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
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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.
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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.
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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
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Board of Supervisors Regular Meeting of September 9,2020
County of Frederick, Virginia
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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(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.
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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.
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County of Frederick, Virginia
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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.
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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:
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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.
+ + + + + . + + + . + + + +
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Board of Supervisors Regular Meeting of September 9, 1020
County of Frederick, Virginia
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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
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Board of Supervisors Regular Meeting of September 9, 2020
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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.
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County of Frederick, Virginia
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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
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Board of Supervisors Regular Meeting of September 9, 2020
County of Frederick, Virginia
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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
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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.
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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
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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