for assistance under the Emergency Management Assistance Compact(EMAC)when able. III.REIMBURSEMENT PROCEDURE A. Reimbursement will vary based on the incident. The below Cost/Share Matrix indicates funding responsibility by type of call. Type of Event Responsible Party Emergency VDEM (State Declaration) Emergency (Non-Declared) Requesting Locality Responsible party(ies)will be established/negotiated between Pre-Planned Event the team, requesting locality,and VDEM based on incident threat,risk,and anticipated attendance. Emergency Management Requesting State/Locality per EMAC Acceptance Assistance Compact Request B. Payment will be made only for authorized expenses for responses authorized by VDEM and for incidents based on the above cost/share matrix. Authorized expenses include the following: 3 12 224 I. Payment of salaries,wages,fringe benefit costs of response personnel, and other expenses(in accordance with state guidelines)incurred during a response activated by VDEM. Time billed will start when the team is activated by VDEM and concludes when the team has returned to their base of operations in their locality (portal-to-portal).Up to four additional hours for equipment cleanup(when necessary)are authorized and also costs associated with backfill personnel. 2. Payment for or resupply of expendable materials used during the incident. 3. Payment for or replacement of nonexpendable items damaged beyond economical repair.A statement is required documenting extent of damage,length of time in use, and condition of item at time of damage. 4. Payment for repair of nonexpendable items. 5. Payment of workers'compensation claims. 6. Reimbursement for the use of team equipment using the below schedule. 7. Payment for vehicle insurance deductible only(up to $1,000)if the vehicle is involved in an accident on a State response. If a third party is involved in an incident and is at fault, collection will be attempted by the team from the third party before VDEM will reimburse. C. Team will submit a Cost Recovery Form to VDEM's Chief Financial Officer within 60 days following a response to request reimbursement of authorized expenses as outlined above. Payment will be made within 30 days of VDEM cost validation. D. The latest FEMA Schedule of Equipment Rates will be used to determine equipment use cost(see 44 CFR §206.228). Mileage reimbursement will be at the current IRS rate. IV. LIABILITIES A. VDEM agrees that the Frederick County Fire & Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team is an authorized agent of VDEM when its personnel are responding to a VDEM activated request. B. Pursuant to § 44-146.23 of the Code of Virginia,when the Frederick County Fire & Rescue/Stephens City Volunteer Fire &Rescue Swiftwater Rescue Team is an authorized agent of VDEM and acting within the scope of such authorization,the Team and its members enjoy limited protection from liability to the same extent as a State employee when deployed by VDEM under the circumstances of this Agreement. Virginia Code Ann. § 44-146.23 does not preclude liability for civil damages as a result of gross negligence,recklessness or willful misconduct. 4 13 225 C. In accordance with Va. Code Ann. § 65.2-101,any member of the Frederick County Fire& Rescue/Stephens City Volunteer Fire&Rescue Swiftwater Rescue Team who responds to an incident upon request of VDEM, shall be deemed an employee of VDEM for the purposes of the Virginia Workers' Compensation Act. This includes costs associated with medical care related to an illness or injury suspected of being caused or actually caused by acute illness/injury as a result of State response activities. V.RIGHTTOREFUSERESPONSEREQUEST The County of Frederick reserves the right to refuse a VDEM request for the Frederick County Fire&Rescue/ Stephens City Volunteer Fire& Rescue Swiftwater Rescue Team if its resources are already committed to other activities,emergencies,or other impending weather or disaster related events. The SAU must be notified immediately anytime the team is out of service due to these circumstances. VI. TERMINATION This Agreement may be terminated by either party upon 60 days written notice thereof to the other party. Upon termination,all equipment purchased with grant funds awarded for the purpose of establishing a statewide Swiftwater Rescue Program will be returned to VDEM so that they may be reallocated to support the state program.Equipment that has been in service for more than 3 years and/or exceeded 50%of its service life will remain with the team. VII.ENTIREAGREEMENT A. This Agreement,including all Appendices,may be modified from time to time by written agreement of the parties hereto and which Appendices are hereby incorporated by reference as a part of this Agreement,represents the entire and integrated Agreement between the parties and supersedes any and all prior negotiations,representations,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by all authorized representatives of all parties of said Agreement. B. This Agreement shall not preempt any existing mutual aid agreements(written or verbal) now in effect by the County of Frederick. C. This Agreement is not legally enforceable by any third party, does not create enforceable rights in any third party, nor shall any third party be considered a third party beneficiary of this Agreement. As such it does not imply or assume any waiver of sovereign immunity by the Commonwealth of Virginia or the County of Frederick. D. This agreement supersedes and cancels any previous agreements signed between VDEM and the County of Frederick relating to the Swiftwater Rescue Team. 5 14 226 VIII.DURATIONOFMEMORANDUMOFUNDERwTANDIN[; A. This MOU is effective upon the signature the State Coordinator of VDEM or his designee, and will expire June 30, 2025. IN WITNESS THEREOF,the parties have caused this Agreement to be executed by the following duly authorized persons: County of Frederick by: -r-is T--ie--rl i Signature: Title: Count,,Administrator Date: y�� Stephens City Volunteer Fire & Rescue by: TimothyVaught Signature: _ Title: Chief Date: Virginia Department of Emergency Management by: Jeffre, D. Stern, Signature: Title: StateCoordinator Date: 6 15 227 APPENDIX A RESPONSE PROCEDURES VDEM will activate the Frederick County Fire & Rescue/ Stephens City Volunteer Fire & Rescue Swiftwater Rescue Team by notifying the team leader and/or pre-designated personnel through the Everbridge Mass Notification System.The locality's team leader or pre-designated individual will immediately notify the appropriate personnel to facilitate the rapid deployment of the team. To the extent known at the time,requests shall specify: 1. The nature of the emergency and its location 2. The capability that is,needed by the requesting jurisdiction 3. The types and amounts of resources needed including the number of response personnel (VDEM will determine the number of personnel required during the initial response phase of an incident) 4. The address and location of where the resource should report S. The name of the official to whom the assisting personnel shall report, and tactical radio channels in use at the incident 6. State/EMAC mission number 7 16 228 131 the Frederick County Emergency Communications Center;and WHEREAS,Michelle strives constantly to make sure that the Crime Solvers program is not only successful, but also easy for the public to access and for the operators in the Emergency Communications Center to interface with,conducting training with each member of the Emergency Communications Center staff to make sure that all know how to utilize the system,and being available at all times for questions that any staff member may have in relation to working with the system;and WHEREAS, Michelle is diligent in networking with tipsters to make sure that suspects are apprehended as well as to make sure that tipsters get compensated for the tips that they give;and WHEREAS, as Administrator for the Crime Solvers program, Michelle takes on extra duties willingly and does them in addition to her other duties in the Emergency Communications Center,giving extra effort in keeping with the highest standards of the Frederick County Department of Emergency Communications,and has contributed to a number of arrests as a result of her drive and fortitude; NOW,THEREFORE BE IT RESOLVED,by the Frederick County Board of Supervisors this 13th day of November 2019,that Michelle Cunningham is hereby recognized as the Frederick County Employee of the Month for November 2019; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Michelle Cunningham for her outstanding performance and dedicated service and wishes her continued success in future endeavors;and BE IT FINALLY RESOLVED, that Michelle Cunningham is hereby entitled to all of the rights and privileges associated with this award. + + + + + + + + * + + . . . ACKNOWLEDGMENT OF STATE HOMELAND SECURITY PROGRAM GRANT AND CORRESPONDING SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $76,000.00-- I APPROVED The Board, County Administrator Tierney, and Chief t_inaburg discussed the nature of the grant being a pass through from the Virginia Department of Emergency Management which specifies allowable uses for the grant funds that can be monitored by the procurement process. Supervisor Dunn moved for acknowledgment of the grant and the corresponding supplemental i appropriation with staff addressing any procurement concerns. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G, Trout Aye Gary A. Lofton Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye f Judith McCann-Slaughter Aye BOARD OF SUPERVISORS COMMENTS— None I I Minute Sook 45 Board o f Supervisors Regular Meeting of November 13,2019 County of Frederick,Virginia 17 229j CO �rG x COUNTY of FREDERICK w ® Parks and Recreation Department y�.ctn, 540/665-5678 Fax: 540/665-9687 E-mail: fcprd@fcva.us MEMO www.fcprd.net To: Finance Committee From: Jason Robertson, Director Through Jon Turkel, Assistant Director r'- Subject: Proffer Request: Outdoor Gym, Clearbrook Park Date: August 12, 2020 The Parks and Recreation Commission is requesting $55,000 in proffer funds be used to Install an outdoor gym facility at Clearbrook Park. This facility would be like the outdoor gym installed at Sherando Park, but with a focus on flexibility,range of motion, and cardiovascular development. A rendering of the proposed facility is attached (Attachment 1). The cost breakdown of the project is as follows, any unused funds would be returned to the Parks and Recreation proffer account: Proposed Outdoor Gym,CB Park Equipment Quote: $34,960 Bordering,& Mulch $10,000 Access Path $5,040 Subtotal: $50,000 10%Contingency $5,000 Total Request: $55,000 Amenity development at Regional Parks is referenced in the county Capital Improvements Plan under the heading of"Regional Parks" for the purpose of meeting the needs of new and existing residents. Fitness facilities are identified as the 6'most desired facility type in the 2017 Parks and Recreation community survey. There are several contributing developments in the 10-15-mile park service area. The Parks and Recreation proffer balance as of July 31, 2020 was $330,532.12. The Frederick County Proffer Policy is attached for reference (Attachment 2). 107 North dent Street • 19 230 Virginia 22601 230 N Greenfields VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. 1-08-03-2020 Outdoor ;Fitness. PROPOSED OUTDOOR FITNESS ZONE Promoting IMe!/ness It fighting ObeWfy One Commnn(W at a Mne". r ~ I ` yy.. _ p Z This document is for presentation purposes only,not for construction. Before you begin installation,please contact Greenfields at(888)-315-9037 or csc@greenflaldsfitness.eom for up to date instigation Instructions. This presentation has been designed for printing on tabloid(11'x1 7-'1 sized papFr. N CM N Greenfields VA-FREDERICK COUNTY-CLEARBROOK PARK-V.3-REV. 1-08-03-2020 Outdoor Fitness. PROPOSED OUTDOOR FITNESS ZONE Promoting[Melkress&FfgBNag Of eafty One Cowmanfty at a Thna.' i Engineered wood fiber surFaclnU !� 0 E PROPOSED EQUIPMENT LEGEND r r T t l A SGR2005-1-04 2-Person Tai-Chi Spinners J - B SGR2005-1-22 4-Person Pendulum,Abs,&Dip Station H C SGR2005-1-23 2-Person Air Walker D SGR2005-1-26 2-Person Cross-Country Ski + ` E SGR2005-1-28 Seated Core Strengthening \— F SGR2005-1-46 4-Person Twisting Station D G SGR2005-1-49 Recumbent Bike H SGR2005-1-92 Stair Climber 7G i I SHP2009-5-03 Elliptical Cross Trainer J SHP2009-7-31 Balance Beam FB— These 10 units may serve up to 19 people at a time. f This document Is for presentation purposes only,not for construction. Before you begin Installation,please contact Greenfields at(888)-316.9037 or csc@greenneldsfitnese.com for up to date Installation Instructions. This presentation has been designed for printing on tabloid(11"x17)sized paper. Frederick County Cash Proffer Policy As approved by the Board of Supervisors on January 28, 2009. Proffered funds received by Frederick County will be held for the use specified by the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked.for the first due company in the area of the subject rezoning at the time the proffered funds are received. All proffered funds will be collected, held, and will accumulate until such time as a capital project funding request is received from a qualifying County department, agency, or volunteer fire and rescue company. Qualifying agency or departmental requests to access proffered funds shall be submitted to the County=s Finance Department for processing. In order to qualify as a capital project the following criteria must be met: 1) the item or project must have a minimum value of five thousand dollars ($5,000), and,- 2) nd;2) the item/project must have an anticipated useful life of at least five (5)years. The Finance Department will forward requests to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of proffered funds for the requested purpose. To assist the Finance Committee and Board in their deliberations requests to utilize proffered funds should include the following: 1) the amount of funds requested, 2) the total project cost, 3)a detailed description of the desired capital project or purchase including a discussion of how recent or anticipated development contributes to the need for the expenditure, and, 4) indicate whether or not the item or project is listed on the County=s Capital Improvements Plan (CIP). In order to comply with State Code ' 15.2-2-2298 (A) the Planning staff, working in conjunction with the County Attorney,will attempt to insure that cash proffers associated with future rezonings are appropriately addressed through inclusion of relevant capital projects in the County=s CIP prior to acceptance of the proffered funds. For the purpose of determining whether a projector item is appropriate for individual listing on the CIP only, a threshold value of$100,000 and useful life of at least five year shall be utilized. (This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed.) C:USERS`SKIBLER.FREDCOCOV�APPDATAILOCAL•TEMP,ADOPTED PROFFER POLICY 128 09 16SOa7,ADOPTED PROFFER POLICY 1 28 09.DOCX 21 233 cc COUNTY of FREDERICK w Department of Public Works 540/665-5643 FAX: 540/678-0682 � MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder,Director of Public Works SUBJECT: Supplemental Appropriation/Carry Forward Requests for Fiscal Year 2021 DATE: July 31, 2020 In a regularly scheduled meeting held on July 28,2020,the Public Works Committee unanimously endorsed the following carry forward requests: a. Animal Shelter Budget I. Line Item 10-4305-3001-00 Professional Health Services Request supplemental appropriation in the amount of$20,000 for the spay/neuter program. Funds are available from donations in the reserve fund line item 10-240-2501. (Attachment 1) b. Solid Waste Budget 1. Line Item 10-4203-5412-01 Educational Supplies-Grant Request a carry forward in the amount of$2,495. This grant amount from the Virginia Chesapeake Bay Fund was unable to be spent in the FY20 budget due to COVID-19 concerns. (Attachment 2) c. Landfill Budget 1. Line Item 12-4204-3002-00 Professional Services Line Item 12-4204-8003-00 Communication Equipment Line Item 12-4204-8900-00 Improvements other than Request any unspent funds from these line items be placed in same line items in FY2021 Budget. (Attachment 3) Please include the above carry forward requests/supplemental appropriation on the next Finance Committee agenda. JCW/kco attachments as stated cc: file 107 North Kent Street, Second Floor, SLg?200 9 Winchester, Virginia 22601-5000 234 ATTACHMENT 1 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: FY 21 Donation Fund Appropriation DATE: 7/9/20 The Shelter is requesting an appropriation from 1034 donation fund, into line item 10-4305-3001-01 Professional Services - Donation, in the amount of$20,000.00 for the FY 21 Budget. The funding is part of the Dorothy Flemming trust given for the purpose of spaying and neutering shelter pets. Please contact me if you have any questions. KMW:hag bal $1,234,020 23 235 CO 4 wit COUNTY of FREDERICK w Department of Public Works 5401665-5643 FAX: 540/678-0682 ATTACHMENT 2 MEMORANDUM TO: Cheryl Shiffler, Director, Finance Dept. FROM: Gloria Puffinburger, Solid Waste Manager - THROUGH: Joe Wilder, Director, Public Works SUBJECT: Carry forward of grant funds to Refuse Collection (4203); FY 20/21 DATE: July 21, 2020 The purpose of this memorandum is to request the carry forward of grant funds shown in line item 10-4203-5412-01 (Refuse Collection) to the current 20/21 fiscal year. Funds total $2,495 and have been granted to the county in support of environmental education from the Virginia Chesapeake Bay Fund administered by the Virginia Department of Legislative Services. Monies were intended to be expended during the spring 2020 school term, however, health concerns due to the coronavirus made this impossible. The department has been granted an extension to complete the project. If you have any questions, please contact me at Extension 8219 or gpufnb�a fcva.us. /gmp cc: file fy 20 bal $2,495 funds received c.s. 5/20/19 3-010-019040-0015 107 North Kent Street, Second Floor, SLgee 200 9 Winchester, Virginia 22601-5000 236 Sharon Kibler From: Gloria Puffinburger Sent: Thursday, August 13, 2020 3:53 PM To: Sharon Kibler Subject: FW: '[External]'Re: Chesapeake Bay Grant 19-015 From: Gwen Foley<gfoley@dls.virginia.gov> Sent: Friday, April 24, 2020 2:54 PM To: Gloria Puffinburger<gpuffinb@fcva.us> Cc: Scott Meacham<smeacham@dls.virginia.gov> Subject: '[External]'Re: Chesapeake Bay Grant 19-015 As detailed in this e-mail, permission is granted for the extension of Chesp. Bay Grant#19-015 until July 1, 2021, at which time your final narrative and fiscal report will be due. If you have any other questions or concerns, please do not hesitate to contact me. Thanks, Gwen On Fri, Apr 24, 2020 at 1:03 PM Gloria Puffinburger<gpuffinb@fcva.us>wrote: Ms. Foley: I am writing to inquire about unexpended 2019 grant awards and the possibility of completing the above-referenced project during the 2020/21 fiscal year. Assemblies were scheduled to happen this spring at local public and private schools per the grant application, however, with the close of all schools in early March, Frederick County as forced to suspend this project. It is still our desire to bring our chosen vendor and his live Chesapeake critters back to our local school children during the next school year.The program has been well-received in the past and provides a lot of useful information about personal actions that can be taken to improve the health of the bay and its creatures. I look forward to hearing from you. i 26 237 CO�� COUNTY of FREDERICK w Department of Public Works 5401665-5643 7-M RAX: 540/678-0682 ATTACHMENT 3 MEMORANDUM TO: Public Works Committee FROM: Ron Kimble, Landfill Manager THROUGH: Joe C. Wilder, Director of Public Works SUBJECT: Carry Forwards to 2020/2021 DATE: July 20,2020 We are requesting that funding remaining at the end of the 2020 fiscal year in each of the following line items be carried over into the new 2020/2021 budget. 12-4204-3002-00 Professional Services Landfill staff are currently looking at long term waste disposal options for the local service area. Moving the remaining funding in this line item into the 20/21 budget will ensure that the current studies will be completed. An estimated amount of$188,111 remains in this line item at the end of FY20. 12-4204-8003-00 Communication Equipment The 2019/2020 budget had $40,000 allocated to begin the creation of an onsite network at the landfill facility. The first step of establishing a trunk line to connect the facility directly to the County's network has been completed. Landfill staff continue to work with the County IT department to establish the most effective networking options moving forward. 12-4204-8900-00 Improvements Other Than Hetzer Construction is in process of blasting and crushing rock in the area of future MSW Cell 3A. The funding that we are requesting be moved in this line item is allocated to this project. Staff estimate that a total of$1,099,187 will be available to carry forward in this line item. In total, I am asking that an estimated $1,327,298 be carried over into the 2020/2021 budget. Please contact me at 540-665-5658 should you have questions regarding this request. 25 238 � AGK COUNTY SHERIFFIS p FjC4� Sheriff Lenny Mlllholland �' `� ° Major Steve A.Hawkins i'{�c:s fid►F' 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO :Cheryl Shiffler Director of Finance FROM :Sheriff Lenny Millhoiland DATE :July 17,2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriffs Office has received a check from VACoRP for an auto claim dated June 10,2020.We are requesting$7,025.00 be appropriated into the following line item.This amount will go towards a vehicle to replace the one that was total Please appropriate to line item 31020-8005-000-000 LWM/adc Cc��t l Shc�l -1-►s Zo (�i`i-�vi 27 239 VACORP July 8,2020 Frederick County Attn: Jennifer Place 107 N.Kent St. Winchester,Virginia 22601 Virginia Association of Counties Group Self-Insurance Risk Pool Member: Frederick County Claim Number: 0342020266771 Date of Loss: 06/10/2020 To Frederick County: Enclosed please find a VACORP property damage check in the amount of$7,025.00 for the damages to the 2014 Ford Taurus. We issued payment$7,525.00(estimate)—$500.00 (deductible)_$7,025.00 to Frederick County.This repair was determined by S&S Appraisal Services If you should have any questions regarding this payment,please do not hesitate to contact our office. Sincerely, Corey Reese Claims Associate Enclosed: check Cc:Jennifer Place 1819 Electric Road,Suite C-Roanoke,Virginia 24018 xa tree 888.822.6772-isx 877.212.8599 28 240 Frederick County Sheriffs OfFice SHERIFF CK COG2 Sheriff Lenny Millholland *� 4 Major Steve A.Hawkins yFq�FPS�FQ V/RG1N1P 1080 Coverstone Drive Winchester,Virginia 22602 Office(540)662-6168 Fax(540)504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland DATE : August 3, 2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriff's Office has received a check from VACoRP for an auto claim dated June 12, 2020. We are requesting $4467.03 be appropriated into the following line item. Please appropriate to line item 31020-3004-000-002 Thank you LWM/adc 29 241 YACORP July 10,2020 Frederick County Attn: Jennifer Place 107 N. Rent Street Winchester,Virginia 22601 Virginia Association of Counties Group Self-Insurance Risk Pool Member: Frederick County Claim Number: 0342020267029 Date of Loss: 06112/2020 To Frederick County: Enclosed please find a VACORP property damage check in the amount of$4,467.03 for the damages to the 2017 Ford Fusion VIN#2835, We issued payment$4,967,03 (estimate)—$500.00 (deductible)=$4,467.03 to Frederick County. This repair was determined by S&S Appraisal Services. If you should have any questions regarding this payment,please do not hesitate to contact our office. Sincerely, Corey Reese Claims Associate Enclosed: check Cc: Jennifer Place 1818 electric Road,Suite C-Roanoke.Virginia 24018 wi ties 888.822.6772-tax 877.212.8599 30 242 �R CK COUNTY SHERIFF,s of Sheriff Lenny Millholtand ° Major Steve A.Hawkins 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504.6400 TO : Cheryl Shiffler Director of Finance FROM :Sheriff Lenny Millholland SUBJECT :Appropriation of Funds—Payment for Cruiser DATE :July 21,2020 Frederick County Sheriff's Office has received payment in the amount of$18,159.23 from PAYMAC Inc.for the purchase five cruisers that were out of service and a 1989 trailer that was at the impound lot unoccupied.The Amount has been posted to 3-010-015020-0007 We are requesting the amounts to be appropriated into the following line items 31020-8005-000-000-$13,409.23.This will be used to go towards a new cruiser 31020-8009-000-000-$4,750.00.Will be used to go towards a building at the impound lot. Thank you, LWM/adc C.S. `7laoja0 a3, lS .a3 6.000 at#Q4LLLe `� `� •a3 -' A- 243 RICK COUNTY SHERIFFS O � 09 FFI c� VSriFIdpp Sheriff Lenny Millholland ° Major Steve A. Hawkins 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT : Appropriation of Funds—Public Surplus DATE : August 12, 2020 Frederick County Sheriff's Office has received payment in the amount of$2,400.57 from PAYMAC Inc. for the purchase of a generator and projector. The Amount has been posted to 3- 010-015020-0007. We are requesting the amount to be appropriated into 31020-8009-000-000. Will be used to go towards a building at the impound lot. Thank you, LWM/adc c.s. 8/13/20 32 244 Frederi"' ckVAca ECONOMIC DEVELOPMENT AUTHORITY DATE: August 11, 2020 TO: Cheryl Shiffler Finance Director FROM: Patrick Barker, CEcD Executive Director, Frederick County EDA CC: Jay Tibbs Deputy County Administrator RE: Data Center Equipment Tax Rate Request Northern Virginia is the largest data center market in the world. Estimates from 2018 reveal that the data center industry in Virginia directly provided approximately: • 14,644 full-time-equivalent jobs with an average annual pay of$126,000 (data center industry pay has increased twice as fast as the statewide average since 2001), • $1.9 billion in associated pay and benefits, • $4.5 billion in economic output. Data centers pay millions of dollars in state and local taxes in Virginia, even though Virginia has a sales and use tax exemption on some equipment for data centers that are large enough to qualify for the exemption. In addition to the taxes paid directly by data centers, local governments and the Commonwealth collect tax revenue from the secondary indirect and induced economic activity that data centers generate. Estimates from 2018 forecast that data centers were directly and indirectly responsible for generating $600.1 million in state and local tax revenue in Virginia. Frederick County, and the rest of the Shenandoah Valley, have mostly been left out of Virginia's data center market. Seventy-five percent of data center employment was in Northern Virginia in 2018. The Shenandoah Valley accounted for only two percent. Data center experts state that Virginia and the United States have not yet reached "peak data center." The expansion of artificial intelligence, machine learning, and augmented reality are all putting increasing demands on data centers. In addition, with the rollout of 5G technology to wireless networks, the shape of the industry will change. It is likely that the rate of growth of data center operations will be even greater than in the past. Frederick County's time is now to acquire a share of the data center market. In consulting with project managers at the Virginia Economic Development Partnership and data center experts, the creation of a competitive tax structure for data center operations is one of the first steps for Frederick County to be competitive in this sector. Currently, data center prospects most always build in Loudoun County and then Prince William County. One of the single most important reasons for northern Virginia's domination of the data center market is that itis right on the doorstep of Washington D.C., without actually being in the city. (OUR MOVE.OUR COMMITMENT. 45 E.Boscawen St.Winchester,VA 226o33540-665-0973 0 YesFrederickVA.com 245 Page 2 of 3 Data Center Equipment Tax Rate Request Northern Virginia is one market where fiber connectivity is widely available. Another reason that Northern Virginia is a prime choice for data centers than other regions around the country is lower electricity costs. Ashburn and the rest of Data Center Alley have access to a pool of skilled, affordable labor that makes running a data center simpler and more affordable. Frederick County must entice data centers to look further and bring their business into an area of low data center concentration with a combination of financial incentives (e.g. low taxes, competitive utility rates, and low-cost data center capacity). Virginia enabling legislation regarding business personal property tax permits differentiation in tax treatment of data center equipment, both in method of valuation (Va. Code Sec. 58.1- 3503(A)(17)) and in rate of taxation (Va. Code Sec. 58.1-3506(A)(43)). State law (Va. Code Sec. 58.1-3506(A)(43)) defines a "data center" as "a facility whose primary services are the storage, management, and processing of digital data, and is used to house: (i) computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems; (ii) systems for monitoring and managing infrastructure performance; (iii) equipment used for the transformation, transmission, distribution, or management of at least one megawatt of capacity of electrical power and cooling, including substations, uninterruptible power supply systems, all electrical plant equipment, and associated air handlers; (iv) Internet-related equipment and services; (v) data communications connections; (vi) environmental controls; (vii) fire protection systems; and (viii) security systems and services." Many localities in Virginia have already enacted tax structures per this enabling legislation and established tax rates for data center equipment. The following is a listing of potential competing localities and their data center rates. Locality Assessed value (% of original cost), by year Rate/$100 Fauquier County 60%,40%, 20%, 10% min. $2.30 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Henrico County 72%, 50%, 32%, 20%, 12%, 4% min. $0.87 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Loudoun County 50%, 40%, 30%, 20%, 10% min. $4.20 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Prince William County 50%, 35%, 20%, 10%, 5% min. $1.35 ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Stafford County 50%, 35%, 20%, 10%, 5% min $1.25 Currently, equipment at data center operations in Frederick County would be taxed at a tangible personal property tax rate of 30% of original value then $4.86 per$100. This creates significant cost differences between Frederick County and competing localities. For example, Frederick County's five-year effective tax rate on data center operations would be $1.46 per$100 versus Prince William's $0.32, Loudoun's $1.26, Fauquier's $0.64, and Stafford's $0.30. Comparing Frederick County to Prince William County, for example, for every$10,000,000 in equipment a data center has, the net tax amount in Frederick County would be $567,000 more over 5 years, obviously creating a significant disincentive for a data center to locate in Frederick County. 4S E.Boscawen St.Winchester,VA 22601 4 S40-665-0973 0 YesFrederickVA.corn 246 Page 3 of 3 Data Center Equipment Tax Rate Request Staff collaborated with the Commissioner of Revenue's office on the following recommended rate structure for data center equipment. Assessed value (% of original cost), by year Rate/$100 50%, 35%, 20%, 10%, 5% min. $1.25 This rate structure was selected based on a review of likely competing localities, discussions with State economic development officials and data center site location consultants. This rate structure would be lower than established data center counties of Prince William, Loudoun, and Fauquier. However, it should be noted that these counties boast vastly superior telecommunications infrastructure. As such, Frederick County needs to compensate for some of that difference with a lower data center equipment tax rate, coupled with the County's lower land costs and real estate taxes. A hypothetical example of a data center project illustrates Frederick County's financial competitive edge with the recommended rate structure for data centers. The underlying assumption for the example is a 150,000 square foot facility with capital investment of$267 million — $9.75 million in real estate, $77.8 million in data center infrastructure, and $180 million in servers, which are typically refreshed every 4 to 5 years. Data center infrastructure is typically comprised of generators, UPS, power distribution units, air conditioning, cooling towers, and chiller plants. Summary findings for this hypothetical example is provided. Full details of the analysis are attached. Locality 5 Year Revenue\Tax 10 Year Revenue\Tax Liability Liability Frederick County $19,087,350 $38,174,700 (current) Frederick County $5,176,125 $9,091,469 (recommendation) Fauquier County $10,854,125 $19,270,825 Loudoun County $19,850,906 $35,680,313 Henrico County $2,773,785 $4,872,910 Prince William County $5,857,706 $10,353,769 Stafford County $5,351,625 $9,442,469 At their August meeting, the Board of Directors for the Frederick County Economic Development Authority unanimously recommended adoption of this new tax rate and forwarded it to Frederick County's Finance Committee for further evaluation and discussion. 45 E.Boscawen St.Winchester,VA 22601 5 544-665-0973 0 YesFrederickVA.com 247 Data Center Equipment Tax Rate Analysis Frederick Prince William Henrico Fauquier Stafford County Loudoun Current Proposed 5 Year DC Operator's Real Estate $297,375 $297,375 $588,656 $424,125 $484,575 $472,875 $588,656 5 Year DC Operator's Computer Hardware $5,667,975 $1,166,250 $1,259,550 $578,460 $2,503,550 $1,166,250 $4,898,250 5 Year DC Operator Tax Liability $5,965,350 $1,463,625 $1,848,206 $1,002,585 $2,988,125 $1,639,125 $5,486,906 5 Year Rank 2 5 Year DC Client's Computer Hardware $13,122,000 $3,712,500 $4,009,500 $1,771,200 $7,866,000 $3,712,500 $14,364,000 5 Year Rank 2 TOTAL 5 YEAR $19,087,350 $5,857,706 $10,854,125 $5,351,625 $19,850,906 10 Year DC Operator's Real Estate $594,750 $594,750 $1,177,313 $848,250 $969,150 $945,750 $1,177,313 10 Year DC Operator's Computer Hardware $11,335,950 $1,409,219 $1,521,956 $640,660 $3,397,675 $1,409,219 $6,531,000 10 Year DC Operator Tax Liability $11,930,700 $2,003,969 $2,699,269 $1,488,910 $4,366,825 $2,354,969 $7,708,313 10 Year Rank 2 10 Year DC Client's Computer Hardware $26,244,000 $7,087,500 $7,654,500 $3,384,000 $14,904,000 $7,087,500 $27,972,000 10 Year Rank 2 TOTAL 10 YEAR $38,174,700 $9,091,469 $10,353,769 $19,270,825 $35,680,313 Real Estate $0.61 $0.61 $1.208 $0.87 $0.994 $0.97 $1.04 Computer Hardware $4.86 $1.25 $1.35 $0.40 $2.30 $1.25 $4.20 Year 1 30% $1.46 50% $0.63 50% $0.68 72% $0.29 60% $1.38 50% $0.63 50% $2.10 Year 2 30% $1.46 35% $0.44 35% $0.47 50% $0.20 40% $0.92 35% $0.44 40% $1.68 Year 3 30% $1.46 20% $0.25 20% $0.27 32% $0.13 20% $0.46 20% $0.25 30% $1.26 Year 4 30% $1.46 10% $0.13 10% $0.14 20% $0.08 10% $0.23 10% $0.13 20% $0.84 Year 5 30% $1.46 5% $0.06 5% $0.07 12% $0.05 10% $0.23 5% $0.06 10% $0.42 Year 6 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 7 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 8 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 9 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 Year 10 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42 5 Year Average $1.46 $0.30 $0.32 $0.15 $0.64 $0.30 $1.26 RANK 2 10 Year Average $0.18 $0.20 $0.08 $0.44 $0.18 RANK 2 -01 N 36 00 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 FY 20 -20 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on , in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 20 -20 Fiscal Year as advertised in The Winchester Star on , be hereby approved in the amount of$ BE IT FURTHER RESOLVED that the County of Frederick budget for the fiscal year be adopted and the funds appropriated as follows: [FUND AMOUNTS DETAIL OMITTED HERE— NOT RELEVANT FOR PURPOSES OF SAMPLE] BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 20_assessment year as follows: 1 37 249 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Property Taxes— Rates per$100 of assessed value $0.61 Applied to real estate, including mobile homes Except as specified below, applied to personal $4.86 property including business equipment Applied to personal property on one vehicle to volunteer firefighters that are approved $2'25 and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds Applied to personal property constituting property used in a "data center" as that term is defined in Va. Code § 58.1-3506(A)(43), on declining values, at the following percentages $1.25 of original cost: 50%for year one, 35%for year two, 20%for year three, 10%for year four, and 5%for year five and all subsequent years. Applied to machinery and tools, on declining values, at the following percentages of $2.00 original cost: 60% for year one, 50%for year two, 40%for year three, and 30%for year four and all subsequent years. $2.00 Applied to Contract Classified Vehicles and equipment, on apportioned percentage of book values. Business and Professional Occupational License Rates Contractors $0.16 per$100 of gross receipts Retail $0.20 per$100 of gross receipts Financial, Real Estate, and Professional $0.58 per$100 of gross receipts Services 2 38 250 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Repair, personal and business services $0.36 per$100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per$100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 3.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $50 Per ton for commercial/industrial $45 Per ton for construction demolition debris $20 Per ton for municipal waste $38 Per ton for municipal sludge $15 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots 3 39 251 PRO FORMA SAMPLE - FOR DISCUSSION OF DATA CENTER PROPERTY TAXATION 8/19/2020 Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $40 annually Green Acres $25 annually [REMAINDER OF DOCUMENT OMITTED HERE — NOT RELEVANT FOR PURPOSES OF SAMPLE] 4 40 252 Frederick Countv Board of Supervisor's Finance/Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors ("Board") of Frederick County, Virginia ("County")known as the Finance Committee ("Committee"). The Committee shall be comprised of three (3)members of the Board of Supervisors who will be appointed by the Chairman of the Board,with one appointed as Chair,three (3) citizen members as appointed by the Chairman of the Board, and two (2)non-voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies,procurement policy, financial planning,risk management, debt issuance,budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscal/procurement policies and the review and recommendation for matters of a financial nature coming forward to the Board including,but not limited to, supplemental appropriations,transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies,programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and/or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Quorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board,the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Director(s)with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors,the Chair may excuse any non-Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. 41 253 IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives,policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests,transfers and change orders as dictated by policy. 4. Review the budgetary and financial implications of management's tactical and strategic plans. 5. Review periodic or interim budget and/or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B.Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan,reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review,Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self- assessment of this Committee's performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 42 254 3. Perform any other activities consistent with this Charter,the County's goals,objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four(4)to three(3) 9/29/2014: no changes 10/21/2015: no changes 9/13/2017: no changes 9/12/2018: no changes 9/11/2019: no changes 43 255 BUDGET TRANSFERS JULY 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 7/13/2020 ELECTORAL BOARD AND OFFICIALS UPGRADING COPIER 1301 5506 000 000 (1,000.00( ELECTORAL BOARD AND OFFICIALS 1301 9001 000 000 1,000.00 REGISTRAR 1302 5506 000 000 (1,000.00( REGISTRAR 1302 9001 000 000 1,000.00 7/15/2020 ELECTORAL BOARD AND OFFICIALS PURCHASE OF TWO ADDITIONAL VOTING MACHINES 1301 3010 000 000 (12,000.00) ELECTORAL BOARD AND OFFICIALS 1301 8001 000 000 12,000.00 7/22/2020 COMMISSIONER OF THE REVENUE DMV REGISTRATION FOR NEW VEHICLE 1209 5401 000 000 (5.00) COMMISSIONER OF THE REVENUE 1209154151 000 0001 5.00 7/31/2020 MAINTENANCE ADMINISTRATION JULY PROMOTIONS 43011003 000 000 (1,706.58) MAINTENANCE ADMINISTRATION 4301 1001 000 097 1,706.58 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (7.00) MAINTENANCE ADMINISTRATION 4301 2011 000 000 7.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (29.00) MAINTENANCE ADMINISTRATION 4301 2001 000 000 29.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (38.00) MAINTENANCE ADMINISTRATION 4301120021 000 0001 38.00 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (5.00) MAINTENANCE ADMINISTRATION 4301 2006 000 000 5.00 FIRE AND RESCUE 3505 1007 000 001 (4,335.00) FIRE AND RESCUE 3505 1001 000 007 4,335.00 FIRE AND RESCUE 3505 1007 000 001 (3,833.00) FIRE AND RESCUE 3505 1001 000 020 3,833.00 FIRE AND RESCUE 3505 1007 000 001 (6,708.00) FIRE AND RESCUE 3505 1001 000 032 6,708.00 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 005 (2,105.75) PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 0121 2,105.75 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 005 (2,044.97) PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 007 2,044.97 MAINTENANCE ADMINISTRATION 4301 1003 000 005 (3,053.65) MAINTENANCE ADMINISTRATION 4301 1001 000 093 3,053.65 8/6/2020 INFORMATION TECHNOLOGY EXPENSE BUDGETED INCORRECTLY 1220 5413 000 003 (17,066.50) INFORMATION TECHNOLOGY 1 122015!U"000 000 17,066.50 44 256 41G CO A ,t BOARD OF SUPERVISORS RESOLUTION SETTING THE 2021 TAX RATE FOR THE TANGIBLE PERSONAL PROPERTY OF DATA CENTERS WHEREAS,the Board of Supervisors determines that the location of"data centers", as Section 58.1-3506(A)(43) of the Code of Virginia defines that term, in Frederick County is desirable; and WHEREAS, one means of encouraging the location of data centers in Frederick County is to set a competitive tax rate for the tangible personal property used in data centers, especially relative to other localities in Virginia; and WHEREAS, Section 58.1-3506(A)(43) of the Code of Virginia provides that the tangible personal property used in data centers shall constitute a classification for local taxation separate from other classifications of tangible personal property; and WHEREAS, Section 58.1-3503(A)(17) of the Code of Virginia provides that the tangible personal property used in data centers shall also constitute a classification for local taxation separate from other classifications of tangible personal property for valuation purposes,provided that such valuation shall be by means of a percentage or percentages of original cost, or by such other method as may reasonably be expected to determine the actual fair market value; and WHEREAS, Section 58.1-3503(B) of the Code of Virginia provides that tangible personal property shall be subject to such methods of valuation as may reasonably be expected to determine actual fair market value as determined by the Commissioner of Revenue; however, assessment ratios shall only be used with the concurrence of the local governing body; NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors sets the tax rate, for tax year 2021, for the tangible personal property used in any "data center", as Section 58.1-3506(A)(43) of the Code of Virginia defines that term, at$1.25 per$100 of assessed value, on declining values,per the determination of the Commissioner of the Revenue. For the declining values, the Board concurs in the Commissioner of the Revenue's determination of the 257 values as the following percentages of original cost: 50% for year one, 35% for year two, 20% for year three, 10% for year four, and 5% for year five and all subsequent years. ADOPTED this 9th day of September, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick,Virginia 258 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: th Reenactment Anniversary of the Battle of Cedar Gre Withdrawn by the Applicant Because of the Event's Cancellation Attachments: 259 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Outdoor Festival Permit Request of Rotary Club of Winchester—Annual Shenandoah Valley Apple Harvest Festival. Attachments: BOS09-09-20RotaryClu bOutdoorFestivalPerm itApp.pdf 260 APPLICATION FOR OUTDOOR FESTIVAL PERMIT `� � �.� N i COUNTY OF FREDERICK, VIRGINIA CPOA Fre��pCO' cw (Please Print Clearly) 01 APPLICAIIIT INFORMATION �L4ypL Name of Applicant: 0 -d Q Telephone Number(s): ❑ home ❑office LN11"A 0 home ❑ office ❑cell Address: _ Contact Email: Of SI'/A fn ir'" ;FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Event Name of Festival: ch {.I'ldi2h /� Cost of Admission to Festival: i/0 Business License Obtained: d Yes ❑ No Start End Maximum No. Estimated No. Date(s) Time Time of Tickets Offered of Attendees,, For Sale Per Day Per Day 2e za 'O7---710100 location Address: ` Owner Name(s): pLLytlf' SlJ(►i• _ __ of Property Address: (*Note: Applicant maybe required to provide a statement or other documentation indicating consent by the owner(s)far use of the property and related parking for the festival.) Promoter Name(s): -- C-16LIV Address: 6&m-e aS.._ arffi (*NOTE: For festivals other than not-for-profit,promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements;in addition,promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Name(s): _ ,� 5 "Brei ' Backer Address: Performer Name of Person(s) or Group(s): 25 fjlCyt ! 5 t��5c�/�a .Dr 'r (*NOTE: Applicant may need to update information as performers are booked for festival event.) 261 FESTIVAL EVENT LOGISTICS INFORMATION AND DOCUMENTATION 1. Attach a copy of the printed ticket or badge of admission to the festival,containing the date(s)and time(s)of such festival(may be marked as"sample"). Cl copy attached OR ❑ copy to be provided as soon as available At d/X-tri ` 2. Provi e a plan for adequate sanitation facilities as well s garbage,trash,and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes,ordinances,and regulations,and must "b roved by the VA Department of Health(Lord Fairfax H Ith Distric r r�r b'd -Q1 .F- /10/dA-Ls d ne>nt� /2c'd y'e•�'�.,ccn.es-'�S.-P,►-�'�c, 3. Provide a plan for providing food,water,and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes,ordinances,and regulations,and must be approved by the VA Department of Health (Lord Fairfax Health District). co ats . 4. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes,ordinances,and regulations,and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. _iV e 5. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances,and regulations,and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. 6. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be sub 'tted. 7. State whether any outdoor lights or lighting will be utilized: ❑YES "0 if yes,provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties- In addition,show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. 8. State whether alcoholic beverages will be served: &4ES ❑ NO If yes,provide details on how it will be controlled. f L vL 94-4 CIA P�j �acU2SF'C d c {Noce: Evidence of any applicable VA ABC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission fee.} 262 FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight(8) hours in any twenty-four(24) hour period, such twenty-four(24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18)years of age shall be admitted to any festival unless accompanied by a parent or guardian,the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and/or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CERTIFICATION 1,the undersigned Applicant, hereby certify that all information,statements,and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition,Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. MMMM Signature of Applicant 448, Printed Name of Applicant Date: THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON-COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. 263 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020- 2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents the second half of the Coronavirus Aid, Relief and Economic (CARES) Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. Attachments: BOS09-09-20FY21 BudgetAmendmentCARES-SecondHalf.pdf 264 41G CO A J, BOARD OF SUPERVISORS RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS,the U.S. Congress passed and the President recently signed the Coronavirus Air, Relief, and Economic Security (CARES)Act of 2020; and WHEREAS, localities were allocated funding from the CARES Act through multiple sources, but primarily from the Coronavirus Relief Fund(CRF) allocations which the Commonwealth of Virginia allocated to localities based on population; and WHEREAS, CRF funds may be used for qualifying expenses to cover costs that 1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2)were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government; and 3)were incurred during the period that begins March 1, 2020, and ends on December 30, 2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction (Middletown and Stephens City); and WHEREAS, agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia; and WHEREAS,Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended, the appropriate advertisements and public hearings have been conducted; NOW, THEREFORE, BE IT RESOLVED,by the Board of Supervisors that the FY 2020- 2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents the second half of the Coronavirus Aid, Relief and Economic (CARES)Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end 265 of the fiscal year,but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. BE IT FURTHER RESOLVED, CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. ADOPTED this 9th day of September, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 266 NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednesday, September 9, 2020, 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: ---------------------- Amendment to the 2020-2021 Fiscal Year Budget. Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect a CARES Act Fund Supplemental Appropriation in the Amount of $7,792,215. This amount represents the second half of the Coronavirus Aid, Relief and Economic (CARES)Act Coronavirus Relief Funds (CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. ---------------------- Inquiries concerning the above item(s) may be addressed to the Office of the County Administrator between the hours of 8:00 AM. and 5:00 PM, Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601 (540) 665-5666. Any subject file(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of the County Administrator. The Board and staff are following current recommendations for social distancing and public gatherings. The meeting will be broadcast via Cable Channel 16 and will be live streamed on the website at www.fcva.us/BOSMeetings. Citizens preferring not to attend the meeting to speak are encouraged to submit comments to the Board via: Electronic commenting on the county website at www.fcva.us/BOSMeetings (Click on the `eComment' to submit your comments.) Email to county staff Karen Vacchio at kvacchiop_fcva.us or Ann Phillips at ann.phillipsP-fcva.us by noon on the day of the meeting. Mail to September 9 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling the Deputy Clerk at 540-722-8273 to arrange to drop off your comments. ---------------------- Interested citizens may appear before the Board to speak on the above item(s). The agenda is available online at www.fcva.us/BOSMeetings and at the Frederick County Administrative Offices, 107 North Kent Street, Winchester, Virginia. 267 Notice of Public Hearing Board of Supervisors Meeting of September 9, 2020 Page 2 Kris C. Tierney County Administrator County of Frederick, Virginia www.fcva.us ADVERTISE: Wednesday, September 2, 2020 268 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit #06-20 for Darin Hockman Attachments: BOS09-09-20CUP06-20DarinHockmanTelecommunicationTower.pdf 269 cod CONDITIONAL USE PERMIT #06-20 Aw �� Darin Hockman-Commercial Telecommunication Facility Staff Report for the Board of Supervisors w " Prepared: August 27, 2020 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Recommended Approval Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of an 80-foot telecommunication tower. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 270 Page 2 CUP 906-20 Darin Hockman August 27, 2020 LOCATION: This property is located at Darkwood Trail in Shawneeland. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 491302-123-136 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreation Community) Land Use: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: R5 (Residential Recreation Community) Use: Vacant South: R5 (Residential Recreation Community) Use: Vacant East: R5 (Residential Recreation Community) Use: Vacant West: R5 (Residential Recreation Community) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of an 80-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property is incomplete and in a private subdivision. Therefore, VDOT has no comment. Frederick County Fire Marshal: Approved. Frederick County Inspections: Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code (VBC),U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately-owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.)> 271 Page 3 CUP 906-20 Darin Hockman August 27, 2020 Winchester Regional Airport: No comment. Planning and Zoning: The property currently has a 50-foot small cell lattice tower approved by Frederick County on March 6, 2020. This proposed CUP is to allow for the extending the current tower to be increased thirty (30) feet resulting in an 80-foot commercial telecommunication facility for internet wireless communications. This facility will be located on a 1.22/- acre property that is zoned R5 (Residential Recreation Community) Zoning District. (Shawneeland subdivision) The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain R5 and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are vacant and currently zoned R5. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/19/20 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit (CUP) to construct an 80' commercial telecommunication facility. He continued, the property is located on Darkwood Trail in Shawneeland and is zoned R5 (Residential Recreational Community) and is in the Back Creek Magisterial District. He noted, the current land use is vacant, as well as the surrounding properties. Mr. Cheran explained, the 272 Page 4 CUP 906-20 Darin Hockman August 27, 2020 property currently has a 50' small cell lattice tower approved by Frederick County on March 6, 2020; this proposed CUP is to allow for the current tower to be increased by 30' resulting in an 80-foot commercial telecommunication facility for internet wireless communications. He continued; the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the R5 Zoning District with an approved CUP. He noted, should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. He provided a location map of the property. Mr. Cheran shared the conditions as recommended by Staff. 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. An expansion or modification of this use will require a new Conditional Use Permit. A motion was made by Commissioner Jewell and seconded by Commissioner Marston and unanimously passed to recommend approval of CUP#06-20 for Darin Hockman. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 273 CUP # 06 - 20: Darin Hockman PIN: 491302 - 123 - 136 Commercial Telecommunication Facility Zoning Map CUP#O6 20 49EI02 123 136 �/. rVOOO rR!; O O 00 r eOh�O°OO40k r r °° Application N Parcels RS(Residential Recreational Community District) �\ WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 274 0 60 120 240 Feet Map Created:July 21,2020 CUP # 06 - 20: Darin Hockman PIN: 491302 - 123 - 136 Commercial Telecommunication Facility Location Map U.v� .�.j f w' 3. f f. CUP#06-20 4MH)03 Ob r�! O F oa Z_' eO �pQ A P ? E N Application � �\ Parcels \ WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 275 0 60 120 240 Feet Map Created:July 21,2020 N is iXIJ%ital�to&1r 13 04i- 0 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Awlicant(check one) Property Owner Iar I Other NAME: Darin Hockman ADDRESS: 201 Darterjo Dr. TELEPHONE: (540)327-1953 2. Please list all owners,occupants,or parties in interest of the property: Hockman Enterprises 3. The property is located at:(please give exact directions and include the route number of your road or street) Darkwood Trail In Shawnee Land 4. The property has a road frontage of 150' feet and a depth of ISO' feet and consists of 1.22 acres.(Please be exact) 5. The property is owned by Hockman Enterprises as evidenced by deed from (previous owner) recorded in deed book no. on page ,as recorded in the records of the Clerk of the Circuit Court,County of Frederick. 6. Property Identification Number(P.I.N.)49802123136 Magisterial District Back Creek Current Zoning R5 RECEIVED JUN 12 2020 FREDERICK COUNTY PLANNING AND DEVELOPMENT r` r` N 7. Adjoining Property: USE North East South West 8. The type of use proposed is(consult with the Planning Dept,before completing): Telecommunications tower for rural broadband It is proposed that the following buildings will be constructed: Telecommunications Tower 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These 2=le will be notified b y mail of this application: Name and Property Idendrication Number Address Name Donna & James Will 2001 Gold Mine Rd. Property#49802 123 135 Brookeville, MD 20833 NameJeffrey Travis P.O. Box 709 ft"rty#49802123137 Inwood, WV 25428 NameJoseph Samella Property#49802 123 134 _ NameJoseph Snider 6134 Little p=oxes Run Property#49802123150 Columbia, MD 21045 NameG©Ida Presgrave _ 107 N. Kent St. Property#49802 123 133 Winchester, VA 22601 NameRonaid Parish li 306 Sleepy Woods Rd. Property#49802123 152 Cross Junction 22625 Name Property# 6 00 ti N 12. Additional,comments,if any. 1(we),the undersigned,do hereby res fully ms°ke application and petition the governing body of F ck County,Virginia to allow the use described in this application. 1 understand that the Sign issued to me when this application is submitted be placed at the front property line at least oven(7)days 1-Irior to the first public hearing and maintained so as to be visible until afkw the ward of Supervi.qon,public heering. Your application for a Conditional Use permit audwrizes y member of the Fred rick County Planning 'ssion,BoaW of Su 'sora of Planning and Development D ent to inspect your PrOPerkY where the Proposed use will be Signature of Applicant Signature of Owner mailing Address 201 Darterjor., Middletown, VA OWners'Telephone No. ( ) 327-1953 USE -: DIE: RJUSETWAL DA i r '4k j " a 1. , r a s M m is n • , c= isz M — Al . i 11� ex •s +1r ryl r n v t • a t Y �� ,� �• '� ti' ,a� 'f h�.�• Vis' � , i. � ++�v r ' w T � S� a y .t _M >� ,.t r�� a, -a 'M1'*��kl{� T M1t .,�• �'�'b' +-�.� d_�•� fir�,�a [(rye. .• 7 N CO C) co REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 10 a JF Virginia Department of Transportation Mail W Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester,Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name:.10ftftA YhCk&A,,, Telephone: 5-0-3.2 7--1,M3 Mailing Address: 26t 10grTiel-ID �qpue_ PIA , 64, - Name of development and/or description of the request: Location of Prop y, LOT# AI (p Virginia Department of Transportation Comments: The application for a conditional use permit for this property is incomplete and in a private suBdivision. ere are, VT) r tras VDOT Signa;tuu�re&Date: Notice to DOT-Please Ratairn Florm.to Applicant 10 T1- 00 C14 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal ftnd clellver Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester,Virginia Applicant:It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form,location map and all oduw pertinent information. Applicant's Name: Darin Hockma n Telephone. (540)327-1963 Mailing Address: 201 Darterjo Dr. JWtd—d'66v��—VAMRi Name of development and/or description of the request: 80'Tel000mmunications tower on property owners iot Location of Property: Darkwood Trail in Shawnee Land Fire Marshal's Comments: Fire Marshal's Signature&Date: Notice to Fire Marshal®Please Returanis Form to the Applicant 11 PLANS APPROVEj) FIRE MARSHAL, FREDERICK COUNTY N 00 N Frederick County lira and Rescue Department Office of the Fire Marshal ' ccs 1080 Coverstone Drive Winchester,VA 22602 Phone:540-665-6350 Fax: 540-6784739 fmo@fcva.us . ;• jhr Plain Review Conditional Use Status: Approved Main Contact Darin Hackman Darkwood Trail Darkwood Trail Winchester,Virginia 22602 Phone: 540-327-1953 Printed Date:05/05/2020 Information Received Date: 05/01/2020 Occupancy Type: Review Begin Date: 05/05/2020 Property Use: Review End Date: 05/05/2020 Activity Number: 106BJ002 Hours: 0.5000 �Activity Details Project Name 80'Telecommunications Tower 04000--t 14,! ieu Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 co e0 N RECEIVED MAY 2 12020 REQUEST FOR CONDITIONAL USE PE Mn+ 21NTS ""�� r-vvou xvv,na Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street,2"d Floor Attn: Building Official Winchester, Virginia 22601 107 North Kent Street. 2nd Floor (540)665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the { agency with their review. Also,please attach two (2)copies of your application form, location map and all other pertinent information. Applicant's Name: Darin Hockman Telephone: (540)327-1953 Mailing Address: 201 Darterjo Dr. Middletown,VA 22645 Name of development and/or description of the request: * ';Telecommunications tower on property owners lot Location of Property: Darkwood Trail in Shawnee Land Building Official's Comments: tf. / Building Official's Signature&Date: Notice to Inspections Department-Please Return This Form to the Applicant 12 It 00 (N Conditional Use Pennit for installation of a communication tower shall be designed per the 2015 Virginia Building Code(VBC), U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space,or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may he required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils,concrete etc-). S:\Site Plan comiiients\2015\CUP Tower Private.doc LO 00 N REQUF'ST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport a1 : Winchester Regional Airport _at 9W—Va to; _ Ann:Executive Dirametor Winchester Regional Airport 491 Airport Road Attn:Executive Director Winchester Virginia 22602 491 Airport Road (Rt.645,off of Rt.522 South) (540)662-2422 Winchester,Virginia APFt:It is your responsibility to Complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form,location �f map and I all odurp� ion, Applicant's Name: oann Hockman Telephone: (wo)=r-ysss Mailing Address: tot Daftrjo Dr. jEMA i 4 A o 4�;4 gYAA„!4.t Al i; fYt n,VA—2-2M---' Name of development and/or description of the request: 9 V Telemmmunice#ons tower on fit`IwV owrmm w Location of Property: Darkwood Trail In Shawnee tend Winthester Regional Airport Comments: Winchester Regional Airport-Signature&Date: Notice to Winchester Regional Airport-Please etarn Form to Applicant 16 4�GK CO�� W ORDINANCE y�acUi 17311 Action: PLANNING COMMISSION: August 19, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ORDINANCE CONDITIONAL USE PERMIT 406-20 DARIN HOCKMAN WHEREAS, CONDITIONAL USE PERMIT APPLICATION #06-20 was submitted by Darin Hockman to construct a commercial telecommunication facility consisting of an 80-foot tower was considered; this property currently has a 50-foot small cell lattice tower. This Conditional Use Permit would enable the existing 50-foot tower to be increased 30-feet to allow for an 80-foot tower. The property is located at Darkwood Trail in Shawneeland,Winchester,Virginia and is further identified with Property Identification Number 491302-123-136 in the Back Creek Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 9, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit 406-20 to allow for the existing 50-foot tower to be increased by 30-feet to allow for the construction of an 80-foot commercial telecommunication facility on the parcel identified with Property Identification Number 491302-123-136 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve(12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. 286 This ordinance shall be in effect on the date of adoption. Passed this 9'day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes 429-20 287 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit #07-20 for Darin Hockman Attachments: BOS09-09-20CUP07-20DarinHockmanTelecommunicationTower.pdf 288 cod CONDITIONAL USE PERMIT #07-20 qw �� Darin Hockman-Commercial Telecommunication Facility Staff Report for the Board of Supervisors w ' Prepared: August 27,2020 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Recommended Approval Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 100-foot telecommunication tower. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 289 Page 2 CUP#07-20 Darin Hockman August 27, 2020 LOCATION: This property is located at 201 Darterjo Drive, Middletown,Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-27J PROPERTY ZONING& PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 100-foot commercial telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1553, Darter o Drive, the VDOT facility providing access to the property. A location has been identified for a low-volume commercial entrance, on Route 1553. The entrance will need to meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrances will need to be reviewed, to determine if additional improvements may be required. Frederick County Fire Marshal: Approved. Frederick County Inspections: Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code (VBC),U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately-owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA,FCC and EPA regulations. 290 Page 3 CUP 907-20 Darin Hockman August 27, 2020 Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a complaint for the construction of a 100-foot lattice commercial telecommunication facility for internet wireless communication, on this property without an approved CUP. An approved CUP is one avenue to abate this violation. The 2035 Comprehensive Policy Plan of Frederick County_ ("Comprehensive Plan") provides guidance when considering any land use action. This proposed 100-foot telecommunication tower is located on a 9.56 /- acre property that is zoned RA(Rural Areas) Zoning District. The Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed CUP are currently zoned RA. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/19/20 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit (CUP) to construct a 100' commercial telecommunication facility for internet wireless communication. He continued, the property is located at 201 Darterjo Drive, Middletown and is zoned RA (Rural Areas) District and consists of 9.56+/- acres; it is located within the Back Creek Magisterial District. He noted, the current land use is vacant and 291 Page 4 CUP 907-20 Darin Hockman August 27, 2020 surrounding land uses are residential and vacant; the Comprehensive Plan identifies this area of the County to remain rural in natures and is not part of any current land use study. Mr. Cheran explained, this CUP has been applied for in response to a complaint regarding the construction of a 100-foot lattice commercial telecommunication facility on this property without an approved CUP. He continued; the Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approve CUP. Mr. Cheran noted, should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. He shared a location map of the property. Mr. Cheran presented the conditions recommended by Staff. 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Commissioner Thomas requested clarification as to the adjacent property owners; the list has one name, does that person own all the surrounding property. Mr. Cheran replied that is correct. Upon motion made by Commissioner Jewell and seconded by Commissioner Marston and unanimously passed to recommend approval of CUP#07-20 for Darin Hockman. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 292 CUP # 07 - 20: Darin Hockman PIN: 84 - A - 27J Commercial Telecommunication Facility Zoning Map All h4s d,�, a: SCUP#07`20 5 i r • ; .. a, �x v.. fi �T" 0 T r IV - N Application � �\ Parcels \ WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 293 0 130 260 520 Feet Map Created:July 21,2020 CUP # 07 - 20: Darin Hockman PIN: 84 - A - 27J Commercial Telecommunication Facility Location Map All h a: SCUP#07`20 5 i r • �;� .. a, � T 'SMF /�i �xv..fi �T" � T r - C• N gApplication Parcels Parcels 1 S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 294 0 130 260 520 Feet Map Created:July 21,2020 L0 0') (N Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant(check one): Property Owner Other NAME: Darin Hockman ADDRESS: 201 Darterjo Dr. TELEPHONE: (540)327-1953 2. Please list all owners,occupants,or parties in interest of the property: Darin Hockman 3. The property is located at:(please give exact directions and include the route number of your road or street) 201 Darterjo Rd. Route 11,go west on Klines Mill Rd.,roughly 1.5 miles to Darterjo Dr.on left. Once on Darterjo Dr.go to end of culdesac and 201 is located on the left 4. The property has a road frontage of N/A feet and a depth of 973 feet and consists of 10 -acres.(Please be exact) 5. The property is owned by Darin Hockman as evidenced by deed from (previous owner) recorded in deed book no._on page_,as recorded in the records of the Clerk of the Circuit Court,County of Frederick. 6. Property Identification Number(P.1.N.)84 A 27D Magisterial District Back Creek Current Zoning RA 5 rn N 7. Adjoining Property: USE ZONING North Field owned by property owner East Field owned by property owner South Feld owned by Martin Monk West structure owned by property owner 8. The type of use proposed is(consult with the Planning Dept.before completing): Telecommunications tower for rural broadband 9. It is proposed that the following buildings will be constructed: 'OC I'Telecommunications Tower 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address NameMartin Monk P.O. Box 223 Property#$4 A 23 Middletown, VA 22645 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 6 ti rn N I kwe}m the—mdersigried,Cao i s reby respectfully mak,rt &'� if catia Fxtid *ed ) the geve ing Odd OY l'redexick County, IVL-rgipia to allow the use described inthis ap t"a; ior,.. "-understa d that the sign issued to me when'Luis avplication is submitted gust be placed ai t ie *ont property line at least;seven�M days jx or to iCP st,;t public hearing r,.a'd-1' laintained Q?;as is be eisible iniii after the Board of Saper✓sore pLiblic hearing. Your atppraca't-Lor for a Caa.;ionel ILTse pmmit authorizes any rnember ofthe vredt ick County Pla min,:.o-m ssio, ,..,,OaFe of S'k1pervisors or Planning and Delleft yrT eni D atla l nt to:inspect yo ur iisrgp.v ty WbarP``gip ptrosed Lase«art?:.be conducted. y Si&m...atmire,t"-FAp;,plic$ttt Signatm;0I Ca ue OwnealINfaii ng: y3ress 201 Darte'o Dr..} Middletown, VA (540) 327-1953 _. �� `r}(i,,/�i�.�'�1�47 r� D�.T.r�"a-11':..��i�T� '_?�t�_,�fw!5`i.��;4�lt�,l✓1: RENEWAL DATE: 9 r v ••f• e ell 8 , 4,e K 5 F ^ '.--Zj {fy�f9 00 rn rn N REQUEST FOR CONDITIONAL USE PERD41T COMMENTS Vilr�inia Department of Transportation �, P P nn Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn:Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg,Virginia 22824 Winchester,Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form,location map and all other pertinent information. Applicant's Name: Darin Hockman Telephone: (540)327-1953 Mailing Address: 201 Darterjo Dr. Middletown,VA 22645 Name of development and/or description of the request: 100'Telecommunications tower on property owners lot Location of Property: 201 Darterjo Dr. Middletown,VA 22645 Virginia Department of Transportation Comments: " The application for a conditional use permit for this property appears to have little measurable impa on Route 1553.Darterrio Drive the VDOT facility prni.irlina SS to theF, F h r r s n he 1 identified for a low-volume commercial entrance,on Route 1553. The entrance will need to meet VD( standafds for the proposed tige. Should the use eve, cxpnn d ill s will d be reviewed,to determine if additional improvements may be required. VDOT Signature&Dater Notice to V60T-Please Return Form to Applicant 10 C) 0 c� REQUEST FOR CONEI-tTiC NT 1 IJS�"+,,,,PERMIT COMMENTS 3, �1 Frederick County ' re Marshal Mail tai_. gland deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire rZrshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Covey-stone Drive Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form,location map and all other pertinent information. Applicant's Name: Darin Hockman Telephone: (540)327-1953 Mailing Address: 201 Darterlo Dr. Middletown,VA 22645 Name of development and/or description of the request: 100'Telecommunications tower on property owners lot Location of Property: 201 Dartedo Dr. Middletown,VA 22645 .Fire Marshal's Comments: f is e' Fare Marshal's Signature&Date: Notice to Fire Marshal-Please Return This.Foran to the Applicant 11 FLANSRo°,�� FIRE MARSHAL, D RICK IEC OUNTy VI- C) co Frederick County Fire and rescue Department Office of the Fire Marshal ! 1080 Coverstone Drive Winchester,VA 22602 Phone:540-665-6350 Fax: 540-6784739 fmo@fcva.us Plan Revfgw Conditional Use Status: Approved {Main Contact Darin Hockman 201 Darterjo Dr Middletown,Virginia 22645 Phone:540-327-1953 Printed Date:05/05/2020 Received Date: 05/0112020 Occupancy Type: Review Begin Date: 05/05/2020 Property Use: Review End Date: 05/05/2020 Activity Number: 1058.1001 Hours: 0.5000 Activity Details Project Name 100'Telecommunications Tower iV It, / 'i Adam Hounshell Lieutenant/Assistant Fire Marshal Page I Of 1 •s�G t RECEIVED N O MAY 2 12020 troctt?rtek Count r REQUEST FOR CONDITIONAIYOIfi=6 �fWNIENTS Frederick County, Inspections Department / t}4i4 :'Mail to: Hand deliver to: — Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2d Floor Attn: Building Official Winchester,Virginia 22601 107 North Kent Street. 2""Floor (540)665-5650 Winchester.Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form, location map and all other pertinent information. Applicant's Name: Darin Hockman PP Telephone: (540)327.1953 Mailing Address: 201 Darterjo Dr. Middletown.VA 22645 Name of development and/or description of the request: 140'Telecommunications tower on property owners lot Location of Property: 201 Darterjo Dr. Middletown,VA 22645 Building Official's Comments: f' cv� % CCO �A � t , I Building Official's Signature& Date: Notice to Inspections Department- Please Return This Form to the Applicant 12 C10 C) C10 Conditional Use Permit for installation of a communication tower shall be designed per the 2015 Virginia Building Code(VBC), U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be m Professional licensed in the State of Virginia. Antennas, if sealed by a Registered Desi� rM gn applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA. FCC and EPA regulations. Special Inspections may be required,please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc..). S:\Site Plan comments\2015\CUP Tower Private.doc C) C7 REQUEST FOR CONDITIONAL USE FIERMIT COMMENT'S Winchester Regional Airport to.- Winchester Regional Airport —� ver to: 411 Attn:Executive Director Winchester Regional Airport 491 Airport Road Attn:Executive Director Winchester,Virginia 22602 491 Airport Road (540)662-2422 (Rt.645,off of Rt 522 South) Winchester,Virginia Appliieant:It is . . . ... your responsibility to complete this form as accurately as possible in order to assist the WMY with their f6view. Also,please attach two(2)copies of your alrplication location map and 11 Applicant's Name: Darin HoCkman Telephone: (sao)327-1e53 Mailing Address: 201 Dom. emit 41KZ.N moir .-io,,; r b of Name of development and/or description of the request: 100'Teteotr tnpa s tower on property owners lot --------------- ------------- Location of property: 201 Dart o Dr. Mlddetown,VA 22US Wfnchester Regllonai Airport Comments: Winchester Regional Airport-Signature&Date: /2 Notice to'Winchester Regional Airport-pleasrim Form to Applicant 16 4�GK CO�� W ORDINANCE y�acUi 17311 Action: PLANNING COMMISSION: August 19, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ORDINANCE CONDITIONAL USE PERMIT 407-20 DARIN HOCKMAN WHEREAS, CONDITIONAL USE PERMIT APPLICATION #07-20 was submitted by Darin Hockman to construct a commercial telecommunication facility consisting of a 100-foot telecommunication tower was considered. The property is located at 201 Darterjo Drive, Middletown, Virginia and is further identified with Property Identification Number 84-A-27J in the Back Creek Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 9, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit 407-20 for a commercial telecommunication facility consisting of a 100-foot telecommunication tower on the parcel identified with Property Identification Number 84-A-27J is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve(12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. 305 This ordinance shall be in effect on the date of adoption.Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #26-20 306 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit #09-20 for Richard and Susan Daugherty Attachments: BOS09-09-20CUP09-20RichardSusanDaugherty.pdf 307 cod CONDITIONAL USE PERMIT #09-20 qw �� Richard Daugherty & Susan Daugherty Commercial Telecommunication Facility w ' Staff Report for the Board of Supervisors n ^> Prepared: August 27,2020 1],16 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Recommended Approval Board of Supervisors: 09/09/20 Pending LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90' tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate the zoning violation. Should the Board of Supervisors find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a "tower easement" on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower 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 per 165- 204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 308 Page 2 CUP#09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 LOCATION: This property is located at 348 Peeper Lane, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 22-A-19G PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential/Vacant West RA (Rural Areas) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90' tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The Applicant is seeking approval of this CUP to abate the zoning violation REVIEW EVALUATIONS: Frederick County Fire Marshall: Plans Approved. Frederick County Inspections: Conditional Use Permit for installation of an internet tower shall be designed per the 2015 Virginia Building Code, U-Utility Use Group. Tower installation requires permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBS. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations. Special Inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester-Frederick County Health Department: I have reviewed your request and this office has no objections to the wireless internet tower. 309 Page 3 CUP 909-20 - Richard Daugherty & Susan Daugherty August 27, 2020 If this office has been contacted to provide comment prior to the placement of the tower, it would have been suggested that the tower be kept 10 feet minimum from all components of the alternative onsite sewage system and reserve area. The tower and guy wires should be placed in a manner as to not prevent access to sewage system components with equipment required for maintenance and/or repair. Any vehicular traffic of equipment required for construction of the tower must not encroach on the sewage system or reserve area. Winchester Regional Airport: No comment. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied to address and abate a zoning violation due to the construction of a 90' telecommunication tower for wireless internet communication on the subject property without first obtaining a CUP. Approval of a CUP by the Board of Supervisors is one avenue to abate this violation. It should be noted that the Applicant is seeking to construct a new 100' tower which is intended to replace the 90' tower currently on the property. This proposed 100 ft-commercial telecommunication facility is located on property that is zoned RA (Rural Areas) Zoning District and primarily used for residential purposes. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. The Frederick County Zoning Ordinance allows for the construction of commercial telecommunication facilities in the RA Zoning District with an approved CUP. The properties immediately adjacent to this proposed CUP are also zoned RA and are utilized for residential uses. The Applicant has secured and recorded a "tower easement" on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. STAFF CONCLUSION FOR THE 08/19/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit to construct a new 100-foot commercial telecommunication facility. This proposed new tower would replace an existing 90' tower that was constructed without an approved CUP and therefore is a violation of the Zoning Ordinance. The applicant is seeking approval of this CUP to abate the zoning violation. Should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 310 Page 4 CUP 909-20 - Richard Daugherty & Susan Daugherty August 27, 2020 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a "tower easement" on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower 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 per 165- 204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/19/20 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit (CUP) to construct a 100-foot commercial telecommunication facility; this proposed new tower is intended to replace an existing 90' tower which was construction without an approved CUP. He continued; the property is located at 348 Peeper Lane, Winchester and is zoned RA (Rural Areas) District and is located within the Gainesboro Magisterial District. Mr. Cheran explained, the current land use is residential and surrounding land uses are residential and vacant; the Comprehensive Plan identifies this area of the County to remain rural in nature and is not part of any current land use study. He presented a location map of the property. Mr. Cheran explained, this CUP has been applied for in response to a zoning violation due to the construction of a 90' telecommunication tower on the subject property without first obtaining a CUP; approval of a CUP by the Board of Supervisors is one avenue to abate this violation. He continued; the Applicant is seeking to construct a new 100' tower which is intended to replace the 90' tower currently on the property. He noted, the Applicant has secured and recorded a "tower easement" on the adjoining property identified by PIN # 22-A-19H for the purposes of the required setback fall area for the tower. He shared a map of the proposed location. Mr. Cheran explained, the Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (CUP). He noted, should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with internet wireless communication needs. Mr. Cheran shared the conditions recommended by Staff. 311 Page 5 CUP#09-20 - Richard Daugherty & Susan Daugherty August 27, 2020 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a "tower easement" on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower 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 per 165-204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. Upon motion made by Commissioner Triplett and seconded by Commissioner Mohn and unanimously passed to recommend approval of CUP #09-20 for Richard and Susan Daugherty. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 312 CUP # 09 - 20: Richard and Susan Daugherty PIN: 22 - A - 19G Commercial Telecommunication Facility Zoning Map •, f /��, ,f�ye � � / I .�9 '� rt"`/'r33 ,�'/,��// / '' >��( 'ri` ✓lam' ° � ,>� '" 1 P� la,+, �7` r l fru .i` � r' i /�/ '.: / l � � � -'✓� `;-�. / J CUP#09-20 z.. GaUMM o EVENING LN tf Q N Application Parcels WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 313 0 110 220 440 Feet Map Created:July 27,2020 CUP # 09 - 20: Richard and Susan Daugherty PIN: 22 - A - 19G Commercial Telecommunication Facility Location Map K rk i �F ✓//J �,�f vti• e %fT< ,'r�L" %'� f�"i;r r _ 1� /fy.:• '..,� �/ryJ � '�1�//�, �r� ��y1�� J „!f . n, ,. J CUP#09-20 z.. F' el' - o EVENING LN tf Q N Application Parcels WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 314 0 110 220 440 Feet Map Created:July 27,2020 Submittal Deadline -1 PJC Meeting W i 9 e�ZJ BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant check one): Property Owner�� Other NAME: Richard W. Daugherty and Susan E.Daugherty ADDRESS: 348 Peeper Lane,Winchester,VA 22603 TELEPHONE: 540-722,72491103-409-9085 2. Please list all owners,occupants, or parties in interest of the property: Richard W,Daugherty and Susan E.Daugherty 3. The property is located at: (please give exact directions and include the route number of your road or street) 348 Peeper Ln,Winchester,VA 22603 4. The property has a road frontage of 320,82 feet and a depth of 806.94 feet and consists of 6,0 acres. (Please be exact) 5. The property is owned by Richard W.Daugherty and Susan E.Daugherty as evidenced by deed from Robert and Mary mess,Trustees (previous owner) recorded in deed book no. 160012791 on page ,as recorded in the records of the Clerk of the Circuit Court,County of Frederick. 6. Property Identification Number(P.I.N.)22-A-1 9-G Magisterial District Gainesboro Current Zoning RA 5 315 7. Adjoining Property: USE ZONING North Residential RA East Residential RA South Residential RA West Residential RA 8. The type of use proposed is(consult with the Planning Dept. before completing): WirOess Internet tower 90 feet in height(Rohn 25g guyed tower) 9. It is proposed that the following buildings will be constructed: Wireless Intemet towner of 9Q'already constructed upon the prapertgR since 20o9 by prior owners 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address NameJaime and Susan Lee 336 Peeper Ln, Winchester, VA 22603 Property#22-A-19-F Name Roger and Colleen Williams 339 Whispering Knolls Dr, Winchester, VA 22603 Property it 22-A-25-A NameChristopher and Michelle Cody 396 Peeper Ln, Winchester, VA 22603 Property 422-A-19-H NarneLight of Life International, Inc. 4111 Hunters creek Rd, carnesville, GA 30521 Property#2'2-A 14-B NameJeana McLeod and John O'Connor 463 Frog Hallow Rd, Winchester, VA 22603 Property#22-A-19 Name Property# Name Property# 6 316 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Ca or .oma k i 1iPWa�WI Al WI7M w girl`'�"+��+�•rr+res fi s � errAV WF .� .\ I J f • _ �C � r+/... ..�C _ 1 tr• ""N!-.Ott':rC.? *W 4Y_r Eti {+lsv� r[Gi`tu�1 4.0 afb , bw % if ��• . t Lamm at wr r 94ft Rohn 25G Tower > FM RrVM PW 17 Approx. 95 ft setback La's r from property line MZHOUMEXAM is;-rCos PAS M401 4.20MMom pwn� y+�-r�r�n ti► Irw.rrw ` I1�1� `F�+IF.I►F 8 317 12. Additional comments, if any: All of the homes adjacent to ours use our tower for Internet service including the homes immediately to the north and south of our home,which are the closest houses. Almost all of the homes on Peeper Lane and Frog Hallow Road(the next road over)use our tower for internet access. The tower was built by Asir.and Mrs.Bob Hess in 2DO9.nearly a decade before we purdiase our home,we were not aware that the tower did not oonform with the allowed use.Removing this tower would create a hardship to those who reit'on it. As far as we are aware,the tower has existed at the site for the last 12-13 years with no corrlptaints from the neighbors. I (we),the undersigned., do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner . Owners' Mailing Address 34 P eper Ln, Winchester, VA60 Owners'Telephone No. 540-722-7249 / 703-409-9085 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 318 REQUEST FOR CONDITIONAL USE PERM[T COMMENTS Frederick County Inspections Department Itilail t°: Hand [leiiver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2"d Floor Attn: Building Official Winchester, Virginia 2260I 107 North Kent Street, 2"d Floor (540)665-5550 Winchester, 'Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency rvrtb� their review. Also,please attach tvva (2)copses ofyour phcatzvn 1"0 �[�t$ei'� tii > op„ _ aP rm Ivcatzon xn and �t�� ='�'r. 3.r v'"�: r � -mow •+cr -i '�'t"%r,M4 q.s �5-. � l� =i�' i Applicant's Name: Richard&Susan Daughe+ty Telephone: 540-722-7249!703-409-9085 Mailing Address. 348 Peeper Lane VE D Winchester,VA 7-2603 APR 10 2020 Name of development and/or description of the request: r�'t10++ck County Ereefion of 90'guyed tower for internet '�"• WUrky c Inspections Location of Property: 348 Peeper Lane Winchester,VA 22603 Building Official's Corn men ts: Building Official's Signature& Date: �� 0�0 Notice to Inspections Department- Please Return This Form to the Applicant - 12 319 Conditional Use Permit for installation of an internet tower shall be designed per the 2015 Virginia Building Code, U-Utility Use Group. Tower installation requires permits. flans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Antennas, if applicable, shall be designed for the applicable loads as required in Chap 16 VBC. Tower shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public space, or over above ground electric utility lines, or encroach upon any privately owned property without written consent. Tower shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be Iimited as required by applicable OSHA, FCC and EPA regulations. Special inspections may be required, please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc..). 5:1Site Plan cornments1201.51CUP Tower Private.doc 320 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS ' Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22502 (Rt. 545, off of Rt. 522 South) (540) 552-2422 Winchester,Virginia Applicant: It is your responsibility to complete this forth as accurately as possible in order to assist the } agency with their review. Also, please attach two (2) copies of your application form, lotion map and I all other pertinent information. Applicant's Name: Richard&Susan Daugherty Telephone: 540-722-7248 I03-409-9085 Mailing Address: 348 Peeper Lane Winchester,VA 22603 Name of development and/or description of the request: Erection of 90'guyed tower for intemet Location of Property: 348 Peeper Lane Winchester,VA 22503 Winchester Regional Airport Comments: Winchester Regional Airport- Signature& Date: /j/ Notice to Winchester Regional Airport-Please etnrn Form to Applicant 16 321 i • Ctl w,vvd CR`� ��`[,�� '1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS ` Winchester-Frederick County Health Department Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street, Suite 201 Winchester, Virginia 22601 Winchester, Virginia (540) 722-3480 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2)copies of your application form, location map and all ether pertinent information. Applicant's Name: Richard&Susan Daug4ert7l Telephone: 540-722-72491703409-9085 Mailing Address: 348 Peeper lane Winchester,VA 22603 Name of development and/or description of the request: Erection of 90'guyed tower for internet Location of Property: 348 Peeper Lane Winchester,VA 22603 Frederick-Winchester Health Department's Comments: �jpy l ape 7}17 T ► .�" �S c�� IlJ � p2_ - �7- Health Dept. Signature& Date: Notice to Health Department-Please Return This Form to the Applicant 13 r• - I -Ill-ri 322 Lord Fairfax Health District LORI) Frederick/Winchester Environmental Health // VIRGINIA 1.07 North Kent Street- Suite 9 201 / DEPARTMENT A R'F Winchester, Virginia 22601 CSF HEALTH Tel, (540) 722-3480 w Fax(540) 722-3479 Pratectiq You and)bur Frwirr� wnt ] 1:. 1, ' 17I I t( i www.vdh.virginiggoov April 21, 2020 Richard & Susan Daugherty 348 Peeper I.n. Winchester, VA 22£03 RE: Request for Comments regarding the wireless internet tower located at 348 Peeper Ln. Winchester,VA 22603 (Frederick County Tax Map# 22-A-19G) Dear Richard & Susan Daugherty, I have reviewed your request and this office has no objections to the wireless internet tower. If this Office been contacted to provide comment prior to the placement of the tower, it would have been suggested that the tower be kept 10 feet minimum from all components of the alternative onsite sewage system and reserve area. The tower and guy wires should be placed in a manner as to not prevent access to sewage system components with equipment required for maintenance and/or repair. Any vehicular traffic or equipment required for construction of the tower must not encroach on the sewage system or reserve area. If you have any questions, please contact me at(540) 722-3480. Sin er , 3i avis, REHS E ironmental Health Supervisor 323 REQUEST FOR CONDITIONAL USE PERM>T COMMENTS 1 ti Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540) 655-6350 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this farm as accurately as possible in order to assist the agency with their review. Also,please attach two (2)copies of your application form, location reap and all other pertinent information. Applicant's Name: Ndi rd&Suwon Daugherty � Telephone: 540-722.72491703-409-9085_ Mailing Address: 348 Peeper Lane Mn.chester,VA 22603 - Lit Name of development and/or description of the request: Erection of 90'guyed tower for internet Location of Properly: 348 Weeper Lane 'Ulf nchester,VA 22603 --- --— — - - - fj Fire Marshal's Comments: 1 Fire Marshal's Signature.&Date: Z -31- 1.7, Zo Zo --- Notice to Fire Marshal-Please Return This Farm to the Applicant �t 324 Frederick County Fire and Rescue Department Office of the Fire Marshal 9080 Cvverstone Drive Winchester,VA 22602 • � _• Phone: 540-865-5350 Fax:540-678-4733 t �y fmo@fcva_us Phan Review Conditional Use Status: Approved gwner Pilchard Daugherty 348 Peeper Lane Winchester,Virginia 22603 Phone:540-722-7249 Owner: Printed Date: 0411712020 Susan Daugherty Iiieneral Information FWoaived Date: 04/1012020 Occupancy Type: Residential Review Begin Date: 0411712020 Property Use: Review End Date: 04/17/2020 Activity number: 104BJ031 Hours: 0.5000 Project(dame 90"Tower for Internet Comments: Approved Adam Hounshell Lieutenant(Assistant Fire Marshal Page 1 of 1 325 Wills, Trusts, Estates Elder Law Andrew P. Hill Real F.atate Attorney and Counsellor at Law re Business Admitted in Virginia u to 12ED Litigation Email-aphill@masa-hill.com Mata &Hl*U P�� Telephone: {540}68Cr1203,Ext. 2 Facsimile- (540)466.1203 July 23,2020 Mark Cheran Zoning&Subdivision Administrator Frederick County, Virginia VIA HAND DELIVERY Re: Richard and Susan Daugherty 348 Peeper Lane,Winchester,Virginia 22603 (Tax Map No,22 A 19G) Dear Mark; As you will recall, I represent Richard and Susan Daugherty with respect to the above- referenced Property and the Conditional Use Permit("CUP")application they submitted to your office earlier this year. Per our prior e-mail correspondence on this matter, Mr. and Mrs. Daugherty intend this package of materials to serve as a supplement to their previously-filed CUP application. Enclosed with this letter are the following documents: 1. Comment forms from required agencies; 2. Deed of Easement executed by Mr.and Mrs.Daugherty and their immediate neighbors, Jaime and Susan Lee, for a "fall easement", which includes a plat prepared by Christopher D. Furstenau, L.S., dated July 15, 2020 (the "Plat"), showing the proposed new location for the 100' self-standing tower; and 3. Engineering specifications from Rohn Products, LLC ("Rohn"), the manufacturer of the tower in question. As noted above, with this letter and the enclosed documentation,my clients seek to amend their CUP application. As originally submitted, their application sought approval for the preexisting 90' tower, which was installed in approximately 2009. My clients now propose to remove the preexisting tower and install a new 100' self-standing tower in the location shown on the Plat. Front Royal Office/Mailing Address Winchester Office Strasburg Office 25 S.Royal Avenue 123 Amherst Street 150 E.King Street Front Royal,Virginia 22630 Winchester,Virginia 22601 Strasburg,Virginia 22657 326 2 With respect to the engineering specifications,my clients intend to use the tower listed as "SS140R9o" as the baseline for the installation. They propose to use the bottom 100 feet of this tower—namely, sections SN, 7N, 6N, SN, and 4N, each being 20 feet in height. The Rohn specifications show the details for each of these sections. I believe that we have provided all items necessary to amend the CUP application. If you need any additional information or have questions regarding any of the enclosed documentation, please let me know. Thank you. Very truly , 7 Andrew P.Hill Enclosures as stated CC: Richard and Susan Daugherty 0 327 Flu W. SASE SECTIONS EFFECTIVE RROAEtTED AREA(SQ.FT.) AFV5: G TMER 10WER ASSEMBLY JFEIGIR(FT) POP �911LRE A BOLTS ANCROHN FAdCE mau�.oia NUMBER T� 30 BELOW TOP 13 REQ'D NIT PIN SPREAD EXP B EXP c EXP B EXP O SSD49R9D 40 2W 3WN 563 - 1'-!{Y 16 13 31 14 e.50510R90 59 1416 _ 3*N S'63 - r-1{Y 7 5 12 7 S5060M 6D 2W 4N SB4 - 2'-2' 15 10 25 16 MMM Al 1418 4N SO4 - 2'-2' 6 4 10 5 SSOBOimU 80 2W 5N S85 - 2'fi' 13 9 22 E4 SSDNPM 90 _LW8 5N S95 - 3'-6' 5 3 6 5 S19DFM 190 241 61152 518X92 6.WL9DsT 4'-6 414' 11 7 18 L1. 55L1mm 3111 1WB 6N67 S18X42 6MdED57 4--6 1I4' 4 2 7 3 55120890 129 2W 7N165 5!8X42 6YADDSTT 6'fi 314- 10 6 17 10 SS!E$DR90 130 IWI 7NI65 SAX42 6MOZDST 6'-6314' 4 2 7 3 S5140R90 340 2W B&N105 SAX42 6bWDSiT 8'-6314° 9 4 15 7 SS15ORW 150 IWB BNL96 51%x42 611ABDST S--63I4' 5 2 _ 8 3 SSIK5190 16D 2W 9N325 SIBX42 6NABDS'I IV-63!4 S - 14 - S517DR90 17D 1WS 9N325 516X42 6HASDST 108.6314 5 - 8 - ssisa 9 186 2W 10N387 3141848 304ABDST SY-71/4' 4 - B - SS'190R90 19D IWB 1ON387 314X48 IONAEDST 1Y-21J4' 3 - 5 - SEE QNRT FOR TOWER-FETG,TRr WN 9N 8N 7N 6N 50 4N MN 2W J WB 2S' 2lC i 7a 2D' 20�-211' 2IP 217 7a f0' G P' Z GENERAL NOTES >zaces.uc 1. STANDARD TOWER DfSHGNS ARE IN ACCORDAMCE WISH APPROVED S. ALL ANTENNA IN,STIILLAT1tONS MUST BE GF401 MXD IN ACODRDANCE Pa 93k 5849 NAT3.ORAL STANOWD ANSWTIA-72 Z-G,S'TRLILTUPAL CLASS R, WITH LOCAL AND NATIONAL Imo.. ��>4 A 61ARrv-'dA Tai:-MEE 879�TP-Qa+w TOPOGRAPHICT CAE"Y 1.3J4'9E.SU5rL XE 114CKNESS.SEISMIC I& FOR A35DTTIONAL BRACINGa GROUTING AND DRAINAGE DETAILS SEE COEFFICIENT S5 c LM DRAWING SK72ONS 2. TOWER D34GNS A5SUME ALLOWABLE EFFECTIVE PRROIEC FED AREAS 11. FOR TAPERED TOP DETAILS SEE DRAWING SKfiA)407 ARE SYMMETRICALLY RACED ON THE TOWER. IL All T ERS WITH IWWM TOP SECTMNS PROVIDED WITH(PIN 17 ) 3. DE'S3GKS ASSUPR ONE 792'!INE TO TOP AND TWO 718'LINES TO 30 TAPED D TOP. FEET SOW TOY,ONE UN ON EACH FARCE. 11 FOR STEP SILT DETAILS SEE DRAWING 86512&x. MECTION PRCFILE C ALL TOWERS ARE PROVIDED WITH STEP WETS AND A TAPERED TOP. 14. FOR f WTiDATK*DETAILS SEE DRAWING DWG-0693&BD90548. SSV RW*G 90 MPH 3-$Er,3K'([E � 5. GR(X 101NG at KA7, BE C RDERED SEPARATELY. 15. FOR A%CHORS AND SHORT BASE TH67ALLATR3N'SEE DRAWING 6- A55EFYLY bRAV4NGS AND STANDARD ECVKL AT30N DETAILS AAE NUMB ODS0439 AND CU730104. SUPPLIED WM THE TOWEPL Dm: 69LL: pltE: 7. QSTOM DESIGNS F43R STTE-SPBF3FIC APPLWATDDMS ARE AVAE AB E CET UDM 1Q11WM3. LIDLRR REQL"T- Eh*-k F-EETs: S. INSTALL WARKM RATE(PIM AL'WS)IN A"X;[ILY VISIBLE LACATION. FLA 10F 1 6YJrxa-Dm 3 W N co r P/N:T TYPE TDP TEMPLATE kpolm'Se6 (ANCHOR BOLT TBM.MAT1 DRAINAGE SLOT MUST BE KEPT FREE OF IRY oE=ta:.�r�on VAN LTNR APp WI1HH ITB'(Nnm)POSITION H04f) OBSTBLICEIOWS(DRAINAGE SLOT IS NOT vs m suw REQUIRED FOR SOLID ROU TOWERSI. reaoena�r Tcp OFy 2—SEE OETAIL'A' GARY.NUT ' 5E€DETAIL'B' FLHv"TICINI — ewe CNG yy POOIECTION I"IT DETAIL'A' --- ' D L%CIING CONCRETE ,N GRCUF MAY 9E.ELIMINATED 7 THE - AFTER CONCRETE •Y.. [NSTALLATION DISTANCE BETWEEN TOP OE D61AIIATTDN •' • ' CONCRETE ANIS BOTTOM OF ' ' I LEVELING NUT IS LESS THAN OR . EQUAL TO ANOim BDLT Ow - — ANCHOR BOLT Fx DNYMETER NAk7I V TYPE BOTTOM SEE DETAIL'C TEMPLATE I"r(13=1) \' '.•f OETNl11'C' ANCHLIRNIOLT INSTALLATICWTOLERAMCE5 ANCHOR BMT TIGHTENING NOTES NOTES FACE SPf1EAD DINENSM CENTER-TOCENTER OF ANDFOR I. NUTS,THREJUY AND Ali NUT COIACr SURFACES T- ALL A14DIOR9OLT5 MUSTMEETOR EXCEED BOLT CIRCLE'S-PLUS OR MINUS V167(2m )OR ITIC(2mm) MUST BE CL AFI®AND L1 BR]rAI O AFTER REQUBL 4WFS OF AS.T.K F1554-53,SS GRADE PER 29 FT.(6M)OF FACE SPREAD. CONCRETE INSTAL-ATI00f AND 90 EDIATELY 105 2. M#)(IM]M.DIFFERBOCE BETWEEN ANY IWC}F&ANDATION BeFoRE INSTALLATION OF LEYfUmG AND TOP 2. UROUT 10 BE SOW ASI MEN-LRTHT KTE STRENGTH`? ELEVATIONS-IR'(13R )e NUTS.NUTS MUST 1E FREE TO MDA DAY NON-SHRINKING AND NON-METALLIC. 3- OO NCRE11 D04EM XWS-PLUS OR MINUS 1'(25rw)( THROLK ROUT THE ENTIRE LFHGTH CE THE 3. S 4M&CARE MUST SE TAKENI WHEN LIFTING 11 WARNING T� 4- DEPTH C➢P FOUNDATm-PLUS 3'(76A'Rn1 CR MINUS 9'. ANCHOR BOLT TLMREAD PPL7]ECnON, ANQ,0M BOLT CLUSTER III ORTM TO PREVENT 5. DRILLED FOUNDATIONS OUT OF PLUM-ED DEGREE- L AFFM LEVELING THE LEVELING NUTS AND AN04DR BOLT TE3•IPLATE DMTORT$IN. PRIOR TO PLACING fi6NCRETE: C. REINFDRCI NG STEEL PLACEMENT-PER ACJ-391, SETTING THE BASE PLATE,TOP NUTS MUST BE C ANLJrM BOLT AS5EMNLV MUST pE ADEQUATELY CHECK THAT THE TEMPLATE MORIA IL SIR.-59" 7. PRQIECT'LGfN OF EMBEDMENTS-PLUS OR MINUS 115'(3mmQ. INSTALLED IN AN INORE MHNTAL STAR TIGHTENING SUPPORTED AND RESFUR&D TO PREVENT ANCHOR.BOLT CIRCLE MATCHES TOLL ERR W3—?V-1OHY B. VERTICAL E746EDMISM OUM TSF PLUMB-112 DEGREE. SEQUVICE TO A SNUG T ll(iIT COFEMON MOVEMENT OF THE CLUSTER D5AlM OLIHCREfE THE ANCHOR BOLT CIRCLE SHOWN [APFa P 1R14P F+�OkE✓.A'i alkd et•1,WI 4. MAAIMUM DISTANT FROM 03CMUINE OF AM04K R BOLTS FOUDWM BY TK;FITE KING THE LEVELD C.NUTS IN INSTALLATION. ON THE.SERV CTU RE DRAW IMG. w+w'nss TOCENIERLINE.OF FOLINMA7109-124 OF PIER.DIAMETER A SIMILAR PATTERN TO A SING TIGHT C3WF"ON. 5_ IT 15 THE RESPONSIBR-Y OF THE FOUNDATION CALL ROHN{309}S66-3099 FOR IIP TO A MAIUMUM OF r(50 m). SNL]G TIGHT IS DMNFD BY THE TtSHTNESS CONTRACTOR TO VERIFY THAT THE CORRECT AMY DISCREPANCY. 3D- NO HDR BOLT SPACING-I11G'{2nm). OETAINHD WITH THE EFFORT OF ONE PERSON AA7LHOR BOLT TEMP ATE AND FOUNDATION SHOMTN T LAYOLlT3 I1. AW)4OR BOLT CIRCLE ORIENTATION-IM DEGREL WITH A 12 I1IC3H NDKI NAL LB0371N VNRBI7L. ON RESPECTIVE SITE DRAWINGS ARE BUNG EISED, FCR 5i 9%314,?jr,&1'AWHOR SOUS 12. AN04OR OXI 01:Cl1 DIAMETER-PLUS OR MINUS 1116' J. AFTER ALL TCP AND LE CLING NUTS ARE 6. IT 15 THE RESPONSIIEI TEY OF THE FOU NIAYEON C2nera}. TIGIi1EN¢U TO A SNUG TEGHT CONDTnON,TOP DESIGN ENGINEER TO INSURE THAT THE NUTS SHALL BE FURTHER.TDUTTHNED IN AN ANOHDRAGES PROVIDED ARE COMPATIBLE WI1HL aw: rMSO: paTE: E!+.WARNING!']M INIApAT3�fTA1 STAR AATIHW WITH THE LEVEi[NG THE PROPOSED FOUNDATION DESIGNS AND 11457 MF RTL d9fDTJ4S AMR A.V[HOR BOLTS ARE INSTALLED AND CONCRETE KAS NUTS SECURED TO RESULT IN A I f3..TOP NUT THE WAarlES OF THE AN(}gR a5 ARE NOT =kG L 9!+LET s: TAKEN RS]NLTIAL SET,AMOVOR BOLTS MUSTNOT BE ROTATION FOR ANCHOR EULTS 1-1(2 WOMB OR L]MITELI P THE STRENGTH OF THE FOUNDATE RS. HA 1 OF 1 v{."LEO.RENT NIR REALIGNED IN ANY MAIONER, LESS IN DLWFTFA,OR A 1(6 TOP NUT ROTATION FOR ANCHOR BOLTS EiREATER THAN 1-112 INCHES IN 13uj _TER. D-AWNS KO: 6050''+39 4 W N CO fLE AIM staax3aral-ssu ANCHOR BUTTEMPLATE INFORMATION RrVWD%S ASSEMBLY TEMPLATE PT.NO ANCHOR BOLTS EASE FLANGE TOWER BASE SECTION to Y.Pnsao aen.+.s PART NO. TOP BOTTOM (12 REVD) $2E {SEE TOWER ASSY.FOR EXACT P/M 6NABDST (3)VL257 (3)VL2513 518 7042' 5 X 5 70314" 6N.7N.SN.9N.9NH I DOE bN-. s 10NABOST (3)VL26T (3)VLM 3147048' 671[6)(3!4" 10N,10NH ANCHOR BOLT SETTING vi ii �•"�� Y«m 111f1 SDSTI V8 x#2' TEMPLATES{SEE CHART is H (3)VL27T (3)VL273 7 X 7 X 1' I IN.12N.12NH,13N.13NH 11NABp6T 7J87S60' FOR PARTNIO.REgD.) ii N REMOVE UPPER TEMPLATE 1 i 11 15NHA6IDST i 7C T0" 11 11 (3)VL2$T (3)VL2$B 9 1J2]{9 91170 1 1J4' 14N,14NH, 15N. 15NW,16N.16NH BEF[]RE INSTALLING 11 11 15NH,ABDST 1 X78' TOWER. IF IF u I al al €OF FOUNDATION EOF FOUNDATIQ &TOWER &TOWER NOTES: 1.IT IS THE RESPONSIBILITY OF THE FOUNDATION DWG REFERE DE CONTRACTOR TO VERIFY THAT THE CORRECT a SETTING T EKO ATE&FOUINDATION DWG.ARE -— TOWER&FOUNDATION _— / l -— BEING EC USED. 2.CHECK NUMBER&SIZE OF ANCHOR BOLTS,SPACING, &BOLT CIRCLE DIA.ON TEMPLATE AGAINST ANCHOR BOLT LAYOUT DRAWL NG BEFORE INSTALLATION. 3.BOLT TEMPLATES ARf AVAILABLE FOR SECTIONS 5N THRU 16N OR 16NH. 4.ALLOW FOR DRAINAGE OF ALL PIPE LEG TOWER SECTION. 5.PART NO.IN CHART AT UPPER LEFT CONSISTS OF 12 ANCHOR BOLTS&6 TEMPLATES. ALL WELDED'SB'ASS"1'. INDEPENDENT ANCHOR BOLTS FOR SECTION 2W,3WN,4N,&5N (SEE TOWER ASSY FOR LAYOUT INFO.) PT.NO'S S82,SB3,SBA,&585 n7 �T3 A n.� la II Ilei I1� - II 1111 II II � '�� I I II II 19 I I'11CALCIS P1 � --- II 41 IY YI 11 II - �-.+1 al ll 1911 NASI IL 61" II �I T01- ANCHOR 04F+E 896-R�-�ww II - r 11 I�� I :s M�asGSTMF ilEa�6 aru�s mY[ �I L•a[Vxee.ro2[n as tett-a 6 rrnni x.i rt1.'ll!]I N16laTu. A:NC HOR B[XT LAYOUT PAD FOUNDATION FOR SECTIONS IW-10N. TEMPLATE]NFO&SHORT BASE DETMLS PIER✓3 PAD FOUNDATIONS FOR SECTION 7N THRU 16N OR 16NK ays: o+rcn: xre: On was regaau,x975 NOTE:SEE DWG.NO.B740973 FOR TEMPLATE FABRICATION DETAILS. NOTE:SEE DWG.NO.5050439 FOR TEMPLATE DETAILS. ` W30104 5 Ca Ca O SELF-SUPPORTING TOWER SPANDAR13 FOUNDATIONS PER ANSIITIA-222-G PRESUMPTIVE CLAY SOIL � Na APOCHOR BOLT DA-FA PIER 1l PAYS FIAT DRILLED PIER REVLY300.P.';31 bNk fYX AD➢ REQ'D CONCRETE was sse rsu ,rvws TONER BASE lAYO1IT DIMENSIONS A" `�' �T D1FtEI4S101LS 3fld� REWD DIMENSIONS s+ SECITON Sx-REQO IIRQE PRO]. VERTICAL KORTIONTAL ��- } VERTICJLt. REQ'D CONCRETE flRSHDRT DIAL 1NCHES BARS BlYR.9 RQUh!D SQUARE W ( s BARS C�.yM-3 fndsy :a-es.:. FI N R BASTE INCHES O A L PIER PIER O T 3WN - SE3 3112 - - - - - 6'-P 6..E _ _ - _.4N - - S84 41;.$ - _ _ _ _ - - 9-0' 9.5 SES 4114 - - - - - - B'-9' 11-3 - - - - 611f2 4'+IX 3'-11' T-75116' 5M4:2 41S)If, 3lf2 - - - - - - - 10r-3' 15.6 - - - 7N165 6'-G 3)4' S-6])16' 34 IW 5;6K41 4 15)16 31R g'-Gr t-F 2141' 19)-s6 96 6.3 G9 11'-6- 14-6 .. . SNI06 9{x314' 7-5' 4'-11 5716' SM42 4 15116 3172 B'-V 5-Dr 7-8' (8)-A8 27 7.3 7.9 14'-3- 341.1 1Sa1- Xv (E}-18 6.4 %3Z579N82 Kr-6 314` T-1 3;4' fi-1 3116- SM41 9 15)16 3172 64' 5-6' 7-71` (83-S6 U 8.4 9 16-0' 37.9 18'-0' 7.6- {e}-48 102 IM397110NSE3 11"-1 1f4- Lir-11' 7-3 5116' 3,14K48 521m 4 8'-6' S-6' 2'41` (81..a6 87 8.6 4.2 10`3 49.3 217-0' 21-6' {8}-48 11.1 IIN332 L4'-77)8' 62'•65116` 6-59116' 718115:1 71!16 5 9'4' S-(r 7-' {8}-7S $1 11.4 12-6 - - 227-W 2'-6' {8}-98 L2.3 L2N16 16-8 Va- 14'-5 9116' T-711116"1 7MX6E 1 7 1i 1fi. 5 q-0' 6"-6' 2'-6' {8}-1E 4? 11.6 13.9 - - 25'-0' 2`5' (BI')- L3.4 R(XMD CR SQUARE PIER I � 45' ER TVAVER A)�AI2D yt'��`"--"'!!! 1'fP. CENTOF PAD f- "I-y v— VEHTTt•!IL BARSR YP. 1 TOWER AliRS N f -- TOWER W -- --- rf. P 2 a Pr T J irn y�yf L-- r131NVIEW nAN v1Ew SECT10F1 A-A FI 6' �-- PLAN 6N TNRU 1204 C Ir---� {YH}TTICJIL . GRADE 1I GRADE ------------- (2) OSING 9 C RELSC�8AR3tEs EC15DVERTICAL MRS 02-1r OL WITHBARS$Z-IRO.C.WITH C --� I 2`COVER WITH 2s UW5 A- ---J 1'COVER WITH 2T 1APS (----� a P T10.4 CUECIbW TIES€MIDSLNG ______ _____ `– i NO.4 CIRCUM TIES EPKIOSING V &%R5 WITH 24"L WS ON s 7 HOR]ZONTAL BARS r___ VERTICAL @ARS WITH 24'LAPS ON Bmc 3994 r 3 CanTRS KR TOP 5'-O'AND 12`CENTERS EWAL LY 5PACED 0 1T O.G I I 3� rFxTms FOR TOP 5-0`wo 12' PF-1>o1h a 61iG]-5999 L – FRCH -0'TO TFE B6TTCN 5"WAY,TOP&BOTWN T'--- RENTERS FROM SAA TO THE BUTIUM 7nu FREE�7n-Rcn.M S D l R 'ir9P1.EA >t`.4'46F091 ACL O�:r lil?w�M1d7 F_ _y FVLT A A 9'EKrm%L BAR55 ELEVATION VIEW __–`1 F-SL�PORTIHG T(71;�8[ ERXAIILLY W1 9W VERRTXALBARS STANDARD FWMMTIONS HoDiM AT BUITEM4 _-1 Ery WkI Y SPAM ANS[J r1k222-G I 1 I -- ----L– HOiR110NTAL BWtS i E(�R1AJ-1Y SPaV @ 12'O.0 vA'r- C'c 04 :L__- FACH WAY,TOP&8OTMN LJ Cf1 5h U7174f13 ac.eaw e: �wwcll PIER&PAD SEE DAAW7NG B09054a FOR GENERAL FOUNDATION NOTES DRILLED PIER ELEVATION VJM d:DRAWING 0050439 fOR ANCHOR.®DLT LAYOUT ELEVATION VIEW DwG4G43 3 W W STANDARD FOUNDATION NOTES --'" ANSI/TEA-222-G 4NI OESCPJMM r aAn cxx ARF L STROAAU FOUNDATION DESIGNS ARE IN ACCORDANCE WITHANSVTWW G,-5>751IcnwA- IL MONEML"COACKEfE COVER FOFLRE6IFORC94FM SMALL BE 3 1YCHf?S(76 mm)MKM °. w STANDARDS FOR STEEL ANTENNA TOWERS AND hNTEMN0.SUP"nNG 5TAU 7UIE5".SECTIC7N 5 WISE NOLE©.APPROVED SPACERS,SHALL BE I TO INSURE 3IN13i(76 Mm)MINIM LW AND ANNEX F FOR THE.FOLLCh1 M PRESUMPTIVE€LAY 90IL PARAMETERS: COVE[ON REMORCH4ENT-C NakETE COVER FROM TOP Of FCUNDATION TO ENDS OF VERTICAL RBRFCRCEMEYT SHALL NOT 3 INCITES(76�)AAG'R 13E LESS THAN 3 INCHES utlrtl3te 3T9 (51 mm). {OIOA'sllT) m mm) ( } (�] Son FAllAion (PD} m, 13. SPACERS SHILL BE ATTACHM INTERMITTENTLY THROUGHOUT THE ENTIRE LENGTH Cf VERTICAL L SU IwWm3] [mIA] SNafWw DBW [kf§] DA"3a R£INR .CAGES TO INSURE COIC»rIUC PLACEMENT OF CAGES IN E4CAVATTOI45. FndsID .. Frds. 14. FCUND0.TN DESnS ASSUME STAUC7UR U-BACKrRL TO BE OWACTED IN B WETS(2OD mn) 510 1000 3060 9066 SOD 156 Kk7C]-1M iAYEPSTO45%OF MAXJMM DRY DV Uff AT OPrnM UM M1OUr R1ECOWnWT IN 8[26] © (171 [46] "1 1 14311 [24] [41,000] 0'01 A WITH ASTM D696.ADOITICINALLY,smLLTUBAL BACIF=RL MUST HEAVE A mYNIMUM CDMPALTS7 LR41T VYLTGHT OF 100 POA.MlDS PER CLOC FOX(16 kWrft3# 2. THE PURCHASER ML57 VERIFY THAT ACTUAL SITE 9DIL PARAWrERS MEET OR E 03EED 13. FOUNDATICIN DESIGNS ASSUME LEVEL GRADE AT THE STTE. Ah"TIA-Z22-G PRESUMPTIVE CLAY SOIL DESIGN PAWETERS AND THAT THE P8&-MTION 16. FOLMATION 1NSTA11ATICY4 SHALL BE SUPERVISES]BY PERSONNa KNO LEOG AL LE AND ANDJOR ZO€OF ffASONAL MMOISCUURE VARTATCN AT THE SITE FOUNQM.TION DESIGN EAFERIINCED WITH TF$PPjD TOUNDAATKA TYRE CCP&-RUCTICIN SHALLSE Ill MODYKAT30NS?TAY BE REWIRED IN ThE EVENT PILEERAMPTIVE CLAY SAIL PARAMETERS ARE NOT ACCORDANCE WITH GEN DVILLY ANTS?INSTILLATION PBAMCES. APPLICABLE FOR THE ACTUAL SUSSURFA:CE ODW.TOK FNCQ0rr 96E6. 17. FOR FOUNDATION AND ANCTNDR TOLERANCES SEE DRAV41W ASIGN4. 3. A SITE-SPB3FIC MIESTi IIiGATION LS REQUIED FOR CLASS III STRUCTURES IN ACEORDANCE WITH 1& LOOSE mmuuAL SHALL BE REMOVED FROM BOTTOM OF EXUVATION PRIOR TO CONCRETE AdIS'UTIA-222-G- PLACEMENT.SIDES OF EIEAVATICN SHALLBIE TOUGH AM FREE OF L.OME ClU11INGS. 4. FOUINDATICN DFMNS ASSUME FIELD INSPECTIONS WILL BE PERFORMED BY THE PURCJASIA S 19- OCN4CRETE WI-L BE PLACE IN A MANNER THAT WILL PREVEMIT SEGREGATION CF CONCRETE REPRESENTATIVE TO VERIFY THAT CON SIRLICTIDM MATERIALS,INSTALLATION MEONODS AND KAT BUALS.INFILTRAITION OF WATER OR SOIL AND OTHER OCCURRENCES WHICH MAY DECREASE ASSUMED DESIGN PARAMETERS APE ACCEPTABLE BASH ON THE UWDITIONS EXISTING AT THE TTiE STRENGTH OR DURABILITY OF THE FIX1lDAATTON, SITE 20. FREE FALL OONCKEHE MAY BE USED PROVTDEO FALL CS VERTICAL DOWN WITH ATT HITTING S. WORK SHALL BE.M ACCORDANCE WITH LOCAL CODES SAFETY REGULATIONS AND UNLESS 51Is OF E3CCAVAT",FORMWOK RE3NF4]RCING BARS,FORK TTS,LACE BRACING CR OTHER OTHERWISE NOTED.THE LATEST RPYISION OF ACI 318,M=IAG CODE REQUIREEMBRTS FOR OBSTRUCTIONS-UNDER NO CMZCL04SFANCES SNAIL.CONCRYIE FALL TFPIOUQH WATER, RUNFORCED CONCRETE-.PROCEDURES FOR THE PROTB7M OF E30CVAVATIONS,EJCSCIHG 21. CONCRETE 9IAU BE PLACED AC&AINIST IR4DIS URBED 5031 ENCEPT FOUR PIERS OR PIER AND PAD CONSTRUCTION AND UTILITIES SHALL 13E ESTABLISHED PRIOR TO FOUNDATION INSTALLATION. RXACATIONS.FORMS FOR PIERS SHALL BE A PRIOR TO PLACING STRUCRIUL BACKFILL 6- CONCRETE MATERIAIS SHALL LZ'3FIFORMI TO THE APPROPRIATE STATE RQUm"ENTS FOR 22, LONS7RUCT1ON]DINTS.IF RERQLnRED LN PIER MUST 13E AT LEAST 12 INCHES(305 mn)MEOW EXPOSED STRUCTURAL CON CRE BOTTOM OF EM3EDMERNS AND MUST BE TNF BHLTCUkLLY ROUGHENED TO A FALL AMPLITUDE OF 7. PROPORTIONS Of CONCRETE MATERIALS SHALL BE SUTTABIE FOR TAE IF157ALLATXM METHOD TAM Wi(6 mMj FO L"IDATION DESIGN ASSUME NO OTHER QONSTRUCROM JOINTS. UTSLLIED AND SHALL RSLILT IN DURABLE CONCRETE FOR RETANCE TO LOCAL ANTICIPATED 24. CASMW,IF USED.SHALL NOT BE UST IR RACE.EQUIPMENT,PROCEOUMJ'S.AND PROPORTIONS Af3SiBS€VE ALTICNS.THE DURABILITY RI)ai 34BV7 OF ACI 318 CHAATFR 4 SHALL EE SATESFMD OF C)N CRfTE MATERIALS SHALL INSURE CON ORETE WILL NOT BE ADVERSELY DISTURBED UPON. ELAsm ON THE CDNDTmNS.EXPECTED AT THE SITE AS A MINI4M CCNORM SHALL[SOP A OASB6 REMOVAL DR.RLLNG FLUID IF LASED,SHALL BE FULLY DISPLACED BY CONCRETE AMD MII4IMI11M COMPRESSIVE STREhACiTH OF 45DO PSI(31.6 WC IN 23 DAYS, STUALL NOT HE DETRIMENTAL TO CONCRETE OR SURROWRDIAEG 5LTI1-CONTAMINATED OONCFETE .t 8. MA7QMLR 1562E OF AGGREGATESH{A3L NOT EXCEED SIZE SU3TABLE FOP.ENSTALiATpON METHOD �{AI.L BE RREMOVEDFROM TDP CE FCNdIDATTLIfN AND REPLACED TH WIFRe3FRESH006KFETE LM=LM=OIL In C1 FAR D[STANCF BEHIND OR BETWEEN REINFORCING.MA)CMCLIM'SIZE MAY BE PO RIM s 24- TOIP OF TOIRIDATTTIN SHALL BE MOPED T4 ORAffiI WITH A FLOATED F1N15Hf�.E7®'O�ED[�3 vEOolr-A 61a[n-sn9e INCREASED TO 213 CLEAR DLS MICE PUyUY M ANORAALLUM AND METHODS OF OYSOLIDATlJI OF CONCRETE SHALL BE€T"..FERED 314"%314-(19 M K 19 MEET)WNI MUM. TDA.FTS X777-3DM SUCH AS VIBRATING WILL PREVENT HONEYCOM M OR VU'IOS. nrs sw.uc a w.�r e cr w�. 25. FOR AMIf]UOR BCO€X TYPE FC3lftlfANTJONLS,FOR GIIYfD TOWERS.ADD173OWL COR.ROSIONe ourar,-rm�n 9. REINFORCEMENT SHALL BE DEFORMED AND CONFORM TO THE REQUIREMENTS RTF ASTM A615 PRQTECTION MAY BE RE-gRRED FOR STEL GUY ANIaIORS IN DIRECT CONTACT WITH SOIL GRADE THD UNLESS OTHERWISE NOTED.SKIM IN REIRFDR UNENT SHALL Nd7T BE AL LOWED DES TGN ASSUMYS PERIODIC I45PECF[ONS WILL BE PERFORMED OVER THE LIFE OF THE A[YJM-222-G UNLESS OTHERWISE INUXATED. 57RLCTURE TO fEFERKWE IF ADDITIONAL ANCHOR CORROSION PROTECTION MEASURES MUST STANDARD F{IMATION NOTES 1G. RENFORiCT%GCA.GPS ST4A.LL BE BRASH ICI RETAIN PROPER MME95-IOW DURING HAHDUNG, BE IML.LEMET7TED BASED ON OBSERVED SITE3PECFFIC CL7NDIiIpNS. THROUGHOUTP[ACEItBIT OFOONCRETEAILD DLRIN6 E7C.HRAC7DN OF TIMPCWY CASING, �Ax: CNc3 �'TE FARO FLA IIar12q�2C04 al- ANEL6FI04G fS PROHIBITED ON REINFORCING,STEEL AND EMSEDMIENTS, sir r. HA LOF1 4uIEGG'R PRT.HARM as�.vmrG rcc �v: BM548 2 W W N AT END PLATES USE HOLES NDTE:SECTIOHS SH4W1D 6E ASSEMBLED ON EVEN GROUND&LEVELED TO INSURE STR4IGHTNIESS r-o,F Stallard-SSL NEAREST TOFLANGE PLATES. err-n- HORIZONTAL BNA.CES,IF PROVIDED ON TOWER 04-a 318-XI IV?-BOLTS, �04K ASSYDWG,.TO BE INSTALLED 1N TOP HOLM N420 N4.18 N4-16 N4-14 W— N4-$0 N48 N4-G 114-4 N4- N4-T R Mk Zt LEG PIN N4-21. 19 N4-17 N IS N9-13 N4-11 N4-9 114-7 N S N4-3 Nod VL-345 OR 4N SEMON 4N CENTER BOLT LEG PtN Vi34LEG PtN*IN5- 1 P#5-19 N5-L7 N5-15 fk5-13 H5-11 N5-9 N5-7 NS-5 N5-3 %-1 2n N5-1$ -16 S•14 k2 NSd13 S•8 115-6 N54 NS-2 N4S 318'1(1-1,+2"BOLTS AT MIP, SEC6ION SN USE TOP L4 BOTTOIN HOLES. IMPORTANT:LEG P/N IS STAMPED AT BOTTOM OF RASE FLANGE PLATE OF EACH SECTION LEG- TOWER LEG M § (a BRACE(REF) o TYPICAL ONE BOLT,RgACE CONNECTION DETAIL - MUST BE 5107 MUST BE KEPT FREE SECTION 4N SECTION 5N OF ORSNRUCTI6NS PN M PN M CENTER BOLT DNA,IS N4-L 213 N5-1 24 3J4- O LARGER END BOLTS. IM-2 21 16" N5-2 25 4' LEVELING a PAL NUT N4-3 22 16' NS-3 25716" NUTS t11 4 22 4' N5.4 25 S GROUT N4.5 22318- NS-5 25 314' f6'd-6 22 lb' N5-6r 25 X 16" N-7 22 4' N5-7 25 I I 114-8 22718 N5-8 26 4' w:dvurxs a��a 1V4-9 231116' N5-9 26716' SII®II@X11®IL II®Il€ ➢�AL�II�Hl=11�11� R+�6»+ AT NNTERMEOIATE CLIPS,CENTER W-10 2331145- N5-10 26 5 r GROUTING AND DRAINAGE DETAILS T�'�dca-re7�v +COLE.REMMNS OPE% H4-ii 23 87 N5-11 26314- N4-12 63 4-N412 23 lit' NS 12 261516' ca�axveawMt ue°"p rwar� aw+.r+ee N4-13 23 L 16- N5^13 27 B' N4-14 237187 N5-14 27 W 16' *GROUT MUST BE STRUCTURAL N4-15 24 Lfl6r N5.15 277116- NL MUST BE 5000 PSI(34.5 MPa) TOM PRS N416 Z4 16' N5-16 27 B- MINEMM ULTIMATE STRENGTH NOW GROUTW&1M1A9NAGE DETAIL N4-17 24 W NS-17 27 16' SHRINK 8.11ON-METALIJC OR N4-18 24 9jw NS-18 Ar APPRCAED EQUAL AND INSTALLED ,,,. oncar -TE N4-19 24 1 N5-19 28 1 8• ACCORDING TO M&NUFACTI RMS O.H WDa Narfi11j197rZ I6' K4-2V 24 7 N5-26 28 16- RECDMMENDATEONS. EIA A: N4-21 25 1116 R5-2 1-1 28 112' Tws TYPICAL TWO-BOLT,BRACE CONNECTION DETAIL N+T k8 9 k6' ' ": N4-R SK7203O5 IL W W W A A IF i•`li510ki SECTION ASSEMBLY pIN: 10N387 BILL OF MATERIAL �. el ITE14 PA7=f ND. QTW DE§'CRS PTIOM 1 VL59O6 2 tEG SSV 9-1 IN 25SfD 2V5 [PIPE 64—STD] ! 2. 1 2 VL59065 1 LEG SSV 9-11N 2SM 2056 [PIPE G*—SMI 3 N.F01 6 BROCE DS SSIOT L2)E.13x12--X [L 51+5 w1 6 4 N102 6 MACE DS SSU f t2X-13x12,86 ELS1k51c3] 5 M103 6 BAACE OS 5S30T L21C13X13_7S EL51.51x3] 6 21M17rA 45 BOLT ASSY IR x I-V4 KS&A325 EM 13x321 7 110162 12 NUT 314()AM-PAL)Fl1G (M 191 B 5ABS EP 16 BOLT ASSY STEP SRIx71V/DM [M16z179E � 3 6 GENERAL NOTES: 1. LSG PART NUMER 15 5TM LED AT TPE.BOTTOM OF E4CN LEG AMD MI)5T BE LOCATED AT TIE BWITOM OF THE S>3C.M FOR PROPER ASSEMBLY 2. STEP BOLTS ARE PWVIE.IEO ON t LEG ONLY. 3, 7M SECTXW 1S A BASE SB'aM.SEE TFE TOWER ASSEMBLY FOR ANC-IDR BOLTS,RAL NUTS AVE AM" TAE PNO-OF1'BOLTS. 4. DRAWING IS M.TS.AND LS FOR ASSEMBLY PAAtPOSS ONLV. S. NOMINAL!PERK EC1MA BaS ARE GWEN FOR RBEROCE ONLY AND WAM NOT BE SUBSITTI TED FOR.TFE DERCRIB®Sr UNLESS OTHERWISE AFPROVED BY R"PRODUCTS. 4 FLANGE PLATE a0a 0 0 TOWER AMS 0 0 0 00 _ o O FLAN PLATE r ■ 0 '0 4 0 VIEW A-A .0. F `-:::sig TOWER AXIS T[%L FRH.aM-7274CHk I S � � 56RGPA"f➢.4D9GP�RC�]FM1QE16l lIM1LT�110Af J< a 0SEMON ASSDWY []FAELS PCR SW ION387(MSQ ELEVATION VIEW 0 0a o0 a a o-.w :K4V- �V4TC Ix 1CM Aug172FLDRT FLANGE aFFSEi BF1fF3 FLANGE PLATE[PIN) SPREAD VIEW B-B F]IG'A: I SnEtTr- TCp N/A NTA 5-x F x 374"(PRL:5Q lv-(i 3JV[3219mm3 1% 1 OF] PRl ENGA iRL N/ifIGA.. BC1FT[IM !!4'16 1 3 IM STD 6'x 67 x uv(PRt:50.3 12'-7 174`[3B42r mp AkAx�:vc�: aLAr A070,M 1 W W lal W. A SECTION ASSEMBLY PIN:9N BILL OF MATERIAL *^ g STEM POAT N14. qff DESCIRIMON C VL358 2 LEG%V 9-11N 2S57 20'5 5 59 [POPE 64—STD[ 2 VL3585 - LEG SSY 411N 25M 2175 S 39 [.PIPE 64r,M STD) 2 I 5 PC91 6 BRACEDS S'9S4T LS.257L137C1(j.63' [L44~] 4 N92 5 FACE05 SS97 U-75)LUX11.17 [L41a'44e3] 5 493 6 WdkCE D6 SS9T L1.75X.13%1141' [L 4ft44a31 El� 214017GA 45 BOLT ASSY 1(2X 3-1(4 HSOA325 [M33*32] 2iW33GA :2 ElMT A%Y Sk81l 2-1f2 HW A325 [M13 SASTEP 1 :6 8CYLTA35Y5rFS518X71Vm,1h [M16x]7E] .I 6 GENERAL MOM: 1.. LE;PART NUMBER 35 STAMVET3 AT THE BOTTOM OF EAIN LEG AND KjrZ BE LDCATED AT THE 001-1F)w3OFTHE SECTFON FOR PROPER ASSEMBLY. #. STEPBOLTSARE PRO41DEDONONE LEGONLY- 3. FLANGE WXTS ARE'F£3R FLANGE PLATES A7 THE 5OFTOM OF THE'SECnDN.. 4. DRAWING IS N_TS-AND YS RX A5SENr6LY Pl1RPOSE5 OW r- S. NDFf11fk b*-n [fNNALENTS ARE 6E4F19 FOR REF?REVI ONLY AND'SMbLL NQT BE SUBSTCT1rma FOR mE DFSCRiTED'IZ u NLE55 OTHERMSE APPRMD BY ROAN PRODLO5. N 1 FLANGE PLATE 0�6 O O TOWUk M5 I r o a 11R ©0° D 0 O FLANGE PLATE 0 D d 0 "' NieacK as am An %SEW A-w o o aNaxA Y'.i:NL'1-5555 TOWER A%[S 'OL`Re � * �mzr.�nxia�srat oN soraNcnurt 7 7 we w- !_� a ° =UN AS EMBLY a 0 Q _ a 0 �`lAt[S FCR S3V 9N ELEVATION vLEY1f V a a anw: [gra. CATL: AEI} WW f ZIll19,7 FLANGE OFFSET BEVEL RANGE—(PIN) SIaREAD %"Ey/9-R �0. ""'.T W.- TOP :TOP NEA I'yrA 5-x3-X}ra•(P^:SC) $fi 3f4'[Ml0l"] TWS I . BOTTM NEA FgM 5 x 5 x 3r< (Pr34: Ck 10.6 V4•[321%rj cal.elfsa NNU.4MCIL' ilAAN']IG Al AF'; A78M16 4 W W RLE�i SECTION ASSEMBLY P/N:SN BILL OF MATERIAL ae *77-smirn ay,Y tw uP i EF£M PR'kTEID. K! 6ESCRIPTlofg 1 VL349 2 LEG SYd RN 235M 217 55 [PM 64-5Q] 44q.v;v 2 YL3495 i LEG SSW BN 2.557D 217 5 5 [PIP¢64mm STP] 3 N81 6 BRACE DS SW U-S)L 3X7.45' [L 390801 4 Na? 6 BRAD DS SW L1.SX.130.36 IL 38436x3] 2 I S N63 6 BRACEDSi ATLIS7t.13P8,74' [LM,18�31 6 N54 6 BRACE D5 SSBT L1.5X-13W9.11' 17-01 01 7 Z10017Gk 60 BOLT ASSY 112 X 1-114 HSS A325 [1413s321 6 2IM33GA 12 BOLT ASSY SAX 2-IR T58 A325 [M16464] 4 5ASTEP [6 BOLT ASSY STEP WMU MW/OBN [M16x578] 3 GrtMLERAL N07M 9' L. LEG PART NUMM 6 STAMPED AT THE BOTTOM Of EPCH LW AND MUST BE LOCATED ATTIE BOTTOM CF THE SECTM FOR PROPER ASSBMBILY. 2. STEP BOLTS ARE PRv'3iMED ON 1 LEG ONLY. 7 #. RANGE BOLTS.ARE FOR FLANGE PLATES AT THE BOTTOM OF THE SECTION- 4. MAWLNC C5 N.T-&AND 75 FOR ASSEMY PURPOSES ONLY. 5, NDHMAt METRIC EQI LAMENTS ARE GNEN FOR REFERENCE ONLY AND SHALL NOT SE SM-MUTED FOR THE DESCRIBED SUK UNLESS OTHUMSE AP4P.QVM BY ROM PRDCUCT& E 4 b FLANGE PLATE o�a a a TOWER AXIS i r 40 S 6 6 O0a _ 00D q o FLANGE RATE y1EW'd'x o a awor,cTs d fl po'nx sgs4 TOWEIRAnS LL Ph aSX-72-M 'au�eocaa7�eLs� .:rws s.a .-siorar & r t { brv�aaw.nE oe br r.+tryunnur 6 ,� O ��-yy !SETIOH ASTDWY a 0 o _ a 0 G OFTAILS FOR SW 8 4 a a ELEVATION V[£W ,h41. DBC4t. [11YTP VIEW 6.6 Am m W,Q&1147M DG'4: -M RAMGE oFF5ET 9EMELFLANGE PLATE LP1ft SPRUD PR1 EkGlk >"L.pMCI TOP WA N}h 5-X S'x 314'(P+11:SQ 6'46 314`[7DOO�j B0TTf7l4 H1A WA 5'X 5x314-(PAN;5l'3 6'-6 314'[261 L1mmj A7$D252 3 W W SECTION ASSEMBLY PJ N:7N BILL OF MATERIALw t xM roe L14 r-� iav n-Eml PART NQ. Q- 17E9CRIPIICINP I YL314 2 LEG SSW&7N 2SM 2V 5 SOFF [PIPE 51C 5TD] 2 vums 1 LEG 53V&7N 2SL6 20'S SOFF [PIPE S1 STD] 3 N71 6 BRACE 115 5577 L151L.13XS.71' [L 35.3dr3] 4N72 6 BRACE O'S 5577 Li.51L13XfiAT [L 38x3;Ber3] 2 L 5 N73 6 BRACE EPS S57T LL.51G-13%fi-3S [L 31x3W) 74 6 N746 BRACE VS 557f U51LIY%*7 [L M08.31 7 N75 6 BRACE L1'5 S57F LL5K13%5.92' [L 36 3W] 8 210017GA 75 BLATASSY V2711-LV4ILSBA325 [M9.3s32] 4 2IOD33GIL 12 BOLT ASSY 5A X 2-V2 M A325 [MS6M54] 3 10 5MSTEP' 16 j80LTASSYSTEP5AVWM6N [N1[178] GENERA.NNOTm 16 1. LEG PART NMMR 5 STAM M AT THE BOTTDN OF EACH Lffi AND MST BE LOfATW AT THE BOTTOM OF TFE SEC71CQ1 FOR PROPER ASSEMBLY.. 2, STEP WX75 ARE PRDVE ED ON I LEG CHLY. 3. FLANGE MOLTS ARE FOR FLANGE PLATE'S AT TLE BOiTS]M OF THE SECTION. 4. MAY12OG IS N.TS,AND 15 FOR ASSEMEWY PONPOSES ONLY. S. N MMML METRIC EQLN4AEaS AM GPAEN POR.REPEREIICE ONLY AND 9iALL NUT BE SLMST ITVF EI FOR THE DESCRIBER}59Zf5 UNLESS OTH8 V4%APPFCVM BY ROHR PRDOl1iC15- B 8 E --MWGIE PLATE .5 �a G O TCWIA A70S I r t 0o fIALNGE PA,iTE VLEWA-A O 0 a s .0. ra LIOf59w TOWER AXIS reoiai,A 6�y-s®n mozraaeca-:v 9 u�warier mama- F y =ON A5�19Lr + 7 ¢ �/o - .00 DETAILS FOR SW TN a CT eLevAnox uLEw VIEW B-6 AiiD MH£1 S�J4J1978 �°eGoz S+�TF's_ TS I OF S FLANGE OFFSET BEVEL FLANGEPLATE LPdN1 SPREAD TasE Rif-AXGa' TOP NLA NIA S'X S X 314'(PJM:SAI 4:-b 1 W[13MMI BOTTdq 1J4'[&miI IIIA S X S x 3I4'(PJM:SB) 6'-6-v r[?Mom] : A78L7134 3 W W 4 A � SEMON ASSEMBLY P/N:6N BILL OF MATERIAL ae7 LV3CR P 7D5 wFeF Qa AAv wYi rNOS qff DESCRIPTION 1 VL347 2 LEG SSW bN 25M 29 45MN S [PIPE 51—STDI 2 VL347S 1 LEG SSW"2STD 2V 454"S [PIPE 51-5m, 3 N61 6 BWE 05 S56T Li-SX 137639' EL 3b3WI 4 N62 6 BRACE DS SS6T L3:55L 13x4.61' 4 W38s33 2 1 5 N63 6 BRACE DS S%f LJ 5X 13x4.W [L 3&c3W] 6 NG4 6 BRACE DS SW LI.55L 13715.18' [L 3 XM-31 7 N55 6 N ALE DS 556T L15R.13%5.2F [L 3Ex3br3] I 6 2100T7GA 25 BDLTASST S/2x i-174 HSB A325 [M13i32] 4 TIDO13GA 12 119OLT ASSY%%$2-112 MAM IMISX541 3 --` 10 I SAMP 15 1 WET ASS{STEP 5,870 WAD11TI [FI16x17B1 GENEP11l NOTES- I SD 1. LEG PART NL8aE11 LS SEA}mED AT THE BOTTOM OF EAOH LEG AND MUST BE LOCATED A7 nlE DOT"OF TTIE SECMf4 FOR PRO RR ASSEMMY, 2. STEP BOLTS ARE PRlWIDED ON i LEG ON LY. 3. FLANGE BOLTS ARE FOR FLANGE PLATES AT TF€BOTFOH OF THE SE€T70M. 4. 17RAYnK Z N.T.S.AND 15 FOR ASSE MLY PURPOSES ONLY. S. NOMRIIAL METRO BQXMA1EN!TS ARE GNM FOR REFER ONLY LVID SHALL MDT BE 9ASR7VrED FOR THE DESCRIBED S72E5 UNLESS 0TTEERYn%APPROVED BY RO HN PR000CLS- 4 E 0 FLANGE PLATE a S a 0- TOWER A7g5 l k G D � O O 0', fi G a J] FIAIri;F Pth YLEFY ARIL O Mco--,; 6 E 0 a0 5Ox 5m VkaAR[i.b f'.6C'J, TOWER AxTS TOµ,FREE-0DFWAOt % I t rD!ETAILS 7 9 o _ U +EC A9O06 00 Rll1�9IIlA. 111�1.1qEn CFl N91g3i.P1d0i'2�T(T}E6 .T .0 O ELEVATION VSEW aA1'I: t ❑5'1� VIEW 0-5 AFD V1E:U OcLRE/14T9 :1tlGA A4FT T: TN5 k OF 1 FLANGE OFFSET BEVEL FLANGE PLATE{P1 SP'RFAE �.FVG`P: ?R1 11AhG'R: PUA 3 1W REV 4 Vr#4 I/2"x 518'(PM:.W9M) 2'-6'[M21 m] 9Cf TT'M NLA NLA S'X S'x M4,(PIN:SA) I 9-5 Vr 113M.] acawaec!Ee 'ti A7802[13] b W W 00 A A GENERAL MOTES: uF NO. *# a. LEG PART NUMBER 15$7AMPEwATTHE fligTTDMafEADiLEG AND MUST SECTION ASSEMBLY P/N;SN 2 BE WCATED AT THE BaTTOM OF THE SECTION FOR PRLIPERfir. BILL(7F MATERIAL 2- FLANGE BOLTS ARE FOR FLANGE.PLATES AT THE BOTTON OF THE SHCf'A]N. �� .I 3_ DRAW7FIG 1S N.T.S.AND 6 FOR ASSENRY PlWAA3STS DMLY- rm" PART No. QTT OESCRTFTION 4. NMRAL METRIC BQUIVAlE M ARE GEEEN FOR 71ff B04CE ONLY AND 1 VL341 3 LEG$5Y SI1I571rrE 1,4458 20'45 [BAR P40 37mm SR] SF19LL IAYT SE SUBSrrr V'TE3D FOR TIE UESOUSLD ZESS UNLESS OTH$RVdSE APPROVED BY R"PRODUM. 2 N45 1 ®RACE DLkG SSV RD DAR.63X1.98 [BAR AND 16-1 3 NSI 3 MACE DI0.G SW RD BAA.6317.18 [BAR"D 1&rn ] 4 4 4 N52 3 BRIE DING SSER17 90.8.631223 [BAR RND 16rnn] S S N53 3 MArE DING SSY RD MR.63X213 [BAR RND 16r=l 6 I N54 I 3 MME DUG SW RD W.63X225 PMR.RND 16rnm1 7 455 3 MACE D2AG SSV RES BAR.631716 [BAR RND 16mm1 5 & N5d 3 BBACF UNG SSV RD 9AR.63X2.28 [BAR Rfiro 16mm] 7 2 4 N57 3 9RAa DUG SSV RD BAR.63X229 [BAR RND 16rw] 10 RSB 3 E3fl1oj:E DLAG SSV RD BAR.6.3X2.30 FBAR RNA l6emi] 1! W9 3 RUCE D[AG SSV RD 9AR.fiW31 i9AR RND 16r- ) 8 12 N510 3 BRACE DIAG SSV RD BAR.6332.33 [BAR RK7 16mm] 9 13 N51.1 3 BRISE DUG SSV RD BAR.63X234 [RO-11 RND I&MI A4 N512 3 BRACE DSAG SSV RD BAR.633236 [BAR RNO I&MI 15 N513 3 NUKE 01AG SSV RD BAR.6_;32.38 [BAR RNU 161mi 10 16 N514 3 WCE DUG SSV RD E R.6372.39 [BAR RND 16mm] 11 17 MIS 3 BRACE DUG SSY RD BAR.637(2.49 [BAH RNC I&MI U NS 16 _L BRACE DUG$Y RD BAR.6372.41 [BAR RIID 16-1 19 N517 3 'BRACE WAG-SS RD BNR.63X1.43 [9AR RM 15�] E 12 20 N518 3 BRACF DUG 1352 RD BIR.63X2A5 ISAR RW I&MI I l3 21 N519 3 BRACE DUG 55Y RD BAR.6312.46 [BAR RLN?lin m] 22 mm 3 FACE DUG SSY RD EWA.6372.47 [BAR L-40 I6mm] 23 N521 3 BRACE DUG ESY RD EWA.63UAS IBAR RND I&MI 14 24 FM 3 BRACE DRAG SSV RD SAR.63X2:30 [BAR OW I6mm] 25 210DOWA 72 B0LTAS9Y 3I8 X 1-VIZ FES GS [HMEM] d} 26 20032GA 12 H0LT ASSY S18 X 2-114 HHB A32S [MI647] 16 17 FLhAGE PLATE /0 IM le BRA[ G DETXISL P[ V a 14 a TLIIIIETt AXiS 2Q 8 2lB p 9B? p FLANGE PLATE pd FO9 9 U C7 D'0 D a .�A.a Si�Oa-494➢ --.L FREE 8*-n?4a m O 0- 0 D0 23 VIEW A-A TOWER A1D5 aa�nesmicrrn. 1 SECTION ASSEN Y z4 DETAILS FOR SSV 5N 0 ELEVATION VIEW 0 O ,fr^'�1 {,�-+,7ate: otic p'4J '�✓p AED 3D Z=1429 O 4 T.cMEEI 9: TWS 1 1R 1 FLAME OFFSEE eE1fli FLANGE PLATE(PINS SPREAD vim B-■ pA1 F'JX711' ML TOP NIA NIA 4 Vr X 4 Vr X WV[PM:YLSOl] 2`-2'[66E7mmj LkN'NIAIG NLY.' P.kV: B JFTOI4 NIA NIA 4 IIY X 4 1I2'X W[PIN:17L Wlj T-v[752ff-I A7901195 W W GENERAL KOTES: NLE Ab. T} L. :EG PART NLWTBER IS STAMPED AT THE EIDTTON OF EALYI LUG AND M75f SEMON ASSEMBLY P/N:4N 8E LOCATED Al THE BUTTON OF TW SECTION F9R PROPER+ WY. BILL OF FATE RIAL 2. fi.ANC£BOLTS ARE FOR FLWiC.EHES . ATAT THE BCATDM,OF THE 58[T ONO D4 D� cm &PP 3. ORAWNG CSH.T..S.AMID IS FOR.ASSEMBLY PUFSOSM Q]WY. UEM PART FPD. QTY O'ESCR[PTION 3 C. NOf4Br1AE METRIC UQl1PVALENTS AAE 6PlEN FOR REFERENCE ONLY AND I VL345 3 LEG.SSV 4N 1 2SSR 2D'4 45 ISAR.RND 32—S'+1 �•• aw .a S kL NOT BE SUBSTTTIMM FOR VIE OeRZ3U"SU"UNI-ESS c+ s•u OTHERWISE APPROYED BY W"PRCOUCTS. 2 N4T 3 BRACE H SSV AD BAR.63X1.66' IBAR IND]6mm,. 3 N41 3 'BRACE 6HAG:SSV RD BAR.63XI.90 [W ANO 161-1 S 4 4 N42 3 BRACE DIAG SS17 RD ENR.63x1.94 [BAR RND 3.6mml S S N43 3 BRAGS 96AG SSV RD BAR.63SL1.95 ISA'R RND I W n7 6 N44 3 BRAS DAG S5V RD BAR.63 197 [BAR RND 16t"] 7 N45 3 69ACE DAG$5V RD FW7,637L3.90 [BAR RND 161m] 6 B N% 3 BRACE DIAL S9V RDW.SU2.99 [ELM RNO I6; ] 7 4 N47 3 BRACE DIAD SW RD BAR.M.01 [BAR RHO W=] 60 NCB 3 NUMCE DAG M RD BAR.63A2.02 [EWL RNID 1&9-1 I1 N49 _L BRACE CIACG S9A RD BAR.6370.04 [MR RNO 161mm1] 8 12 8410 3 BRACE DAG SSV FD BAR,631Q.05 [BAR RNO I&W] �. 63 *413 3 BRACF DAG SSV RD BAR.,63TQ.05 [WA RNO 169mm] L4 N412 3 BRAKE DAG SSV RD BAR.W Q.C@ [BAA RFD 16mm1 15 PH13 3 BRACE DAZ S5V RD BAR,6370,09 [BAT[RFD 1&m ] 10 E6 M414 3 BRACC:DUG SSV RO-&4R.6390.14 [BAdI.RHD I&MI 11 17 N415 3 BRACE DUNG SSW RD BCR.63162.12 [BAR RND 16mm1 IR N416 3 RUCE MAG SSW RD BAR.6332-13 (SLR 0110 I&MI 14 N417 3 BRACE DW SSV RD BAR.639215 [BAR OM 16mMn] 20 0418 3 02A M OIAr SSV RD BAA.6312.16 [BAR.RND I E-1 II 21 N419 3 BRACE L19AF SSV RD BAR.6312.17 [BAR RFfD 16r:i.•^ 22 N420 3 BRACE DIAD SSV R@ BCA.631219 [BAR RND I E--� n I 23 N421 3 BRACE OIAG SSV RD MR.63Y.2-20 .[BAR RND I En-' `. 4-0 24 N4B 3 BRACE H SSV ADW.63%1.94' [BAR RNO]6—: 25 2108CBG15 l2 BOLT ASSY 3)8%1-712 FPES GS 'IHIws] 1S 26 20032GA 12 BOLT A59Y Wl X 2-V4 HSB AM JJM16x571 d i� 16 17 FLANGE PLATE 8 BRACING OETALIL P 0- - 19 TOWER Aa65 f 20 PAL`S of 21 7f 0 – p FLANGE RATE !V [f am s" 00 P 0. P FREE M7V-Rl3HN 22 6T 0 .00 P, t.�P.b�L.CG[FI/tl'LIYMFS9ii�k9iMClIpiT 23 VIEW A-A TOWER AXIS auo ameavnn. Y. � L A �C�TrTO�N�/AS:5El49LY DETAILS FOR SSV 4N Q EELEVATIEW V&-W o00 _ P a cwxa: AF➢ RAM Ntr/77A79T4 TNT$ SOF I FLANGE L1FF57T BEVEL FI.AIdCi1E R1ATE{Pf NT SIMTAp %EVA 013 -u E1+GA PRti P MIM-- TDP NAA WA 4-R V X V2'(4PN:41%} I'-L11-155S-1 ]+A'MMG TAG` AE4: Pr r-o-. N;A NIA 4V2-X 4112'XWa-('P1N:45A] 2'-2"[66Dmm] ,A7 1111 4 W O Fra Na R A MPPISIONS REY pBCR Pr=N DWM CMXI APP SECTION ASSEMBLY PIN:3WN BILL OF MATERIAL rmmi PARI NCV, QTY. "SCRIPTICN/ 1 a53 1 1 SECTION 20',3wH wELOEo h 2 2=2%CA j 13 B0lTA55y 2K2MSBAV-5 [Mi3KS L] GENERAL NCITES: 1. LEG PART M.PIER IS STAWEO AT TME BOTTOM OF EACH LPG ANP MOST if t.pC IM AT THE BOTTOM OF THE SEIMON MR PROPER ASSEMKV 2. FLANGE BOLTS ARE FOR"AG E RATES AT TFIE BOTTOM OF THE SECTION. 3. ORAWUC IS ELT,S.AND 15 FON ASSD4 LM PURPOSES ONLY. 4_ NOFIWAL WOW B�PUWMBWTS ARE GIVEN FOR REITRUIM ONLY*LD SFGILL HOT BE SP.A T4iIRID FOR 7HE DESCRIBED SIZES UNLESS OTHERWISE AP PROWFLT LEG 0.D.=E5115' 81'ROHM PR ccKTS_ —BRACE O.O.=7r36- E b FLANGE PLATE 0 o 0 o a Tflh4Eit A)CL5 r rnmcrrs f 8 o ° FL42CE PLATE O 0 r//�yy7pu p�}yyB 0. TR G0.55 S � El�D.CJaD s?IeEF Y11YaL(�g1YaaTnr9fXG.�• 2 VIEW A-A iQYER 'S utw�r.. ` W:CWIt ASSEMBLY DETAILS EOR SSV 3WN C !'� ELEVATION VIEW u06 O V O arH: chc^a. TATE: AEU RIW »!19!1779 O O cNGTL SME TWs ICF1 F1ATM,E OFF5E7r BFYEL RANGE PLATE iRl N1 SPREAD VIEW 66 'u iNGR: PJU .k"m TCSP NIA Ire RE4 Y X r X W{PIN:3A} I ;aa.wiaG Par 0.Pr: 90170M N;A I11'51D V X T X lir{PIN:4Q ]_.J'[559-3 A796D97 6 W A A Fllt Gl.Y. REVMX#6i SECTION ASSEMBLY P/N: 2W -1 T-7-7f BILL OF MATERIAL wre au vm� ITEM PARTNO- QFY OE'SLRIFYION 1 Y52 1 Sfi 3P4 W 2W WEIM HCG 2 210DOSGA 12 BOLT ASSY 3P8 X 1-1/2 NLS GS [NS1�361 1 GENERAL NOLL3: I. LEG PART MJM8ER IS STAMPED AT THE BOTTOM OF EACH LEG AND MUST BE LUCATFO AT niE BOTTOH OF 111E SCCTT POR PPOPER ASSN Y. 2. fLAWH BOLTS ARE KW FLANGE PLATES AT THE BOTTOM OF THE SECTION. 3. DRAWDiG 15 PLT$.AND 15 FOR A55El6LY PURPOSES ONLY. 4, WKNAL METRIC EQUIYALENTS ARE GWEPf FOR REFERENCE ONLY AND SNALJ_WIT BE SLmSTTNTED FOR 7W DEMBED SdE5 UNLE55 LPTFRYILSE APPROVED BY ROHM PRODUCTS. LEG O.O.=114' BWE O-D_=3I'8' R,%M;E RATE O © O O TOWER AM O O P G FLANGE PLATA: 0 0 0 O O 000 wgaC's i �G 9Tf 5899 VIEW A-A p PEOaIA 7i G965.-5491 R B TOWER AXIS TOLL WE e0}9d?4t0HM "4 UWP s`!E 1pglT�mE T 6�:.Ti y I � I��-�.O.C.VmaR'IURollredc59A w41JR�'�9Lc: 4Ar6R^JtCP4Efr 2 00 - Dc-)O CE7Jlns FOR ssv zw ELLYATT70M YI-E'W O O 5.170; fHm. '.G4T1_ FLANGE OFFSET sm-L FkA'NGE� =hGA N) SPRfAD VIEW" AED PmPSaJI{f1419 TOP NIA NLA 3'X 3"X 3f8'4Fi'N:3A1 I'-2'[356x') Tw5 1 of 1 BOTTOM NIA NPA r X 3-X 30'(PfN:3A} 1'fi-[457A"] mss.F,a;It w.w.>rcaa Dk4vtm W. Ev: A7900511 6 W N SECTION ASSEMBLY P/N.:1WB BILL OF MATERIAL wn ivwm� ITEM PART N0. QTY DESCRIPTION 1 V% 1 587ION L9 IWS WELDED 2 2 m9005GA 12 BOLT Assy 3A X 1-v2 1IL'S G3 I IMID.Al GENERAL NOTES 1. LEG PMT NuPSER IS STAMPED AT THE BOTEOM SOF EACH LFG AND MUST BE IAUtTED AT THE BQTFCM OF THE SEMON F914 PROP£R ABLY. 2. FLANGE BOLTS ARE FDR FLANGE PLATES AT TIE 8077'9"OF T}f SEC ON, 3. DRANPLHG I5 N.TS.A 40 15 FOR AE-SEMALY PYIRPC15E5 ONLY. A. HWNAL METRIC EYZLEI 401TS ARE GIYEN FDR REEERENCL ONLY AND SMALL ROT BE SUBSTnUrED fM TIE DESMBED A2E5 LRA ESS 0114 135E APPROVED BY R"PRCOUCTS. I E LEG D.O.=%riff. E b BRACE OLD'.=3fir FLAKE PLATE 4 6 D D TOWER A)3S r � ° ° O O FLANGE PLATE O o O 9 4 /'y raooucn 0 B 'D 0 0 a0 mof 5399 VIEW A-A 0 TOWER ARTS T�b�s�xaxanrx 0 O _ ° ° SECnON ASSEMBLY ELEVAR9N MEW DETKLS FOR SSV}W16 O O tr{ry: :kC.: JA.TE: FEAISME OFFSET BEVEL FLANGE PLATE IP{N} SPREAD VIEW 6-6 &ED e7FJn Mx'J44,'1979 �: TDP NFA N-A 3-%3-x_"'LP N:3A) 1'-2"(35&m ) rn5 1 Of 1 BOITOM NFA ,?A S'%3'k 3,f8'QPM:3A1 9'-2'[35Grnn] Ai90089 3 W W TAPERED TOP ASSY SILL OF MATERIALS DETAIL ae.cs:v� Z"V ogCRiP '1v DOM iNs TOWER SEG FLANGE PLATE FldRGE NOLTS �+c twzrwr�. ASSY PIN MNMBER M N R sm Q" SIZE PIN o.h uxuu O ITT 1w,Iwo,2W 1'-r 1'-0l fr V-m"le. 3 x 3 318 4 3,4 x 1-10 2IDDOBGk 4 Q 3Fi 2WSf,2W$3WN 1',fi' 1'-3 91'ifi' 0'30 318' 3 X 3X319 9 3A8 X 1-1A2 2 Y0000O1 4TTN 3WNST,-WPi„411 11 IT 11-71119, 11-0 11115 4 X 4 X 1A2 4 1{I X 2 210020Gk STM 4NST,4NA,4W 6.4NC,SN 7-7' Y-1011r 1'-3" 4-112 X 4-Y.r2 X 518 4 SAS X 2-I M 21003301 6TT SNIST,SNA,M,SVC,6N 7-6" --r 1'-5 5116' 4-112 X 4-112 x 5d9 4 SA$X 2-1,M 210MKA O M 6 Q 4? d NOTE:DESIGN BASED ON THRUST OF 5064 AT CLAMPCNC P057I 5 p- Y, 2 314r 0.0. 1'- 7$ RECOMMENDED CLAMPLNG P0SMON5 FOR ANTHOM MOUNTS PO 9d[4�9 Mm0uk d 6:601-1998 +=smgn-cue a ivy r a ar tam TAPERED TOP ASSEMBLY Ylk: {kY':: 6yI M. CK ]NRN7A%T LV4 1OFt .1iA�Y:711C'kGf: �V: SK67,aQ7 12 W FIRE M. k OI+K-iHR MPP Aw AAryE roa pAIAE 1Vl'A®i5 '1A PLPE LEG,SOUD LEG, OR POLE 5EM121 lig I I tIA IY IY 1 9 J �A -- r l+d 111 1+a STEP BOLTS TO It CLIMIEO BY A COMPETERT CUMBEO ONLY.100%FALL PROTECTION IS NEGUIREN AT ALL TIMES.C LIMN 106 STEP NOITS IS BANSEN011,15 AND CAN CAUSE SEPFOUS INJUlgT ON.0EkTH..PEPFOPM AN NNI>�Ti INSPECTION PRIOR TN CLIMBING TO IDENTIFY PO BOz 5B39 POTENTIAL Ct IM UNC WARDS. =Tcp.,K IL mat sm U FREE W42740M STEP BOLTS SPACING AT SECTWN JOINTS ILLY NOT BE tDASISTLNT WUN TME SPACING TNBONGROUT ��x++av' oa nw�o�wu.�awa-w-na� THE STRUCTURE.FLANGE PLATES AT SECTION JOINTS ,UFS,ATTACHMENTS TO LESS.FTC.MITT BE AN 0 OSTRU4:1101 TO COWINU 09 CUMMING. STEP 9X1 INSTALLAT104 DErAll fIOTE: 1. STV BOLTS MUST BE TURNED UNTIL THE FlIU3NT EDGE OF THE 9 XTT{7UDIES THE SIDE OF Tw STALomm. Z. STEP SOFTS FRE SUPPLIM FOR PURP'C SES AND VIEW A-A 7r+: CHM. nnRE: ARE WF VITINOM FOP USE BYUxlquAI LED PBtSMNEL STEP BOLT CUMBING WARNING SIGN OH Tars 3. DEmnoN FFDM EWES=T ALDOWE3lT IS ACI�FTANLE.SOW (iRSTA'WARNING SM IN BO TUM S:YF 5'RLIC 1JWJr -_mm AEEY r: 5PACCT19G LNaMISTENCY HAY DDST AT SPLICE LOGATDOP& cw L eJF L f, IF STEP 9DLT5 AJd BE JELIO TO PRESETTT SAFETY PROMM 'aL ENGIL TO PERSONWL,DO MDT INSTALL THE STEP BMT5. �AAYlUYS rte: .- 665126+4 v5 W CJY F� OwfF y09 wiV t H DR QYE:P ASSEMBLY BOLT INSTALLATION 1, UNLESS OTHERWISE SPECIFIED,ASSEMBLY BOLTS AND ANCHOR BOLTS ARE TO BE TIGHTENED TO A SNUG TIGHT CONDITION(MEMBERS IN FIRM CONTACT)AND MUST INCLUDE A NUT LOCKING DEVICE.NO MINIMUM BOLT TENSION OR TORQUE VALUES ARE REQUIRED,WHEN LOCK WASHERS ARE PROVIDED AS A NUT LOCKING DEVICE, REPLACE ANY DAMAGED WASHERS DUE TO OVER TIGHTENING. 2. WASHERS ARE TO BE INSTALLED OVER SLOTTED HOLES. PAL NUT INSTALLATION 1, PAL NUTS ARE TO BE INSTALLED AFTER NLTS ARE TIGHT AND WITH EDGE LIP OUT(SEE PICTURE).PAL NUTS ARE NOT REQUIRED WHEN SELF-LOCKING NUTS OR LOCK WASHERS ARE PROVIDED. 'o Box ar.�a c s_ua� x �.rEc_9Rn CR LLE.O SwVl'.Y T+wi"wtfWf BC3LT ASSEMBLY INSTAL A-UC% cti GHB 4AC6FA 7W5 tOFS A7%135 ? W 200009358 This Deed of F:asernent is exempt from recording taxes pursuant to Va.Code§58.1-811(D}as a Beed o(Gift with no consideratimi. Prepared by end !Andrew P.Hill,VSB No.804%4 return to: Mata&Hill PLC 25 S.Royal Avenue Front Royal,Virginia 22630 Consideration: zere 'Fax LD.: 22 A 19F 22 A 19G g,OA THIS DEED OF EASEMENTli s-made this day of , 2020,by and hetween,jAIME M.IEE and SUSAN C.1.14 husband and wife,parties of the fust part(hereinafter referred to as,the"Grantors"),whose address is 336 Peeper Lane, Winchester, Virginia 22603, and RICHARD W. DAUGHER'TY and SUSAN E. DAUGHERTY,husband and wife,parties of the second part(hereinafter referred to as the"Grantees"),whose address is 348 Peeper Lane,Winchester,Virginia 22603. RECITALS: WHEREAS,the Grantors are the owners of certain real estate described as Lot 7, Frog Hallow Estates,comprising 6.00 acres,more or less,coinmonly known as 336 Pceper Lane,Winchester,Virginia 22603(Frederick County Tax Map No.22 A 1.9F)(hereinafter referred to as"Lot 7");and WHEREAS,the Grantees are the owners of certain real t.state described as Lot 8, Frog Hollow Estates,comprising 6.00 acres,r.rore or less,commonly known as 348 Peeper Lane,Winchester,Virginia 22603{Frederick County Tax Map No.22 A 19G)(hereinafter referred to as"Lot 8");andlnCs WHEREAS, the Grantees desire to obtaul, and the Grantors desire to grant to Grantees,their successors and assigns(including any and all future owners ofLot 8),a non- exclusive easement(hereinafter referred to as the"Easement")over a portion of l..ut 7 on the conditions set forth ni this instrument satd in the location shown on the attached plat prepared by Christophcr D.Furstenau,L.S.,dated July 15,7024(hereinafter referred to as the"Plat"),a copy of which is attached hereto and incorporated herein by this reference as if expressly set forth in ft,ll; r 347 c NOW,THEREFORE,THIS DEED OF EASEMENT WITNESSETH:That for � good and valuable consideration, the: receipt and sufficiency of which is hereby h, acknowledged,the parties hereto agree as fellows: 1. The Grantors hereby grant a non-exclusive Easement to the Grantees, their successors and assigns,over and across that portion of Lot 7 shown on the Plat and designated as "Tower Easement Hereby Created (6935 sq. ft.)" (hereinafter referred to as the"Easement Area"). 2. The Easement is a"fall easement"for a telecommunications tower sited on Lot 8 (hereinafter referred to as the "Tower"), as shown on the Plat. The Easement Area is designed to cover the maximum distance from which the Tower can fall in the event of a collapse. 3. Under the Easement granted by this Deed,the Grantees,their successors and assigns,only have the eight to enter on to Lot 7 in the event of a collapse of the Tower. In the event that such entry is necessary,Grantees,their successors and assigns,shall ensure,to the greatest extent possible,that Lot 7 is restored to its condition immediately prior to any collapse. 4. The Easement created by this Heed shall constitute a covenant running with the land and shall be a perpetual easement,binding the Grantors,the Grantees,and each of their successors and assigns. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This Deed of Easement is made subject to all easements, rights of way and restrictions of record,afFecting the sub}ect property. 2 348 jlylrr,frfnnerr!'!!! WITNFM the follncnng nigra we;and:orals _`1�.• +•; , (Sa+TY nF F T �. ryrllflp U111''�` 1141 PIS !' r SUSAN+C.LEE .P�. . CITY/COUNTY DP--�--,.-, —__..-- —*tD Wlt- r'C't.'f IIY ,.•'. The foregoing instrument was acknowledged before me this i _ day of 2020,by iaime M.Lee and Susan C.Lee. My commission expires. f' ` S111uirifllrrlr! /��y / M1�4r ••" ', 140TARYf'i]BLIC 349 T —(SEAL) RT(:Fi,A1R7i w- nll E1frx ' G{t ;r(SEAL) SUSAN F DAUGHFXr I COMMONWEALTH OF VIRGINIA, CITYICGUNTY OF y The fawning iastrumer$ was ackwwlcftcd before rise this day of My cwnrnission expires: L I'Y� 31_. c U t) NOTARY FG`BLIC ALESSAWRA n LANZETTA NOTARY PUBLIC comman"AR ❑1 Vkgin Bag.#7854&'5 spy fdbrrrrwsaenn E� ofl 4 350 PROPOSES]TOWER LOCATION LOT 4 LOT 8 S 40*00'32" TOWER EASEMENT ;091.74�� -r LOT 7 S 40'01'04" VW 64.16 5 3T01'01" W c~7 FROG HOLLOW ESTATES GAINESBQRO DISTRICT FREDERICK COUNTY, VIRGINIA ! f LOT a a r- 6.0000 ACRES IZEk DWELLING # 348 p ��• STAKE �� { TNEW OWER rr J STAKE fI /WELL L 0 /a� IRF €( 7OYV EITANKS / TBi� GARAGE r_ EER BYWERC REAT D Duni �` / (6935 SO. FT.) ui STAyE tsa r tP rn � 3 41 EX. DRAINFIELD BUF'F'ER ESM'T 1� 1 rN o IRRILL 110�E � PEEPER L ANE _._CONC, - 50' R/W AND UTIL. ESM'T r R'- 1 �J 50, _fir r zQ 62 w r - 44'26 F ',Vl�r W1LL'.Fi++SS �o$tt =h4 CDF LAND SURVEYING CWL'STOPHER D.FURFMAU,L.S. I.'ND ST,`Rlv%YLlC-L.4NND PLANNINC.CONSULTATioN, 1320 COMMERCT STREET.PM9 WINCHESTER,VIRGINIA zml U HR ISTD D. vp $40 974-4268 FAX 548,22-3232 ehrLstopb er@cdfmrveyinR wm FURSTENAU DA TE. .JUL Y 15, 2Dw0f UL No. 2727 CALM: .22-A-1§�O � JULY 15, .?D20 ,4X MAP.�2-A-19C: �"VD S Utile 351 VIRGINW l'"FOWK U-JUNNSCT, Thai j;iaTr MV.qj r),Of:I I I.vos Pfld4G"to n4b an :o _—" `'del t�'!+-wvC*err: M&A Clerk 352 Untitled Page 418/20,9:20 AM FredC64 t-1.9me Frederick County Virginia L.,•r,u rm.T,_,r• Pay/Lookup Taxes Payment Horne Personal Property Real Estate Den Tags Pay Parking Violation Other Pavments ShoppingCart(0) Pin Options Change Email Read Estate Ticket detail Previous 2019 REAL ESTATE DepUPicket# RE2019188660002 Frequency 2 Supplement# 0 Name DAUGrHERTY RICHARD W Map# 22 A 19G Account# 8040276 Name 2 DAUGHERTY SUSAN E Bill Date 0411812019 Acreage 6.000 Address 348 PEEPER LN Due Date 12/05/2019 Improvements $523,200.00 WINCHESTER VA DesC LO T8 FROG HOLLOW ESTATES Land Value $98,500.00 6.00 ACRES Land Use $0.00 Zip 22603 2575 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11122/2019 Current Payment Status ()rkinal Bill Payments Principal Balance Uwe Penalty Interest Balance Due 51,896.18 ($1,896.181 $0.00 $0.00 $0.00 $0.00 Transaction HititorF' Date Type Transaction# Amount Balance 12!6/2019 Charge 0 $1.896.18 $1.996.18 1112112019 Principal Paid 29990 {$1,896.18) $0.110 Previous https:/lfctaxes.co.frederick.va.uslApplicationsiTR_PayTaxes/REDetail,aspx Page 1 of 1 353 4�GK CO�� W ORDINANCE y�acUi 17311 Action: PLANNING COMMISSION: August 19, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ORDINANCE CONDITIONAL USE PERMIT #09-20 RICHARD DAUGHERTY & SUSAN DAUGHERTY WHEREAS, CONDITIONAL USE PERMIT APPLICATION #09-20 was submitted by Richard Daugherty and Susan Daugherty to construct a commercial telecommunication facility consisting of a 100- foot telecommunication tower was considered. The property is located at348 Peeper Lane, Winchester, Virginia and is further identified with Property Identification Number 22-A-19G in the Gainesboro Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 9, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit 409-20 for a commercial telecommunication facility consisting of a 100-foot telecommunication tower on the parcel identified with Property Identification Number 22-A-19G is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a"tower easement" on the adjoining property identified by PIN# 22-A-19H for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19H,the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer,that the tower would collapse in a contained area around the tower with a radius equal to or 354 lesser than the setback,measured from the center line of the base of the wireless facility or wireless support structure per 165-204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. This ordinance shall be in effect on the date of adoption.Passed this 9t'day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes 430-20 355 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit #08-20 for Samuel H. Smith Jr. Attachments: BOS09-09-20CUP08-20SamuelSmithJrSpecialEventCenter.pdf 356 cod CONDITIONAL USE PERMIT #08-20 Aw �� Samuel H. Smith Jr. - Special Event Facility Staff Report for the Board of Supervisors w ' Prepared: August 27,2020 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/20 Recommended Approval Board of Supervisors: 09/09/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit(CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan,in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. 3. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by 11:00 p.m. 4. Special event may accommodate up to and not to exceed 250 persons. 5. One (1)monument style sign with a maximum sign area not to exceed 50 square feet(SF) and not to exceed 10 feet(FT)in height is permitted. 6. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 357 Page 2 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 LOCATION: The subject property is located at 1147 North Pifer Road (Route 600), Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69-A-28 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit(CUP)to enable the establishment of a special event facility. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review conducted for the Canaan Springs Entrance plan dated 26 May 2020. Based on the review of the submittal, the VDOT requirements are addressed and the Entrance Plan is approved by our office. Sight distance requirements will need to be verified at the end of construction. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • A Land Use Permit shall be obtained before any work is performed on the State's right- of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. 358 Page 3 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 Frederick County Inspections: • Buildings shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2015. Other Code that applies are the Virginia Energy Code, ICC/ANSI Al 17.1-09 Accessible and Usable Buildings and Facilities, Virginia Plumbing Code, and Virginia Mechanical Code. Design plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Occupant load and fire egress plans shall be indicated on sealed plans at time of submittal • Remodel of existing structure requires an asbestos inspection and possible asbestos abatement permits. • New assembly buildings shall meet height and area for the type of construction as allowed in Section 506. Multi-level buildings and facilities shall meet Section 1104.4 for an accessible route. Building shall comply with Section 903, Automatic Sprinkler System if required by design. All required egress shall meet ANSI A117.1-09 for slopes. 60% of all public entrances shall be accessible. Vestibule or air lock is required for entrances opening into a space exceeding 3,000 sq ft. Gazebo and storage building require a building permit. • Accessible parking shall be provided in accordance with T1106.1(1) of the IBC. Where building have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrance. A minimum of one van accessible parking and unloading is required. Max slope of accessible parking and unloading areas shall not exceed 2%. Signage for parking shall be provided as required per USBC 1106.8 Maximum 1/z" door threshold is allowed per ANSI A117.1-09. A detailed site plan is required to indicate the finished floor elevation(s) and accessible parking/unloading area, accessible route to main entrances, and elevations at fire exits. • Restroom quantities shall be determined by Assembly Use Group Use based on the occupant load. Public restrooms shall be provided and shall meet ANSI A117.1-09 for accessibility Health Department approval for the sanitation system is required. • Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester-Frederick County Health Department: I have reviewed your request and this office would have no objections to the use of your barn as an event venue provided it will be served by an approved onsite sewage disposal system designed to accommodate the maximum number of guest and employees estimated to attend any event along with an approved water 359 Page 4 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 source. If there is to be onsite food preparation, the onsite system must be designed to accommodate the additional effluent generated. Frederick County Fire Marshall: Approved. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for operating an on this property without an approved CUP. An approved CUP is one avenue to abate this violation. This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events (birthday parties, charity events, family reunions, etc.). A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines "special event facility" as a facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three consecutive days,for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on an existing 107+/- acre farm, which includes a single-family detached residence, open outdoor patio, with 2,400 square foot barn for weddings and other special events. The Applicant intends to host events for up to 250 persons. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and future permanent cooking facilities. The special event facility will be accessed via a private driveway from N. Pifer Road (Route 600). The property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Polices of Frederick County (Comprehensive Plan) identifies this area of the County as "rural" and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added "special event facilities" to the conditional use list for the County's Rural Areas Zoning District in 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. STAFF CONCLUSIONS FOR THE 08/19/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit(CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 360 Page 5 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. 3. Development of the property for special events facility may include: a. A 2,400 Sq. Ft. Barn for events. b. A maximum of four (4)pavilions/gazebos. c. A maximum of twelve (12) guest cabins. d. A gravel parking area for guest. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. One (1)monument style sign with a maximum sign area not to exceed 50 square feet(SF) and not to exceed 10 feet(FT)in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARYAND ACTION FOR THE 08/19/20 MEETING: Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request for a Conditional Use Permit (CUP) for a special event facility located at 1147 N. Pifer Road, Star Tannery and is located within the Back Creek Magisterial District. He continued, the property is zoned RA (Rural Areas) Zoning District with a residential/rural land use and surrounded by residential and vacant land uses. Mr. Cheran noted, the facility would be conducted on a 107- acre existing farm which includes a single-family detached residence, open outdoor patio and a 2,400 SF barn for weddings and other events. He shared a location map of the property. Mr. Cheran explained, this CUP has been applied for in response to a zoning violation for operating a special event facility on this property without an approved CUP. He continued, approval of a CUP by the Board of Supervisors is one avenue to abate this violation; this CUP would permit the establishment of a special event facility for private events such as weddings or other similar type events. Mr. Cheran reported, a special e vent facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines "special event facility" as a facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three consecutive days, for which attendance is 361 Page 6 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 permitted on by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings, and private parties. Mr. Cheran explained, in the future the Applicant is requesting to add (new construction) ten (10) to twelve (12) guest cabins to be used in conjunction with special events, and three (3) to four (4) pavilions/gazebos in conjunction with the special event facility; these additions shall be shown on the approved engineered site plan. He continued, the Applicant intends to host events for up to 250 persons and will provide a gravel parking area for guest; permanent restroom facilities will be installed, including a new septic system and drainfield. Mr. Cheran noted, any food preparation will be via catering companies, and future permanent cooking facilities. The special event facility will be accessed via a private driveway from N. Pifer Road (Route 600). Mr. Cheran shared the conditions of this CUP as recommended by Staff. 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment for a special events facility. 3. Development of the property for a special events facility may include: a. A 2,400 Sq. Ft. barn for events b. A maximum of four (4)pavilions/gazebos c. A maximum of twelve (12) guest cabins d. A gravel parking area for guests 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 sq. ft. and not to exceed 10 ft. in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Mr. Cheran noted, prior to tonight's meeting, the Applicant has requested the twelve (12) cabins be removed from the application process; therefore, Condition #2 will be removed also. Commissioner Marston requested clarification on what is being removed from the CUP. Mr. Cheran explained, the Applicant originally requested twelve (12) guest cabins which would require and engineered site plan; the Applicant has requested the cabins be removed from the application, thus causing Condition#2 to be removed as an engineered site plan will no longer be needed. Commissioner Morrison asked if the Applicant wants to build the cabins in the future what will the process be. Mr. Cheran noted, because they would be amending the CUP, they would have to go through the CUP process again. 362 Page 7 CUP 908-20, Samuel H. Smith, Jr. August 27, 2020 Mr. Samuel Smith Jr., the Applicant came forward and explained after talking with neighbors he would like to change the conclusion time for events to 11:00 p.m. rather than midnight. He also noted, he would prefer not to have a gravel parking area on his farm. Chairman Kenney asked if the intent of Mr. Smith is to have a sprawling complex on the farm. Mr. Smith responded, at this time they will wait until 3 to 5 years down the road and see where they are at then, and if it is successful. Commissioner Jewell asked if a new driveway is being put in and if so when. Mr. Smith explained that is correct; he has gotten a permit from VDOT and this will be complete hopefully soon. Commissioner Jewell asked where the driveway will be located and if the Applicant is willing to place trees to prevent headlights from shining into neighbors' homes. Mr. Smith stated yes, he will plant trees if necessary. Ms. Louise Garrett owns the property adjacent to the Applicant, she shared her concerns: light and noise pollution, traffic as the new entrance is next to her property, CUP is more permanent than the festival permit. She feels there should be a trial period to observe the impacts associated with this CUP. She is requesting a delay of the CUP for 60 — 90 days to determine if additional conditions may be needed to accommodate all involved. She stated she would like to continue to enjoy the quiet and peace of her family home. Commissioner Oates commented initially the guest cabins was a concern for him, however since that is removed, he is in favor of this CUP. Commissioner Jewell stated, this can certainly help the agriculture industry and feels it is a good way to hold onto the farmland. Chairman Kenney requested clarification on the mapping of where the driveway will be. Mr. Cheran identified the driveway on the location map. Mr. Smith noted, the driveway will run parallel to N. Pifer Road. Commissioner Thomas commented, he feels this is a good use and it will preserve agriculture; he noted the events are not held frequently. Upon motion made by Commissioner Jewell and seconded by Commissioner Marston and unanimously passed to recommend approval of CUP 908-20 for Samuel H. Smith, Jr. with the following changes: remove the twelve (12) cabins from the application; change the hours of operation to end at 11:00 p.m.; and remove Condition 92,requirement of an engineered site plan. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 363 CUP # 08 - 20: Samuel H. Smith, Jr. PIN: 69 - A - 28 Special Event Center Zoning Map BUSITY�RIDGE Subdivision ' P as C-UP#08-20 N FERRO DUCKRUN LN . .• WARDENSV\��E GR ��RRp BUSHY RIDGE DR N� �RyR� ��C' "• Star Tannery 55 SHENANDOAH << COUNTY 55 . .• 'f 90 i N Application � �\ Parcels \ WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 364 0 387.5 775 1,550 Feet Map Created:July 21,2020 CUP # 08 - 20: Samuel H. Smith, Jr. PIN: 69 - A - 28 Special Event Center Location Map BUSITY�RIDGE Subdivision ' P as C-UP#08-20 N FERRO DUCKRUN LN . .• WARDENSV\��E GR ��RRp BUSHY RIDGE DR N� �RyR� ,Y ��n "• 1^ Star Tannery 55 'fF ° SHENANDOAH << COUNTY N Application � �\ Parcels \ WE S C Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 365 0 387.5 775 1,550 Feet Map Created:July 21,2020 co d Submittal Deadline 7 X`{ P/C Meeting 19 19 BOS Meeting 1 --' APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant check one): Property Owner _ Other NAME: art v' F Is ADDRESS: S84,-7 - .IC Grade, 1A1 iyc,,dE,Sn�,IC V iR-6',,J(A 2z(00 TELEPHONE: -703 -792c?-5-46C) 2. Please list all owners, occupants, or parties in interest of the property: fYlr L 6Car`0 :9P C;;, G 5 LL-C... 3. The property is located at: (please give exact directions and include the route number of your road or street) F4-n.-AI °rr�C' s '�' e? 2 J 1 cx u 'J3 r`/ah+ on mAW(p, 1aAb 114-7 %z 4. The property has a road frontage of feet and a depth of feet and consists of 10'-7 acres. (Please be exact) 5. The property is owned by maA6,,-c SCJ r^r i"X1L L C, as evidenced by deed from 16,-t4vj 401 4 z'cl) (previous owner) recorded in deed book no. ?p1 4 on page lir- , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. b. Property Identification Number(PLN.) to d^ A - 23 Magisterial District Current Zoning 5 ti CO 7. Adjoining Property: USE ZONING North AAr1,C,i East ec South - Jfu"'a I West e-i)V-1-JJ 8. The type of use proposed is (consult with the Planning Dept. before completing): 9. It is proposed that the following buildings will be constructed: Q�Vcl Q6003f- FA4-u,-,tt- micki ,nR Styd 'i IF 4 ---)7rV 4-L't14> T nOi it(OA)-5 4D K" rA 0 O'c- nlbe� 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Nicolo '5W<'-er)QY t jJP('rt— 4n/ D Property# &q —A 05113 ST7-V,-_ 7^vrveky, V!a Name Property# &q 7,--,,, V e R 02�,54- Name 46, Property# &9—A — z (p 8MRA56j,014,, Vq Z SS Name 14eY1,-VA-, -4 4 5-in/a-FA v" e� Property# & 577�E -TAN(Vee-ti, Vrl 2zc,64 Name 01) (-k,ti M-t- /4P 4!9 -7-4,v(1keR� ,e C,> Property# FI-A 19 5—(/;wz 7A—/V/V4-'Z. ' V O-z-osl Name L—o c i G q—re-i- 'ry'q-3 /\) pjpz Property# S—(/,V2--17q/vWd% \/17' ZZ&-!54 Name Property# A -34 G,-rAp- `T�A P, rLe r- 1" 6 00 (D Name and Property Identification Number Address Name % e&v4 Cev Property# L?- ,4 8 -f AN A;ez V, Vq (6 54 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# CD (.0 CO 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 8 C) ti 12. Additional comments,, if any: Ide Q/-*-- looking �6 0-5�- lfvsA Ili (2 5 q,-) r-'Wt?'A IV kW c1V- ",It� L,jeU A�� 4 kf, led fixz Pic& IA,, zne-dyna anee,, ?,a 0-'r4�e ----------------------- A64 t)f�h4- -Q11 w4, (? I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 7 &S k&,-Lef Z Owners' Telephone No. 78 5 - TZ �G/0 0 TO BE COMPLETED BY ME ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ti co REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County inspections Department ,y�PGJN i s Mail to: Hand deliver to: f C�� l C Frederick County Inspections Department Frederick County Inspectionsep�ent b C D 107 North Kent Street, 2nd Floor Attn: Building Official n Winchester, Virginia 22601 107 North Kent Street, 2 d Floor OCT ;? 2019 (540) 665-5650 Winchester, Virginia Fredeack County Public Works& inspections Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. jl f� Applicant's Name:��»tr � ,zt , Telephone: 763--11 —,51 oo Mailing Address: j co'''-_s r�rr►cts21v�� Nape of development and/or description of the request: q S q/-j Location of Property: , e Building Official's Comments: Building Official's Signature&Date: Notice to Inspections Department- Please Return This Form to the Applicant ti C0 Buildings shall comply with The Virginia Uniform Statewide Building Code, and Section 303 - A,Assembly Use Group of the Virginia Building Code/2015. Other Code that applies are the Virginia Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities, Virginia Plumbing Code, and Virginia Mechanical Code. Design plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Occupant load and fire egress plans shall be indicated on sealed plans at time of submittal. Remodel of existing structure requires an asbestos inspection and possible asbestos abatement permits. New assembly building shall meet height and area for the type of construction as allowed in Section 506. Multi-level buildings and facilities shall meet Section 1104.4 for an accessible route. Building shall comply with Section 903,Automatic Sprinkler System if required by design. All required egress shall meet ANSI Al 17.1-09 for slopes. 60%of all public entrances shall be accessible. Vestibule or air lock is required for entrances opening into a space exceeding 3000 sq ft. Gazebo and storage building require a building permit Accessible parking shall be provided in accordance with T1106.1(1)of the 113C. Where buildings have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrance. A minimum of one van accessible parking and unloading is required. Max slope of accessible parking and unloading areas shall not exceed 2%. Signage for parking shall be provided as required per USBC 1106.8. Maximum Y2" door threshold is allowed per ANSI A 117.1-09 A detailed site plan is required to indicate the finished floor elevation(s)and accessible parking/unloading area, accessible route to main entrances, and elevations at fire exits. Restroom quantities shall be determined by Assembly Use Group Use based on the occupant load. Public restrooms shall be provided and shall meet ANSI Al 17.1-09 for accessibility Health Department approval for the sanitation system is required Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure.( Soils, concrete etc..). S:\Site Plan comments\2015\Assem CUP Event Center.doc co I,- co To:John Lewis<iclewis@painterlewis.com> Cc: Bradley Riggleman<bradleV.riggleman@vdot.vi[ginia. ov>; Donald Cummins <donaidS.cumminsll@vdot.virginia.gov> Subject:Canaan Springs Entrance Plan Mr. Lewis A VDOT review conducted for the Canaan Springs Entrance plan dated 26 May 2020. Based on the review of the Submittal, the VDOT requirements are addressed and the Entrance Plan is approved by our office. Sight distance requirements will need to be verified at the end of construction. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • A Land Use Permit shall be obtained before any work is performed on the State's right- of-way. The permit is issued by this office and may require application fees, the salary& expenses of a State assigned inspector, and surety bond coverage. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd A. Ingrain, Transportation Engineer Virginia Department of Transportation Edinburg Residency —Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax#(540) 984-5607 ---------------- °"ed1idi ,wamu FREk'couxm,�aclua LEGEND 'f}pintTn6YGeYe1 ' tmw6mw«.TwLarlteYMx�flgyn �" _ tD4{vx TEl:-]Sp � �tz wxrtxo uart aurt7w"a � [EOr„npl:CkflF �'� 1,bgNmaeskNtbitot]N':rMeMl �+]NWb U4+,>,,,,.w1]a0'#m' mh ]s«8.r6rum b purr M n epk .r.1eWx0.aeebat rew eMbMnx ale LYY IM vak mewa,nee«.,mnpu,At. R � �`.� �� *.6 av �dnewabmt.we bde� embda Amoy m�ombx�iAwNAaeso CV12'1xn � padaspeme.ebnW Tdb fnmeNNyre kY 4p. .gyp DS rt fMb,z Pt4. .amw�.yae�.ms.sw*k']rmx«.�wx.m,mwmm.. 'b Btu sPF/pry eR R600 VICINITY MAP . 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Ex.muwrz I -... � Pocca au s ° _ e:w�� m,„„ /owbPm: LIST OF DRAWINGS: ,]MY,ENNICE OF TMFliL LM--- im tmbci:w. wb SHEEi Z/Z: ENi1VNCE PRCFlIYAp h PIEOFItE NSTR pRo S 'xs. `5 � � v...,n..,ski rwum:.:tsw,seT-snx lM Np, Pw.ex.n �"»/ / ,xmsroer. mxne,a«nunm,m � """• �:�uoreee F..ecw.r.«.'rv..wen..n,w uaea rYan,e �� '.yj / xw n'A_w'n" ueeam,,aro""oo'tw 3w k.e,.xe.x mm.tm«mew,soe.o�.ro1 oekax,av,w.&:e«n:i°hex itmipl ««m SmIe n Feet ENTRANCE PAN ~ Ko �«�. 0''c JOf6!c eoevxexakwa-''� a-mk ( �'•`,�. \�..' .`` \ AfpHAY ..+«::�..^..«.m��."'.^'".".-`."".":'�"��.w�Y SITE ENTRANCE PLAN CANAAN SPRINGS BACK CREEK DISTRICT FREDERICK COUNTY,VIRGINIA MF SrR Rp APPROVALBLOCK tM No 8g q 2&r224c 1 I «•` •:�..`.."'«..°"`�«... ,.««.«.. �:ro::ro o.r.m�mroarm.w«.:m: o.e, PAINTER-LEWIS, P.L.C. 8,Z cbCar Creek GroEe,Suile In CONPACfEa SIIeCRM)E- L se !• / / __ M1�Aroeter. :V1go'eb 228(11 "w.mew"rar«,m.n ' ..u.wa«:�o�,awmwoww+r.+r:+abs`ia"�`i.«Y-wwr".aw"�e.ww«w,w, --- TMepxene(Sa0)862-3)02 RAVEL IIRiWl�WAY DAVG\1CRIT cF-nr,n. —.- --____�._— -.. w... .«..,.«......,......._....«,„w.„..«.k,,..,_..,...... t 7 ._ SU-30 VEHICLE FNT xmee 54A 662-SJ93 RAN PATH2oo,0,6 sHEEn xoT xo scuF eak„ororie.eem CONSULTING _ ue]22,.20 1/2 ENGINEER$ 374 --------- -- I CUT BACK EXISTING VEGETATION AS REQUIRED TOn I ACHIEVE LANE OF SIGHT .� i 7 y 1 ` ♦ UHE N Iq Scimle I.FW O w i I { ETARMiCE—HIT DISTANCE h'ROFR.EE a acass: UN � P08TED 8PEE0 UHR Ai ENIRM10Em'v5 NPx -_ __ ..__...— I SIC!?DIStANCE 0.REOUIRED�850•— — - ENTRANCE PRIM F_— u tuxc a'ntxt -- _ I I M)�•-ePA' V _ � MI•-s.a Rn — 920 «7�g — 22D 813 978 —._ _ -— - i Awnn_- ` -.-993 �z 910 P IF- - — 1o+00 TT+oo .00 -&.00-..5+00....8406 7+6D_. 375 ti co r;i � irfax Health District _ � Frederick/Winchester Environmental Health VIRGINIA . . 107 North Kent Street- Suite#201 VDI D[ ART84IN1 FAIRA: Winchester, Virginia 22601 Of HEAtl'H Tel. (540) 722-3480 Fax(540) 722-3479 t�t(Vip;f4uai } �erE�i it h.C{� �.vdh.vir ig nia.gov October 9, 2019 Samuel H. Smith, Jr. 5867 Cedar Creek Grade Winchester, VA 22602 RE: Request for Comments for a Conditional Use Permit to use an existing barn as an event venue at 1147 N Pifer Rd. Star Tannery, VA 22654 (Frederick County Tax Map# 69-A-28). Dear Mr. Smith, I have reviewed your request and this office would have no objections to the use of your barn as an event venue provided it will be served by an approved onsite sewage disposal system designed to accommodate the maximum number of guest and employees estimated to attend any event along with an approved water source. If there is to be onsite food preparation, the onsite system must be designed to acccomodate the additional effluent generated. Please contact our office to discuss further if a kitchen is to be included in your plan. If you have any questions, contact me at 540.722.3480. ter. Sincerely;"` i i e Jim vM' HS Environmental Health Supervisor ti RECEIVED OCT - 7 2019 co c REQUEST FOR CONDITIONAL USE PERMIT COMMENT Frederick County Fire Marshal Mail to: Mand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1 800 Coverstone:Drive Attn:Fire Marshal Winchester, Virginia.22602 Public Safety Building (540) 655-6350 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: - Telephone: Mailing Address: w , C Name of development and/or description of the request: el* Er_,./ 1)_ Location of Property: Fire Marshal's Comments: 3 I Fire Marshal's Signature&Date: ��' �.! j Notice to Fire Marshal- Please Return This Form to the Applicant 11 00 ti C7 Frederick County 4�rx cq� y Department pfFire and Rescue Office of the Fare Marshal 1080 Coversrone Ci'rr'us Wi iehester, VA 22602 (540)665-6350 Far. (540) 678-4739 Emaihfwv@JcvaIus Plan Review 8X- Commlents Date Received Date Reviewed 10/7/2019 10/3112019 Plan/Permit Type Conditional Use Permit 10-07-19 Name Samuel H.Smith,Jr. Address 1147 N Pffer RD Star Tannery VA 22658 Project Name Event Center Applicant Name&Number Samuel H.Smith,Jr..703-929-5100 RE# Permit Number Emergency Vehicle Access: Adequate Inadequate llA Hydrant Location: Adequate Inadequate J'/A Siamese Location: Adequate Inadequate /A Fire Lanes Required: Yes No A Plan Approval Status Approve Comments CUP Approved provided that the following are met: *A site plan be submitted for review and approval *The barn meets Frederick County Fire Prevention code unless agricultural exemption has been granted by the Frederick County Building Official Signature: 4� 9- — Reviewed By: Kenneth Scott Jr. Title: U) r— co HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION T Frederick County 107 North Kent Street, Suite 202 Winchester,Virginia 22601 MEETING DATE Telephone: (540)665-5651 Fax-,.(540)665-6395 — DATE STAMP ADDRESS olu"n"d-j— rx PROPERTY OWNERS NAME: inret£'f ,raj y TELEPHONE W�N _P- TELE� PROPERTY OWNERS ADDRESS: UMBER: A0 3 C A C IT H RCHITECTUDE'r-r—j-": PHONE NUMBER: Description of Application: Please describe briefly the request of the application: (rezoning,master development plan, conditional use en-nit . P1'ease be snoinfly, e C, C , This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. Copy of required application as described in 1.1 (1-1 1-1.1.4) Description of proposed development or construction project, including proposed uses and general timeframe for development(1.2) Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) Photographs(color)of all historic resources on the property(1.4) PROPERTY IDENTIFICATION NUMBER(PIN): Name of A licant: '-V -eyec ,meq Tele phone Number rle� C�d R4,q Address: Street 59'6'7 4-' 6�-v4- City vow-r'Ve"gjl� tate VQ Zi CodeZZ4�qa Si nature: I " !�e' e �- Print Name: 14 51, 'ry aDate: Please note that the applic t or his/her appointed representative must be present at the meeting. ^� C) 00 C10 COUNTY of FREDERJCK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 October 31, 2019 Mr. Samuel Smith, Jr. 5867 Cedar Creek Grade Winchester, Virginia 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Special Events Facility—Conditional Use Permit Application 1147 N Pifer Road, Star Tannery Property Identification Number (PIN): 69-A-28 Current Zoning District: RA (Rural Area) Dear Mr. Smith: Upon review of the proposed Conditional Use Permit Application,it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the application by the HRAB. According to the Rural Landmarks Survey, there are no potentially significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins,AICD, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 & Winchester, Virginia 22601-5000 4�GK CO�� W ORDINANCE y�acUi 17311 Action: PLANNING COMMISSION: August 19, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ORDINANCE CONDITIONAL USE PERMIT 408-20 SAMUEL H. SMITH,JR. WHEREAS, CONDITIONAL USE PERMIT APPLICATION #08-20 was submitted by Samuel H. Smith Jr.,to allow for the operation of a Special Event Facility was considered. The property is located at 1147 North Pifer Road (Route 600), Star Tannery, Virginia and is further identified with Property Identification Number 69-A-28 in the Back Creek Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit 408-20 to allow for the operation of a special event facility on the parcel identified with Property Identification Number 69-A-28 is approved with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance,shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. 3. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by 11:00 p.m. 4. Special event may accommodate up to and not to exceed 250 persons. 5. One(1)monument style sign with a maximum sign area not to exceed 50 square feet(SF)and not to exceed 10 feet(FT)in height is permitted. 6. Any expansion or modification of this use will require the approval of a new CUP. 381 This ordinance shall be in effect on the date of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #27-20 382 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 9, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: 2020-2025 Agricultural and Forestal District Update — Attachments: BOS09-09-20Ag_Forestal District.pdf 383 CO W ' �e COUNTY of FREDERICK Department of Planning and Development 540/665-5651 "58 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R Cheran, Zoning Administrator RE: Public Hearing: 2020-2025 Agricultural and Forestal Districts Renewal and Additions DATE: August 28, 2020 This is a public hearing for the five-year 2020-2025 update for the County's Agricultural and Forestal Districts as well as the proposed creation of two new districts. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed and by the local government every five years after establishment and requires review and approval of proposed new districts. Furthermore, the Code of Vir ig nia requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of Section 15.2-433. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. In working with members of the community and the Extension Services, Staff has circulated forms for the renewal of, additions to and deletions from, the Agricultural and Forestal Districts to the property owners. These forms are important aspects of the Agricultural and Forestal District Program; the program is voluntary, enabling property owners the right to participate should they be interested. The proposed renewals and new districts are as follows: isting District 2015-2020 Acreage 2020-2025 Acreage Total Parcels District Albin 1014.00 1014.00 14 Gainesboro Apple Pie 889.00 889.00 34 ST/GB Double Church 889.85 954.90 24 Opequon Green Spring 385.63 385.63 2 Gainesboro Red Bud 1,007.34 1,147.20 60 Stonewall South Frederick 5,764.21 6,694.42 153 Back Creek South Timber Ridge 981.08 981.08 17 Gainesboro Back Mountain - 489.91 1 Back Creek Reliance - 203.00 5 Opequon 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 384 2020-2025 Agricultural and Forestal Districts August 26, 2020 Page 2 The Agricultural District Advisory Committee (ADAC) met on June 25, 2020, and unanimously recommended the creation of the two new districts and the renewal of the seven existing districts. The Planning Commission held a public hearing on August 5, 2020. There were no public comments and the Commission unanimously recommended approval of the updated seven existing districts and the creation of the two new districts. The following items are included in your agenda: 1) Update of the 2020-2025 Albin, Apple Pie Ridge, Double Church, Green Spring, Red Bud, South Frederick, South Timber Ridge Agricultural and Forestal District. 2) Creation of the Back Mountain Agricultural and Forestal District. 3) Creation of the Reliance Agricultural and Forestal District. Please contact Staff if you have questions or need additional information. 385 CO 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE ALBIN DISTRICT UPDATE q � a Staff Report for the Board of Supervisors w Prepared: August 27,2020 �'738w Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Albin Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 1014.00+/- acres. It is generally located west of Route 37, and North and South of Route 522, near the Albin Rural Community Center. The proposed 2020-2025 District would contain 1014.00+/- acres which is consistent with its last renewal. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the Albin Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The Albin Agricultural and Forestal District during the last renewal consisted of 1,014.00+/- acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once renewed the 2020-2025 Albin Agricultural and Forestal District will consist of 1,014.00+/- acres and will be valid until August 12, 2025. Ultimately,the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 1,014.00+/-acre 2020-2025 Albin Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 1,014.00+/-acre 2020-2025 Albin Agricultural and Forestal District at their meeting on August 5,2020. 386 Page 2 Albin Agricultural and Forestal District Renewal August 27, 2020 Following a public hearing, Board of Supervisors action on this application would be appropriate. REVIEW EVALUATIONS: LOCATION AND SIZE: The District is located in the Gainesboro Magisterial District. The District currently contains 1,014.00+/- acres. This District is generally located west of Route 37, and North and South of Route 522, near the Albin Rural Community Center. The proposed 2020- 2025 District would contain 1,014.00+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 90 percent agriculture (livestock, orchards, and crop harvest) and 10 percent open space/woodlands. The land within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The District is located within the limits of the Route 37 West Land Use Plan of the Comprehensive Plan. The Route 37 West Land Use Plan identified a study area which encompassed 645-acres bounded by Route 522 to the north, Route 37 to the east and the Round Hill Community Land Use Plan bound to the south. The Plan identified 120 acres of that study area for potential business uses and the remaining 525-acres within the study area was proposed to remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the District for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Abrams Creek drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from broad rolling hills to the west and, gently rolling hills to the north and east. This District lies within the Abrams Creek watershed and water is available from ponds, wells and springs. Most of the area within the District is in pasture, orchards, livestock, and few areas are woodland. 387 Page 3 Albin Agricultural and Forestal District Renewal August 27, 2020 PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. 388 2020-2025 Albin Agricultural & Forestal District GOLDS HILL RD GLEND O BBLN RD 522 Al J !10 ❑ rY.RD o 522 0 i D � � 37 O v ~ v _ 37 522 Winchester O Winchester �0'�P 37 Q Qo P�.rpt'Jp N- 50 50 ' Future Route 37 Bypass PIN Owner Acres Albin 41 A 170 FRUIT HILL ORCHARD INC 274.16 Parcels 42 A 61 FRUIT HILL ORCHARD INC 2.50 42 A 62 FRUIT HILL ORCHARD INC 199.14 42 A 180 FRUIT HILL ORCHARD INC 105.26 42 A 190 FRUIT HILL ORCHARD INC 7.88 42 A 191 FRUIT HILL ORCHARD INC 16.78 42 A 192 FRUIT HILL ORCHARD INC 1.04 42 A 193 FRUIT HILL ORCHARD INC 6.22 52 A 48 FRUIT HILL ORCHARD INC 24.50 52 A 49 FRUIT HILL ORCHARD INC 8.50 53 A 1 FRUIT HILL ORCHARD INC 92.85 53 A 2 FRUIT HILL ORCHARD INC 145.93 53 A 3 IFRUITHILL ORCHARD INC 8.34 53 A 69 IFRUIT HILL ORCHARD INC 120.90 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.275 0.55 1.1 389 Map Created:June 16,2020 4�GK co�� w RENEWAL w y�RWA, uae Action: PLANNING COMMISSION: August 5, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 APPROVED DENIED 2020-2025 RENEWAL OF THE ALBIN AGRICULTURAL & FORESTAL DISTRICT WHEREAS,the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural & Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Albin Agricultural& Forestal District was updated and considered. The renewed District will contain 1,014.00+/-acres. The properties are located across North Frederick Pike (Route 522)to the north, Route 37 to the east, and Poorhouse Road(Route 664)to the west,and are identified by Property Identification Numbers 41-A-170,42-A-61,42-A-62,42-A- 180,42-A-190,42-A-191,42-A-192,42-A-193,52-A-48,52-A-49,53-A-1,53-A-2,53-A-3,53-A- 69 3-A-2,53-A-3,53-A- 69 in the Gainesboro Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Albin Agricultural & Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing on the renewal of the 2020-2025 Albin Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Albin Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Albin Agricultural&Forestal District containing 1,014.00+/-acres in the Gainesboro Magisterial District, with an expiration date of September 9, 2025. The Agricultural& Forestal District is as described on the attached map and the attached property owners table. This ordinance shall be in effect on the day of adoption. 390 Passed this 9th day of September 9, 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. #33-20 391 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE 4tic�` C° APPLE PIE RIDGE DISTRICT UPDATE qw Staff Report for the Planning Commission w ? Prepared: August 27,2020 ® Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Apple Pie Ridge Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Stonewall District and currently contains 889.00+/- acres. It is generally located along Payne Road (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Pie Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the south. The proposed 2020-2025 District would contain 889.00+/- acres which is consistent with its last renewal. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the Apple Pie Ridge Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended,requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The Apple Pie Ridge Agricultural and Forestal District was established in 2010 and subsequently updated in 2015. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once renewed the 2020-2025 Apple Pie Ridge Agricultural and Forestal District will consist of 889.00+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 889.00+/-acre 2020-2025 Apple Pie Ridge Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission recommended approval of the 889.00+/-acre 2020-2025 Apple Pie Ridge Agricultural and Forestal District at their meeting on August 5,2020. Following a public hearing, Board of Supervisors action on this application would be appropriate. 392 Page 2 Apple Pie Ridge Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Stonewall District and currently contains 889.00+/- acres within 34 parcels (one property owner). It is generally located along Payne Road (Route 663)to the north,Welltown Road (Route 661)to the east,Apple Pie Ridge Road (Route 739)to the west, and Glendobbin Road (Route 673) to the south. The proposed 2020-2025 District would contain 889.00+/- acres which is consistent with its last renewal. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 90 percent agricultural (livestock,orchards, and crop harvest) and 10 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The location of this District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any land use plan or study by the County. It is noted that the Stonewall Industrial Park is located on the south boundary of this District. The area of the County where this District is located is intended to remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of the UDA. The Apple Pie Ridge Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal District Act. The Eastern Frederick County Road Plan is the major transportation component of the Comprehensive Plan. This road plan identifies the future transportation needs within Frederick County. A major component of this road plan is Route 37,which will provide direct limited east to west access around the City of Winchester. This proposed roadway will need, at a minimum, a 350-foot right-of-way. Staff would note that parcel 43-A-I I has previously been included in the District, the ADAC should be aware that a portion of this property lies within the right-of-way for future Route 37. LAKES/PONDS/STREAMS: The District lies primarily within the Hiatt Run drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from rolling hills to ridges to the north and west and flat and gentle rolling hills to the south and east. This District lies within the Hiatt Run watershed and water is available from ponds,wells and spring. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. 393 2020-2025 Apple Pie Ridge Agricultural & Forestal District yigrrRo � �a� 0 0 z 3 4v Q V/EW WESTIN ctfARVIEW DR E� Stio f BABES �Rfsr RUN LN Z W O sc 6 3 Or 2 O J �i Future Route 37 Bypass Apple Pie Ridge Parcels PIN Owner Acres PIN Owner Acres PIN Owner Acres 43 1 Al BE CON INC 29.30 31 A 180 KSS LC 70.0043 123 11 KSS LC 5.00 43 1 A2 BE CON INC 3.5042 A 356 KSS LC 303.81 43 123 12 KSS LC 5.00 43 1 131 BE CON INC 16.5642 A 357 KSS LC 23.0443 123 13 KSS LC 5.00 43 A 4 BE CON INC 127.00 43 114 1 KSS LC 5.5143 123 14 KSS LC 5.12 43 A 10A BE CON INC 53.43 43 114 2 KSS LC 5.0043 123 15 KSS LC 5.00 43 A 11 DTS LC 84.5043 114 3 KSS LC 5.0043 123 16 KSS LC 5.33 43 A 12 DTS LC 4.0043 114 4 KSS LC 5.0043 123 17 KSS LC 5.05 43 A 13 DTS LC 8.0043 114 5 KSS LC 5.8643 123 18 KSS LC 5.00 43 A 14 DTS LC 9.6643 114 6 KSS LC 5.25 43 A 69 DTS LC 5.0043 123 7 KSS LC 5.01 43 A 70 DTS LC 57.6643 123 8 KSS LC 5.00 31 A 170 KSS LC 0.3443 123 9 KSS LC 5.00 31 A 171 KSS LC 1.0743 123 10 KSS LC 5.00 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.175 0.35 0.7 N 394 Map Created:June 16,2020 4lGK , COQ RENEWAL Action: W - � w PLANNING COMMISSION: August 5, 2020 -Recommended Approval tiBOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ ya4�ni 173" DENIED 2020-2025 RENEWAL OF THE APPLE PIE RIDGE AGRICULTURAL & FORESTAL DISTRICT WHEREAS,the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2020-2025 renewal of the Apple Pie Ridge Agricultural & Forestal District was updated and considered. The renewed District will contain 889.00+/- acres. The properties are located across Payne Road (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the south, and are identified by Property Identification Numbers 31-A-170,31-A-171,31-A-180,42-A-356,42-A-357,43-A-4,43- A-11, 0,42-A-356,42-A-357,43-A-4,43- A-11,43-A-12,43-A-1 3,43-A-14,43-A-69,43-A-70,43-A-10A,43-A-Al,43-1-A2,43-1-B1,43- 11-4-1,43-11-4-2,43-11-4-3,43-11-4-4,43-11-4-5,43-11-4-6,43-12-3-7,43-12-3-8,43-12-3-9,43- 12-3-10,43-12-3-11,43-12-3-12,43-12-3-13,43-12-3-14,43-12-3-15,43-12-3-16,43-12-3-17,43- 12-3-18 in the Stonewall Magisterial Districts. This application was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25, 200 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the2020-2025 Apple Pie Ridge Agricultural&Forestal District on August 5,2020; and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Apple Pie Ridge Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Apple Pie Ridge Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Apple Pie Ridge Agricultural&Forestal District of 889.00+/-acres in the Stonewall Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map dated June 16, 2020 and the attached property owners table. 395 This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 934-20 396 CO2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE DOUBLE CHURCH DISTRICT w Staff Report for the Board of Supervisors Prepared: August 27,2020 PM Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Double Church Agricultural and Forestal District. LOCATION AND SIZE: This District located in the Opequon Magisterial District and is generally located along Double Church Road (Route 641), Canterburg Road (Route 636), Grim Road (Route 640), and Wise Mill Lane (Route 737). The District currently contains 889.85+/- acres and would be increased to 954.90+/- acres with this update. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the Double Church Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The Double Church Agricultural and Forestal District during the last renewal consisted of 889.85+/- acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. With this renewal, the 2020-2025 Double Church Agricultural and Forestal District will consist of 24 parcels that total 954.90+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 2020-2025 Double Church Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 2020-2025 Double Church Agricultural and Forestal District at their meeting on August 5,2020. Following a public hearing, Board of Supervisors action on this application would be appropriate. 397 Page 2 Double Church Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District located in the Opequon Magisterial District and is generally located along Double Church Road (Route 641), Canterburg Road (Route 636), Grim Road (Route 640), and Wise Mill Lane (Route 737). The District currently contains 889.85+/- acres. With this renewal, the 2020-2025 Double Church Agricultural and Forestal District will consist of 24 parcels that total 954.90+/- acres and will be valid until August 12, 2025. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 75 percent livestock and cultivation of hay and 25 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The Plan identifies this District as an area that is outside the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The District will be impacted by future transportation improvements as noted within the Route 277 Land Use Plan approved by the Board of Supervisors. The parcels in this District have no land use designation, which indicates the area should remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Comprehensive Plan supports the additions and renewal of the Districts, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Stephens Run drainage area. The District will assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from a broad rolling valley to flat lands, and water is available from ponds, wells and springs. Most of the soils are suited to a wide variety of farms uses. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL: The prime agricultural soil located within the District is Blairton. 398 1 1 1 � • • - ARE II . Stephens City ILI :I,♦1�I/, .j/i�I�♦♦♦♦..urs ' ®..♦ ' �`, 81 1 .I WOMAZURTM �•ITENOUR FARM LLC RITENOUR FARM LLC �• . r. ®. 4lGK , CORENEWAL Action: w PLANNING COMMISSION: August 5, 2020 -Recommended Approval ytia4ni 13 BOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ DENIED 2020-2025 RENEWAL OF THE DOUBLE CHURCH AGRICULTURAL & FORESTAL DISTRICT WHEREAS,the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural & Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Double Church Agricultural & Forestal District was updated and considered.The renewed District will contain 954.9+/-acres. This District is located in the Opequon Magisterial District and are identified by Property Identification Numbers 86-A-245,86-A-71,86-A- 38, 86-A-35,86-A-230,86-A-231,86-A-27,85-A-125, 85-A-130,85-A-131,85-A-132,85-A-139A, 85-A-139, 86-A-71B, 85-A-13 IA, 86-A-25, 86-A-25A, 86-A-33, 86-A-35A, 86-A-70, 86-A-72B, 86-A-230A, 86-A-230D and 86-A-42 in the Opequon Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this Districtrenewal at their meeting on June 25, 2020, and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Double Church Agricultural & Forestal District on August 5, 2020; and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Double Church Agricultural & Forestal District on September 9, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the renewal of this 2020-2025 Double Church Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Double Church Agricultural & Forestal District containing 954.9+/-acres in the Opequon Magisterial District, with an expiration date of September 9, 2025. The Agricultural & Forestal District is as described on the attached map and the attached property owners table. 400 This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 935-20 401 lG� ` CO 4 y 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE Aw GREEN SPRING UPDATE h Staff Report for the Planning Commission w Prepared: August 27,2020 tiP4L1/� 118 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Green Spring Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 385.63+/- acres within two (2) parcels managed by two (2) property owners. It is generally located along Glaize Orchard Road (Route 682) to the south and Green Spring Road (Route 671) to the east. The proposed 2020-2025 District would contain 385.63+/- acres which is consistent with its last renewal. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Board of Supervisors to update and renew the Green Spring Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Vir ig nia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The Green Spring Agricultural and Forestal District during the last renewal consisted of 385.63+/- acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once renewed the 2020-2025 Green Spring Agricultural and Forestal District will consist of 385.63+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 385.63+/-acre 2020-2025 Green Spring Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 385.63+/-acre 2020-2025 Green Spring Agricultural and Forestal District at their meeting on August 5,2020. Following a public hearing, Board of Supervisors action on this application would be appropriate. 402 Page 2 Green Spring Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 385.63+/- acres within two (2) parcels managed by two (2) property owners. It is generally located along Glaize Orchard Road (Route 682) to the south and Green Spring Road (Route 671) to the east. The proposed 2020-2025 District would contain 385.63+/- acres which is consistent with its last renewal. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operation in the District are 40 percent agriculture (livestock, and crop harvesting) and 60 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are vacant and woodland. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick Count provides guidance when considering land use actions. The location of this proposed District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area(SWSA) and is not part of any land use plan or study by the County. The land use within this District of 385.63+/- acres is vacant. This current land use should remain in its present land use of pristine condition with land use of vacant and woodland. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan Supports the renewal of the District for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies within the Green Springs and Babbs Run drainage areas. These two bodies of water are tributaries to Back Creek. This District will further assist with managing the quality of County's water resources. TOPOGRAPHY: The District generally varies from rolling hills to ridges to the south,west, and north. Flat and gentle rolling hills are to the east. This District lies within the Green Springs and Babbs Run drainage area and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within District is Weikert-Gainesboro-Berks. 403 2020-2025 Green Spring Agricultural & Forestal District z 0 C 0 N W _J Q tl �F yo !e 0� FO � (7 z N Z s LU- CK �y (7 EVEN►NC,,IN x c Z Z O W v o Trn z OIts DR Y2 �O GLAIZE ORCHARD RD 46111111110 Green Spring Parcels PIN Owner Acres 21 A 36 DEHAVEN, CHARLES STUART JR 168.02 21 A 25 ZUCKERMAN, STANLEY C&SANDRA E 217.61 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.15 0.3 0.6 Mi 404 Map Created:June 16,2020 4lGK , CORENEWAL Action: w PLANNING COMMISSION: August 5, 2020 -Recommended Approval ytia4ni 13 BOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ DENIED 2020-2025 RENEWAL OF THE GREEN SPRING AGRICULTURAL & FORESTAL DISTRICT WHEREAS,the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural & Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Green Spring Agricultural & Forestal District was updated and considered. The renewed District will contain 385.63+/- acres. The properties are located along Glaize Orchard Road (Route 682)to the south and Green Spring Road(Route 671)to the east and are identified by Property Identification Numbers 21-A-25 and 21-A-36 in the Gainesboro Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Green Spring Agricultural & Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Green Spring Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Green Spring Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews 2020-2025 Green Spring Agricultural& Forestal District containing 385.63+/-acres in the Gainesboro Magisterial District, with an expiration date of September 9, 2025. The Agricultural& Forestal District is as described on the attached map dated June 16, 2020 and the attached property owners table. 405 This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber Robert W. Wells Gene E. Fisher J. Douglas McCarthy Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 936-20 406 CO 2020-2025 AGRICULTURAL &FORESTAL DISTRICT UPDATE RED BUD DISTRICT w Staff Supervisors Report for the Board of P w Prepared: August 27,2020 w 1 Staff Contact: Mark R. Cheran,Zoning Administrator 738 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Red Bud Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Stonewall Magisterial District and currently contains 1,007.34+/- acres. The District is generally located along Red Bud Road. With this renewal,five parcels have requested to be removed from the District, totaling 44.85+/- acres. Eighteen parcels have requested to be added to the District, totaling 184.71 +/- acres. The total acreage of the District after considering additions and subtraction would be increased from 1,007.34+/- acres to 1,147.20+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the Red Bud Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The Red Bud Agricultural and Forestal District during the last renewal consisted of 1,007.34+/-acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. With this update the acreage will be increased by 139.86 acres; five parcels are being removed and eighteen added. Once renewed the 2020-2025 Red Bud Agricultural and Forestal District will consist of 60 parcels that total 1,147.20+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC)unanimously recommended approval of the 2020-2025 Red Bud Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 2020-2025 Red Bud Agricultural and Forestal District at their meeting on August 5,2020. Following a public hearing,Board of Supervisors action on this application would be appropriate. 407 Page 2 Red Bud Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Stonewall Magisterial District and currently contains 1,007.34+/- acres. The District is generally located along Red Bud Road. With this renewal, rive parcels have requested to be removed from the District, totaling 44.85+/- acres. Eighteen parcels have requested to be added to the District, totaling 184.71 +/- acres. The total acreage of the District after considering additions and subtraction would be increased from 1,007.34+/- acres to 1,147.20+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The predominantly agricultural operations in the District are 75 percent agriculture (livestock, horses, and crop harvest) and 25 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The District lies in an area that is outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The area is located within the limits of the Northeastern Land Use Plan. Approximately half of the District is designated as a Developmentally Sensitive Area in the Northeast Land Use Plan. The remaining parcels have no land use designation,which indicates the area should remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Plan supports the addition/renewal of the Districts, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations,while providing reserve of agricultural land through 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Redbud Run drainage area, and partially within the Hiatt Run drainage area. The District will assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from a broad rolling valley to the west of Devils Backbone, to very steep forested land on the eastern parcels and along Redbud Run. This District is within the Redbud Run watershed and water is available from ponds, wells and springs. Most of the soils, with the exception of those on the steeper slopes, are suited to a wide variety of farm uses. These steeper slopes are mostly forested and are heavily wooded. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL: There is a limited amount of prime agricultural soils located within the District,which are Blairton, Carbo,Frederick, Guernesy and Massanetta. 408 � , �. IV� �� fig;,,,,_ �� It►. 1 ��' Lam.A NONE NIP 411 g 10 INA 455 41, FA f low El ki A Ar Wool!I ♦ ' •�,••. _i �•,' •♦• o�.;',`,;%``_o�p•_�••�� '� ��r., � ,;....rrrrrr,ll,,• �7111..- Ala •.��♦O moi..''%r ��io°�`�./��i�'�, '''%�/r ••:'. o`o��:•r".� • r S*IIII. .. 7.7 / • 11 1 qCOUNTY ��p�� i►""=��='`��:` '?�•✓..� riiu a :::._ al. • • •• VIRGINIA r.� • rr �� MEM ® ®� - rr 4lGK , CORENEWAL Action: w PLANNING COMMISSION: August 5, 2020 - Recommended Approval ytia4ni 13 BOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ DENIED 2020-2025 RENEWAL OF THE RED BUD AGRICULTURAL & FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural & Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Red Bud Agricultural&Forestal District was updated and considered. The renewed District will contain 1,147.2+/-acres. The properties are located along Red Bud Road and are identified by Property Identification Numbers 43-A-154,43-A-155,43-A-159, 43-A-159A, 44-A-28A,44-A-28C,44-A-28D,44-A-28G,44D-2-6,54-A-1,54-A-IB,54-A-IC, 54-A-86,54-A- 87, 54-A-88,54-A-89C, 54-A-90,54-A-99F,54-A-99P,54-A-99Q, 54-A-99R, 54-A-99S,55-A-3, 55-A-4,55-A-5,55-A-5A,55-A-5B,55-A-5C,55-A-51),55-A-6,55-A-7,55-A-7A,55-A-7B,55-A- 7C,55-A-71),55-A-7E,55-A-8,55-A-12,55-A-12A,55-A-18,55-A-19,55-A-20,55-A-21,55-A- 109B, 55-A-115, 55-A-117, 55-A-138, 55-A-139, 55-A-129A, 55-A-151, 55-A-15IA, 55-A-152, 55-A-177, 55-A-178, 55-A-178A, 55-A-179, 55-A-181A, 55-A-181B, and 56-A-18A in the Stonewall Magisterial District. WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this district renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 South Timber Ridge Agricultural&Forestal District on August 5,2020; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 South Timber Ridge Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 South Timber Ridge Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Red Bud Agricultural & Forestal District containing 1,1472+/-acres in the Stonewall Magisterial District, with an expiration date of September 9, 2025. The Agricultural& Forestal District is as described on the attached map and the attached property owner table. 410 This ordinance shall be in effect on the day of adoption. Passed this 9th day of August 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 437-20 411 CO 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE SOUTH FREDERICK DISTRICT w Staff Report for the Board of Supervisors a Prepared: August 27,2020 w © Staff Contact: Mark R. CheranJ Zoning Administrator tiVP4f:V ]38 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update/renew the 2020-2025 S.Frederick Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Back Creek Magisterial District and currently contains 5,764.21+/- acres. It is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road (Route 625). With this renewal, 13 parcels have requested to be removed from the District,totaling 1,016.32+/- acres. Thirty-six parcels have requested to be added to the District,totaling 930.21+/- acres. The total acreage of the District after considering additions and subtraction would be increased from 5,764.21+/-acres to 6,694.42+/-acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS COMMISSION MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the South Frederick Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The South Frederick Agricultural and Forestal District during the last renewal consisted of 5,764.21+/-acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once renewed the 2020-2025 South Frederick Agricultural and Forestal District will consist of 153 parcels that total 6,694.42+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 2020-2025 South Frederick Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 2020-2025 South Frederick Agricultural and Forestal District at their meeting on September 5,2020. Following a public hearing, Board of .Supervisors action on this application would be appropriate. 412 Page 2 South Frederick Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Back Creek Magisterial District and currently contains 5,764.21+/- acres. It is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 63 1) and Hites Road (Route 625). With this renewal, 13 parcels have requested to be removed from the District,totaling 1,016.32+/- acres. Thirty-six parcels have requested to be added to the District,totaling 930.21+/- acres. The total acreage of the District after considering additions and subtraction would be increased from 5,764.21+/-acres to 6,694.42+/-acres AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operation in the District are 90 percent agriculture (orchard, and crop harvesting)and 10 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The District is outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any land use plan or study by the County. The current land use should remain in its present land use with orchards, agricultural, and residential. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan Supports the renewal of the District for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations,while providing a reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Opequon Creek and Stephens Run drainage area. The District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from rolling hills to ridges to the north,west, south and east. This District lies within Opequon Creek watershed and water is available from ponds,wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. 413 1 1 1 • — • — ♦ �� , k NE Ad 46� IR Swi ,O ♦ , MiAcIlm -AM, •n�ulll//iii..=l��u nl��I'� "' •.�:,n,,,�_% zo— w�� ,. • ,� � •. '-;,.� X111 '��•• � �•, jjllq — -. — ramum-mcom.7-jam = MME., ��.. • TNT .. .:: 2020-2025 South Frederick Agricultural & Forestal District 7r lq GRO VF R� Q Stephens City n - A MAR�B� RD C)� 70 M M A M`DD`E RD 8 O SHENANDOAH COUNTY VIRGINIA 11 11 • Existing South Frederick South Frederick Additions O Parcels PIN Owner Acres PIN Owner Acres PIN Owner Acres *Additions 73 A 29 ANDERSON,PAUL G,JR&MARY EDNA 41.3884 A 53C MCDONALD,JASON S&JENN I FERA 16.5172 A 3 RIDINGS,LVERNON,RESIDUALTRUST 33.50 PIN Owner Acres 73 A 100 ANDERSON,PAUL G,JR&MARY EDNA 100.0084 A 53D MCDONALD,JASON SCOTT&JEN NI FER AN NE 31.8473 A 24 RIDINGS,LVERNON,RESIDUALTRUST 10.00 A 28A BENTLEY,CHARLES&ROBIN 64.14 73 A 30B ANDERSON,SHIRLEYK 5.9584 A 53E MCDONALD,JASON SCOTT&JENNIFER ANNE 26.0873 A 28 RIDINGS,LVERNON,RESIDUALTRUST 4.0072 A 54 BRUMBACK PHILIP&MARGARET,TRUST 105.00 73 A 300 ANDERSON,SHIRLEY K 51.1684 A 47B MCDONALD,ROYE&LORETTA G,TRUSTEES 121.8584 A 44 RIDINGS,LVERNON,RESIDUALTRUST 51.9574 A 36A DAVIS,ROBERTW&KARI L 6.45 74 A 12 BARLEY,MARY KLINE 9.0084 A 49B MCDONALD,ROY E&LORETTA G,TRUSTEES 10.0073 A 94 RIDINGS,LVERNON,RESIDUALTRUST&RUBY 12.3574 A 36B DE AZAGRA,CARL&$ANDRAM 5.00 72 A 58 BAUGHMAN,MICHAELH&GROSS,MARY 168m50 84 A 49G MCDONALD,ROY E&LORETTA G,TRUSTEES 5.0073 A 30 RINKER,DUDLEY 72 A 59 BAUGHMAN,MICHAELH&GROSS,MARYK 20.0084 A 48 MCDONALD,ROY E,TRUSTEE&LORETTA G,TRUSTEE 20 4.83 4.0973 A 30E RINKER,DUDLEY 4.0174 A 36C FALGOUST,RUDOLPH I&EUZABETHC 5.00 73 A 17 BHS LC 160.0084 A 484 MCDONALD,ROY E,TRUSTEE&LORETTA G,TRUSTEE 6.3473 A 301 RINKER,DUDLEY 6.4373 A 103A LAYMAN,CYNTHIA 8.00 73 A 27 I000UEY,MARTHA&COURTNEY BENJAMIN 4.0085 A 3 MCDONALD,ROY E,TRUSTEE&LORETTA G,TRUSTEE 175.0073 A 13 ISNAPP,ALFRED L&SON INC 84.6984 A 53 LINSCOMB,DAVID$&$USIE 51.61 83 A 100 HASKINS,ROBERTD&NIARYE 14.1185 A 3A MCDONALD,ROY E,TRUSTEE&LORETTA G,TRUSTEE 4.5284 A 40 SNAPP,ALFRED L&SON INC 69.3072 A 29D MCDONALD,$YLVIA F,TRUSTEE 41.49 73 12 23 HLAVINKA,DAVID D&PATRICIA E 2.9872 A 53 MCDONALD,SYLVIA F,TRUSTEE 197.0084 A 40A SNAPP,ALFRED L,JR&BETTY V 46.0084 A 40C SHOMAKER,WILLIAM10.23 74 A 14 HUMPHRIES,CHERYLW 2.0072 A 82 MEAGHER,CONSTANCE M 12.0072 A 29L STOUT,JEFFREYT&DONNA) 15.8573 141 6 WAVELAND FARM LLC 4.38 74 A 15A HUMPHRIES,CHERYLW 1.2372 A 83 MEAGHER,CONSTANCE M 0.5073 A 30H SWACK,JOSEPHJ&PHYLLIS S 6.1573 141 7 WAVELAN D FARM LLC 4.04 74 A 15 HUMPHRIES,CHERYL W&LEWIS,PAMEIAW 3.0084 A 2 MEAGHER,CONSTANCE M 66.5073 A 103 WAV ELAN D FARM LLC 24.40 74 A 15B HUMPHRIES,CHERYLW&LEWIS,PAMEIAW 32.3484 A 6 MEAGHER,CONSTANCE M 60.0073 A 104 WINCHESTER WAREHOUSING INC 103.85 73 A 34 KENNEY PAULETTEV 4.8084 A !A RAMEY,WADE 6.0074 A 18 WINCHESTER WAREHOUSING INC 109.14 73 A 16 KSS LC 134.2184 A 41 REDMILES,DONALD R&STELLA M,TRUSTEES 6.0074 A 184 WINCHESTER WAREHOUSING I NC 80.DO 84 A 6D MCDONALD,JASON S&JENNIFERA 95.9883 A 11A REZIN,JEFFREYL&SHARONK 25.6774 A 18B WINCHESTER WAREHOUSING INC 58.39 84 A 49E MCDONALI JASON S&TENNI FERA 5.4083 A 87 REZIN,JEFFREY L&SHARONK 20.5785 A 1 WINCHESTER WAREHOUSINGINC 122.29 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 Sao-665-5651 0 0.375 0.75 1.5 P 415 Map Created:August 25,2020 4lGK , CO RENEWAL Action: w PLANNING COMMISSION: August 5, 2020 - Recommended Approval ytia4ni 13 BOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ DENIED 2020-2025 RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS,the Code ofVitginiarequires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2020-2025 renewal of the South Frederick Agricultural & Forestal District was updated and considered. The renewed district will contain 6,694.42+/- acres. This District is generally located along Cedar Creek Grade(Route 622),Middle Road(Route 628),Marlboro Road(Route 63 1)and Hites Road(Route 625)and are identified by Property Identification Numbers 52-A-300,60-A-73,60-A-73B, 60-A-75, 60-A-89,61-A-7, 61-A-8, 61-A-8A,61-A-9,61-A-10,61-A-13, 61-A-15,61-A-17,61-A- 21,61-A-22,61-A-23,61-A-24,61-A-23A,61-A-25,61-A-26,61-A-27,61-A-29,61-A-30,61-A-31, 61-A-37,61-A-40,61-A-41,61-A-42, 61-A-43A,61-A-43B,61-A-43C,61-A-43D61-A-43E,61-A- 44, 61-A-45,61-A-96, 1-A- 44, 61-A-45,61-A-96, 61-A-96D,61-A-106,61-A-107,61-A-116, 61-A-117,61-A-118,61-A-1 19, 61-A-120,61-A-126,61-A-126A, 61-A-127,61-A-127A,61-A-178 61-A-129,61-A-130,61-A-131, 62-A-21,62-A-26,62-A-27,62-A-28,62-A-34,62-12-5-49,62-12-5-50,62-12-5-51,62-12-5-5262-12-5- 53, 62-12-5-54,62-12-5-66,62E-1-3-14,62E-1-6-25,62E-1-6-26,62E-1-6-27,72-A-29L,72-A-3,72- A-291), 72-A-44, 72-A-46,72-A-45,72-A-53,72-A-54,72-A-58,72-A-59,72-A-82,73-A-4, 73-A- 4A,73-A-9,73-A-10,73-A-10A,73-A-13,73-A-16,73-A-17,73-A-24,73-A-28,73-A-29,73-A30,73- A-30B,73-A30Fi73-A-30H,73-A-30I,73-A-300,73-A-31,73-A-34,73-A-38,73-A-39,73-A-63,73-A- 64A 73-A-66,73-A-67,73-A-88,73-A-90B,73-A-94,73-A-100,73-A-103,73-A 103A,73-A-104,73-12- 11, 73-12-23, 73-14-1-6, 73-14-1-7, 74-A-12, 74-A-14, 74-A-15, 74-A-15A, 74-A-15B, 74-A-18, 74-A-18A,74-A-18B,74-A-36C, 83-A-81A,83-A-87,83-A-100,84-A-2, 84-A-6,84-A-6D, 84-A-40, 84-A-40A, 84-A-41, 84-A-42A, 84-A-44, 84-A-49E, 84-A-53, and 85-A-I in the Back Creek Magisterial District. WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this District renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS,the Planning Commission held a public hearing andrecommended approval of therenewal ofthe 2020-2025 South Frederick Agricultural&Forestal Districton August 5,2020;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2020- 2025 South Frederick Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal ofthe202O-2025 South Frederick Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; 416 NOW, THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 South Frederick Agricultural & Forestal District containing 6,694.42+/- acres in the Back Creek Magisterial District with an expiration date of September 9, 2025. The Agricultural & Forestal District is as described. On the attached map and the attached property owner table. This ordinance shall be in effect on the day of adoption. Passed this 9th day of August 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 438-20 417 4tic� COUP 2020-2025 AGRICULTURAL & FORESTAL DISTRICT ow SOUTH TIMBER RIDGE DISTRICT UPDATE w ? Staff Report for the Board of Supervisors Prepared: August 27,2020 `t>38( Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 South Timber Ridge Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 17 parcels and 981.08+/- acres managed by one (1) property owner. It is generally located along Hollow Road (Route 707)to the north, Muse Road(Route 610) and Gold Orchard Road (Route 708) to the east. The proposed 2020-2025 District would contain 981.08+/- acres which is consistent with its last renewal. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the South Timber Ridge Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The South Timber Ridge Agricultural and Forestal District during the last renewal consisted of 981.08+/- acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once renewed the 2020-2025 South Timber Ridge Agricultural and Forestal District will consist of 981.08+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 981.08+/-acre 2020-2025 South Timber Ridge Agricultural and Forestal District at their meeting on June 25,2020. The Planning Commission unanimously recommended approval of the 981.08+/-acre 2020-2025 South Timber Ridge Agricultural and Forestal District at their meeting on August 5, 2020. 418 Page 2 2020-2025 Agricultural and Forestal District Update South Timber Ridge Agricultural and Forestal District Renewal August 27, 2020 Following a public hearing, Board of Supervisors action on this application would be appropriate. REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 17 parcels and 981.08+/- acres managed by one (1) property owner. It is generally located along Hollow Road(Route 707)to the north, Muse Road(Route 610) and Gold Orchard Road (Route 708) to the east. The proposed 2020-2025 District would contain 981.08+/- acres which is consistent with its last renewal. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 90 percent agriculture (orchard and crop harvesting) and 10 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The location of the District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any land use plan or study by the County. The land use within the District is agricultural and residential and nature. The current land use should remain in its present condition with land use of orchards, agricultural, and residential. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the District for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Gainesboro drainage area. The District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from rolling hills to ridges to the north, west, south and east. The District lies within the Gainesboro watershed and water is available from ponds, wells and springs. 419 Page 3 2020-2025 Agricultural and Forestal District Update South Timber Ridge Agricultural and Forestal District Renewal August 27, 2020 PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Weikert-Berks-Blairton. 420 2020-2025 South Timber Ridge Agricultural & Forestal District P S C,•�iJ, Wq�ygM �R HO<<O W RD C Z A Z HAMPSHIRE COUNTY WEST VIRGINIA 259 �O GAP O spm �0 CARPERS PIKE 259 South Timber Ridge Parcels PIN Owner Acres PIN Owner Acres 26 A 42 CKW RENTALS LLC 0.53 26 A 64 CLW HOLDINGS LLC 81.06 26 A 43 CKW RENTALS LLC 2.89 26 A 65 CLW HOLDINGS LLC 7.61 26 A 43A CKW RENTALS LLC 11.23 37 A 1 CLW HOLDINGS LLC 176.03 26 A 45 CKW RENTALS LLC 0.31 37 A 1A CLW HOLDINGS LLC 10.00 26 A 46 CKW RENTALS LLC 141.04 37 A 74 CLW HOLDINGS LLC 20.54 26 A 49 CKW RENTALS LLC 85.29 37 A 72 SPRING RIDGE LLC 162.46 26 A 61 CLW HOLDINGS LLC 100.16 37 A 73 SPRING RIDGE LLC 106.09 26 A 62 ICLW HOLDINGS LLC 35.30 26 A 61A IWATT, CORDELL L& KIMBERLY K 2.00 26 A 63 ICLW HOLDINGS LLC 38.54 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.175 0.35 0.7 Mi 421 Map Created:June 16,2020 4lGK , CORENEWAL Action: w PLANNING COMMISSION: August 5, 2020 - Recommended Approval ytia4ni 13 BOARD OF SUPERVISORS: September 9, 2020 ❑APPROVED❑ DENIED 2020-2025 RENEWAL OF THE SOUTH TIMBER RIDGE AGRICULTURAL & FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural & Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the South Timber Ridge Agricultural&Forestal District was updated and considered. The renewed District will contain 981.08+/- acres. The properties are located along Hollow Road(Route 707)to the north,Muse Road(Route 610)and Gold Orchard Road(Route 708) to the east and are identified by Property Identification Numbers 26-A-42,26-A-43,26-A-43A,26- A-45,26-A-46,26-A-49,26-A-61,26-A-61A,26-A-62,26-A-63,26-A-64,26-A-65,37-A-1,37-A- IA, 37-A-72, 37-A-73 and 37-A-74 in the Gainesboro Magisterial District. WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this district renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 South Timber Ridge Agricultural&Forestal District on August 5,2020; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 South Timber Ridge Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 South Timber Ridge Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 South Timber Ridge Agricultural & Forestal Districtcontaining 981.08+/-acres in the Gainesboro Magisterial District, with an expiration date of September 9, 2025. The Agricultural & Forestal District is as described on the attached map dated June 16, 2020 and the attached property owners table dated June 16, 2020. 422 This ordinance shall be in effect on the day of adoption. Passed this 9th day of August 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Judith McCann-Slaughter Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.939-20 423 lG� ` CO 4 y 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE 4w ' BACK MOUNTAIN DISTRICT—PROPOSED NEW DISTRICT h Staff Report for the Board of Supervisors w Prepared: August 27, 2020 tiP4L1/� 118 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To create a new Agricultural and Forestal District—"2020-2025 Back Mountain Agricultural and Forestal District". LOCATION AND SIZE: The proposed District is located within the Back Creek Magisterial District and fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west. This proposed District would consist of one parcel that totals 489.91+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request for the creation of the new Back Mountain Agricultural and Forestal District, comprising a total of 489.91+/- acres. This District meets the intent of Chapter 43, Section 15.2- 433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This creation provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once created the 2020-2025 Back Mountain Agricultural and Forestal District will consist of 489.91+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting on June 25, 2020. The ADAC unanimously recommended that the one parcel totaling 489.91+/- acres be established as the 2020-2025 Back Mountain Agricultural and Forestal District. The Planning Commission considered this request during their meeting on August 5, 2020. The Planning Commission unanimously recommended that the one parcel totaling 489.91+/- acres be established as the 2020-2025 Back Mountain Agricultural and Forestal District. Following a public hearing, Board of Supervisors action on this application would be appropriate. 424 Page 2 Back Mountain Agricultural and Forestal District Renewal July 23, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: The proposed District is located within the Back Creek Magisterial District and fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west. This proposed District would consist of one parcel that totals 489.91+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 80 percent agriculture (livestock and crop harvest) and 20 percent mature woodlands. The area within the District is rural in nature. LAND USE and ZONING: The use of the parcel is agricultural and residential. The parcel of this District is currently zoned RA (Rural Areas)Zoning District. The surrounding properties are zoned RA (Rural Areas) District and R-5 (Residential Recreational Community) District. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this proposed District lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA) and is not part of any land use plan or study by the County. The land use within this proposed District of 489.91+/- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Comprehensive Plan support the additions and renewal of the Districts, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Cedar Creek drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. There is a large pond on the parcel. TOPOGRAPHY: The District generally varies from broad rolling hills to the west and, gently rolling hills to the north and east. This District lies within the Cedar Creek watershed and water is available from ponds, streams, and springs. Most of the area within the District is in pasture, livestock, and woodland. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is identified as Hazleton. 425 2020-2025 Back Mountain Establishment Agricultural & Forestal District x 40 x E a, Q �N, cod �P QgE egck`�V OEstablishment OParcels PIN Owner Acres 58 A 32D HULVER, GREGORY&HULVER, MICHAEL 489.91 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Wnchester,VA 22601 540-665-5651 0 0.125 0.25 0.5 M 426 Map Created:June 12,2020 ti June 3, 2020 Frederick County Department of Planning c/o Mark Cheran, Zoning Administrator 107 N. Kent Street Winchester, VA 22601 RE: Proposed Back Mountain Agricultural and Forestal District Dear Mr. Cheran, We are the owners of a 489.1 acre parcel of land located on Back Mountain Road and identified as Frederick County tax map parcel 58-A-32D. We would like to submit the property to be added to the County's Agricultural and Forestal District program. Currently, we run 100 head of cattle on the property and produce hay as well. In addition,the property is a certified tree farm. We are currently located several miles from the nearest existing Agricultural and Forestal District, so we request that Frederick County consider the creation of the Back Mountain Agricultural and Forestal District with our property. The attached map identifies the location of our property along with the relevant County information. If you need any additional information, please let us know. Sincerely, RECEIVED Gregory Hulver& Michael Hulver JUN - 4 2020 4402 Back Mountain Road Winchester, VA 22602 FREDERICK COUNTY (540) 336-3723 PLANNING AND DEVELOPMENT 00 N Proposed Back Mountain Agricultural and Forestal District t Mountain Falls r rM k S E i t 7 J Proposed Agricultural woad , and Forestal District 0 �a Owners "Pax Map Acreage Gregory Hulver& 58-A-32D 489.1 Michael Hulver 4402 Back Mountain Road Winchester,VA 22602 w ESTABLISHMENT w a�aCIA, 1733 Action: PLANNING COMMISSION: August 5, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ESTABLISHMENT OF THE BACK MOUNTAIN AGRICULTURAL & FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Back Mountain Agricultural&Forestal District that would consist of 489.91 acres,was considered. The property fronts Back Mountain Road(Route 600)and borders the Mountain Falls Subdivision to the west and is identified by Property Identification Number 58- A-32D in the Back Creek Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Back Mountain Agricultural&Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Back Mountain Agricultural&Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Back Mountain Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Back Creek Agricultural&Forestal District consisting of 489.91+/-acres in the Back Creek Magisterial District, with an expiration and renewal date of September 9,2025. This Agricultural &Forestal District is as described on the attached map. PDRes.940-20 429 This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven Jr., Chairman Judith McCann-Slaughter Gene E. Fisher J. Douglas McCarthy Shawn L. Graber Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.416-10 430 lG� ` CO 4 y 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE 4w ' RELIANCE DISTRICT—PROPOSED NEW DISTRICT h Staff Report for the Board of Supervisors w Prepared: August 27, 2020 tiP4L1/� 118 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To create a new Agricultural and Forestal District—"2020-2025 Reliance Agricultural and Forestal District". LOCATION AND SIZE: The proposed District is within the Opequon Magisterial District and is generally located fronting Huttle Road (Route 636) and Headley Road. This proposed District would consist of five parcels that contain 203+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to create the Reliance Agricultural and Forestal District, comprising a total of 203+/- acres. This District meets the intent of Chapter 43, Section 15.2-433 of the Code of Vir_ig nia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This creation provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2025. Once created the 2020-2025 Reliance Agricultural and Forestal District will consist of 203+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting on June 25, 2020. The ADAC unanimously recommended that the five parcels totaling 203+/- acres be established as the 2020-2025 Reliance Agricultural and Forestal District. The Planning Commission considered this request during their meeting on August 5, 2020. The Planning Commission unanimously recommended that the five parcels totaling 203+/- acres be established as the 2020-2025 Reliance Agricultural and Forestal District. Following a public hearing, Board of Supervisors action on this application would be appropriate. 431 Page 2 Reliance Agricultural and Forestal District August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: The proposed District is within the Opequon Magisterial District and is generally located fronting Huttle Road (Route 636) and Headley Road. This proposed District would consist of five parcels that contain 203 +/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 90 percent agriculture (livestock, and crop harvest) and 10 percent open space/woodlands. The area within the District is rural in nature. LAND USE and ZONING: The five (5) parcels of this District are currently zoned RA (Rural Areas) Zoning District and contain agricultural and residential land uses. All surrounding properties are also zoned RA (Rural Areas) District. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this proposed District lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA) and is not part of any land use plan or study by the County. The land use within this proposed District of 203+/- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Comprehensive Plan support the additions and renewal of the Districts, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing reserve of agricultural land through the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Opequon Creek drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from slight rolling hills with open land and woodland. The eastern portion of the District is woodland. This District lies within the Abrams Creek watershed and water is available from streams and springs. Most of the area within the District is in pasture and livestock with areas that are woodland. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Weikeert-Berks-Blairton. 432 2020-2025 Reliance Establishment Agricultural & Forestal District h '¢ HUTTLE RD • • a _ a � e; 4 ru�. M1 � �s t" < e O i ',... r P 4 c !�"ffiv OEstablishment OParcels PIN Owner Acres 92 A 18 JUDY,JAMES,JR. 102.93 92 A 19 JUDY,JAMES,JR. 44.25 92 A 25 JUDY,JAMES,JR. 28.00 92 A 27 JUDY,JAMES,JR. 22.66 92 A 17 JUDY,JAMES, III 5.16 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.075 0.15 0.3 1433 Map Created:June 12,2020 June 2,2020 MEM JUN - 2 wd, FREDERICK COUNTY Frederick County Dept of Planning and Development PLANNING AND DEVELOPMENT c/o Mark Cheran,Zoning Administrator 107 N.Kent Street Winchester,VA 22601 RE: Bottle Road Property—Agricultural and Forestal District Dear Mr. Cheran, We are the owners of approximately 203 contiguous acres located off Huttle Road in Frederick County, which we would like to submit for inclusion in the County's Agricultural and Forestal District program. The specific properties are as follows: Owner Tax Map Parcel Acreage James W.Judy,Jr. 92-A-18 102.93 92-A-19 44.25 92-A-25 28.00 92-A-27 22.60 James W.Judy,III 92-A-17 5.16 202.94 Acres Total The property is currently in active agriculture use with 72 head of cattle and hay production with the remainder of the property being wooded. If you need any additional information,please call Jamie Judy at(540)974-0531. Sincerely, James W.Judy,Jr. 9mes W.Jud ,III 835 Huttle Road 831 Huttle Road Middletown,VA 22645 Middletown,VA 22645 U-) co RECEIVED June 3, 2020 FREDERICK COUNTY PLANNING AND DEVELOPMENT Frederick County Dept of Planning and Development c/o Mark Cheran,Zoning Administrator 107 N. Kent Street Winchester,VA 22601 RE: Proposed Reliance Agricultural and Forestal District Dear Mr. Cheran, We are the owners of approximately 203 contiguous acres located off Huttle Road in Frederick County, which we would like to submit for inclusion in the County's Agricultural and Forestal District program. The specific properties are as follows: Owner Tax Man Parcel Acreage James W.Judy,Jr. 92-A-18 102.93 92-A-19 44.25 92-A-25 28.00 92-A-27 22.60 James W.Judy, III 92-A-17 5.16 202.94 Acres Total The property is currently in active agriculture use with 72 head of cattle and hay production with the remainder of the property being wooded. As our property is currently located approximately 1.5 miles from the nearest existing Agricultural and Forestal District, we request that Frederick County consider the creation of the Reliance Agricultural and Forestal District with our property. The attached map identifies the location of our property along with the relevant County information. If you need any additional information,please call Jamie Judy at(540) 974-0531. Sincerelv, tames W.Judy, Jr. Ja W.Judy, I 835 Huttle Road Huttle Ro d Middletown,VA 22645 Middletown,VA 22645 CO Proposed reliance Agricultural and Forestal District :zN M = � r � ,fir h. Y 1 Jj� TM 9124-1 ve n a 1M92:A-18 6 ,a TM 92-A-19 I TM 92-A-25 TM 92-A-27 Owners Tax MaParol Acr€gage James W.Judy,Jr. 92-A-18 102.93 92-A-19 44,25 92-A-25 28.00 92-A-27 22.60 James W.Judy, Ill 92-A-17 5.16 202.94 Acres Total w ESTABLISHMENT w a�aCIA, 1733 Action: PLANNING COMMISSION: August 5, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Pending ESTABLISHMENT OF THE RELIANCE AGRICULTURAL & FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Reliance Agricultural & Forestal District that would consist of 203+/- acres, was considered. The property fronts Huttle Road (Route 636) and Headley and is identified by Property Identification Number 92-A-17, 92-A-18,92-A-19,92-A-25, and 92-A-27 in the Opequon Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Back Mountain Agricultural&Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Back Mountain Agricultural&Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Back Mountain Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Back Creek Agricultural&Forestal District consisting of 489.91+/-acres in the Back Creek Magisterial District, with an expiration and renewal date of September 9,2025. This Agricultural &Forestal District is as described on the attached map. PDRes.4 41-20 437 This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven Jr., Chairman Judith McCann-Slaughter Gene E. Fisher J. Douglas McCarthy Shawn L. Graber Robert W. Wells Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.#16-10 438