Loading...
December 9 2020 Closed Session and Regular Meeting Minutes 154 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 9, 2020 6:00 P.M.AND 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S, DeHaven, Jr,, Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L, Graber; Judith McCann-Slaughter; J. Douglas McCarthy; and David D. Stegmaier were present. Staff present: Kris C, Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Cheryl Shiffler, Finance Director; Nick Sabo, Executive Director of the Winchester Regional Airport Authority; LeeAnna Pyles, Director of Public Safety Communications; Dennis Linaburg, Fire Chief; Stephen Richman, Maintenance Supervisor; James Whitley, Superintendent of the Northwester Regional Adult detention Center; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL.TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 2,2-3711(A)(29) for discussion of the award of a public contract, involving the expenditure of public funds, for a public safety radio system, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:53 p.m.,the Board members being assembled within the designated meeting place in Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia I 15 the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells, seconded by Supervisor McCarthy and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii)only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:55 p.m., Chairman DeHaven recessed the meeting until the 7:00 p.m. regular meeting time. CALL TO ORDER Chairman DeHaven called the meeting to order at 7;00 p.m. INVOCATION Supervisor Stegmaier delivered the invocation. PLEDGE OF ALLEGIANCE F Vice Chairman Wells led the Pledge of Allegiance, ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was adopted on a voice vote with Rezoning#06-19 postponed until January 27, 2021, at the request of the applicant. Minute Book 46 Board of Supervisors Regular Meeting of December 9,2020 County of Frederick, Virginia 156 CITIZENS COMMENTS Wayne Duff of L3 Harris said he had been following the radio system procurement process and urged the Board to consider additional review before making a decision on a vendor. Vineet Jolly of L3 Harris opined the Board would be taking a risk by choosing a vendor with I no proven record in the Commonwealth. I Dave Prestipino, Back Greek District, spoke in opposition to Conditional Use Permit#08- 20 citing noise concerns at his nearby home. He requested that sound mitigation be required if the permit were approved. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented, The motion was seconded by Supervisor McCarthy and carried on a recorded vote as follows; Blaine P. Dunn Aye David D.Stegmaier Aye Shawn L. Graber No Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye - Minutes of Information Session of November 9 2020 - CONSENT AGENDA APPROVAL - Minutes of Regular Meeting of November 12 2020-CONSENT AGENDAAPPROVAL - Minutes of Work Session of November 23 2020 -CONSENT AGENDA APPROVAL - Public Safety Committee Report of November 12 2020 -CONSENT AGENDA APPROVAL Appendix 1 - Human Resources Committee Report of November 13, 2020 - CONSENT AGENDA APPROVAL, Appendix 2 - Parks and Recreation Commission Report of November 17 2020 -CONSENT AGENDA APPROVAL,Appendix 3 -Transportation Committee Report of November 23 2020 - CONSENT AGENDA APPROVAL I Appendix 4 - Public Works Committee Report of December 1 2020-CONSENT AGENDA APPROVAL,Appendix 5 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations• Toyota Lease Trust—$6,068.29, Undisclosed Taxpayer-_Disabled Veteran's Relief-$10,436.99—CONSENT AGENDA APPROVAL Minute Book 46 Board of Supervisors Regular Meeting of December 9,2020 County of Frederick, Virginia 157 Acknowledgement of Receipt of Certified Copies of Abstract of Votes from the General Election of November 3, 2020—CONSENT AGENDA APPROVAL,Appendix s Request for Approval to Conduct Rabies Clinics—CONSENT AGENDA APPROVAL -Addition to the Legislative Agenda from Supervisor Dunn Concerning Limiting to Three Years Any Refund of Bank Franchise Taxes Because of Bank Mistakes—CONSENT AGENDA APPROVAL Resolution Honoring LeeAnna D. Pyles On Her Retirement—CONSENT AGENDA APPROVAL I RESOLUTION HONORING LEEANNA D. PYLES ON HER RETIREMENT WHEREAS, LeeAnna D. Pyles, Director of Public Safety Communications, will retire after more than seventeen years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS, LeeAnna began her career with Frederick County on October 1, 2003, and served as Operations Supervisor;and WHEREAS, in recognition of her excellent skills, professionalism, and commitment LeeAnna was promoted to Director of Public Safety Communications in 2006;and WHEREAS,during her tenure LeeAnna excelled at bringing innovative ideas and technological advances such as Text-to-91 l to the department and coordinated with five other jurisdictions to create the Northern Virginia Emergency Preparedness Team,and WHEREAS, throughout her many years of service, LeeAnna has served the people of this County with fairness and dedication: THEREFORE BE IT RESOLVED,that we,the Members of the Board,do hereby extend to LeeAnna our sincere and grateful appreciation for her dedicated service to the Public Safety Cormnunications Department and to Frederick County, our congratulations on her well-earned retirement, and our best wishes to for continued success,happiness,and good health in the years to come. Resolution Honoring Dennis D. Linaburg On His Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING DEWS D.LINABURG ON HIS RETIREMENT WHEREAS, Dennis D. Linaburg, Frederick County Fire Chief, will retire after more than thirty years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS, Denny began his career on October 16, 1990, serving as a Firefighter and then as Assistant Fire Marshal beginning in November 1994;and WHEREAS, as a result of continued diligent work and demonstrated ability,he advanced to positions of increasing responsibility, and in April 1998 was named Fire Marshal and later designated as Battalion Chief, and WHEREAS, in recognition of his excellent skills, professionalism, and commitment, Denny was reclassified as Deputy Chief in December 2003 and then promoted to Fire Chief in February 2011;and Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 158 WHEREAS, throughout his many years of service, Denny was credited with improving the relationship with volunteer companies, creating a positive working environment, and establishing a web-based scheduling system and during his tenure has served the people of this County with fairness and dedication: THEREFORE BE IT RESOLVED, that we, the Members of the Board, do hereby extend to Denny our sincere and grateful appreciation for his dedicated service, our congratulations on his well-earned retirement,and our best wishes to for continued success,happiness,and good health in the years to come. - Resolution Honoring Stephen E. Richman On His Retirement-,CONSENT AGENDA APPROVAL RESOLUTION HONORING STEPHEN E. RICHMAN ON HIS RETIREMENT WHEREAS, Stephen E. Richman, Maintenance Supervisor, will retire after more than thirteen years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS, Steve began his career with Frederick County on February 1,2007;and WHEREAS, as a result of continued diligent work and demonstrated ability,he advanced to positions of increasing responsibility,managing operations at nine County-owned properties;and WHEREAS,Steve was noted for taking pride in all aspects of his job and was responsible for coordinating improved preventive maintenance procedures at the County Administration Building, the Public Safety Building,and at remote fire and rescue stations;and WHEREAS, Steve received the Employee of the Month Award in January 2013 and throughout his many years of service,has served the people of this County with fairness and dedication and: THEREFORE BE IT RESOLVED,that we,the Members of the Board, do hereby extend to Stephen our sincere and grateful appreciation for his dedicated service to the Maintenance Department and to Frederick County, our congratulations on his well-earned retirement, and our best wishes to for continued success, happiness,and good health in the years to come. Resolution Honoring James F. Whitley On His Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING JAMES F.WHITLEY ON HIS RETIREMENT WHEREAS,James F.Whitley,Superintendent of the Northwestern Regional Adult Detention Center,will retire after more than eight years of outstanding and meritorious service to Frederick County and its neighboring jurisdictions and citizens;and WHEREAS,Jim began his career as Superintendent on August 13,2012;and WHEREAS, during his tenure, Jim was successful in achieving great rapport among the employees successfully filling all open positions with qualified applicants and was commended for revamping security procedures and fostering unproved morale and operations; and WHEREAS,in recognition of his excellent skills,leadership abilities,and commitment to service,Jim was appointed to serve on the Board of Directors for the Skyline Regional Criminal Justice Academy in July 2017 and was nominated in 2020 for the Virginia Association of Regional Jails Superintendent of the Year Award;and WHEREAS, throughout his many years of service, Jim has served the people of this County and its partnering jurisdictions with fairness,professionalism and dedication: Minute Book 46 Board of Supervisors Regular Meeting of December 9, 100 County of Frederick, Virginia 159 THEREFORE BE IT RESOLVED,that we,the Members of the Board,do hereby extend to Jim our sincere and grateful appreciation for his dedicated service, our congratulations on his well-earned retirement, and our best wishes to for continued success,happiness,and good health in the years to come. - Resolution Reguestinq that the Governor and the General Assembly Take Such Action as is Necessary to Amend the State Budget to Redirect Recordation Taxes Back to Localities—CONSENT AGENIM APPROVAL REQUESTING THAT THE GOVERNOR AND THE GENERAL ASSEMBLY TAKE SUCH ACTION AS IS NECESSARY TO AMEND THE STATE BUDGET TO REDIRECT RECORDATION TAXES BACK TO LOCALITIES OR FIND ANOTHER WAY TO KEEP LOCALITIES WHOLE WHEREAS, like most states, the Commonwealth of Virginia levies a recordation tax on bonds or other obligations secured by deeds of trust or mortgages; and WHEREAS,since 1993,a portion of this recordation tax revenue has been distributed to cities and counties based proportionally on the real estate recordation activity within each city and county;and WHEREAS, recordation tax revenues distributed by the state to localities are required to be used by localities for transportation purposes or for public education;and WHEREAS,in FY2020,Frederick County received$416,196 in recordation tax revenues and over the last five years the County has received$2,102,824 in these revenues from the state;and WHEREAS, Frederick County has utilized those funds for various local transportation projects and for education needs including operations,capital projects and debt service;and I WHEREAS, during the 2020 Regular Session of the Virginia General Assembly,legislation was enacted (HB 1726 and SB 1038) that took $20 million of statewide recordation tax revenues that otherwise would have been distributed to cities and counties and redirected those dollars to the Hampton Roads Regional Transit Program,effectively climinating state recordation tax revenues for localities. NOW THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors requests that the Governor and the General Assembly take such action as is necessary to amend the State Budget to redirect these recordation taxes back to localities or find another way to keep localities whole. + + + + . . + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier commended the Voter Registrar, staff, and volunteers for a job well done during the recent election season. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 160 COUNTY OFFICIALS: RECOGNITION OF RETIRING DEPARTMENT DIRECTORS Chairman DeHaven and Vice Chairman Wells recognized the service of each of the four retirees: LeeAnna D. Pyles; Dennis D, Linaburg; Stephen E. Richman; and James F. Whitley. i UPDATE FROM NICK SABO EXECUTIVE DIRECTOR OF THE WINCHESTER REGIONAL AIRPORT Nick Sabo, Executive Director of the Winchester Regional Airport, provided an overview of the operations at the airport. Supervisors Graber, Dunn, and Slaughter commended Mr. Sabo for his efforts and the recent success at the Airport. COMMITTEE APPOINTMENTS GARY KENZEL OATES RECOMMENDED FOR APPOINTMENT TO THE BOARD OF EQUALIZATION—APPROVED Supervisor Slaughter moved to recommend to the Circuit Court that Gary Kenzel Oates be appointed to the Board of Equalization to serve a three-year term. Vice Chairman Wells seconded the motion which carried on a voice vote. ELIZABETH KOZEL APPOINTED AS SHAWNEE REPRESENTATIVE TO THE PLANNING COMMISSION—APPROVED On motion of Supervisor Stegmaier, seconded by Supervisor Slaughter and carrying on a voice vote, Elizabeth Kozel was appointed to the Planning Commission to fill an unexpired four- year term ending April 28, 2021. PHARMACEUTICAL PROCESSOR LETTER OF APPROVAL REQUEST--DISCUSSED Supervisor Graber informed the Board about multiple letters seeking support for applications by companies for licenses to operate pharmaceutical grade marijuana processing Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2010 County of Frederick, Virginia 161 facilities in Frederick County, He said will neither support nor oppose any such companies attempting to locate in the County. PUBLIC SAFETY RADIO SYSTEM PROCUREMENT -- REFERRED BACK TO COMMUNICATIONS COMMITTEE Vice Chairman Wells moved that the Board direct staff to examine the issues discussed in closed session and continue negotiations with the selected vendors, EF Johnson and Motorola. Supervisor McCarthy seconded the motion. Supervisor Dunn moved to amend the motion to include L3 Harris as well as the two selected vendors. Supervisor Graber seconded the motion which failed on recorded vote as follows: Blaine P. Dunn Aye David D.Stegmaier No Shawn L. Graber Aye Robert W.Wells No Judith McCann-Slaughter No Charles S. DeHaven,Jr. No J. Douglas McCarthy Aye The original motion directing staff to continue negotiations made by Vice Chairman Wells carried on a recorded vote as follows: Blaine P. Dunn Aye David D.Stegmaier Aye Shawn L, Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye COMMITTEE BUSINESS—HUMAN RESOURCES COMMITTEE HUMAN RESOURCES POLICY REGARDING POLICY 8.2: HOLIDAYS—NO ACTION Supervisor Dunn moved for approval of changes to the Human Resources Policy, Section 8.2: Holidays including approval that the Juneteenth holiday be recognized and referred to as Emancipation Day in Frederick County. The motion died for lack of a second. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 162 RANGE ADJUSTMENT FOR NRADC CORRECTIONAL NURSES 111 AND III -APPROVED Supervisor Dunn moved for approval of a range adjustment as requested by the Northwestern Regional Adult Detention Center for Correctional nurses I, ll, and 111, Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye j Shawn L.Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye . . . . . . . . . . . + + + PUBLIC HEARINGS NON PLANNING ISSUES ORDINANCE, PURSUANT TO VA.CODE SEC. 15.2.1508,TO AUTHORIZE THE PAYMENT OF CERTAIN BONUSES TO EMPLOYEES OF THE COUNTY OF AND AS ITS CONSTITUTIONAL OFFICERS, AND OF ENTITIES FOR WHICH THE COUNTY SERVES AS FISCAL AGENT — APPROVED Mr.Tierney provided background on the proposed ordinance saying the General Assembly had mandated and funded a $500 bonus for certain employees (sheriffs, sheriffs deputies, jail superintendents and regional jail officers) whose salaries are funded by the State Compensation Board and listed options for the Board to award bonuses to other County employees. He explained the proposed ordinance would authorize the payment of a bonus of $500 for each full-time employee, to be paid on or before December 31, 2020, and an additional bonus of$500 each for full-time employees in positions classified as Very High Risk for COVID-19 Exposure or High Risk for COVID-19 Exposure under the Virginia Department of Labor and Industry Standards,to be paid on or before March 31, 2021. Mr. Tierney noted that CARES funds have been utilized for permissible expenses and the fund balance is in good shape, He noted that the planned cost of living increase was not included in the current budget because of the pandemic and added that County offices have never closed while many other local government offices have been closed. Chairman DeHaven opened the public hearing. No one spoke Minute Book 46 Board of Supervisors Regular Meeting of December 9, 1010 County of Frederick, Virginia 163 Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of Option 1, awarding the$500 bonus only to those employees whose positions are funded by the State Compensation Board, Vice Chairman Wells seconded the motion. Supervisor Dunn discussed the issue saying all taxpayers are dealing with the pandemic and that it is inappropriate to take tax dollars to pay bonuses to others. Supervisor Stegmaier said he supports bonuses for all employees and the General Assembly had created an unfairness that only the County could correct. Supervisor McCarthy noted that CARES funds are also taxpayer dollars and that carving out certain groups of employees for bonuses is unfair. Supervisor Graber agreed with Supervisors Dunn and McCarthy saying a better use of funds would be a tax cut for County residents. The motion for approval of Option 1 carried on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy No ORDINANCE December 9,2020 WHEREAS, in Chapter 56 of the Acts of 2020 Special Session 1,approved by the Governor on November 19,2020,the General Assembly, at Item 477,Section HH thereof,appropriated funds to provide sworn constitutional officers and their staffs,including sheriffs,sheriffs'deputies,regional jail superintendents and corrections officers,whose positions are funded by the Compensation Board,a one- time bongs payment of$500 each on December 1, 2020; THEREFORE,be it hereby ordained that the Board of Supervisors authorizes payment of a monetary bonus of$500 each to all individuals,whose positions are funded by the Compensation Board, who were,as of December 1,2020, employed as: sworn constitutional officers for the County, and their staffs,specifically the sheriff and sheriffs'deputies,and the superintendent and corrections officers of the regional jail,said bonus to be payable on or before December 31,2020,to the extent of funding provided therefor by the Commonwealth. t + + + + + + + + k . . . . Supervisor Slaughter moved for approval of Option 2, a $500 bonus reimbursed by the State for those designated employees whose positions are funded by the State Compensation Board and a $500 bonus for all other employees incurring a General Fund local cost of$278,275. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 164 Supervisor Stegmaier seconded the motion, Supervisors McCarthy and Dunn spoke in opposition to Option 2. The Board and staff discussed those eligible for the bonus and the timing of running payroll to pay the bonus, The motion for approval of Option 2 failed on a recorded vote as follows: Blaine P. Dunn No David D, Stegmaier No Shawn L. Graber No Robert W.Wells No Judith McCann-Slaughter No Charles S. DeHaven, Jr. No J. Douglas McCarthy No Supervisor Stegmaier moved for approval of Option 3, $500 bonus reimbursed by the State for those designated employees whose positions are funded by the State Compensation Board and a $500 bonus for all other employees categorized as medium, high, or very high risk. Finance Director Cheryl Shiffler explained the effects of the motion given that the state mandated specifically that an employee classified as medium risk will be paid twice the amount of a fire and rescue employee who is classified as very high risk, Supervisor Slaughter seconded the motion, Supervisor Graber said the motion was completely irresponsible because the high-risk employees such as paramedics would be paid less than a medium risk employee with a desk job. Supervisor Slaughter and Ms. Shiffler discussed eliminating the medium risk employees from the motion. Supervisor McCarthy said the state government had created a mess and now the Board needed to do as mandated and move forward. Mr. Tierney apologized for the predicament in which the Board had been placed. He said with little time to respond, staff had done its best to provide options with flexibility to assist the Board in addressing the issue. i The motion for approval of Option 3 failed on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier No Shawn L.Graber No Robert W.Wells No Judith McCann-Slaughter No Charles S. DeHaven, Jr. No J. Douglas McCarthy No Supervisor Slaughter asked that the matter be addressed at a future meeting. Supervisor Dunn suggested that those employees receiving a bonus share it with those Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 165 who did not receive a bonus. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS--OTHER PLANNING BUSINESS REZONING#06.19 WINCHESTER MEDICAL CENTER—POSTPONED TO JANUARY 27, 2021 i The issue was postponed to January 27, 2021, at the request of the applicant. CUP#08.20 - SAMUEL SMITH JR. SPECIAL EVENT FACILITY -- DENIED Mr. Cheran reviewed the history of the application for a Conditional Use Permit(CUP) for a special event facility in the RA (Rural Areas) Zoning District, He listed the conditions that have been recommended to be assigned should the Board approve the conditional use permit. Supervisor Graber noted the applicant had held a town hall meeting at his request and has added restriction based on input received at the meeting. He moved for approval of the permit saying he would not support the motion. The motion died for lack of a second. MDP#04.20 -STONEWALL 4 INDUSTRIAL- PRESENTED FOR INFORMATION Mr. Klein presented Master Development Plan#04-20—Stonewall 4 Industrial. MDP#05-20 - FAIRFAX DOWNS - PRESENTED FOR INFORMATION Mr. Klein presented Master Development Plan#05-20—Fairfax Downs. Supervisor Slaughter and Mr. Klein discussed the roads in the development being public roads. Supervisor Dunn and Mr, Klein discussed potential road congestion in the development, Vice Chairmen Wells noted the project has been developed using Transfer of Development Rights which is designed to preserve rural land. Supervisor Dunn noted there is a cost to adding homes to the County. Supervisor McCarthy noted that 83 units will not be built elsewhere in the County since they are being built in this development, I Minute Book 46 Board of Supervisors Regular Meeting of December 9,2020 County of Frederick, Virginia 166 DRRC - FLOODPLAIN ORDINANCE ADJUSTMENT- INFORMATIONIDISCUSSION Ms. Perkins explained that because Frederick County will have updated Flood Insurance Rate Maps that are effective January 29, 2021, revisions to Chapter 165, Part 702 are required per the Department of Conservation and Recreation(DCR) to meet the minimum regulatory standards required in a fully compliant floodplain ordinance, She said staff has prepared revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts as shown in DCR's Model Ordinance,and this item is being brought to the Board of Supervisors for information and discussion. She concluded that it should be noted that while most of the changes are required to maintain a compliant floodplain ordinance, and direction is needed on the inclusion of the DCR suggested higher standard for improvements or repairs to existing structures in floodplain areas, The Board and staff discussed the ordinance. Supervisor Graber moved to forward the ordinance to public hearing maintaining the less restrictive standard for improvements or repairs to existing structures in floodplain areas. The motion, seconded by Supervisor McCarthy, carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ARTICLE VII OVERLAY DISTRICTS-PART 702—FP FLOODPLAIN DISTRICTS §165-702.01.— STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. -APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165-702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMI TNG MODEL BACKED TECHNICAL DATA, §165-702.10.LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14.DISTRICT BOUNDARY CHANGES; §165-702.15.INTERPRETATION OF DISTRICT BOUNDARIES; §165-702.16.PERMIT AND APPLLICATION REQUIREMENTS; §165-702.17. GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165-702.19. STANDARDS FOR i SUBDIVISION PROPOSALS; §165-702.20. EXISTING STRUCTURES IN FLOODPLAIN AREAS; §165-702,21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION,AMENDMENTS AND CONDITIONAL USE PERMITS PART 101—GENERAL PROVISIONS,§165-101.02.DEFINITIONS AND WORD USAGE WHEREAS,On January 29,2021 Frederick County will have updated Flood Insurance Rate Maps(FIRMs) Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 167 from the Federal Emergency Management Agency(FEMA). As a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia;and WHEREAS; this ordinance amendment would result in changes to Chapter 165, Zoning, Part 702 — FP Floodplain Districts and Part 101 Definitions to remain compliant with the regulations necessary to continue participating in the National Flood Insurance program(NFIP);and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their November 23,2020 meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 2, 2020 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 9,2020; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare,and good zoning practice,directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165;and NOW, THEREFORE, BE TT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to discuss the required changes to the FP Floodplain District requirements of the Zoning Ordinance to remain compliant with the regulations necessary to continue participating in the National Flood Insurance Program(NFIP). * * . . . + . + + + . + + + BOARD LIAISON REPORTS— None CITIZEN COMMENTS Tom Maloney, Back Creek District, said he has lived in the Cross Creek Village subdivision for five years and the noise coming from the nearby Trex facility is a continuing problem. He urged the Board to specify no noise over 55 decibels for any future development in the County. He asked if Trex Could do noise mitigation since they had ongoing construction. Ann Prestipino, Back Creek District, discussed Conditional Use Permit application#08-20 saying that she did not receive prior notice of the application because she is not an adjacent property owner, but that noise from events on the property can be heard at her nearby home. I BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier spoke in opposition to the Governor's recent statement supporting the legalization of marijuana, He called for statewide organization to communicate opposition to the elected members of the state government. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 168 Supervisor Dunn empathized with Mr. Maloney's comments on noise. Supervisor McCarthy said he would join a statewide effort opposing the legalization of marijuana, Supervisor Graber said he would follow up with Mr. Maloney regarding noise. He noted the denial of Conditional Use Permit# 08-20 saying the Smiths had made a good faith effort to contact their neighbors during the application process, Vice Chairman Wells wished everyone a Merry Christmas. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 9:14 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 December 9, 2020 County of Frederick, Virginia 169 Board of Supervosors Minutes of December 9, 2020 - Appendix 1 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday November 12, 2020 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Walt Cunningham, Judy McCann-Slaughter, Helen Lake, and Blain Dunn. Chairman Bob Wells and Chuck Torpy were absent. Staff present: Deputy County Administrator Jay Tibbs, Assist Fire& Rescue Chief Steve Majchrzak, Director of Public Safety Communications LeeAnna Pyles, Assistant County Attorney Erin Swisshelm, Fire Chief Denny Linaburg, Volunteer Fire & Rescue President Dan Cunningham, Deputy Director of Emergency Management Chester Lauck and Sheriff Lenny Millholland. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1. Emergency preparedness plan update: Committee member Helen Lake and Deputy Director of Emergency Management Chester Lauck provided an update on the emergency preparedness plan in conjunction with Shenandoah University. Mr. Lauck advised that the funding to purchase an emergency generator has been approved using CARES money and that the generator is on order. It is anticipated that it will be received by year end. This generator will provide, if needed, an additional 700-1200 spaces in case of emergency housing/shelter as well as medical space if hospital overflow is reached. SU will be providing the maintenance on the generator and it will have programmed weekly testing on the system. 2. Communications Fire & Rescue Sheriff's Office presented a brief outline of their FY22 maior budget requests(see attached): Director Pyles advised that the Communications Department has no significant budge increases for FY22. The NextGen 9-1-1 system update has been pushed back until later in 2021, however the costs will be reimbursed by the State. Chief Linaburg also advised that there are no major budget increases for FY22 in the Fire and Rescue Department. Assistant Fire & Rescue Chief Steve Majchrzak stated that staffing is a yearly struggle and the department is working on a joint program with LFCC involving their current ALS paramedic program. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 170 Chief Majchrzak commented on the fuel assistance program for the volunteer companies. He hopes for implementation by January 15x. Sheriff Millholland presented his FY22 budget requests ranging from his staff receiving a S%raise in order to stay on par with surrounding jurisdictions, obtaining 37 new vehicles, 10 staff positions and equipment necessary for the department. Jay Tibbs replied regarding the salary increases saying that it needs to be addressed for the County as a whole not just for one department. 3. Other Information: Ms. Lake commended all the departments on their sacrifice and professionalism during this pandemic and in general for all they do for the community as noted in the Winchester Star's Valor awards pamphlet(Nov.2020). Director Pyles and Chief Linaburg both made the announcement that this would probably be their last Public Safety Committee meeting as they are both set to retire at the end of the year. The Committee wished them both well in their endeavors. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Judy McCann-Slaughter Helen take Walt Cunningham Minute Book 45 Board of Supervisors Regular Meeting of December 9,2020 County of Frederick, Virginia 171 Board of Supervisors Minutes of December 9, 2020 - Appendix 2 HUMAN RESOURCES COMMITTEE=REPORTTO THE BOARD OF SUPERVISORS Friday, November 13,2020 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, November 13, 2020 at 9:00 a.m. ATTENDEES: Committee Members Present; Blaine Dunn,Chairman; Don Butler; Beth Lewin; Kim McDonald and Doug McCarthy Staff present: Michael Marciano, Human Resources Director; Kris Tierney, County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; Delsie Jobe, DSS Administrative Supervisor;Captain Clay Corbin, NRADC; and Delois Blevins, Human Resources Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. The below change reflects the County's response to a code revision recently passed by the legislature and signed by the governor, The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding Policy 8.2: Holidays(Exhibit A). Mr. Dunn and Mr. McCarthy both raised concern that the new Virginia Juneteenth holiday was a Texas date to end slavery and had nothing to do with Virginia. Mr. McCarthy moved to approve that the holiday be recognized and referred to as Emancipation Day vs.luneteenth, and Ms. Lewin seconded the motion.The committee recommends approval,4 in favor&1 against. 2. The NRADC requested a Range Adjustment for NRADC Correctional Nurses i,II and III(Exhibit B). Ms, Lewin moved to approve the range adjustments and Mr. McCarthy 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 December 4, 2020 County of Frederick, Virginia 1 172 Board of Supervisors Minutes of December 9, 2020 - Appendix 3 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday December 9, 2020 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks& Recreation Dept. Date: November 18, 2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on November 17, 2020. Members present were: Guss Morrison, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Randy Carter. Attending remotely; Amy Strosnider, Charles Sandy,Jr., Dennis Grubbs. Non-voting Board Liaison, Mr, Robert Wells. ITEMS RE UIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTLD FOR INFORMATION ONLY 1. The Commission recommends accepting the attached Fees and Charges. 2, The Commission recommended the FY 2022 Operating and Capital Budget as presented, The Operating budget includes two new positions and title and range change for two employees.The range changes will be forwarded to the Human Resources Committee for their recommendation. The recommended budget will be submitted to the Finance Department, Cc: Charles R.Sandy, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 46 Board of Supervisors Regular Meeting of December 9, 1010 County of Frederick, Virginia 173 Board of Supervisors Minutes of December 9, 2020 - Appendix 4 TRANSPORTATION COMMITTEE REPORTto the BOARD OF SUPERVISORS Monday, November 23, 2020 8:30 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting), Gary Oates (Voting) and James Racey (Voting). Committee Members Absent Mark Davis (Liaison Middletown), Cordell Watt (Voting) and Lewis Boyer(Liaison Stephens City). Staff Present:Assistant Director-Transportation John Bishop and Kathy Smith,Secretary. ITEMS FOR INFORMATION ONLY: 1—Capital Improvement Program Update: Staff gave a brief overview to the Committee on the status of the Capital Improvement Program on the current Transportation projects. Staff recommended the following changes: 1. Removal of item 2, Crossover Blvd. & Bridge of 1-81 due to expectation that it will be nearing completion by the time the new Capital Improvement Program is adopted. Staff noted that the Route 277 Widening and Safety Improvements (PH 1) is also under construction, it is very early in that project which is why Staff is recommending not removing that project at this time. 2. Update of cost due to inflation. 3. Update Redbud Road cost to reflect VDOT analysis of that project which is expected to be completed shortly. After discussion,the Committee was in support with the Staff recommended changes. Upon a motion by,James Racey and seconded by Gary Oates the Committee recommended to forward the Capital Improvement Plan of updated Transportation Projects to the Comprehensive Policy Plan subcommittee. 2—VTRANS Update: Staff gave a brief update on the current progress of the VTRANS. VTRANS is the statewide Transportation Plan and is critically important for localities when applying for Smartscale funds. The projects for which SmartScale funds are sought must be related to an identified VTRANS need. Staff noted that they have participated in numerous webinars through the current update process. In addition,staff reviewed the VTRANS website with the committee (www.vtrans.org) and noted that on that page, any interested party can sign up for updates. Minute Book Qb Board of Supervisors Regular Meeting of December 9,2020 County of Frederick, Virginia 174 I 3-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1- 81 Bridge: The work on Route 522 intersection is progressing and the project team recently met to address an issue with the entrances near the new apartment complexes south east of new Route 522 intersection for a minor plan modification. Renaissance Drive: Staff and the County's private partners recently met with CSX to discuss issues with the drainage design across the railroad tracks. The railroad did not accept the County's previous proposed solution and discussed alternatives. It is excepted whatever is determined will likely result in a higher cost estimate. The amount cannot be determined until a design solution can be agreed upon. Staff will continue to provide updates as we work through. the process. 4-Other: A: Staff discussed the Rural Rustic Program review process after receiving a complaint from residents in the vicinity of the North Sleepy Creek project who were unhappy that the roadway segment was being paved. Staff recommended reviewing segments currently on the unscheduled list to make sure the segments are reasonable and have independent utility. Staff also noted that the concerned citizens had suggested reaching back out to the residents of the proposed roadway just prior to construction beginning to make sure they still wanted it. However it was noted that with how the programming of projects works this may not be practical. In addition it was noted that while roads are brough to the paving list via citizen concerns, once on the list they are graded on real issues such as traffic, drainage, safety and if they are scoring high enough to be paved, really do need to be addressed. In addition, VDOT will now be posting signs 30 days before a project is to begin. B: The Sheriff Department asked for improvements to be done on Route 277 during the project phase if VDOT could adjust the timing of the signal lights. Also, if the entrances could be opened on the weekend when it is more congested in the area of Double Church Road and Route277 and restriping of the turn lanes because of the construction traffic the lines are no longer visible. C: Committee member Gary Oates discussed with the Committee that the Transportation Director should be its own department and report directly to County Administration. This would allow for plans to be submitted to and reviewed in that department. In addition,that department would seekgrantsfor roadwayfunding and expand into other such transportation items as the Board of Supervisors or County Administration should direct. Upon a motion by Gary Oates and seconded by Chuck DeHaven the Committee forwarded the recommendation to create a stand-alone Transportation department to the Board of Supervisors. Minute Book 46 Board of Supervisors Regular Meeting of December 9,1010 County of Frederick, Virginia 175 Board of Supervisors Minutes of December 9, 2020 - Appendix 5 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, December 1, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET,WINCHESTER,VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy, Chairman; Robert W. Wells; Gary Longerbeam;Whit Wagner; and Harvey E. "Ed" Strawsnyder,Jr. Committee Members Absent: none LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Kris C.Tierney; Robert W. Wells; Perry Eisenach;Stan Crockett; and Chris Boies Committee Members Absent. Dan Hoffman; Mike Neese;Justin Hall Staff present:Joe C. Wilder, Director of Public Works; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager;Andrew Clarke, Landfill Environmental Manager; Dale Ballenger, Landfill Operations Manager; Kevin Alderman, Shawneeland District Manager; Kathy Whetzel,Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator (Attachment 1) Agenda Packet ITEMS FOR INFORMATION ONLY 1-We held a joint Public Works Committee/Landfill Oversight Committee meeting to discuss the proposed Landfill Budget for Fiscal Year 2022. Staff updated committee members about several on-going projects at the Landfill. The main project occurring in the next year will be developing the bottom liner system for an approximate 11 acre, MSW Landfill Phase 3, Cell A. We are estimating this project to cost approximately$3,000,000. We also discussed a future project in the development of Phase 2 of our Construction/Demolition Debris (CDD) Landfill. There will be additional costs with that project due to more stringent environmental regulations related to wetlands and stream impacts. We informed committee members that itis not getting any less expensive to develop Landfill airspace. Once we complete the MSW cell development in calendar year 2021,we will begin developing Phase 2 of the CDD Landfill. We are proposing to raise the Landfill tipping fees by$2.00/ton. As we performed a Pro Forma financial analysis three years ago, it indicated that we will need to do incremental tipping fee increases every couple of years. We did perform a regional tipping fee analysis of what regional localities are paying for tipping fees. Frederick County is very fortunate to be paying the least expensive tipping fee in the regional, even after the $2.00/ton increase that is proposed in this budget. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 176 After some addition discussions with the committees and staff, committee member Crocket made a motion to endorse the proposed FY2022 Landfill budget and to forward it to the Finance Department for further consideration. The motion was seconded by committee member Strawsnyder. The motion was unanimously approved by both committees. (Attachment 2) 2-Staff presented the Public Works Department FY2022 budgets. Each particular budget was discussed with just a few questions. Therefore, committee member Strawsnyder made a motion to endorse all the budgets and to forward them to the Finance Department for further consideration. The motion was seconded by committee member Wagner. The committee unanimously approved the motion. 3-The committee discussed illegal usage of out of county users atone of the citizen convenience sites. Kris Tierney, County Administrator discussed a recent inquiry from Back Creek Supervisor Graber about usage at our Star Tannery Convenience Center by Shenandoah County residents. Staff discussed with the committee about past discussions trying to limit out of county usage at our sites. We had explored using cameras,video cameras, etc. and trying to run license plates. That is difficult due to limitations in access to license plate information on Virginia databases. We reminded the committee that priorto 2008,the county issued stickers which assisted our convenience site workers in identifying county residents. Since those stickers are not available anymore,there is not an easy way to monitor Virginia licensed vehicles. We let the committee know that we rely on site workers to become familiar with normal customers and if someone they do not recognize,to approach and ask where they reside. At this point,to try an issue a different sticker would be very difficult and expensive to manage. After some additional discussions,the consensus of the committee was that at this time,there is not a big problem with illegal site usage and any potential solution would be difficult to manage and not worth the cost to stop the minor problem. Mr.Tierney also discussed an item concerning the relocation of the post office in the Star Tannery area. Frederick County has a free lease of approximately 1-acre of land owned by Gravel Springs Cemetery for use as a citizens convenience center.There was a recent inquiry made as to whether the county should try to work with the U.S. Postal Service and Gravel Springs Cemetery to share a site. The consensus of the committee was that we need to just manage our convenience site and let the postai service seek out any potential sites with landowners in the area. We will continue to fulfill the lease obligations to Gravel Springs Cemetery as outlined in the lease. We are not interested in pursuing any agreement with the postai service. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W.Wells Whitney"Whit" L. Wagner Gary Longerbeam Harvey E. "Ed"Strawsnyder,Jr. Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 177 p l By y.- Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Kevin Alderman,Shawneeland District Manager Kathy Whetzel,Animal Shelter Manager Mark Fleet, Building Code Official file Minute Book 46 Board of Supervisors Regular Meeting of December 9, 2020 County of Frederick, Virginia 178 ABSTRACT ®f VOTES Board of Supervisors Minutes of December 9, 2020 - Appendix 6 Cast in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election head on November 03, 2020 for, President and Vice President NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Donald J. Trump - Republican 30558 Joseph R. Biden - Democratic 17207 Jo Jorgensen - Libertarian 781 Total Write-In votes [Froin Write-Ins Certifications] 157 [Valid Write-Ins+ Invalid Write ins=Total Write In Votes] Total Number of Overvotes for Office 16 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03,2020, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the President and Vice President. Given under our hands this T ' day of '0 Q__^ �-- .e ' Chairman , Vice Chairman Secretary ' A� 'P '�• 9 ` � I f Q� _ Acting Secretary i 17 ABSTRACT & VOTES (,'act in FREDERICK COUNTY,VIRGINIA at the 2020 November General Election held on November 03, 2020 for; Member I United tai to NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Daniel M. Gade - Republican 29940 Mark R.Warner - Democratic 17962 Total Write-In votes [From Write-Ins Certifications] 44 [Valid Write-Ins+ Invafid Write—ins= Total Write In Votes] Total Number of©vervotes for Office 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member United States Senate, i I i Given under our hands this day ofAlavel�7 410�42 Chairman Vice Chairman Secretary Acting Secretary 180 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Member House of Representatives District: 10 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Aiiscia N. Andrews - Republican 30871 Jennifer T.Wexton - Democratic 16935 Total Write-in votes[From Write-ins Certifications] 46 [Valid Write-Ins + Invalid Write—ins =Total Write In Votes] Total Number of Overvotes for Office 7 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020,do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. Given under our hands this _.......... day of Ale Dat 0 -Yinc Chairman .�* Vice Chairman Secretary " r ' ? ; ' �,; �✓h ll , Acting Secretary k 2V 181 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Member House of Delegates District: 1029 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) William D. "Bill"Wiley - Republican 19445 Irina S. Khanin - Democratic 8570 Total Write-in votes[From Write-Ins Certifications]- 39 I (Valid Write-Ins} invalid Write—ins= Total Write In Votes] Total Number of Overvotes for Office g, We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Delegates. Given under our hands this day of A V�V PSI a Chairman Vice Chairman E' u..f ti 1 Secretary Acting Secretary 182 ABSTRACT of VOTES Cast in FREDERICK COUNTY,VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Member Board of Supervisors District: SHAWNEE DISTRICT NAMES OF CANOIDATES ON THE BALLOT TOTAL. VOTES RECEIVED (IN FIGURES) David D. Stegmaier 4013 Richard D. Kennedy 2940 Total Write-In votes [From Write-Ins Certifications) 67 [Valid Write-Ins + Invalid Write—ins =Total Write In Votes] Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on Ncvernber 03, 2020. do herby certify that the above is a true and ccrrect Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors. David D._Stec—mzgr 6 Gwen under our hands this day of rn Chairman Vice Chairman Secretary , Acting Secretary F� 1� c �i ^F w 18 ABSTRACT & VOTES Cast in the Town of MiDDL.ETOWN in FREDERICK COUNTY, ViRGf€NItA rel the 2020 November General Election held on November 03, 2020 for, Mayori District: MI DLETC3WN NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (!N FIGURES) Charles H. Harbaugh IV 600 Total Write-In votes [From Write-ins Certifications] 12 [Valid Write-Ins+ Invalid Write—ins =Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do herby certify that the above is a true and correct Abstract of Votes at the said election and do,therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Mayor. �h�rles„H,._Harbaugh IV Given under our hands this IP day of 11 - Chairman Vice Chairman Secretary Acting Secretary f 184 ABSTRACT & VOTES Cast in the Town of MIDDLETOWN in FREDERICK COUNTY,VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Member Town Council District. MIDDLETOWN NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Stephanie A. Mitchell 362 Shayla S. Rickard 351' Carolyn S. Aliff 323. Diane H, Newman-Frye 116 Total Write-In votes [From Write-Ins Certifications] 10 [Valid Write-Ins + Invalid Write—ins =Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest nw'nber of votes cast for the Member Town Council. _j _$tgphanie A. Mitchell _Z.,$hay La % Rickard _ __ 3. Carolyn S_ iALff _,_ _ Given under our hands this /0 day of �Sli Chairman Vice Chairman Secretary Acting Secretary ..... ..... 18 ABSTRACT of VOTES Cast in the Town of STEPHENS CITY in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election held on November 03, 2€720 for, Member Town Council District: STEPHENS CITY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (1N FIGURES) I Christine D. Stevens 479: Ronald L. Bowers 471 Julia L. Young 377 Total Write-In votes [From Write-Ins Certifications] 42 .[Valid Write-Ins + Invalid Write—ins =Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member Town Council. 1. Christine D.Stevens 2___F onald L Bowers 3. .culla L. Young Given under our hands this rry day of` l OV Chairman Vice Chairman ./ate "e�. -� ,-� , Secretary Acting Secretary 186 ABSTRACT of REFERENDUM VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Constitutional Amendment #1 Should the Constitution of Virginia be amended to establish a redistricting commission, consisting of eight members of the General Assembly and eight citizens of the Commonwealth, that is responsible for drawing the congressional and state legislative districts that will be subsequently voted on, but not changed by,the General Assembly and enacted without the Governor's involvement and to give the responsibility of drawing districts to the Supreme Court of Virginia if the redistricting commission falls to draw districts or the General Assembly fails to enact districts by certain deadlines? []Yes []No QUESTION RESPONSE TOTAL VOTES RECEIVED (IN FIGURES) Total YES votes 32620 Total NO votes 13440: Total Number of Overvotes for Question 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the proposed referendum, Given tem r o rr hands this ja_ day of&O—Vqt6—ff Chairman Vice Chairman la4l Age ;` , Secretary ;`!r � � Secretary, Electoral Board 187 ABSTRACT of REFERENDUM VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2020 November General Election held on November 03, 2020 for, Constitutional Amendment #2 Should an automobile or pickup truck that is owned and used primarily by or for a veteran of the United States armed forces or the Virginia National Guard who has a one hundred percent service-connected, permanent,and total disability be free from state and local taxation? []Yes []No i i QUESTION RESPONSE TOTAL VOTES RECEIVED (IN FIGURES) Total YES votes 42470! Total NO votes 5705 Total Number of Overvotes for Question 5. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 03, 2020, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the proposed referendum. i I Givahands this m _- day of0 c2© !� Chairman Vice Chairman ryxw� Secretary Secretary, Electoral Board :y;