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September 9 2020 Regular Meeting Minutes T 49 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY,SEPTEMBER 9, 2D20 7;00 P.M, BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA I ATTE D Board of Supervisors: Charles S. DeHaven, Jr,, Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L, Graber; Gene E, Fisher; and Judith McCann-Slaughter were present. J. Douglas McCarthy participated remotely. 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; Mark Cheran, Zoning&Subdivision Administrator;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Ate' ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. r N VO ATIQN Pastor John Morrison, staff member at Fellowship Bible Church, delivered the invocation. PLEDGE QF,AL1Lg0.lANgE Vice Chairman Wells led the Pledge of Allegiance. i REMOTE PARTICIPATION BY A BOARD MEMBER—APPROVED On motion of Supervisor Dunn, seconded by Vice Chairman Wells, remote meeting participation by Supervisor McCarthy was approved on a voice vote. ADOPTION OF AGENDA--APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Graber, the agenda was adopted as presented on a voice vote. Minutia Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 50 CITIZENS COMMENTS—None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Supervisor Dunn 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 August 12 2020- CONSENT AGENDA APPROVAL -Minutes of Planning Commission Joint Work Session of August 12, 2020 -CONSENT AGENDA APPROVAL - Parks and Recreation Commission Report of August 11, 2020 -CONSENT AGENDA APPROVALS Appendix 9_ -Human Resources Committee Report of August 14, 2020-CONSENT AGgNDA APPROVAL, Appendix 2 - Finance Committee Report of August 19, 2020-CONSENT AGENDA APPROVAL Appendix 3 - Public Safety Committee Report of August 20, 2020 -CONSENT AGENDA APPROVAL,Appendix 4 -Transportation Committee Report of August 24 2020-CONSENT AGENDA APPROVAL Appendix 5 -Joint Finance Committee Report of August 26, 2020 -CONSENT AGENDA APPROVAL,Appendix 6 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- CONSENT AGENDA APPROVAL - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental A ro riations- CONSENT AGENDA APPROVAL Undisclosed Taxpayer— Disabled Veteran's Relief- $5,911.74 - Road Resolution— Regents Crescent I Regents Crest-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 Minute Book 46 Board of Supervisors Regular Meeting of September 9,2020 County of Frederick, Virginia 51 I WIIEREAS,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 ANI-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. . . . . . + . . . . . . . . BOARD OF SUPERVISORS COMMENTS- None COUNTY OFFICIALS; COMMITTEE APPOINTMENTS AMY CLINE STROSNIDER RE-APPOINTED TO PARKS AND RECREATION COMMISSION — APPROVED Vice Chairman Wells moved to reappoint Amy Cline Strosnider to serve a four-year term ending 9-14-24 on the Parks and Recreation Commission. The motion, seconded by Supervisor Slaughter, carried on a voice vote. RICK TILL ANIS SUSAN BROOKS APPOINTED TO ECONOMIC DEVELPOMENT AUTHORITY —APPROVED r Supervisor Slaughter moved for appointment of Rick Till to fill an unexpired term ending 9- 10-22 and appointment of Susan Brooks to fill a four-year term ending 11-10-24, Vice Chairman Wells seconded the motion. Supervisor Graber noted a recently received application from Gary Lofton. Supervisor Munn moved to amend the motion to include Rick Till and Gary Lofton as appointees. The motion to amend failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W.Wells No J. Douglas McCarthy Aye Charles S. DeHaven,Jr. No Judith McCann-Slaughter No Minutes Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 52 The original motion for appointment of Rick Till and Susan Brooks 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 i ROBERT W.WELLS REAPPOINTED TO THE REGIONAL JAIL AUTHORITY-APPROVED Supervisor Slaughter moved to reappoint Vice Chairman Wells to serve a four-year term ending 10-31-24 on the Regional Jail Authority. The motion,seconded by Supervisor Dunn,carried on a voice vote, COMMITTEE BUSINESS—FINANCE COMMITTEE N SS Supervisor Slaughter moved for approval of the following: 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; 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 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 Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. 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 Supervisor Slaughter moved for approval of the following: 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. Vice Chairman Wells seconded the Minute hook 46 Board of Supervisors Regular Meeting of September 9, 2010 County of Frederick, Virginia 53 motion which carried on a recorded vote as follows: Maine 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 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. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Maine 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 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. 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests General Fund supplemental appropriation in the amount of$11,492.03. This amount represents two auto insurance claims and will go toward auto repair and the purchase of a new vehicle, 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 Supervisor Slaughter moved for approval of the following resolution as discussed with the IrDA Director regarding the tax rate for data centers as follows: $1,25 per $100 in assessed Minute Book 46 Board of Supervisors Regular Meeting of September 4,2020 County of Frederick, Virginia I 54 property value, subject to declining values for depreciation. Supervisor Dunn seconded the motion. Supervisors Graber and Dunn discussed concerns about changing a tax rate for only one industry. Supervisor Slaughter noted that tax rates are adopted annually allowing for changes to be made if necessary. The motion carried on a retarded vote as follows; Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L.Graber No Robert W,Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 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 detennine 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 ff 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 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°/o for year five and all subsequent years. + + + . . * . + + + . . k k PUBLIC HEARINGS (NON-PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER—ANNUAL SHENANDOAH VALLEY APPLE HARVEST FESTIVAL-APPROVED County Administrator Tierney explained the permit request. Chairman DeHaven opened the public hearing. Minute Book 46 Board of Supervisors Regular Meeting of September 9,2020 County of Frederick, Virginia 55 No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the Outdoor Festival Permit, Supervisor Graber seconded the motion. 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 J. Douglas McCarthy Aye 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 COVID-19 pandemic. He noted the funds are the second half of the original allocation received by the County and 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 Vice Chairman Wells seconded the motion adding his thanks to staff for their hard work responding to the pandemic. Vice Chairman Slaughter also thanked staff for their efforts. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2020-202I 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 I)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 Minute Book dS Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 56 (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 1T 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 Coronavinis 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 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. . t * . . . + + . . * . . + PLANNING COMMISSION BUSINESS-PUBLIC HEARINGS CONDITIONAL USE PERMIT#06-20 FOR DARIN HOCKMAN-APPROVED Mark Cheran, Zoning & Subdivision Administrator, introduced the request for a Conditional Use Permit to construct an 80-Foot Commercial Telecommunication Facility, He said 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, 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. 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. Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 5711 Supervisor Graber moved for approval of Conditional Use Permit #06-20 for Darin Hockman. 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 ORDINANCE CONDITIONAL USE PERMIT#06-20 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 i 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 Shawnecland, 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 Cormnission 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#06-20 to allow for the existing 50-foot tower to be increased by 30-feet to allow for the constriction of an 80-Foot commercial telecommunication facility on the parcel identified with Property Identification Number 491302-123-136 is approved with the following conditions; I. 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. + . * . + f . . . . * . + CONDITIONAL USE PERMIT#07-20 FOR DARIN HOCKMAN—APPROVED Mark Cheran, Zoning &Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a 100-Foot Commercial Telecommunication Facility. He said 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. He said should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 58 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. Chairman DeHaven opened the public hearing, No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of Conditional Use Permit #07-20 for Darin Hockman, 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 ORDINANCE CONDITIONAL USE PERMIT#07-20 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 Darter o Drive,Middletown, Virginia and is further identified with Property Identification Number 84-A-277 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 I Permit#07-20 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 anew Conditional Use Permit. + + + + + . + + + . + + + + Minute Book 46 Board of Supervisors Regular Meeting of September 9, 1020 County of Frederick, Virginia 59 CONDITIONAL USE PERMIT#09-20 FOR RICHARD AND SUSAN DAUGHERTY—APPROVED Mark Cheran,Zoning&Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a 100-Foot Commercial Telecommunication Facility. He said 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. 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 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-1 9F for the purposes of the required setback fall area for the tower, Should this tower easement be vacated on 22-A-19F, 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, Chairman DeHaven opened the public hearing. Darla McCrary, Back Creek District, warned the Board of the concern about electromagnetic frequency and electromagnetic radiation, She said electrifying the County is jeopardizing the health of the citizens. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for approval of Conditional Use Permit #09-20 for Richard and Susan Daugherty, Supervisor Slaughter 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 1. ORDINANCE CONDITIONAL USE.PERMIT#09-20 RICHARD DAUGHERTY& SUSAN DAUGHERTY Minute Book 46 I Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 60 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-190 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 #09-20 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-19F for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19F,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 Pen-nit, + + . + + + . . . . . . . . CONDITIONAL USE PERMIT#08-20 FOR SAMUEL H. SMITH JR.—POSTPONED FOR 90 DAYS Mark Cheran,Zoning&Subdivision Administrator, introduced the request for a Conditional Use Permit Submitted for Establishment of a Special Event Facility in the RA(Rural Areas)Zoning District. He said the property is located at 1147 Noah Pifer Road, Star Tannery, Virginia and is Identified with Property Identification Number 69-A-28 in the Back Creek Magisterial District. He reviewed the conditions recommended by the Planning Commission as well as the new entrance that is under construction by the applicant. 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 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. Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia t 61 E 3. event Special events shall start no earlier than 8 a.m. and all p s 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. Abigail Linaburg, representing the applicant, noted the adjustment of closing hours from 11:00 p.m. to 10:00 p.m. Supervisor Graber and Ms, Linaburg discussed the hours of operation and the new entrance which Ms, Linaburg said should be completed in two weeks. Supervisor Dunn and Ms. Linaburg discussed the applicant's intention to farm and the ability to earn an agricultural living from the property without operating an event center. Chairman DeHaven opened the public hearing, Bonita Brill, Back Creek District, said she lives adjacent to the property and asked the Board to delay making a decision on the conditional use permit until the neighbors can observe the event center's operation under its 12-month festival permit, Louise Garrett, Back Creek District, said she lives adjacent to the property and discussed the entrance not being complete, noise issues,and traffic, She asked the Board to delay voting for 90 days. Nicole Sweeney, Back Creek District, asked the Board to delay voting on the conditional use permit and cited noise from the property during the previous weekend's event. Scott McCarthy, Back Creek District, said time is needed for the residents to learn more about the event center's operation, Chairman DeHaven closed the public hearing. Supervisor Graber moved for postponement of 90 days for consideration of Conditional Use Permit #08-20 for Samuel H, Smith Jr. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene B. Fisher Aye Shawn L.Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 46 Board of Supervisors Regular Meeting of September 4, 2020 County of Frederick, Virginia 62 + . + + . . . . . . . . . . 2020-2025 AGRICULTURAL AND FORESTAL DISTRICT UPDATE—APPROVED Mark Cheran, Zoning &Subdivision Administrator, said 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. He said 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. Mr. Cheran reviewed the proposed renewals and new districts. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Vice Chairman Wells moved to adopt the resolutions designating the renewals of the existing Agricultural and Forestal 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 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 frorn 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 2-A- 193,52-A-48,52-A-49,53-A-1,53-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 WHERFAS, 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 Minute Book 46 Board of Supervisors Regular Meeting of September 4, 2020 County of Frederick, Virginia 63 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. 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 66 1)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-11,43-A-12,43-A-13,43-A-14,43-A-69,43-A-70,43-A-10A, 43-A-A 1,43-1-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 3-12-3-14,43-12-3-15,43-12- 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,lune 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 .lune 16,2020 and the attached property owners table. 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-I39A,85-A-139, 86-A-71 B,85-A-131A, 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 District renewal at their Minute Book 46 Board o f Supervisors Regular Meeting o f September 9,2020 County o f Frederick, Virginia 64 meeting on June 25,2020,and recommended approval;and WHEREAS,the Planning Comrnission 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,TBEREFORE,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. 2020-2025 RENEWAL OF THE GREEN SPRING AGRICULTURAL&FORESTAL DISTRICT WI EREAS, 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. 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 1,147.20-x/-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-1B, 54-A-1C, 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-713, 55-A-7C,55-A-71),55-A-7E,55-A-8, 55- Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 65 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-151 A,55-A-152, 55-A-177,55-A-178,55-A-178A,55-A-179,55- A-181 A, 5-A-179,55- A-181A,55-A-1818,and 56-A-18A in the Stonewall Magisterial District. WIMREAS,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 Red Bud Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Red Bud Agricultural &Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Red Bud Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAII-IED 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 1,147.20+/-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. 2020-2025 RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, acid, 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, 1- 6-31,61-A-37, 61-A-40, 61-A-41, 61-A-42, 61-A-43A, 61-A-43 B,61-A-43 C, 61-A-43 D61-A-43E, 61-A-44,61-A-45,61-A-96, 61-A-96D,61-A-106,61-A-107,61-A-1 16,61-A-1 17,61-A-1 18,61-A- 119,61-A-120,61-A-126, 61-A-126A, 61-A-127,61-A-127A,6 1-A-12, 8 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- 5-52 62-12-5-53, 62-12-5-54, 62-12-5-66, 6213-1-3-14, 62E-1-6-25, 6213-1-6-26, 62E-1-6-27, 72-A- 29L, 72-A-3, 72-A-29D, 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-1 OA, 73-A-13, 73-A-16, 73-A-17, 73-A-24, 73-A-28, 73-A-29, 73-A-30, 73-A-30B, 73-A-30E, 73-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-9413, 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-I8A, 74-A-18B,74-A-36C, 83-A-81A,83-A-87,83-A-100, 84- A-2, 84-A-6, 84-A-61), 84-A-40, 84-A-40A, 84-A-41, 84-A-42A, 84-A-44, 84-A-4913, 84-A-53, and 85-A-1 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 and recommended approval of the renewal of the 2020-2025 South Frederick 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 Frederick Agricultural &Forestal District on September 9,2020; and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2020-2025 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 66 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 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. 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-61 A, 26-A-62, 26-A-63, 26-A-64, 26-A-65, 37-A-1, 37-A-1A, 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 District containing 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.lune 16,2020. + + + + + . + + + + + + + + Supervisor Graber moved to adopt the resolutions establishing the Back Mountain and Reliance Agricultural and Forestal Districts. 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 ESTABLISHMENT OF THE BACK MOUNTAIN AGRICULTURAL&FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 67 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 WIIEREAS,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 Mountain Agricultural& Forestal District consisting of 489.9 1+/-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. ESTABLISHMENT OF TBE 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-x/-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 ofthe creation and establishment of the new Reliance 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 Reliance Agricultural&Forestal District on September 9,2020;and VY'MREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Reliance 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 Reliance Agricultural & Forestal District consisting of 203.00+/-acres in the Opequon Magisterial District,with an expiration and renewal date of September 9,2025. This Agricultural &Forestal District is as described on the attached map. + + + + f + + t . + + + + . BOARD LIAISON REPORTS - Bone Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 66 CITIZEN COMMENTS Mike Weber, Stonewall District, spoke about the light pollution from an adjoining property that is causing his horticulture business to suffer by interfering with the growth of poinsettias and chrysanthemums. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted his appreciation for Mr. Weber's business and offered to speak further with him regarding the lighting issues. Supervisor Graber agreed with the comments from Mr. Dunn about Weber's Nursery. He thanked Mr. Cheran for his recent efforts in the Back Creek District. He discussed his earlier request for information about savings during the pandemic shutdown being used for school building maintenance saying he has not received any further information from the School Board on this topic. Supervisor Graber congratulated Steve Majchzrak on his appointment as incoming Fire Chief. He reviewed issues of his concern in the Fire and Rescue Department saying he hopes integrity will be restored in the Department. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:30 p,m. Charles S. DeHaven, Jr. Kris C.Tierney Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 46 Board of Supervisors Regular Meeting of September 9,2020 County of Frederick, Virginia 69 Board of Supervisors Minutes of September 9,2020 - Appendix 1 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, Gate: 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 $55,000 in proffer funds for the installation of an outdoor gym at Ctearbrook 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 Minute Book 46 Board of Supervisors Regular Meeting of September 9,2020 County o f Frederick, Virginia 70 Board of Supervisors Minutes of September 9, 2020 - Appendix 2 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 Q. 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 Michael J. Marciano, Director of Human Resources Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 71 Board of Supervisors Minutes of September 9, 2020 - Appendix 3 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 Millholiand,Sheriff;Jason Robertson, Parks& Rec Director; Jon Turkel,Assistant Parks&Rec Director;and Patrick Barker, EDA Director. i ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (' ) Items 1, 2, 5 and 10 were approved under consent agenda. 1. (F)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. ( j 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 I i of20 000. This amount represents funds donated and reserved for the spaying and neutering Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia I 72 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. O 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. Minute Book 46 Board of Supervisors Regular Meeting of September 4, 2020 County of Frederick, Virginia 73 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Robert Wells Jeffrey Boppe Angela Rudolph-Wiseman By Chewy b. Sh er Cheryl B.Shiffler, Finance Director Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 74 Board of Supervisors Minutes of September 9, 2020 - Appendix 4 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 Majehrzak, 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. Minute Book 46 Board of Supervisors Regular Meeting of September 9,1020 County of Frederick, Virginia 75 3. Progress update reaardin the neve 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 Minute Rank 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 76 Board of Supervisors Minutes of September 9, 2020 - Appendix 5 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 I ITEMS FOR INFORMATION ONLY: 1—5mart5cale 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 Minute Book 46 Board of Supervisors Regular Meeting of September 9,2020 County of Frederick, Virginia 77 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 Sheriffs 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. Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 78 Board of Supervisors Minutes of September 9, 2020 - Appendix 6 JOINT FINANCE COMMITTEE REPORT E 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 haw 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. Kerns 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 comrMittee 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. Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia 79 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. 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 subrrmitted 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 xp with a proposed solve ion 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 a.m. Minute Book 46 Board of Supervisors Regular Meeting of September 9, 2020 County of Frederick, Virginia