AGENDA BOARD OF SUPERVISORS

WEDNESDAY, JUNE 10, 2020 5:00 p.m. and 7:00 p.m.

BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601

5:00 p.m. Closed Session – The Board will hold a closed session for the following matters: •Pursuant to Virginia Code Section 2.2-3711(A)(19) and 2.2-3711(A)(8), for discussion of plans to protect public safety as it relates to specific cybersecurity threats or vulnerabilities and briefings by staff members and legal counsel concerning actions taken to respond to such matters or a related threat to public safety, discussion of information subject to the exclusion in subdivision 2 of § 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or County information technology systems, and for consultation with legal counsel regarding a legal matter requiring the provision of legal advice by such counsel, all specifically regarding recent activity involving County information technology systems. •Pursuant to Virginia Code Section 2.2-3711(A)(8), for consultation with legal counsel regarding a legal matter requiring the provision of legal advice by such counsel, specifically regarding a dispute with a vendor regarding the procurement of a specialized motor vehicle designed for use for public safety purposes. •Pursuant to Virginia Code Section 2.2-3711(A)(1), for personnel matters, specifically the annual evaluations of the County Administrator and the County Attorney.

1. 7:00 p.m. Regular Meeting Call to Order

2. Invocation

3. Pledge of Allegiance

4. Adoption of Agenda

5. Citizen Comments – For agenda items that are not the subject of a Public Hearing 6. Consent Agenda Roll Call Vote Required

6.A. Minutes of Regular Meeting of May 27, 2020

MinutesBOS200527.pdf

6.B. Public Works Committee Report of May 26, 2020

PublicWorks05-26-20 COMMITTEE REPORT.pdf

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Consent Agenda, continued 6.C. Parks and Recreation Commission Report of May 26, 2020

ParksRecCommissionReportMay2020.pdf

6.D. Road Resolution For Additions to the Secondary System of State Highways - Snowden Bridge Section 4

RoadResolutionSnowdenBridgeSect4.pdf

6.E. Road Resolution For Additions to the Secondary System of State Highways - Snowden Bridge Section 7

RoadResolutionSnowdenBridgeSect7.pdf

6.F. Road Resolution For Additions to the Secondary System of State Highways -

Belleview Farm

RoadResolutionBellevilleFarm.pdf

6.G. Request by 26th Court Services Unit of the Department of Juvenile Justice for Transfer of Funds

TransferFundsRequestFromDeptJuvenileJustice.pdf

6.H. Extension of Declaration of Local Emergency for Covid -19 Pandemic

Local Declaration Extension COVID-19_FINAL - 2020 06.pdf

7. Board of Supervisors Comments

8. County Officials

8.A. Committee Appointments

Community Policy and Management Team (CPMT)

2-year term of Dawn C. Robbins, Parent Representative expires 6/30/20

The CPMT recommends the reappointment of Ms. Robbins.

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8.A. Committee Appointments, continued

Development Impact Model Oversight Committee

The following are recommended by the Chairman for appointment to 1-year terms:

Kris C. Tierney -County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Judith McCann-Slaughter -Board of Supervisors and EDA Representative Christopher Mohn -Planning Commission Representative John Jewell -Planning Commission Representative Stephen Pettler -Top of Virginia Building Assoc. Rep. Rob Frogale -Top of Virginia Building Assoc. Rep. Frank E. Wright (appointed as the School Board's Representative in Jan. 2020)

Frederick-Winchester Service Authority 3-year term of Frederick County member Wellington Jones expires 8/31/20

Mr. Jones does not wish to serve another term. See attached application of Gary Oates.

3-year term of At-Large member James R. Wilkins, III expires 8/31/20 Joint Appointment with City of Winchester. Mr. Wilkins is eligible and willing to serve another term.

BoardCommitteeAppts(061020BdMtg).pdf

8.B. Proposed Amendment to FY 20-21 Budget

Supervisor Dunn would like to offer an amendment to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget.

BlaineDunnBudgetAmendReasons.pdf

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County Officials, continued

8.C. Discussion: Proposal for a Joint Board of Supervisors-School Board Meeting

Supervisor Dunn proposes a joint meeting and/or retreat in July 2020 to discuss broad educational issues including budgets, means to raise revenue to address a growing population in Frederick County, and/or other issues of concern to members of either the Board of Supervisors or the School Board.

BlaineDunnJointBoardOfSupervisorsSchoolBoardWorkMeeting.pdf 9. Committee Business

9.A. Shawneeland Sanitary District Budget for Fiscal Year 2021

At the May 26 Public Works Committee meeting, staff presented updated information concerning the proposed FY21 budget for the Shawneeland Sanitary District. Following additional input from the Shawneeland Sanitary District Advisory Committee, the Public Works Committee unanimously recommends approval of the proposed budget identified as scenario 2A (attached). ProposedShawneelandBudget26May2020.pdf

10. Public Hearings (Non Planning Issues)

10.A. Ordinance Regarding Continuity of Operations of Frederick County Government.

Proposed Extension of Emergency Ordinance Enacted on April 8, 2020, Making Provision for the Temporary Reduction in the Number of Meetings of Frederick County Boards, Commissions, and Committees and Making Provision for Remote Participation by Members of Frederick County Boards, Commissions, and Committees in Meetings of those Bodies as Do Take Place. This Ordinance is Pursuant to the Provisions of Virginia Code Section 2.2-3708.2(A) and Would Expire on October 7, 2020. ContinutityOfOperationsOrdinance.pdf

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Board of Supervisors Regular Meeting Agenda Page 5 June 10, 2020 11. Planning Commission Business - Public Hearings

11.A. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.19. Telecommunication facilities, commercial.

Revision to the Frederick County Zoning Ordinance to Reduce the Fee for a Conditional Use Permit for Commercial Telecommunication Facilities.

OrdAmendDevelopmentReviewFees.pdf

11.B. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article I General Provision; Amendments; and Conditional Use Permits; Part 101 General Provisions, §165-101.08 Violations and penalties; enforcement.

Revision to the Frederick County Zoning Ordinance to Maximize the Penalties for Zoning Violations.

OrdAmendZoningViolationsAndPenalities.pdf

12. Planning Commission Business - Other Planning Business 13. Board Liaison Reports

14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Minutes of Regular Meeting of May 27, 2020

Attachments:MinutesBOS200527.pdf

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MINUTES REGULAR MEETING

FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 27, 2020

7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA

ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber; J. Douglas McCarthy; and Judith McCann-Slaughter; were present. Gene E. Fisher participated remotely from his home, doing so as a medical precaution on account of the COVID-19 pandemic.

Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Andrew Farrar, IT Program Coordinator; Seth Thatcher, Commissioner of the Revenue; Mike Ruddy, Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner; Cheryl Shiffler, Director of Finance; Jason Robertson, Director of Parks and Recreation; Jon Turkel, Assistant Director of Parks and Recreation; Denny Linaburg, Fire Chief; Steve Majchzrak, Assistant Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.

CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m.

INVOCATION Supervisor McCarthy delivered the invocation.

PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance.

APPROVAL OF REMOTE PARTICIPATION Remote meeting participation by Supervisor Fisher was approved on a voice vote following

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the motion by Supervisor McCarthy, seconded Supervisor Dunn. ADOPTION OF AGENDA – APPROVED

Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was adopted as presented on a voice vote.

CITIZENS COMMENTS - None ADOPTION OF CONSENT AGENDA – APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Wells, the consent agenda was adopted as presented 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 Regular Meeting of May 13, 2020 - CONSENT AGENDA APPROVAL - Finance Committee Report of May 20, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Shenandoah Sheds– $3,625.86 US Bank NA – $4,939.38 - Acceptance of the County’s Share of Coronavirus Relief Find Payments - CONSENT AGENDA APPROVAL - Adoption of Updated Rules of Procedure and Conduct - CONSENT AGENDA APPROVAL

RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003

ARTICLE I – MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [Amended 01/09/19] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors’ Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman

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later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced; Rescission of Previous Actions [Amended 05/27/20] At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced at that meeting, the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. If the Board approves the motion to reconsider, the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board, the Board may not rescind any motion, resolution, ordinance, or question announced at a previous meeting, except and unless: -The action at issue is practically capable of being rescinded (e.g., a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter; and either

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-If the Board member has given notice of intent to make the motion to rescind, either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion, and such motion to rescind receives the affirmative vote of a majority of the members present at the time such motion to rescind is presented; or -If the Board member has not given such notice of intent to make the motion to rescind, the motion to rescind receives the lesser of (i) the affirmative vote of a majority of the members (including those not present at the time such motion to rescind is presented) or (ii) the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. If the Board approves a motion to rescind, the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter, but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board. If the matter was the subject of a public hearing, approval of the motion to rescind shall require the readvertising and reopening of the public hearing at a subsequent meeting of the Board, before the Board may take further action on the matter. Section 1-9. Robert’s Rules of Order; Suspending Rules [Amended 09/14/11] [Amended 02/14/18] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert’s Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II – GENERAL CODE OF CONDUCT [Added 5/27/20] Section 2-1. General Conduct A. Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B. Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods.

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2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Section 2-2. Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. C. Board members’ interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member. Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance, will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters, unless the full Board authorizes disclosure, or unless such matter has become a part of the public record, and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H. The Board recognizes that documents related to County Business, including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I. When responding to the media, Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate, the Public Information Officer will assist in communications with citizens and the media. J. If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board, officially censure that member. Article III - OFFICERS Section 3-1. Chairman and Vice Chairman [Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker’s comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their

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presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker’s right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 3-3. Clerk [Amended 05/27/20] The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV – AGENDA Section 4-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 5-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice [Amended 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors’ meeting room. Section 4-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V - CONDUCT OF BUSINESS Section 5-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amended 02/14/18]; [Amended 08/08/18]; [Amended 05/27/20] At meetings of the Board, the order of business should be as follows: Closed Session (When Required)

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Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings – Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3. Consent Agenda The Consent Agenda shall be introduced by a motion “to approve the Consent Agenda,” and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 5-4. Citizen Comments Period [Amended 4/14/04] [Amended 01/10/18]; [Amended 02/14/18]; [Amended 05/27/20] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their Magisterial District of residence prior to their comments. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period.

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Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk’s hands not later than the agenda deadline specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI - PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business [Amended 05/27/20] For public hearing items, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Comment (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor’s and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment [Amended 05/27/20] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided.

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Prior to commencing public comment, the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members’ Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII - CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is

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contrary to this section will be removed as provided for in section 3-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 7-4. Name and Magisterial District of Residence [Amended 02/14/18] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker’s authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits [Amended 05/27/20] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration [Amended 02/14/18] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VIII – APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board’s standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee

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Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18]; [Amended 08/08/18] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member’s respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator’s Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2. Applications must be received in the County Administrator’s Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX – Electronic Devices [Added 05/27/20] Section 9-1. Devices Use of County-issued computers, tablets, and other devices and use of County email accounts shall be for County business purposes only. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act (FOIA) and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members, respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. Article X – AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04)

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(Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) (Amended: 05/27/20)

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BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS:

MICHAEL LAKE REAPPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD OF DIRECTORS – APPROVED

Supervisor Graber moved to appoint Brandon Monk to the Lord Fairfax Community College Board. The motion, seconded by Supervisor Dunn, failed on a roll call 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

Supervisor Slaughter moved to appoint Michael Lake to the Lord Fairfax Community

College Board. The motion, seconded by Vice Chairman Wells, carried on a roll call vote as follows: Blaine P. 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 PROPOSED AMENDMENT TO FY 20-21 BUDGET – DISCUSSION POSTPONED UNTIL THE NEXT MEETING Supervisor Dunn moved to withhold $4.8 million in FY21 until it is known if the County will actually have the projected revenue that was outlined in the adopted budget. Supervisor McCarthy seconded the motion.

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Vice Chairman Wells suggested postponing the discussion until the next meeting when more will be known about revenues. Supervisor Dunn explained his reasoning for the motion and agreed to withdraw his motion. Supervisor McCarthy, having provided the second, concurred with the motion’s withdrawal. DISCUSSION OF SPECIAL EVENT CENTER CONDITIONAL USE PERMITS Supervisor Dunn, the Board, and staff discussed Special Event Centers and Conditional Use Permits for such uses and updating the comprehensive plan. By consensus, the Board agreed to seek a joint meeting with the Planning Commission to continue the discussion and consider additional items of interest to the Board Members.

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COMMITTEE BUSINESS FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: -The IT Director requests a General Fund supplemental appropriation in the amount of $23,897. This amount represents reserved PEG funds to be used for a wireless microphone system for the BOS meeting room ($22,190) and additional funds needed for remainder of the current year maintenance service contract of the Granicus system ($1,707). PEG funds are reserved and restricted only to purchases related to meeting broadcasts. -The Voter Registrar requests a General Fund supplemental appropriation in the amount of $42,640. This amount represents funds needed for the June Republican primary election. -The WRA Director requests an Airport Fund (fund 17) supplemental appropriation in the amount of $69,000. This amount represents funds received from the CARES Act. -The Public Work Director requests an FY21 General Fund supplemental appropriation in the amount of $250,000, or less if FY20 ending balance is not sufficient. This amount represents a

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carry forward of unspent FY20 funds for the completion of the replacement Albin Citizen Convenience Center. Any unspent funds in FY21, after project completion, will be returned to the General Fund. -The Victim Witness Director requests a General Fund budget transfer in the amount of $10,000 for the purchase of a copier and promotional materials (pending state approval). Transfer policy requires BOS approval when transferring out of fringe line items. -The F&R Chief requests a General Fund supplemental appropriation in the amount of $28,150 (pending grant award). This amount represents a VDEM grant for 2 portable decontamination systems. -The F&R Chief requests a General Fund revenue appropriation in the amount of $60,000 (pending grant award). This amount represents a VDEM grant for Rescue Task Force protective equipment. -The DSS Director requests a General Fund supplemental appropriation in the amount of $315,500. This amount represents yearend adjustments to bring the County budget in line with the State budget and reflects a $49,395 reduction in local dollars. -The Sheriff requests a General Fund supplemental appropriation in the amount of $3,955. This amount represents the sale scrap metal, which will be used for items at the firing range. -The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. This amount represents funds received from the ICAC grant in excess of budgeted. -The Sheriff requests a General Fund supplemental appropriation in the amount of $6,587.69. This amount represents insurance reimbursements for auto claims.

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

Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director requests a General fund supplemental appropriation in the amount of $118,883. This amount represents proffer funds to construct a trail around Lakeside Lake behind the Bowman Library. This item has been approved by the Parks & Recreation Commission at their March 11, 2020 meeting. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows:

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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 Transportation Director

requests a Development Projects Fund (fund 27) supplemental appropriation in the amount of $2,253,614. This amount represents change orders and project management for Crossover Blvd. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. 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 WRA Director requests an

Airport Capital Fund (fund 85) FY21 budget appropriation in the amount of $2,334,000 and a General Fund supplement appropriation in the amount of $414,376 representing the local portion. $362,000 of the local portion is a carry forward of unspent FY20 Airport Capital. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. 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 EMS Billing Manager requests an EMS Expense Recovery Fund (fund 30) supplemental appropriation in the amount of $225,000. This amount represents anticipated revenue in excess of budgeted revenue. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. 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 F&R Chief requests a General Fund supplemental appropriation in the amount of $81,474.73 (pending grant award). This

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amount represents an AFG supplemental grant via the CARES Act. Due to the grant application deadline, the application the application was previously administratively authorized. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. 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 Finance Director requests an FY21 NRADC Fund budget reduction in the amount of $440,010. This amount is from the elimination of the merit/COLA. The FY21 budget resolution reflects the reduction for the County’s share of the amendment. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $34,100. This amount represents funds received for traffic control in excess of budgeted revenue, which will be used for overtime. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $31,443 (pending grant award) for a Student, Teachers and Officers Preventing School Violence Program grant. Of this amount, $10,481 are local funds representing the grant’s 25% matching requirement. Due to COVID-19 forcing the cancellation of the March Finance Committee meeting, combined with the grant application deadline, approval to apply for a BJA grant for a 3D scanner the application was previously

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administratively authorized. The motion died for lack of a second. Supervisor Slaughter moved for approval of the following: The Sheriff requests a General

Fund supplemental appropriation in the amount of $15,397.22 ($11,998.80 pending receipt of funds). This amount represents overtime reimbursements from the DEA. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

Supervisor Slaughter moved for approval of the following: The Sheriff requests a General

Fund supplemental appropriation in the amount of $21,078.58. This amount represents reimbursements from the IRS for overtime, travel, vehicle maintenance, and equipment. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $80,000. This amount represents an expected shortfall for overtime. She further moved to direct staff to work with the Sheriff on factors contributing to overtime. Vice Chairman Wells seconded the motion.

Supervisor Dunn moved to amend the motion to reduce the Sheriff’s budget for next year in the amount that is over budget for the current year. Supervisor McCarthy seconded the motion which failed on a recorded vote as follows:

Blaine P. 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

Following discussion with staff, the Board agreed by consensus to wait until the

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Finance Department can provide further information about the overtime shortfall before acting on the appropriation. Supervisor Slaughter withdrew her motion for approval. Vice Chairman Wells, having provided the second, concurred with the motion’s withdrawal.

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PUBLIC HEARINGS (NON PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF TYLER WAKEMAN – PEAK LEAF MUSIC & BREWERS FESTIVAL – APPROVED County Administrator Tierney discussed the festival permit request for the event on Saturday, October 3, 2020, from 12:00 Noon until 7:00 PM, on the Grounds of the property at 7180 Valley Pike, Middletown, Virginia. He said this will be the third year the festival is held and that no issues have been reported in previous years. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of the Outdoor Request of Tyler Wakeman – Peak Leaf Music & Brewers Festival. Supervisor McCarthy seconded the motion which carried on a voice vote.

+ + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS – PUBLIC HEARINGS CONDITIONAL USE PERMIT #01-20 FOR J K LEE SERVICES – APPROVED Mark Cheran, Zoning & Subdivision Administrator, discussed the application submitted for the expansion of an existing Assisted Living Structure adding six (6) beds at the property located at 549 Valley Mill Road, Winchester, Virginia. He noted that the Applicant was in attendance in case the Board wished to ask questions.

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The Board and Mr. Cheran discussed the application. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing.

Supervisor Dunn moved for approval of Conditional Use Permit #01-20 for J K Lee Services. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. 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 #01-20

J K LEE SERVICES EXPANSION OF EXISTING ASSISTED LIVING FACILITY

WHEREAS, Conditional Use Permit #01-20 for J K Lee Services, submitted for an expansion to an existing assisted living structure (currently approved with CUP #22-04) to add six (6) additional resident rooms, bringing the total rooms to 40, was considered. The property is located at 549 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on May 6, 2020 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on May 27, 2020; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion to a Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #01-20 for the addition of six (6) resident rooms, bringing the total permitted residential rooms for this facility to 40 on the parcel identified by Property Identification Number 55-A-56 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Applicant must comply with all requirements of the State and County codes pertaining to adult care facilities at all times. 3. Any expansion or modification of this use shall require approval of a new site plan and a Conditional Use Permit.

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PLANNING COMMISSION BUSINESS – OTHER PLANNING BUSINESS MASTER DEVELOPMENT PLAN 02-20 - HERITAGE COMMONS – PRESENTED TO THE BOARD FOR INFORMATION Tyler Klein, Senior Planner, reviewed the Master Development Plan (MDP) for Heritage Commons saying it appeared to be consistent with the approved Rezoning (REZ) application #10-15 (proffers) and with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance. He said the MDP is in a form that is administratively approvable and following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of any comments from the Board, staff is prepared to proceed to approval of the application.

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PROPOSED ORDINANCE AMENDMENT-DEVELOPMENT REVIEW FEES FOR COMMERCIAL TELECOMMUNICATIONS FACILITIES CUPS – FORWARDED TO PLANNING COMMISSION PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed amendment to Chapter 165 – Zoning Ordinance and to the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing. The Board and staff discussed the number of applications for towers received while the fees had been reduced temporarily as well as the proposed fee structure. Supervisor Fisher suggested the matter be sent back to the Planning Commission for further work on the fee structure.

Supervisor Graber moved to direct the Planning Commission to hold a Public Hearing regarding Chapter 165, Zoning, Article II, Supplementary Use Regulations; Parking; Buffers; And Regulations For Specific Uses, Part 204 – Additional Regulations For Specific Uses, §165-204.19. Telecommunication Facilities, Commercial, to set the application fee for a standard process project at $750. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells Aye

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J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

RESOLUTION

DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING

ARTICLE II

SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES

PART 204 – ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.19. TELECOMMUNICATION FACILITIES, COMMERCIAL

WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to the applicable section pertaining to development review fees for conditional use permits for commercial telecommunication facilities.

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PROPOSED ORDINANCE AMENDMENT - ZONING ENFORCEMENT, VIOLATIONS AND PENALTIES – FORWARDED TO PLANNING COMMISSION PUBLIC HEARING

Tyler Klein, Senior Planner, reviewed the proposed ordinance revisions to maximize the penalties for zoning violations. He said staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment and/or if the amendment is ready to be sent forward for Public Hearing.

The Board and staff discussed the proposed revision. Supervisor McCarthy moved to direct the Planning Commission to hold a Public Hearing

regarding Chapter 165, Zoning, Article I, General Provisions; Amendments; And Conditional Use Permits, §165-101.08 Violations And Penalties; Enforcement. Supervisor Graber seconded the

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motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye

RESOLUTION

DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING

CHAPTER 165, ZONING

ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND

CONDITIONAL USE PERMITS §165-101.08 VIOLATIONS AND PENALTIES; ENFORCEMENT

WHEREAS, an ordinance to amend Chapter 165, Zoning to: Revise the current ordinance, to maximize the penalties for zoning violations. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Frederick County Board of Supervisors finds that, in the public necessity, convenience, general welfare, and good zoning practice, it directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding amendments to applicable section pertaining to Zoning Enforcement, Violations, and Penalties.

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Vice Chairman Wells reviewed the post-pandemic reopening plans discussed by the Parks and Recreation Commission at its most recent meeting.

Supervisor Dunn discussed pandemic issues affecting the Handley Library and the Tourism Board.

CITIZEN COMMENTS - None

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BOARD OF SUPERVISORS COMMENTS In reference to the statewide pandemic restrictions imposed by the Governor, Supervisor Dunn said the state needs to be opened up so that citizens can return to work. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:41 p.m.

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Public Works Committee Report of May 26, 2020

Attachments:PublicWorks05-26-20 COMMITTEE REPORT.pdf

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Tuesday, May 26, 2020 8:00 a.m.

Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA

PUBLIC WORKS COMMITTEE ATTENDEES:

Committee Members Present: J. Douglas McCarthy; Robert W. Wells; Whitney “Whit” L. Wagner; Harvey E. “Ed” Strawsnyder, Jr.; and Gary E. Longerbeam

Committee Members Absent: Gene E. Fisher

Staff and others present: Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Rod Williams, County Attorney; Kevin Alderman, Shawneeland Manager; Scott Varner, IT Director; Jay Tibbs, Deputy County Administrator; Shawn Graber, Back Creek Supervisor

Attachment 1 – Agenda Packet

ITEMS REQUIRING ACTION

1-Shawneeland Sanitary District Budget for Fiscal Year 2021

Staff presented updated information concerning the proposed FY21 budget for the Shawneeland Sanitary District. On Monday, May 18, 2020, a special meeting was held by the Shawneeland Sanitary District Advisory Committee (SSDAC) to discuss the FY 2021 budget. Attachment 1 in the agenda packet is a summary of the meeting including documentation from SSDAC recommending budget 2A which is attachment 2 in the agenda packet.

Therefore, committee member Strawsnyder made a motion to recommend approving budget option 2A. The motion was seconded by Supervisor Wells. The committee unanimously approved the motion. This recommendation will be sent to the June 10, 2020 Board of Supervisors meeting for consideration and approval.

ITEM FOR INFORMATION ONLY

1-Discuss reimbursement request for Animal Shelter

As stated in the agenda packet attachment 3, the Animal Shelter requests that funds in the line item 10-4305-3002-00, Professional Services-Engineering and Design totaling $15,341.00 be placed back into the 1034 donation fund.

Therefore, committee member Strawsnyder made a motion recommending this request. The motion was seconded by committee member Longerbeam. The committee unanimously recommended the motion. This request shall be sent to the Finance Committee for further consideration.

As suggested by the committee, if an opportunity to rebid this project becomes available due to changes in the local economy, we may rebid the project later this year. 31

2-Update current solid waste impacts from Covid-19

As shown in attachment 4 of the agenda packet, we have seen a 20% increase in solid waste disposal by citizens due to many people being home and cleaning up around their property.

3-Update on current Public Works projects

a. Albin Convenience Center Replacement – Currently, work is on-going at the SFW – old busshop located off Indian Hollow Road. We anticipate completion in July 2020.

b. Crossover Boulevard Road Project – Currently, the contractors continue to construct theroad and bridge. They have begun placing concrete on the bridge deck. It is anticipated thatthe bridge will be completed by late summer. The road project is ahead of schedule. Theanticipated completion date is September 10, 2021.

c. Landfill MSW cell development – Our contractor continues to excavate soil and rockmaterial from our next 10-acre MSW Landfill cell. We anticipate constructing the liner systemin 2022.

4-Sunnyside Plaza updates

Due to on-going Covid-19 budget cuts, the design for additional office space at the recently acquired Sunnyside Plaza is on hold. As a follow up for additional information regarding option #4, our consultant, OWPR did some preliminary work and cost estimates showing site development with no parking deck. Attached are slides showing some layouts and cost estimates for option #4 using Sunnyside Plaza and some options using the old Aylor Middle School as a possible office space. (Attachment 2)

It was agreed that further discussion and design work for the use of Sunnyside Plaza will be put on hold for several months or longer until the county can assess the state of the economy and budget due to the on-going pandemic.

Respectfully submitted, Public Works Committee

J. Douglas McCarthy, ChairmanRobert W. WellsWhitney “Whit” L. WagnerGene E. FisherHarvey E. “Ed” Strawsnyder, Jr.Gary E. Longerbeam

By ____________________ Joe C. Wilder Public Works Director

JCW/kco 32

Attachments: as stated

cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Rod Williams, County Attorney Kevin Alderman, Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of SupervisorsGloria Puffinburger, Solid Waste ManagerRon Kimble, Landfill Manager Kathy Whetzel, Animal Shelter Managerfile

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107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000

MEMORANDUM

TO: Public Works Committee

FROM: Joe C. Wilder, Director of Public Works

SUBJECT: Meeting of May 26, 2020

DATE: May 22, 2020

There will be a meeting of the Public Works Committee on Tuesday, May 26, 2020 at 8:00 a.m. in the Board of Supervisors meeting room located on the first floor of the north end of the County Administration Building at 107 North Kent Street. The agenda thus far is as follows:

1. Discuss and recommend budget for Shawneeland Sanitary District for FY 2021(Attachment 1)(Attachment 2)

2. Discuss reimbursement request from Animal Shelter(Attachment 3)

3. Update on current solid waste impacts from COVID 19(Attachment 4)

4. Update on current Public Works projects

5. Sunnyside Plaza updates

6. Miscellaneous Reports and Documents:

a. Tonnage Report: Landfill(Attachment 5)

b. Recycling Report(Attachment 6)

c. Animal Shelter Dog Report:(Attachment 7)

d. Animal Shelter Cat Report(Attachment 8)

JCW/kco

Attachments: as stated

Attachment 1

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RE: Shawneeland Fiscal Year 20-21 Budget. May 19 2020

Dear Mr. Wilder,

I am sending this letter to report back from the Shawneeland Sanitary District Advisory Committee as the Board of Supervisors allowed us to do with the concerns and input on the fiscal year 20-21 Shawneeland budget.

Last night we held a special meeting to discuss and allow citizens to make comments about the subject budget. The citizens were given multiple ways to submit their input/concerns. I worked with Karen Vacchio for the county to establish a link on the county’s website for the citizens to submit their input/concerns by email. In addition, there was an email link created to submit input/concerns directly to Michelle Springer or Karen Vacchio. Citizens were given the chance to speak at last night’s meeting with the guidance set forth. We had five (5) individuals who chose to speak during the public comments session of the meeting. Additionally, three (3) emails were submitted and copies of the emails were provided to all of the SSDAC members. We had a very good discussion on the issues with the budget. The committee voted and with a 3 /2 vote it was decided that we would like to move forward with Budget Proposal 2A. Which is the same we voted on back in December with no fee increase. The two budgets we discussed were 2A 2D. I thank you for all support in this matter the citizens of Shawneeland appreciate and Thank You....as well.

Sincerely, Committee Chairman Jimmy Smith

Attendance: Jimmy Smith, Barry Van Meter ,Jeff Stevens , Ken Baker, Jason Croasdale (by phone call in) Kevin Alderman , Joe Wilder, Shawn Graber.

SHAWNEELAND SANITARYDISTRICT. ADVISORY COMMITTEE

Attachment 1

35

Below is the comments which we heard last night along with committee member thoughts. I also included the emails that come through.

Lynne and Brian Schmitt:

Brian:  Does not want a fee increase.  Thinks there is mismanagement of budget.  Instead of sole sourcing work to single contractor, feels that Shawneeland, and/or the County should put the work out for "Bid".

Lynn: Does not want a fee increase.  Thinks Shawneeland/County should impose a $2K selling fee on every home sold, which would go towards the budget.  Thinks that Shawneeland should have input on future budgets.  Feels that residents wants to know what the maintenance crew does.

Gregory Kerns: Resident since 1997.  Owns two houses and two additional lots in Shawneeland.  Has seen a lot of improvements over the years he has lived here and thinks that the Shawneeland grounds are in the best shape ever.  He supports the hard work of the maintenance crew and approves of the way Kevin manages things.  The crew keeps the roads and public areas in great shape and he has not seen any inappropriate acts from any of them.  Believes that budget cuts will cost Shawneeland overall because appearance and condition of the community will be degraded.

George Bishop: Resident for 6 years.  Thinks maintenance crews are doing a good job. Feels that speeding is an issue, with people driving 50mph in a 25mph zone.  Need to put a stop to this.

Jim Martin: Heard about possible cuts to staff and does not support this.  Fully supports what the crew is doing and thinks they do an excellent job. Doesn't understand what exactly a Sanitary District is.

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Committee Members

We need to keep the tar and chip program we should continue this year.Ken Baker

Budget concerns moving forward:• transparency& following the chain of command during budget

process• generating an explainable budget with supporting documents (line by

line) from SSD Manager• balanced budget. We can’t keep deficit spending. This concern

alone had me considering a different vote.• Jason Croasdale

Want to watch budget through the year since the tax revenue is unsure of on the second half of this year.Barry Van Meter

Proactive on things now to prevent higher cost in the future .We as a committee along with help from Kevin Aldermen and Joe Wilder will be working on things to educate the information to the citizens with total transparency. Jimmy Smith

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Emails sent in

Good Afternoon Mr. Croasdale, Mr. Van Meter, Mr. Stevens, Mr. Baker and Chairman Smith:I wanted to voice my support of the option for the subject proposed budget that was originally approved by the public works committee during their regularly scheduled meeting held Tuesday, February 25, 2020; and subsequently, has been under discussion at the various Shawneeland Sanitary District Advisory Committee (SSDAC) and Frederick County Board of Supervisors’ meetings. I hope that the SSDAC meeting on Monday, May 18,2020 will be the final meeting on the proposed budget and that the option I’ve listed above will be recommended for approval by both the public works committee and the board in their next meetings. This proposed budget option includes no sanitary district fee increase, no reduction of sanitary district staff as well as returning the amount allocated for snow removal in the current fiscal year budget to the reserve fund to bring it back up to where it needs to be. I respectfully request that the SSDAC recommends approval of the proposed budget option.This is the first time that I can remember a Shawneeland budget taking so long to be approved. In my humble opinion, it’s scary to think that if this were to continue, there would be a possibility that there might not be a working budget for the upcoming fiscal year. I don’t

know if that could actually happen, but if it did, what would that do to Shawneeland?My husband and I have lived in Shawneeland since 2007 and have been very satisfied with the services provided by the staff. They work hard behind the scenes as well during emergency situations such as major snow storms and when we have high wind storms. During the latter they're out ensuring that if trees have come down onto the roads they're cutting them up and moving them out of the way so that both emergency personnel as well as residents have means of ingress and egress.In addition, I would like to say that I worked for the county for 30 years, the majority of which were with public works (as you are aware, Shawneeland is an entity that falls under public works), l have somewhat of an understanding of how things work. I can also see where some of the residents that live here are coming from. I'm not the county's representative, but I do my best to try and explain certain things they bring up during the Sanitary District meetings in an attempt to help them understand. Sometimes it works and sometimes it doesn't. I try to look at

38

things from both sides to help me make my decisions. I would also like to say that because of my time with public works, I know that there is a lot of necessary maintenance/work that the staff performs up here that many residents are totally unaware of. This may be where some of the confusion comes from.Thank you for your time and consideration in this matter. Rhonda Sargent

Neila HarriganAddress622 Shawnee TrailMagisterial DistrictBack CreekCommentsThis year (20-21) NO tax increases, NO cut in staff. Going forward we the homeowners of Shawneeland need to have more of a voice in how the Public Works and the Board of Supervises spend our tax payer’s money. We (home owners) need to work with the Shawneeland Sanitary District Advisory Committee on ways to cut items from the budget. I am submitting to you just a few of my ideas. 1. Back in the late 1900 the Park and Rec wanted to take over the maintenance of the lake/beach, but the Advisory board at that time thought that being that the beach would need to be open to the public it decided against it. (Now isn’t funny that we have the public using the beach and there is nothing we can do about it). The lake /beach cost the tax payers over $9,000 per year that benefits 10 to 15 % of the homeowners. 2. Look into finding a sponsor to buy fish for the fishing derby. What we raise is what we spend. That again only benefits a small percentage of the homeowners. 3. Look into the cost of cleaning supplies for the office. I use water, vinegar and blue dawn soap mixture that cost very little and does a great job. 4. Do away with the portable toilet at the office. 5. Frederic County at one time wanted to take over putting up signs, let’s go with that. Saving more money. 6. Raise tax on unimproved lots, they benefit from the well maintained roads and common area. 7. Look into finding a way to bill the heavy trucks using our roads. This is just a short list of items that I have come up with, and I am sure with everyone working together we could come up with a lot more. One thing that bothers me is your line items on the budgets. In my limited bookkeeping every item should be a line. Example: with the beach, sand, water testing, cutting the grass or removing trash. They all have a cost. The way it is now, it is like you are trying to hide what it cost to do business. Thank you

39

for your service, looking forward working with SSDAC Neila Harrigan 622 Shawnee trailThank you,Frederick County

FCVA,

There has been a lot of discussion lately regarding the Shawneeland 2021 budget.  As a Shawneeland homeowner (2 properties) and resident,my familyI do not think any reduction in in the budget is necessary.  The Services provided by Mr. Alderman and his crew, are exemplary, and I have concerns that any sort of budget cut would directly affect the quality service that is being provided and would have a negative effect on the quality of life in the community, which would directly affect new families coming into the community, and would negatively affect property values.

I hope you consider these views while discussing any budget cuts.

V/r, Kenneth Baker399 Hardwood TrailWinchester, VA 22602

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Attachment 2-Scenario 2A

41

42

Attachment 2-Scenario 2A

43

44

45

46

47

48

_________________ __________FREDERICK COUNTY - ANIMAL SHELTER

Kathy M. Whetzel Shelter Manager

540/667-9192 ext. 2502 FAX 540/722-6108

E-mail: kwhetzel@fcva.us

MEMORANDUM

TO: Joe Wilder, Director of Public Works

FROM: Kathy M. Whetzel, Shelter Manager

SUBJECT: FY20 Unused Donation Funds

DATE: 5/19/20

________________________________________________________________________

The Shelter is requesting a reimbursement from line item 10-4305-3002-02 Professional Services – Engineering and Design, in the amount of $15,341.00, and for those funds to be placed back into 1034 donation fund. All the funds for this project were from the Animal Shelter’s donation fund.

The unspent funds were appropriated for the design and construction portion of the new shelter training facility building that was recently bid. The project could not move forward due to extremely high construction costs. Currently, the project is inactive.

We are seeking approval of this request and that it be forwarded to the Finance Committee for further review and consideration.

Please contact me if you have any questions.

KMW:hag

Attachment 3

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107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000

MEMORANDUM

TO: Joe Wilder, Director

FROM: Gloria Puffinburger, Solid Waste Manager

SUBJECT: COVID19; Impacts to Solid Waste Collection

DATE: May 18, 2020

Nationally, Waste Management Inc. and Republic Services report a 25 percent hike in the demand for residential refuse collection and

disposal, while demand for commercial services has fallen sharply as businesses and factories slow or curtail services altogether in

compliance with government guidance.

At the local level, the landfill and all neighborhood convenience sites have experienced a significant increase in vehicle traffic and

residential trash/recycling flow during March and April, increasing hauling costs. Trash is being collected more often and some sites

are still forced to close early on Sundays, attesting to the demand for greater residential trash. In general, the neighborhood

convenience sites have generated an 11 percent increase in trash tonnages compared to March (see chart). This upward trending is

expected to continue through the end of the fiscal year.

Spring is generally a very busy time, but residents with extra time at home have taken the opportunity to clean out garages and attics

and trim brush, compounding the traffic at the landfill citizens’ center.

On the disposal side, the Construction/Demolition Debris Landfill has remained steady, a reflection of local building activity. While

commercial waste has dipped, the overall amount of trash disposed at the local landfill is moving upward and outpacing last year’s

tonnages. As of the end of April, the average tonnage disposed was 16,870 tons, an increase of 276 tons over the same period during

Fiscal Year 18/19.

Location March Tonnage April Tonnage

Landfill 1286.68 1776.32Albin 183.22 177.42Greenwood 195.85 187.83Stephenson 187.03 182.45Middletown 167.46 151.28Double Toll Gate 167.31 147.02Shawneeland 133.62 140.75Round Hill 96.3 89.86Gore Can Site 44.25 48.0Star Tannery Can Site 10.5 13.87

TOTAL TONNAGE 2570.6 2860.09

% INCREASE ≈11 PERCENT

Attachment 4

50

MEMORANDUM

TO: Public Works Committee

FROM: Joe C. Wilder, Director of Public Works

SUBJECT: Monthly Tonnage Report - Fiscal Year 19/20

DATE: May 18, 2020

The following is the tonnage for the months of July 2018 through June 2020, and the average monthly tonnage for fiscal

years 03/04 through 19/20. FY 03-04: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS)

FY 04-05: AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS)

FY 05-06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS)

FY 06-07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS)

FY 07-08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS)

FY 08-09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS)

FY 09-10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS)

FY 10-11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS)

FY 11-12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS)

FY 12-13: AVERAGE PER MONTH: 12,065 TONS (UP 52 TONS)

FY 13-14: AVERAGE PER MONTH: 12,468 TONS (UP 403 TONS)

FY 14-15: AVERAGE PER MONTH: 13,133 TONS (UP 665 TONS)

FY 15-16: AVERAGE PER MONTH: 13,984 TONS (UP 851 TONS)

FY 16-17: AVERAGE PER MONTH: 14,507 TONS (UP 523 TONS)

FY 17-18: AVERAGE PER MONTH: 15,745 TONS (UP 1,238 TONS)

FY 18-19: AVERAGE PER MONTH: 16,594 TONS (UP 849 TONS)

FY 19-20: AVERAGE PER MONTH: 16,870 TONS (UP 276 TONS)

MONTH FY 2018-2019 FY 2019-2020

JULY 17,704 17,956

AUGUST 18,543 17,267

SEPTEMBER 14,799 17,985

OCTOBER 18,158 22,528

NOVEMBER 15,404 17,304

DECEMBER 14,426 14,362

JANUARY 13,973 14,913

FEBRUARY 12,764 13,380

MARCH 17,079 15,533

APRIL 20,313 17,475

MAY 19,443

JUNE 16,519

JCW/gmp

Attachment 5

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RECYCLING REPORT - FY 19/20

AL STEEL

MONTH GLASS PLAST CANS CANS PAPER OCC SHOES/TEX ELEC SCRAP TOTAL

JUL 0 51,239 7,345 10,419 101,420 65,520 52,480 307,920 596,343AUG 30,500 5,450 8,699 70,040 100,240 20,980 28,300 280,080 544,289SEP 174,840 3,903 4,937 58,100 68,350 57,500 232,140 599,770OCT 18,340 3,832 5,714 60,180 95,000 5,100 27,800 290,020 505,986NOV 26,440 2,640 4,135 91,720 93,580 40,060 198,600 457,175DEC 13,600 41,440 80,460 5,480 31,180 161,960 334,120JAN 12,560 14,200 13,210 108,150 89,240 28,760 193,280 459,400FEB 22,060 3,360 33,660 89,200 5,640 26,860 190,260 371,040MAR 13,600 10,120 51,140 108,380 4,840 71,600 269,560 529,240APR 30,080 25,820 118,240 113,000 5,480 324,080 616,700MAY 24,320 25,640 49,960JUN 0

TOTAL 0 417,579 37,370 86,414 759,730 902,970 47,520 364,540 2,447,900 5,064,023FY 18-19 0 430,963 47,082 96,494 998,815 1,243,232 83,104 467,720 2,909,857 6,277,267FY 17-18 0 465,080 53,224 94,530 1,066,300 1,080,087 37,260 536,420 2,874,709 6,207,610FY 16-17 372,600 430,435 41,002 89,976 1,082,737 1,009,153 37,220 495,500 2,687,241 6,245,864FY 15-16 919,540 428,300 52,077 97,252 1,275,060 974,493 48,820 480,400 2,376,344 6,652,286FY 14-15 895,600 407,703 40,060 97,515 1,272,660 893,380 49,440 532,283 1,890,729 6,079,370FY 13-14 904,780 417,090 39,399 99,177 1,281,105 902,701 37,800 611,580 1,639,225 5,932,937FY 12-13 913,530 410,338 45,086 102,875 1,508,029 878,450 39,700 502,680 1,321,938 5,722,626FY 11-12 865,380 398,320 43,884 99,846 1,492,826 840,717 37,920 484,600 1,432,678 5,696,171FY 10-11 949,185 378,452 42,120 98,474 1,404,806 824,873 41,700 467,920 1,220,107 5,427,637FY 09-10 1,123,671 370,386 42,844 96,666 1,235,624 671,669 21,160 435,680 1,348,398 5,346,098FY 08-09 762,810 322,928 23,473 55,246 1,708,302 564,957 28,780 404,760 1,097,151 4,968,407FY 07-08 794,932 284,220 15,783 40,544 1,971,883 545,692 0 498,110 1,172,880 5,324,044

FY 06-07 600,464 200,720 11,834 29,285 1,684,711 441,321 0 382,574 550,070 3,900,979FY 05-06 558,367 190,611 12,478 28,526 1,523,162 381,469 204,220 2,898,833FY 04-05 549,527 193,224 11,415 27,525 1,552,111 273,707 25,080 2,632,589FY 03-04 541,896 174,256 11,437 31,112 1,443,461 156,870 336,230 2,695,262FY 02-03 413,627 146,770 9,840 23,148 1,381,195 62,840 171,680 2,209,100FY 01-02 450,280 181,040 10,565 25,553 1,401,206 54,061 58,140 2,180,845FY 00-01 436,615 198,519 10,367 24,988 1,759,731 9,620 2,439,840FY 99-00 422,447 177,260 10,177 22,847 1,686,587 44,180 2,363,498FY 98-99 402,192 184,405 9,564 22,905 1,411,950 48,810 2,079,826FY 97-98 485,294 136,110 13,307 29,775 1,830,000 2,494,486FY 96-97 373,106 211,105 23,584 46,625 1,690,000 2,344,420FY 95-96 511,978 167,486 28,441 44,995 1,553,060 2,305,960TO DATE 14,247,821 6,009,678 548,737 1,234,855 33,150,206 8,547,406 342,540 6,225,034 17,634,721 87,941,078

Attachment 6

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FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020

DOG REPORT

ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED OVERMONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTHJULY 63 33 36 1 0 54 38 7 0 0 34AUG 34 30 29 0 0 39 19 1 0 0 34SEP 34 36 23 1 0 21 24 1 0 0 48OCT 48 19 23 0 0 30 25 3 0 0 32NOV 32 22 36 1 0 19 31 1 0 0 40DEC 40 24 41 1 0 33 32 2 1 0 38JAN 38 24 40 0 0 28 27 3 0 0 44FEB 44 24 23 2 0 33 24 0 0 0 36MAR 36 16 36 5 0 28 36 4 0 0 25APR 25 7 7 3 0 12 10 1 0 0 19MAYJUNTOTAL 394 235 294 14 0 297 266 23 1 0 350

In the month of April - 42 dogs in and out of kennel. 0 dogs transferred to other agencies.

Attachment 7

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FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2019-2020

CAT REPORT

ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED TOMONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTHJULY 84 136 8 2 7 36 1 78 5 0 117AUG 117 90 5 1 9 57 1 37 3 0 124SEP 124 90 5 3 20 39 2 51 3 0 147OCT 147 81 6 0 4 51 2 83 4 0 98NOV 98 61 2 1 0 23 3 36 1 0 99DEC 99 43 1 0 0 47 3 18 1 0 74JAN 74 39 3 1 0 49 0 9 1 0 58FEB 58 46 1 0 0 42 3 11 0 0 49MAR 49 29 3 5 0 41 1 10 0 0 34APR 34 9 2 5 9 30 0 9 0 0 20MAYJUNTOTAL 884 624 36 18 49 415 16 342 18 0 820

In the month of April - 59 cats in and out of shelter. 18 cats transferred to other agencies.

Attachment 8

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May 26, 2020

Frederick County Space Needs Assessment Update

and

Sunnyside Option 4a & 4b

Attachment 2

55

Option 4a

Option 4a: Demolish Sunnyside and build a new 40,000 SF Overflow Building

Demolition = $300,000New 40,000 SF x $220/SF = $8,800,000Site Prep and utility relocation = $650,000Sub-total = $9,750,000Owner Costs (Furnishings, Fees, Contingency)(25%) = $2437,500Total = $12,187,500

Option 4a is intended to be an interim solution to the overcrowding in the current building. It can be designed to be expanded to include additional departments in the future. If “Old Aylor” is used to further alleviate crowding, this buildingwill require significant renovation (these costs have not been identified in any ofthe costs above).

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Option 4a

New 40,000 SF, 2 Story Building

Alleviates crowding at current Administrative Offices

Leaves the following in Current Administrative Office Building

Department of Planning and Development

Commonwealth’s Attorney

Information Technology/GISMIS

Department of Social Services

Parks and Recreation

Virginia Cooperative Extension

Frederick/Winchester Environmental Health Office

Public Works

Building Inspections

Voter Registration

Maintenance

Commissioner of the Revenue

Economic Development Commission

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Option 4a – Concept Plans

New 40,000 SF, 2 Story Building

New Building includes:

County Administration

Human Resources

Finance

County Attorney

Treasurer

Economic Development

Shared Spaces

58

Option 4a – If “Old Aylor” was used to further alleviate crowding

59

Option 4b

Option 4b: Demolish Sunnyside and build a new 80,000 SF Building

Demolition = $300,000New 80,000 SF x $220/SF = $17,600,000Site Prep and utility relocation = $800,000Sub-total = $18,700,000Owner Costs (Furnishings, Fees, Contingency)(25%) = $4,675,000Total = $23,375,000

Option 4b is intended to be a long-term solution to the overcrowding in the current building. It does not address the FCPS departmental space needs. If “Old Aylor” is Used to further alleviate crowding, this building will require significant renovation(these costs have not been identified in any of the costs above).

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Option 4b

New 80,000 SF, 2 Story Building

Alleviates crowding at current Administrative Offices

Leaves the following in Current Administrative Office Building:

Commonwealth’s Attorney

Department of Social Services

Commissioner of the Revenue

Parks and Recreation

Maintenance

Voter Registration

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Option 4a - Site

62

Option 4b – Concept Plan

63

Option 4b – Concept Plan

64

Option 4b – Conceptual Rendering

65

Option 4b – If “Old Aylor” was used to further alleviate crowding

66

Questions

67

Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Parks and Recreation Commission Report of May 26, 2020

Attachments:ParksRecCommissionReportMay2020.pdf

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PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS

Wednesday June 3, 2020 7:00 p.m.

107 NORTH KENT STREET, WINCHESTER, VIRGINIA

To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: May 26, 2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on May 26, 2020. Members present were Natalie Gerometta, Gary Longerbeam, Charles Sandy, Jr., Ronald Madagan, Guss Morrison, Amy Strosnider, Randy Carter (electronically), and Mr. Robert Wells (Non-Voting Board Liaison).

Members absent: Dennis Grubbs

ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None

ITEMS SUBMITTED FOR INFORMATION ONLY

1. The staff presented to the Commission the Parks and Recreation Department’s plan to open recreation facilities and programs in the Governor of Virginia’s Safer at Home Phase 2 and Phase 3 parameters. Staff is following the compliance guidelines provided by the CDC, VDH, Virginia Department of Social Services. See Attachment.

Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors’ Non-Voting Liaison

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70

71

72

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Road Resolution For Additions to the Secondary System of State Highways - SnowdenBridge Section 4

Attachments:RoadResolutionSnowdenBridgeSect4.pdf

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COUNTY of FREDERICK

Department of Planning and Development 540/ 665-5651

Fax: 540/ 665-6395

107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000

Memorandum

To: Frederick County Board of Supervisors

From: Mark R. Cheran, Zoning and Subdivision Administrator Date: June 1, 2020

RE: Snowden Bridge – Section 4

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Flyfoot Drive, State Route Number 889 0.06 miles Staff is available to answer any questions.

MRC/slc

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RESOLUTION

BY THE

FREDERICK COUNTY BOARD OF

SUPERVISORS

The Board of Supervisors of Frederick County, in regular meeting on the 10th day of

June, adopted the following:

WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated

herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit

Court of Frederick County; and

WHEREAS, the Resident Engineer of the Virginia Department of Transportation has

advised this Board that the streets meet the requirements established by the Subdivision

Street Requirements of the Virginia Department of Transportation; and

WHEREAS, the County and the Virginia Department of Transportation have entered

into an agreement on June 9, 1993, for comprehensive stormwater detention which

applies to this request for addition; and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia

Department of Transportation to add the streets described in the attached Form AM-4.3 to

the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the

Department’s Subdivision Street Requirements; and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-

way, as described, and any necessary easements for cuts, fills and drainage; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to

the Resident Engineer for the Virginia Department of Transportation.

Charles S. DeHaven, Jr., Chairman Shawn L. Graber

J. Douglas McCarthy Robert W. Wells

Blaine P. Dunn Gene E. Fisher

Judith McCann-Slaughter

A COPY ATTEST

_____________________________

Kris C. Tierney

Frederick County Administrator PDRes. #17-20

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Street Name and/or Route Number

Flyfoot Drive, State Route Number 889

Old Route Number: 0

From: Route 890, Buccaneer Court

Recordation Reference: Instr. 120006090 Page 0399

Right of Way width (feet) = 58'

To: 0.064 mile north to end of state maintenance, a distance of: 0.06 miles.

Project/Subdivision Snowden Bridge Section 4 Redesign

Type Change to the Secondary System of State Highways: Addition

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Reason for Change:

Pursuant to Code of Virginia Statute:

New subdivision street

33.2-705, 33.2-334

Report of Changes in the Secondary System of State Highways

A Copy Testee Signed (County Official): ____________________________________________

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways.

By resolution of the governing body adopted June 10, 2020

In the County of Frederick

VDOT Form AM-4.3 (4/20/2007) Maintenance Division

Date of Resolution: June 10, 2020 Page 1 of 1

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Road Resolution For Additions to the Secondary System of State Highways - SnowdenBridge Section 7

Attachments:RoadResolutionSnowdenBridgeSect7.pdf

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COUNTY of FREDERICK

Department of Planning and Development 540/ 665-5651

Fax: 540/ 665-6395

107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000

Memorandum

To: Frederick County Board of Supervisors

From: Mark R. Cheran, Zoning and Subdivision Administrator Date: June 1, 2020

RE: Snowden Bridge – Section 7

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Farmhouse Court, State Route Number 903 0.11 miles Farmhouse Court, State Route Number 903 0.15 miles Northumberland Drive, State Route Number 901 0.09 miles Northumberland Drive, State Route Number 901 0.07 miles Valise Way, State Route Number 902 0.07 miles Blackford Drive, State Route Number 897 0.07 miles Staff is available to answer any questions.

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RESOLUTION

BY THE

FREDERICK COUNTY BOARD OF

SUPERVISORS

The Board of Supervisors of Frederick County, in regular meeting on the 10th day of

June, adopted the following:

WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated

herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit

Court of Frederick County; and

WHEREAS, the Resident Engineer of the Virginia Department of Transportation has

advised this Board that the streets meet the requirements established by the Subdivision

Street Requirements of the Virginia Department of Transportation; and

WHEREAS, the County and the Virginia Department of Transportation have entered

into an agreement on June 9, 1993, for comprehensive stormwater detention which

applies to this request for addition; and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia

Department of Transportation to add the streets described in the attached Form AM-4.3 to

the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the

Department’s Subdivision Street Requirements; and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-

way, as described, and any necessary easements for cuts, fills and drainage; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to

the Resident Engineer for the Virginia Department of Transportation.

Charles S. DeHaven, Jr., Chairman Shawn L. Graber

J. Douglas McCarthy Robert W. Wells

Blaine P. Dunn Gene E. Fisher

Judith McCann-Slaughter

A COPY ATTEST

_____________________________

Kris C. Tierney

Frederick County Administrator PDRes. #16-20

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Street Name and/or Route Number

Farmhouse Court, State Route Number 903

Old Route Number: 0

From: Route 902, Valise Way

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 50'

To: cul-de-sac, a distance of: 0.11 miles.

Street Name and/or Route Number

Farmhouse Court, State Route Number 903

Old Route Number: 0

From: Route 901, Northumberland Drive

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 50'

To: Route 902, Valise Way, a distance of: 0.15 miles.

Street Name and/or Route Number

Northumberland Drive, State Route Number 901

Old Route Number: 0

From: Route 897, Blackford Drive

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 58'

To: Route 902, Valise Way, a distance of: 0.09 miles.

Project/Subdivision Snowden Bridge, Section 7

Type Change to the Secondary System of State Highways: Addition

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Reason for Change:

Pursuant to Code of Virginia Statute:

New subdivision street

33.2-705, 33.2-334

Report of Changes in the Secondary System of State Highways

A Copy Testee Signed (County Official): ____________________________________________

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways.

By resolution of the governing body adopted June 10, 2020

In the County of Frederick

VDOT Form AM-4.3 (4/20/2007) Maintenance Division

Date of Resolution: June 10, 2020 Page 1 of 2

81

Street Name and/or Route Number

Northumberland Drive, State Route Number 901

Old Route Number: 0

From: Route 883, Snowden Bridge Boulevard

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 87'

To: Route 897, Blackford Drive, a distance of: 0.07 miles.

Street Name and/or Route Number

Valise Way, State Route Number 902

Old Route Number: 0

From: Route 901, Northumberland Drive

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 50'

To: Route 902, Farmhouse Court, a distance of: 0.07 miles.

Street Name and/or Route Number

Blackford Drive, State Route Number 897

Old Route Number: 0

From: Dutchman Court

Recordation Reference: Instr. #140003652 Pg. 0047

Right of Way width (feet) = 58'

To: Route 901, Northumberland Drive, a distance of: 0.07 miles.

VDOT Form AM-4.3 (4/20/2007) Maintenance Division

Date of Resolution: Page 2 of 2

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Road Resolution For Additions to the Secondary System of State Highways - BelleviewFarm

Attachments:RoadResolutionBellevilleFarm.pdf

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COUNTY of FREDERICK

Department of Planning and Development 540/ 665-5651

Fax: 540/ 665-6395

107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000

Memorandum

To: Frederick County Board of Supervisors

From: Mark R. Cheran, Zoning and Subdivision Administrator

Date: June 1, 2020

RE: Belleville Farm

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Belleville Court, State Route Number 772 0.23 miles

Staff is available to answer any questions.

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RESOLUTION

BY THE

FREDERICK COUNTY BOARD OF

SUPERVISORS

The Board of Supervisors of Frederick County, in regular meeting on the 10th day of

June, adopted the following:

WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated

herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit

Court of Frederick County; and

WHEREAS, the Resident Engineer of the Virginia Department of Transportation has

advised this Board that the streets meet the requirements established by the Subdivision

Street Requirements of the Virginia Department of Transportation; and

WHEREAS, the County and the Virginia Department of Transportation have entered

into an agreement on June 9, 1993, for comprehensive stormwater detention which

applies to this request for addition; and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia

Department of Transportation to add the streets described in the attached Form AM-4.3 to

the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the

Department’s Subdivision Street Requirements; and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-

way, as described, and any necessary easements for cuts, fills and drainage; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to

the Resident Engineer for the Virginia Department of Transportation.

Charles S. DeHaven, Jr., Chairman Shawn L. Graber

J. Douglas McCarthy Robert W. Wells

Blaine P. Dunn Gene E. Fisher

Judith McCann-Slaughter

A COPY ATTEST

_____________________________

Kris C. Tierney

Frederick County Administrator PDRes. #18-20

85

Street Name and/or Route Number

Belleville Court, State Route Number 772

Old Route Number: 0

From: Route 620, Miller Road

Recordation Reference: Instr. #070003553 Page 0420

Right of Way width (feet) = 50'

To: 0.23 mile north to cul-de-sac, a distance of: 0.23 miles.

Project/Subdivision Belleville Farm

Type Change to the Secondary System of State Highways: Addition

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed:

Reason for Change:

Pursuant to Code of Virginia Statute:

New subdivision street

33.2-705, 33.2-334

Report of Changes in the Secondary System of State Highways

A Copy Testee Signed (County Official): ____________________________________________

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways.

By resolution of the governing body adopted June 10, 2020

In the County of Frederick

VDOT Form AM-4.3 (4/20/2007) Maintenance Division

Date of Resolution: June 10, 2020 Page 1 of 1

86

Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title:

Request by 26th Court Services Unit of the Department of Juvenile Justice for Transfer ofFunds

Attachments:TransferFundsRequestFromDeptJuvenileJustice.pdf

87

Valerie Boykin Director

COMMONWEALTH of VIRGINIA

Department of Juvenile Justice Twenty-Sixth Judicial District Court Service Unit

Peter Roussos COURT SERVICES DIRECTOR

26TH DISTRICT COURT

SERVICE UNIT 21 South Kent Street., Suite 102

Winchester, VA 22601 (540) 722-7960

Fax: (540) 667-4818

SERVING: Winchester City

Harrisonburg City Clarke County

Frederick County Page County

Rockingham County Shenandoah County

Warren County

June 3, 2020

Ms. Ann W. Phillips, Deputy Clerk to the Board of Supervisors 107 North Kent Street Winchester, Virginia

RE: Transfer of Funds Dear Ms. Phillips, The 26th Court Services Unit of the Department of Juvenile Justice would like to respectfully request that the Frederick County Board of Supervisors, in their June 2020 meeting, approve the following: We are requesting that state funds under the Virginia Juvenile Community Crime Control Act (VJCCCA) in the amount of $22,000.00 be transferred from Personnel to Operations. The funds will be utilized to purchase a van to be used by the Timbrook Achievement Center (TAC). This is a local program providing educational services and counseling to Frederick County and City of Winchester youth who are experiencing truancy, lack of educational success and challenging family situations. The van will be used to transport TAC students back and forth from home, to community projects and other educational activities. The $22,000 from the Personnel category combined with the $15,000 of remaining funds from the Operations category will afford us the opportunity to purchase this van. The TAC program will be responsible for the annual auto insurance premium. The van is a 2020 Ford Transit, 10 passenger van. The van has air conditioning and the total price after all discounts and rebates is $37,000. There are two important points for members of the Board of Supervisors to consider in reaching a decision. The first one is that these funds are state funds provided to localities under the Virginia

88

Juvenile Community Crime Control Act (VJCCCA). Frederick County has been the fiscal agent of these funds for the past 15 years. Frederick County does not provide any matching funding. Second, if these VJCCCA funds are not expended they will need to be returned to Richmond at the end of this fiscal year. Your kind cooperation would be greatly appreciated. Please feel free to contact me should you have any questions. Respectfully, Peter Roussos, Director 26th District Court Service Unit Cell # 540-431-7733

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Malloy Ford of Winchester Date/Time: 6/4/2020 9:38:43 AM

Salesperson: Billy Albright

2020 Ford Truck Transit Wagon 3dr Van T150 Low Roof XL

MSRP/Retail $42,795.00 Selling Price $35,240.00 Rebate 0.00 Total Savings + Rebate $7,555.00 Government Fee $88.00 Proc/Doc Fee $799.00 Accessories 0.00 Service Contract 0.00 Total Taxes $72.08 Trade Allowance 0.00 Trade Payoff 0.00 Cash Down 0.00 Amount Financed $36,199.08

Buyer: Frederick County Home Phone: (540) 665-5650

Address: 107 N Kent St WINCHESTER, VA 22601

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Extension of Declaration of Local Emergency for Covid-19 Pandemic

Attachments:Local Declaration Extension COVID-19_FINAL - 2020 06.pdf

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DECLARATION OF EXTENSION OF A LOCAL EMERGENCY

RESOLUTION # _____ DECLARING AN EXTENSION OF A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA WHEREAS:

1. The President of the United States has declared a national state of emergency to exist throughout the country, and the Governor of Virginia has declared a state of emergency to exist throughout the Commonwealth of Virginia as a result of the Coronavirus (COVID-19) Pandemic;

2. The spread of the COVID-19 virus is a clear and present danger to the citizens and visitors of Frederick County and threatens to strain the national and local health care system and public safety and social service agencies;

3. Due to the imminent danger and prolonged duration of the pandemic, an Emergency Declaration provides the County the ability to expedite the performance of public work, enter into contracts for urgent resources, provide for materials and supplies, and take other actions necessary to protect the health and welfare of the public.

4. The Board of Supervisors, at its meeting on March 25, 2020, previously ratified such an Emergency Declaration (the “Emergency Declaration”), effective March 17, 2020, to remain in effect until April 30, 2020, and the Board of Supervisors, at its meeting on May 13, 2020, ratified an extension of the Emergency Declaration until June 10, 2020.

5. Conditions continue to exist as of this date, dictating that the Emergency Declaration be extended until December 31, 2020, unless the Board sooner terminates the Emergency Declaration.

NOW, THEREFORE, IT IS HEREBY DECLARED that the Emergency Declaration be extended until December 31, 2020, unless the Board sooner terminates the Emergency Declaration. ADOPTED this 10th day of June, 2020. Upon motion made by Supervisor Slaughter, seconded by Supervisor Fisher, the above Resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. ___ J. Douglas McCarthy ___ Blaine P. Dunn ___ Judith McCann-Slaughter ___ Shawn L. Graber ___ Gene E. Fisher ___ Robert W. Wells ___ A COPY TESTE: _____________________________ Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia RESOLUTION NO.: ________ CC: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer

92

Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Committee Appointments

Attachments:BoardCommitteeAppts(061020BdMtg).pdf

93

COUNTY of FREDERICK

Office of the County Administrator

Tel: 540.665.6382 Fax: 540.667.0370

M E M O R A N D U M TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: June 3, 2020 RE: Committee Appointments

Listed below are the vacancies/appointments due through August 2020. As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. MARCH 2020 Conservation Easement Authority (CEA) Ron Clevenger – Frederick County Representative 1028 Welltown Road Winchester, VA 22603 Home: (540)323-0630 Term Expires: 03/23/20 Three-year term

(Mr. Clevenger does not wish to serve another term.) (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) JUNE 2020 Community Policy and Management Team (CPMT) Dana Bowman, M.A. – Private Provider Representative

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Memorandum – Board of Supervisors June3, 2020 Page 2 Chief Operating Officer Children’s Services of Virginia, Inc. P. O. Box 2867 Winchester, VA 22604 Term Expires: 06/30/20 Two-year term Dawn C. Robbins – Parent Representative

121 Monet Terrace Winchester, VA 22602

Home: (540)664-0027 Term Expires: 06/30/20 Two-year term (See Attached correspondence from the CSA Coordinator recommending reappointment of Dawn Robbins. Dana Bowman is stepping down when her term expires and CSA Coordinator will be recruiting for this position.) Development Impact Model Oversight Committee (DIMOC) The following are recommended by the Chairman for appointment to a one-year term: Kris C. Tierney - County Administration Representative Charles S. DeHaven, Jr. - Board of Supervisors Representative Judith McCann-Slaughter - Board of Supervisors and EDA Representative Christopher Mohn - Planning Commission Representative John Jewell - Planning Commission Representative Stephen Pettler - Top of Virginia Building Assoc. Representative Rob Frogale - Top of Virginia Building Assoc. Representative

Frank E. Wright (appointed as the School Board's Representative in January 2020)

(The Development Impact Model (DIM) was adopted by the Board of Supervisors on October 12, 2005 following its creation by the economic consulting firm TischlerBise. The Development Impact Model is an economic tool that the County utilizes when considering land use planning Frederick County policy decisions and rezoning applications. The Development Impact Model has been designed to project fiscal impacts that may result with land use change decisions. The Development Impact Model Oversight Committee (DIM-OC) was created by the Board of Supervisors in 2006 and tasked with overseeing the update of the figures utilized by the Development Impact Model. Members serve a one-year term.)

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Memorandum – Board of Supervisors June3, 2020 Page 3 Social Services Board Ryan C. Shaw – Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 Phone: 877-4978 Term Expires: 06/30/20 Four-year term (Mr. Shaw has moved from the Red Bud District.) (The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large. Members serve a four-year term and are limited to two consecutive terms.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester Karen B. Helm – Non-Profit Sector Representative 311 Fairmont Avenue Winchester, VA 22601 Phone: (540)327-2467 Term Expires: 06/30/20 Three-year term James E. Richard, Jr. – Private Sector Representative Richard’s Fruit Market 6410 Middle Road Middletown, VA 22645 Phone: (540)869-1455 Term Expires: 06/30/20 Three-year term

Andy Gyurisin – Private Sector Representative 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expired: 06/30/19 Three-year term

(See Attached recommendation from the Tourism Board. The Executive Tourism Director advised the Tourism Board unanimously recommends to the Board of Supervisors and City Council the appointment of Laura Kerr, Julie Shaffer and Josh Huff. Per the Tourism Director, the candidates will be instructed to next go

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Memorandum – Board of Supervisors June3, 2020 Page 4 through the City’s online board application process as soon as possible. Tourism Director and Board look forward to having them all join as they would bring a variety of backgrounds and great amount of experience and energy to the Board. The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001.) Winchester Regional Airport Paul G. Anderson, Jr. – Frederick County Representative 1009 Germany Road Stephens City, VA 22655 Phone: (540)869-2182 Term expires: 06/30/20 Four-year term JULY 2020 No appointments due in July. AUGUST 2020 Conservation Easement Authority Judith McCann-Slaughter – Board of Supervisors Representative Term Expires: 08/24/20 Three-year term Diane Kearns – County Representative P. O. Box 2368 Winchester, VA 22604 Phone: (540)667-3390 Term Expires: 08/24/20 Three-year term

(The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.)

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Memorandum – Board of Supervisors June3, 2020 Page 5 Frederick-Winchester Service Authority (FWSA) Wellington “Wendy” H. Jones – Frederick County Representative 299 Lake Serene Drive Winchester, VA 22603 Home: (540)662-1154 Term Expires: 08/31/20 Three-year term (See Attached Application of Gary Oates. Mr. Jones does not wish to serve another term. See Attached.) James R. Wilkins, III – Member-At-Large (Joint Appointment with City of Winc.) 13 South Loudoun Street Winchester, VA 22601 Home: (540)722-0779 Term Expires: 08/31/20 Three-year term (The county has three representatives on the Service Authority as is in accordance with the Joint Agreement and Memorandum of Understanding with the City of Winchester. The member-at-large seat is a joint appointment by both localities; therefore, any recommendation for appointment/reappointment is submitted to the City of Winchester for similar action.) VACANCIES/OTHER Board of Equalization Luther O. Stiles – Frederick County Representative 114 Lane Street Stephens City, VA 22655 Home: (540)869-2504 Term: 01/01/17 - 12/31/19 Three-year term (Mr. Stiles does not wish to serve another term.) Vacancy – Frederick County Representative Term Expired 12/31/18 Three-year term

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Memorandum – Board of Supervisors June3, 2020 Page 6 (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2010, the Board of Supervisors appointed the Board of Equalization as a “permanent” board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term; one member for a two-year term; and three members for a three-year term. Going forward, all future appointments shall be for a three-year term. Recommendation for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) AWP/tjp Attachments U:\TJP\committeeappointments\MmosLettrs\BoardCommitteeAppts(06102020BdMtg).docx

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title:

Proposed Amendment to FY 20-21 Budget

Supervisor Dunn would like to offer an amendment to withhold $4.8 million in FY21 until it isknown if the County will actually have the projected revenue that was outlined in the adoptedbudget.

Attachments:BlaineDunnBudgetAmendReasons.pdf

113

Dear Board Members,

Motion. Amendment to Budget Motion. Having voted in the affirmative for the Frederick County FY21 budget, I would like to offer an amendment to reduce the budget by $4.8 million which represents the projected natural growth of the budget in FY21 until the Board of Supervisors determines that Frederick County will actually receive the projected revenue that was outlined in the budget proposal.

Reasons: The $4.8 million represents the expected natural growth increase in revenue over the FY20 revenue projections. On a 57/43 split between the schools and county, the dollar amount of withholdings would be $2.8 million to the schools and $2.0 million to the county.

To his credit, the county administrator already has made adjustments to his budget to accommodate for the possibility of not having the revenue to meet the budget next year. The county will have a better idea of total actual revenue for FY20 in the next month with exact numbers in August 2020.

The schools expected revenue from the state/federal sources for FY21 is expected to actually increase by $3.9 million over the FY20 amounts which may offset part of the $2.8 million held until actually received. The total county transfer to the schools is about $109.1 million. In addition, the schools can consider other cost savings including adjustments for SSO positions considering the county has already funded SRO positions to replace the SSO position, local money spent on pre K, and subsidized health insurance. The schools also can be saving money currently on not having to pay for coaches who are unable to coach, fuel on buses that are not being used, etc. Jordon Springs can and should still open.

Although the county does have a general fund surplus, the county also anticipates having to pay for a new 911 system of a cost approaching $20 million and new capital cost expenditures in the next few years from both the county and schools totaling more than $250 million. Money in that general fund will be needed to pay for those expenditures.

At a time that county residents are losing their jobs or having to take pay cuts in their positions, the county and schools can help by making small adjustments on their budgets.

In a time of uncertainty, the county needs to be prudent and wise and not appropriate money it may not receive until it receives it.

Thank you for your consideration.

Blaine Dunn

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Discussion: Proposal for a Joint Board of Supervisors-School Board Meeting Supervisor Dunn proposes a joint meeting and/or retreat in July 2020 to discuss broadeducational issues including budgets, means to raise revenue to address a growing populationin Frederick County, and/or other issues of concern to members of either the Board ofSupervisors or the School Board.

Attachments:BlaineDunnJointBoardOfSupervisorsSchoolBoardWorkMeeting.pdf

115

Joint Board of Supervisors and School Board members work meeting

Dear Board Members,

Discussion: The Board of Supervisors and the School Board will have a joint meeting and/or retreat in July 2020 to discuss broad educational issues including budgets, means to raise revenue to address a growing population in Frederick County, and/or other issues of concern to members of either the Board of Supervisors or the School Board. This meeting shall be among elected officials only. Staff and the public are welcome to attend. Members of either board can submit to the Chair of their body what issues they want to cover to help create an agenda for the meeting.

Reasons: At the March and April 2020 Board of Supervisors meeting, I raised several budget issues relating to county expenditures and ways to raise revenue to meet the needs of a growing Frederick County population. I also made a presentation outlining proposals to meet school and community needs with a growing population in March. Included in that presentation were several possible solutions to meet Frederick county growth.

The purpose of a joint meeting would be for both boards to spend time together to try to find common ground to meet both county and school needs, to discuss needs versus wants, and to discuss potential additional ways to raise revenue to address the increased costs associated with the expected high growth in this county.

The School Board has a meeting in the fall to discuss long tern goals and means of implantation. I have attended the last two meetings. I believe a joint meeting could be productive to all members as we work tougher to meet the needs of our community.

I would appreciate your support of a joint meeting to help find common ground to meet all our needs. Feel free to call me if you would like to discuss further.

Thank you for your consideration.

Blaine Dunn

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title: Shawneeland Sanitary District Budget for Fiscal Year 2021

Attachments:ProposedShawneelandBudget26May2020.pdf

117

Attachment 2-Scenario 2A

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Attachment 2-Scenario 2A

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title:

Ordinance Regarding Continuity of Operations of Frederick County Government.

Attachments:ContinutityOfOperationsOrdinance.pdf

126

107 North Kent Street • Winchester, Virginia 22601

COUNTY OF FREDERICK

Roderick B. Williams County Attorney

540/722-8383

Fax 540/667-0370 E-mail rwillia@fcva.us

MEMORANDUM

TO: Board of Supervisors FROM: Roderick B. Williams County Attorney DATE: June 3, 2020 RE: Emergency ordinance for continuity of operations to permit remote participation

in meetings of County boards, commissions, and committees At its meeting on April 8, the Board adopted, under the emergency procedure of Virginia Code Section 15.2-1427(F), a “continuity of government” ordinance that permitted members of County boards, commissions, and committees to participate remotely in meetings of those bodies, to the extent that such bodies did not have policies in place for remote participation. Per Section 15.2-1427(F), because the adoption of the ordinance was without notice under the emergency procedure, the ordinance expires after 60 days, that is, on June 7.

At its meeting on May 13, the Board approved the necessary advertising of the ordinance, as Section 15.2-1427(F) ordinarily requires. The Board has the authority, at its meeting on June 10, to adopt the ordinance under the continuity of government provisions of Virginia Code Section 15.2-1413, to remain in effect from the date of its original adoption, for 180 days thereafter, that is, until October 7. The ordinance is useful in circumstances like at current, where limitations on the gatherings of people may be necessary and/or where members of bodies may be more comfortable, for personal health reasons, participating remotely. A copy of the proposed ordinance is attached. Attachment

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ORDINANCE June 10, 2020

WHEREAS:

1. The President of the United States, the Governor of the Commonwealth of

Virginia, and the Board of Supervisors of Frederick County, Virginia have each declared

states of emergency relative to the COVID-19 pandemic.

2. The Governor’s declaration of a state of emergency, Executive Order

Fifty-One, dated March 12, 2020, states that COVID-19 constitutes a communicable

disease of public health threat and that the anticipated effects of COVID-19 constitute a

disaster as described in Virginia Code § 44-146.16.

3. The President of the United States and the Governor and Health

Commissioner of the Commonwealth of Virginia and have recommended and/or

imposed limitations on public gatherings.

4. In response to COVID-19, the number of County government meetings

and the number of persons in attendance at those meetings should be reduced.

5. Virginia Code § 15.2-1413 provides that, notwithstanding any contrary

provision of law, a locality may, by ordinance, provide a method to assure continuity of

government in the event of a disaster, for a period not to exceed six months, and the

Board previously adopted this ordinance without prior notice, on an emergency basis, to

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2

be effective for a period not to exceed 60 days, pursuant to Virginia Code § 15.2-

1427(F).

NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Frederick

County, Virginia that:

1. Meetings of all Frederick County boards, commissions, and committees

are suspended, except to the extent that such meetings are necessary (i) in order to

comply with statutory and/or other requirements and/or deadlines under federal and/or

state law, or (ii) to address needs urgent to the continued operations of the County

government.

2. To the extent that any meeting of any Frederick County board,

commission, or committee must occur, the Board of Supervisors authorizes such board,

commission, or committee to permit remote participation pursuant to the provisions of

Virginia Code § 2.2-3708.2(A), provided that, with respect to a member of any board,

commission, or committee who wishes to participate remotely:

a. On or before the day of the meeting, the member must notify Chair or, if

the member who wishes to participate remote is the Chair, the Chair must notify

the Vice Chair, and indicate the nature of the matter necessitating remote

participation, as set forth below;

b. The member’s absence must be due to a personal matter or medical

condition or disability that prevents attendance in person and (i) in the case of

absence due to a personal matter (not medical/disability), the member may not

participate remotely more than twice in one calendar year, and the member shall

identify the personal reason, for inclusion in the Board's minutes to note remote

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3

participation for that reason, or (ii) in the case of absence due to

medical/disability reason, the minutes must note the fact of remote participation

for that reason, but minutes shall not note the particular condition/disability (there

is no limit on the number of times a member may participate remotely for

medical/disability reasons);

c. The member must identify the location of his participation (which itself

need not be open to the public), for inclusion in the body’s minutes;

d. The member’s voice must be audible to all persons attending the

meeting in person;

e. The board, commission, or committee must approve such participation

on the particular occasion and note that fact in the minutes and, if the body

denies participation, the body also must note that fact in the minutes, with the

reasons for disapproval (with respect to approval/denial, the body must uniformly

apply these provisions, such that denial can only be for noncompliance with

these provisions); and

f. A quorum of the board, commission, or committee must be physically

present at the meeting location.

3. Notwithstanding any other provision of this ordinance, nothing herein shall

prevent any County board, commission, or committee from meeting remotely, without a

quorum physically assembled in one place, if (i) the catastrophic nature of the declared

emergency makes it impracticable or unsafe to assemble a quorum in a single location

and (ii) the purpose of the meeting is to address the emergency, provided that such

board, commission, or committee shall, pursuant to Virginia Code § 2.2-3708.2(A)(3):

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4

a. Give public notice using the best available method given the nature of

the emergency, which notice shall be given contemporaneously with the notice

provided to members of the body conducting the meeting;

b. Make arrangements for public access to such meeting; and

c. Otherwise comply with the provisions of Virginia Code § 2.2-3708.2.

4. Nothing herein shall preempt any policy that any County board,

commission, or committee may have previously adopted, pursuant to Virginia Code §

2.2-3708.2, allowing for its members to participate remotely in its meetings.

5. The provisions of this ordinance shall expire on October 7, 2020, pursuant

to Virginia Code § 15.2-1413, unless on or before that date the Board of Supervisors

readopts the same in accordance with applicable law.

Enacted this 10th day of June, 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter

A COPY ATTEST

__________________________ Kris C. Tierney Frederick County Administrator

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title:

Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article IISupplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses;Part 204 Additional Regulations for Specific Uses, §165-204.19. Telecommunicationfacilities, commercial.

Attachments:OrdAmendDevelopmentReviewFees.pdf

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COUNTY of FREDERICK

Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395

MEMORANDUM

TO: Frederick County Board of Supervisors

FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Development Review Fees for Commercial

Telecommunication Facilities CUPs DATE: June 4, 2020

During consideration of the ordinance amendment to create a two-track process for review and approval of commercial telecommunication facilities (which was subsequently approved by the Board of Supervisors on December 12, 2019), the Board discussed the fee schedule for Conditional Use Permit (CUP) applications. Fees for these types of uses were identified as a potential barrier to local service providers in applying for telecommunication facility permits. The current CUP application fee for telecommunication facilities is $7,000 (adopted by the BOS in 2011) which was intended to cover Staff review, potential third-party expert and legal review, legal advertisement and adjoining property notifications for CUP applications. In January, the Board further directed Staff to re-evaluate the fees with the intention of reducing the fee. This is a proposed amendment to Chapter 165 – Zoning Ordinance and to the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. The purpose of this reduction in fees is to encourage commercial telecommunication facilities to locate in underserved areas of the County, in particular those rural areas west of Interstate 81. The Board discussed this approach as a potential solution in lieu of any further changes to by-right tower height allowance at this time. This may be revisited in the future. The Development Review and Regulations Committee (DRRC) discussed this item at their February 27th meeting. At that meeting, Staff proposed a new fee of $750, consistent with all “other” CUP applications (less “cottage occupations” which have a $75 fee), and as directed by the Board of Supervisors. This fee reduction would cover only those costs associated with legal advertisement and adjoining property notifications. The DRRC stated that the proposed fee, $750, was insufficient given the complexity of telecommunication applications and that the fee should reflect to the type of facility (based on height) under review. The DRRC further commented that towers greater than 50’ and less than 100’ in height would likely be “personal” towers for individual property owner for broadband service or small local service providers. The DRRC noted towers in greater than 100’ in height would be mainly for large commercial telecommunication companies (such as AT&T, Shentel or Verizon), and would require more Staff time and review than smaller towers. The DRRC proposed a revised fee schedule for CUPs for commercial

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telecommunication facilities as follows:

• Towers greater than 50’ and less than 100’ in height - $1,500 • Towers greater than 100’ in height - $7,000 (current fee)

The DRRC generally supported the modified fees, outlined above; however, two (2) DRRC members expressed concern with maintaining the highest fee ($7,000) for towers greater than 100’ in height. Ultimately the consensus of the DRRC was to send the item forward to the Planning Commission for discussion. Following the DRRC meeting, the Board of Supervisors at their March 25th regular meeting adopted a temporary code amendment to reduce the fee for a CUP for commercial telecommunication facilities to $750. This temporary change will expire on May 24th. The Planning Commission discussed this item on May 6th. During their discussion, the Planning Commission sought clarification on what the application fee covers. Staff noted that the fee is intended to cover the cost of legal advertising in the local newspaper and adjoining property owner notifications, and that the staff proposed fee of $750 generally covers those cost. In response to a Planning Commissioner comment Staff noted that since the change in the ordinance to allow by-right towers up to 50’ in height and the Board of Supervisors temporary code amendment to reduce the fee to $750 only a small numbers applications have been received for new towers. Commissioner Thomas noted that the fee schedule proposed by the DRRC, $1,500 for towers greater than 50’ in height and less than 100’ in height and $7,000 for towers greater than 100’ in height did not provide enough variability for smaller towers many of which may be applied for by homeowners or local service providers and serve a much smaller area. Mr, Thomas noted that the fees for taller towers, from large broadband internet service providers such as Shentel, typically require more staff time and the fee should reflect those real costs to the County. Mr. Thomas proposed, and alternative tiered fee schedule as follows:

• Towers greater than 50’ and less than 75’ in height - $750 • Towers greater than 75’ and less than 125’ in height - $2,500 • Towers greater than 125’in height - $5,000

Commissioner Oates noted that tiered fees were discussed by the Development Review and Regulations Committee (DRRC) and 100’ was determined by the Committee to be the threshold between smaller/local service provider towners (towers less than 100’ in height) and commercial towers for larger companies servicing a broader area (towers greater than 100’ in height). Mr. Oates stated in many cases, public hearings on CUP for telecommunication facilities are tabled for 60-days (or more) and subsequent advertising and notifications are necessary, further increasing the cost to the County. Mr. Thomas agreed with the increased cost of re-advertising. Commissioner Jewell expressed his concern with a substantially reduced fee, $750 as proposed by the Board of Supervisors, and the CUP process being taken advantage of by a local service provider when the intent of the tower isn’t to service just one property in need of internet service but to service a broader area around the tower. Commissioner Morrison did not agree with differentiating the fees between various tower heights, citing topography and vegetation variation in western areas of the County as challenging to establishing a consistent standard.

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There was no additional discussion and the Planning Commission did not make any specific changes to the proposed fee schedule proposed by the DRRC and stated their comments should be provided to the Board. The Board of Supervisors discussed this item at the May 27th meeting and recommended a fee of $750 for commercial telecommunication facilities CUPs to go forward for Public Hearing. The Board stated the proposed $750 fee is intended to cover the cost to the County for advertising, posting, and notifying adjacent property owners. The Board commented that the current coronavirus crisis highlighted the need for expanded broadband internet service to underserved areas of the County for education and teleworking. Further, the Board noted that the fee only enables submitting a CUP application, and still provides the public and elected officials the opportunity to review and provide comment before towers exceeding 50—FT in height are acted upon. In summary:

Proposed Development Review Fee (amount) Fee Proposed By $750 County Staff

$750 BOS – Temporary Code Amendment (3/2520 – 5/24/20)

$1,500 - Towers greater than 50’ and less than 100’ in height $7,000 - Towers greater than 100’ in height

Development Review & Regulations Committee (DRRC)

$1,500 - Towers greater than 50’ and less than 100’ in height $7,000 - Towers greater than 100’ in height

Planning Commission (with comments, see summary above)

$750 Board of Supervisors (with comments, see summary above)

The Planning Commission held a public hearing on this proposed ordinance amendment on June 3rd. Following the staff presentation. the Planning Commission expressed concern with making the fee only $750, specifically what impact reducing the CUP fee may have on other applications requiring public hearings such as rezonings. The Planning Commission reiterated their support for a tiered fee schedule based on tower height. No members of the public spoke on the proposed ordinance amendment. The Planning Commission voted 8-4-1 (Commissioners Ambrogi, Manuel, Dawson & Morrison – No; Commissioner Mohn absent) to recommend denial of the proposed ordinance amendment and change to the fee schedule to reduce the CUP fee for telecommunication facilities to $750. The attached documents show the existing ordinance with the proposed changes as proposed by the Board of Supervisors on May 27th (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the

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Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Revised development review fee schedule with additions shown in bold

underlined italics. 3. Resolution MTK/pd

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Revised 05/28/2020

Page 1 of 3

ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses

Part 204

Additional Regulations for Specific Uses § 165-204.19. Telecommunication facilities, commercial.

A. Standard process projects.

1. Except as provided in subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. [based on current intro to County Code § 165-204.19]

2. Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $750 [Va. Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the application, including permits and inspection”)] The application shall be subject to consideration as follows and include the indicated information: a. The Board of Supervisors shall approve or disapprove the application within 150 days of

receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. [Va. Code § 15.2-2316.4:1(C)]

b. Information to be included with application:

i. A map depicting the search area used in siting the proposed facility or structure [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)];

ii. Identification of all service providers and commercial telecommunications facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)];

iii. Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)];

iv. Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission’s established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation [based on current 165-204.19(A)(4)];

v. An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the

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Revised 05/28/2020

Page 2 of 3

removal of the facility or structure as stated in subsection E [based on current 165-204.19(A)(5)]; and

vi. The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. [Va. Code § 15.2-2316.4:2(C)]

3. If the Board of Supervisors grants a conditional use permit under this subsection, the following

standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value: a. The Board may reduce the required setback distance for the wireless facility or wireless

support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure.

b. Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources.

c. No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade.

d. When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination.

e. Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission.

f. Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way.

[the entirety of the above subsection C(3) is based on current 165-204.19(B)] 4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall:

a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2-

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2316.4:1(E)(1)]; b. Identify any modifications of which the County is aware that would permit it to approve the

conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and c. Have supporting substantial record evidence in a written record publicly released within 30

days of denial [Va. Code § 15.2-2316.4:1(F)(2)].

B. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-2316.4:3(A)]

C. Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)]

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FREDERICK COUNTY DEVELOPMENT REVIEW FEES

Adopted April 23, 2008 – Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 5/2011, 1/25/2012, 1/11/2017, 5/27/2020

COMPREHENSIVE POLICY PLAN $ 3,000 non-refundable REZONING $ 1,000 – Proffer amendments not requiring a public

hearing $ 5,000 base + $100/acre – 2 acres or less $ 10,000 base + $100/acre

more than 2, less than 150 $ 10,000 base + $100/acre first 150 + $50/acre over 150 acres SUBDIVISION Non-Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, R5) Design Plan $ 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor – 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE EXCEPTION $ 500 MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $ 75 Telecommunication Tower (greater thank 50-FT in height) $750 $7,000 Other $ 750

SITE PLAN Non-residential $ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres Residential $ 3,500 base $ 300/unit to 20 units $ 100/unit over 20 units Minor Site Plan $ 500 for revision that increases existing structure area by 20% or less & does not exceed 10,000sf of disturbed area. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review $300 (*Review includes TDR Letter of Intent) TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Review of Sending Property Deed Covenant $100 Review of Deed of Transfer (Extinguishment Document) $100 CHAPTER 161 FEES Installation License $300

Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul $500

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1 PDRES #15-20

ORDINANCE AMENDMENT ______________________________ Action:

PLANNING COMMISSION: June 3, 2020 Public Hearing Held; Recommended Denial BOARD OF SUPERVISORS: June 10, 2020 Public Hearing Held;

AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE

CHAPTER 165 ZONING

ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND

REGULATIONS FOR SPECIFIC USES PART 204 – ADDITIONAL REGULATIONS FOR SPECIFIC USES

§165-204.19. TELECOMMUNICATION FACILITIES, COMMERCIAL

WHEREAS, an ordinance to amend Chapter 165, Zoning and to revise the Development Review Fee Schedule to reduce the fee for a Conditional Use Permit for commercial telecommunication facilities. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on June 3, 2020 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on June 10, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning and the Development Review Fees Schedule, is amended for applications for a conditional use permit (CUP) for commercial telecommunication facilities is $750.

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2 PDRES #15-20

Passed this 10th day of June 2020 by the following recorded vote:

Charles S. DeHaven, Jr., Chairman Shawn L. Graber

J. Douglas McCarthy Blaine P. Dunn Gene E. Fisher Robert W. Wells Judith McCann-Slaughter A COPY ATTEST _____________________ Kris C. Tierney Frederick County Administrator

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Board of Supervisors Agenda Item Detail Meeting Date: June 10, 2020 Agenda Section: County Officials

Title:

Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article I General Provision; Amendments; and Conditional Use Permits; Part 101 GeneralProvisions, §165-101.08 Violations and penalties; enforcement.

Attachments:OrdAmendZoningViolationsAndPenalities.pdf

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COUNTY of FREDERICK

Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395

MEMORANDUM

TO: Frederick County Board of Supervisors

FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Zoning Enforcement, Violations & Penalties DATE: June 4, 2020

The Board of Supervisors directed Staff and the Planning Commission to propose ordinance revisions to maximize the penalties for zoning violations. At present, the County enforces the zoning ordinance through the misdemeanor process, but state law also permits the use of civil penalties. If the County adopted civil penalties for specified violations, state law would require the County to pursue civil penalties for those violations, up to an accumulated fine limit of $5,000, before pursuing the misdemeanor process for those violations. The civil penalty process permits an initial fine of $200 and a $500 fine for each 10-day period thereafter for which the violation is not remedied. The misdemeanor process permits fines of $1,000, $1,500, and $2,000 for each successive 10-day period of noncompliance with an initial court directive to remedy a violation (following an initial fine of up to $1,000 for a violation), and a fine of $2,000 for every 10-day period of noncompliance thereafter. The County Code does not currently reflect these subsequent misdemeanor fines, as the General Assembly updated the enabling legislation to include them on multiple occasions since the County’s adoption of its current zoning ordinance in 1990. In theory, then, adoption of civil penalties would essentially require the County to go through 10 iterations of a $500 fine every 10 days before then proceeding to the misdemeanor process, which permits much more robust fines, culminating in the potential of a $2,000 fine every 10 days. If the objective for revisions to the zoning ordinance is to maximize fines in such a way to create a disincentive for violations, proceeding sooner to the $1,000, $1,500, and then repeated $2,000 fines for the subsequent 10-day periods a violation remains unremedied is seemingly the most effective approach. The Development Review and Regulations Committee (DRRC) discussed this item at their February 27th meeting. The DRRC generally supported increasing the fees under the current misdemeanor process outlined in §165-101.08(A) and the item was sent forward to the Planning Commission for discussion.

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The Planning Commission was presented this item for discussion on May 6th. Following a staff presentation, the Planning Commission generally supported pursuing the highest cost penalty that was easiest for the County to collect under the misdemeanor process and the item was sent forward to the Board of Supervisors. The Board of Supervisors discussed this item on May 27th and recommended the item go forward for public hearing. The Board of Supervisors commented that the increase in penalties for zoning violations was intended to discourage repeat offenders. The Planning Commission held a public hearing on this proposed ordinance amendment on June 3rd. Following the staff presentation, there was no discussion by the Planning Commission. No members of the public spoke during the public hearing. The Planning Commission recommended approval of the proposed ordinance amendment (12-0-1; Commissioner Mohn – absent) The attached documents show the existing ordinance with the proposed changes as proposed by the DRRC (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Violation Enforcement comparison chart. 3. Code of Virginia §15.2-2209, Civil penalties for violations of zoning ordinance. 4. Code of Virginia §15.2-2286, Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties. 5. Resolution MTK/pd

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CHAPTER 165 ZONING

Article I General Provisions; Amendments; and Conditional Use Permits

§ 165-101.08 Violations and penalties; enforcement.

It shall be a violation of this chapter to make any use of land in a fashion not expressly permitted by this chapter.

A. Misdemeanor. Any person(s), firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter or who uses land or constructs or alters structures in a fashion that is not in conformance with the requirements and procedures in this chapter shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment by a fine of not less than $10 nor more than $1,000. If this violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy such violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within a specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period, punishable by a fine of not less than $10 nor more than $1,000; any such failure during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,500; and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $10 nor more than $2,000.

B. Complaints. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint to the Zoning Administrator, stating fully the case and basis of the complaint. The Zoning Administrator shall record such complaint immediately and investigate and take action as provided by this chapter.

C. Notification. When the Zoning Administrator determines that a violation has occurred, a notice of the violation shall be served to the person committing or permitting the violation. The notice of the violation shall specify the nature of the violation and shall order that the violation cease within a reasonable time specified by the Zoning Administrator.

D. Appeal. The interpretation of the Zoning Administrator that a violation has occurred may be appealed to the Board of Zoning Appeals following procedures set forth in this chapter. The order to cease the violation may be stayed until the

146

appeal is heard, provided that the appeal is filed on a timely basis.

E. Enforcement. If the violation continues after the time period specified in the notice of violation expires, the Zoning Administrator may initiate injunction, mandamus or any other appropriate action to ensure compliance with this chapter. In addition, the Frederick County Attorney or other prosecuting attorney appointed by the Board of Supervisors shall proceed to prosecute the violation.

F. Civil penalties. The Board of Supervisors may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specific provisions of this chapter according to the provisions of the Code of Virginia, as amended. Such schedule of offenses shall not include any zoning violation resulting in injury to any person or persons. In such cases, the The civil penalty shall be a fine established by the schedule. The fine shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor.

G. Any person summoned for a scheduled violation subject to a civil penalty may provide a waiver of trial and admission of liability and pay the civil penalty to the County Treasurer. Such persons shall be informed of their right to stand trial and that an admission of liability will have the same effect as a judgment of the court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admission of liability, the violation shall be tried in the General District Court as provided for by law. An admission of liability or finding of liability shall not be a criminal conviction.

H. The remedies provided for in this section are cumulative, not exclusive, and shall be in addition to any other remedies provided by law.

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ZONING VIOLATION ENFORCEMENT – What does state law enable? Civil Penalties Misdemeanors Injunctive Relief

Notice of violation requirement/period?

Yes – 30 days Yes – 30 days Yes – 30 days

Appeal of NOV? Yes – to BZA (see note 1 at end re BZA appeals)

Yes – to BZA (see note 1 at end re BZA appeals)

Yes – to BZA (see note 1 at end re BZA appeals)

Means of initiating, after NOV, if no compliance

Issuance of civil penalty notice; if not paid with specified period, filing of warrant in debt in General District Court

Filing of charges in General District Court

Filing of suit in Circuit Court

Maximum penalty for first citation for the violation

$200 civil fine $1,000 criminal fine and order to comply

Order to comply

Maximum penalty for additional citations for the same violation

$500 civil fine (not more frequently than every 10 days)

For each 10 days noncompliance (see note 2 at end re state code amendments): 1st time - $1,000 criminal fine 2nd time - $1,500 criminal fine 3rd and subsequent times - $2,000 criminal fine

Contempt of court (theoretically, jailable)

Cumulative maximum penalties for same violation

$5,000 No limit N/A

Remedy if violation continues thereafter

May prosecute as misdemeanor Continued noncompliance at any point could also theoretically be jailable contempt of court

See above re maximum penalty

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Does court proceeding include order to comply?

No Yes Yes

County’s burden of proving the violation in court

Preponderance of the evidence (that is, “more likely than not that the violation occurred”)

Proof beyond a reasonable doubt (this is the highest and most difficult standard to meet)

Preponderance of the evidence (that is, “more likely than not that the violation occurred”)

When can the process be used?

If enacted by locality, this process is exclusive, unless violation resulted in injury to person(s) or cumulative fine amount reached.

If civil penalties enacted, only if violation resulted in injury to person(s) or the maximum civil penalties reached.

For any violation, but this process is most useful for “conduct” violations (e.g., illegal businesses). This process is also useful where we need an order for the County to enter the property to remedy the violation (e.g., extreme clean up situations).

Explanatory information:

1. BZA appeals – A property owner can, theoretically, delay all three of the enforcement processes by up to an additional 60 days by pursuing a BZA appeal (the BZA is supposed to decide the appeal in 60 days). The property owner can appeal further to the Circuit Court, but that further appeal does not stay enforcement further, unless the Circuit Court grants a request by the owner for a further stay of enforcement.

2. Subsequent violations – misdemeanor enforcement – Since the original enactment of the County’s current zoning ordinance in 1990, the state code has been amended on different occasions to add provisions allowing for increasing progressive fines for unremedied violations. The County has not to date opted to add these allowances to its zoning ordinance.

3. Consideration of civil penalties raises a related issue regarding building code violations. At present, the County uses the misdemeanor process to enforce against building code violations (although state law likewise permits civil penalties for building code enforcement). The County frequently encounters building code violations concurrent with zoning violations at the same property and is typically able to prosecute both violations at the same time through the misdemeanor process.

4. Zoning violations generally take one of two forms:

“Condition” violation – a property is kept in a condition that violates the zoning ordinance, such as when a person keeps junk cars or debris on a property

“Conduct” violation – a property is used for an ongoing or repeated course of conduct that violates the zoning ordinance, such as use of the property for an illegal business

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Code of VirginiaTitle 15.2. Counties, Cities and TownsChapter 22. Planning, Subdivision of Land and Zoning    § 15.2-2209. Civil penalties for violations of zoning ordinance  Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance whichestablishes a uniform schedule of civil penalties for violations of specified provisions of thezoning ordinance. The schedule of offenses shall not include any zoning violation resulting ininjury to any persons, and the existence of a civil penalty shall not preclude action by the zoningadministrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208.  This schedule of civil penalties shall be uniform for each type of specified violation, and thepenalty for any one violation shall be a civil penalty of not more than $200 for the initialsummons and not more than $500 for each additional summons. Each day during which theviolation is found to have existed shall constitute a separate offense. However, specifiedviolations arising from the same operative set of facts shall not be charged more frequently thanonce in any 10-day period, and a series of specified violations arising from the same operative setof facts shall not result in civil penalties which exceed a total of $5,000. Designation of aparticular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu ofcriminal sanctions, and except for any violation resulting in injury to persons, such designationshall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, thatwhen such civil penalties total $5,000 or more, the violation may be prosecuted as a criminalmisdemeanor.  The zoning administrator or his deputy may issue a civil summons as provided by law for ascheduled violation. Any person summoned or issued a ticket for a scheduled violation may makean appearance in person or in writing by mail to the department of finance or the treasurer of thelocality prior to the date fixed for trial in court. Any person so appearing may enter a waiver oftrial, admit liability, and pay the civil penalty established for the offense charged. Such personsshall be informed of their right to stand trial and that a signature to an admission of liability willhave the same force and effect as a judgment of court.  If a person charged with a scheduled violation does not elect to enter a waiver of trial and admitliability, the violation shall be tried in the general district court in the same manner and with thesame right of appeal as provided for by law. In any trial for a scheduled violation authorized bythis section, it shall be the burden of the locality to show the liability of the violator by apreponderance of the evidence. If the violation remains uncorrected at the time of the admissionof liability or finding of liability, the court may order the violator to abate or remedy the violationin order to comply with the zoning ordinance. Except as otherwise provided by the court for goodcause shown, any such violator shall abate or remedy the violation within a period of time asdetermined by the court, but not later than six months of the date of admission of liability orfinding of liability. Each day during which the violation continues after the court-orderedabatement period has ended shall constitute a separate offense. An admission of liability orfinding of liability shall not be a criminal conviction for any purpose.  No provision herein shall be construed to allow the imposition of civil penalties (i) for activitiesrelated to land development or (ii) for violation of any provision of a local zoning ordinance

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relating to the posting of signs on public property or public rights-of-way.  1985, c. 417, § 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; 1988, cc. 513, 813, 869, 895; 1989, c. 566;1990, cc. 473, 495; 1992, c. 298; 1993, c. 823; 1994, c. 342;1995, c. 494;1996, c. 421;1997, c. 587;2003, c. 192;2006, c. 248;2008, c. 727.  The chapters of the acts of assembly referenced in the historical citation at the end of this sectionmay not constitute a comprehensive list of such chapters and may exclude chapters whoseprovisions have expired. 

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Code of VirginiaTitle 15.2. Counties, Cities and TownsChapter 22. Planning, Subdivision of Land and Zoning  This section has more than one version with varying effective dates. Scroll down to see allversions.  § 15.2-2286. (Effective until October 1, 2019) Permittedprovisions in zoning ordinances; amendments; applicant to paydelinquent taxes; penalties  A. A zoning ordinance may include, among other things, reasonable regulations and provisionsas to any or all of the following matters:  1. For variances or special exceptions, as defined in § 15.2-2201, to the general regulations in anydistrict.  2. For the temporary application of the ordinance to any property coming into the territorialjurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of thezoning ordinance, and pending the orderly amendment of the ordinance.  3. For the granting of special exceptions under suitable regulations and safeguards;notwithstanding any other provisions of this article, the governing body of any locality mayreserve unto itself the right to issue such special exceptions. Conditions imposed in connectionwith residential special use permits, wherein the applicant proposes affordable housing, shall beconsistent with the objective of providing affordable housing. When imposing conditions onresidential projects specifying materials and methods of construction or specific design features,the approving body shall consider the impact of the conditions upon the affordability of housing.  The governing body or the board of zoning appeals of the City of Norfolk may impose a conditionupon any special exception relating to retail alcoholic beverage control licensees which providesthat such special exception will automatically expire upon a change of ownership of the property,a change in possession, a change in the operation or management of a facility or upon thepassage of a specific period of time.  The governing body of the City of Richmond may impose a condition upon any special use permitissued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that suchspecial use permit shall be subject to an automatic review by the governing body upon a changein possession, a change in the owner of the business, or a transfer of majority control of thebusiness entity. Upon review by the governing body, it may either amend or revoke the specialuse permit after notice and a public hearing as required by § 15.2-2206.  4. For the administration and enforcement of the ordinance including the appointment ordesignation of a zoning administrator who may also hold another office in the locality. Thezoning administrator shall have all necessary authority on behalf of the governing body toadminister and enforce the zoning ordinance. His authority shall include (i) ordering in writingthe remedying of any condition found in violation of the ordinance; (ii) insuring compliance withthe ordinance, bringing legal action, including injunction, abatement, or other appropriateaction or proceeding subject to appeal pursuant to § 15.2-2311;and (iii) in specific cases, makingfindings of fact and, with concurrence of the attorney for the governing body, conclusions of lawregarding determinations of rights accruing under § 15.2-2307 or subsection C of § 15.2-2311.

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177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481,856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802;1995, cc. 351,475, 584, 603;1996, c. 451;1997, cc. 529, 543, 587;1998, c. 385;1999, c. 792;2000, cc. 764, 817;2001, c. 240;2002, cc. 547, 703;2005, cc. 625, 677;2006, cc. 304, 514, 533, 903;2007, cc. 821, 937;2008, cc. 297, 317, 343, 581, 593, 720, 777;2009, c. 721;2012, cc. 304, 318;2014, c. 354;2017, c.398;2018, c. 726.  The chapters of the acts of assembly referenced in the historical citation at the end of this sectionmay not constitute a comprehensive list of such chapters and may exclude chapters whoseprovisions have expired.    § 15.2-2286. (Effective October 1, 2019) Permitted provisions inzoning ordinances; amendments; applicant to pay delinquenttaxes; penalties  A. A zoning ordinance may include, among other things, reasonable regulations and provisionsas to any or all of the following matters:  1. For variances or special exceptions, as defined in § 15.2-2201, to the general regulations in anydistrict.  2. For the temporary application of the ordinance to any property coming into the territorialjurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of thezoning ordinance, and pending the orderly amendment of the ordinance.  3. For the granting of special exceptions under suitable regulations and safeguards;notwithstanding any other provisions of this article, the governing body of any locality mayreserve unto itself the right to issue such special exceptions. Conditions imposed in connectionwith residential special use permits, wherein the applicant proposes affordable housing, shall beconsistent with the objective of providing affordable housing. When imposing conditions onresidential projects specifying materials and methods of construction or specific design features,the approving body shall consider the impact of the conditions upon the affordability of housing.  The governing body or the board of zoning appeals of the City of Norfolk may impose a conditionupon any special exception relating to retail alcoholic beverage control licensees which providesthat such special exception will automatically expire upon a change of ownership of the property,a change in possession, a change in the operation or management of a facility or upon thepassage of a specific period of time.  The governing body of the City of Richmond may impose a condition upon any special use permitissued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that suchspecial use permit shall be subject to an automatic review by the governing body upon a changein possession, a change in the owner of the business, or a transfer of majority control of thebusiness entity. Upon review by the governing body, it may either amend or revoke the specialuse permit after notice and a public hearing as required by § 15.2-2206.  4. For the administration and enforcement of the ordinance including the appointment ordesignation of a zoning administrator who may also hold another office in the locality. Thezoning administrator shall have all necessary authority on behalf of the governing body toadminister and enforce the zoning ordinance. His authority shall include (i) ordering in writingthe remedying of any condition found in violation of the ordinance; (ii) insuring compliance with

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the ordinance, bringing legal action, including injunction, abatement, or other appropriateaction or proceeding subject to appeal pursuant to § 15.2-2311;and (iii) in specific cases, makingfindings of fact and, with concurrence of the attorney for the governing body, conclusions of lawregarding determinations of rights accruing under § 15.2-2307 or subsection C of § 15.2-2311.  Whenever the zoning administrator has reasonable cause to believe that any person has engagedin or is engaging in any violation of a zoning ordinance that limits occupancy in a residentialdwelling unit, which is subject to a civil penalty that may be imposed in accordance with theprovisions of § 15.2-2209, and the zoning administrator, after a good faith effort to obtain thedata or information necessary to determine whether a violation has occurred, has been unable toobtain such information, he may request that the attorney for the locality petition the judge ofthe general district court for his jurisdiction for a subpoena duces tecum against any such personrefusing to produce such data or information. The judge of the court, upon good cause shown,may cause the subpoena to be issued. Any person failing to comply with such subpoena shall besubject to punishment for contempt by the court issuing the subpoena. Any person sosubpoenaed may apply to the judge who issued the subpoena to quash it.  Notwithstanding the provisions of § 15.2-2311, a zoning ordinance may prescribe an appealperiod of less than 30 days, but not less than 10 days, for a notice of violation involvingtemporary or seasonal commercial uses, parking of commercial trucks in residential zoningdistricts, maximum occupancy limitations of a residential dwelling unit, or similar short-term,recurring violations.  Where provided by ordinance, the zoning administrator may be authorized to grant amodification from any provision contained in the zoning ordinance with respect to physicalrequirements on a lot or parcel of land, including but not limited to size, height, location orfeatures of or related to any building, structure, or improvements, if the administrator finds inwriting that: (i) the strict application of the ordinance would produce undue hardship; (ii) suchhardship is not shared generally by other properties in the same zoning district and the samevicinity; and (iii) the authorization of the modification will not be of substantial detriment toadjacent property and the character of the zoning district will not be changed by the granting ofthe modification. Prior to the granting of a modification, the zoning administrator shall give, orrequire the applicant to give, all adjoining property owners written notice of the request formodification, and an opportunity to respond to the request within 21 days of the date of thenotice. The zoning administrator shall make a decision on the application for modification andissue a written decision with a copy provided to the applicant and any adjoining landowner whoresponded in writing to the notice sent pursuant to this paragraph. The decision of the zoningadministrator shall constitute a decision within the purview of § 15.2-2311, and may be appealedto the board of zoning appeals as provided by that section. Decisions of the board of zoningappeals may be appealed to the circuit court as provided by § 15.2-2314.  The zoning administrator shall respond within 90 days of a request for a decision ordetermination on zoning matters within the scope of his authority unless the requester hasagreed to a longer period.  5. For the imposition of penalties upon conviction of any violation of the zoning ordinance. Anysuch violation shall be a misdemeanor punishable by a fine of not more than $1,000. If theviolation is uncorrected at the time of the conviction, the court shall order the violator to abateor remedy the violation in compliance with the zoning ordinance, within a time periodestablished by the court. Failure to remove or abate a zoning violation within the specified time

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period shall constitute a separate misdemeanor offense punishable by a fine of not more than$1,000; any such failure during a succeeding 10-day period shall constitute a separatemisdemeanor offense punishable by a fine of not more than $1,500; and any such failure duringany succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-dayperiod punishable by a fine of not more than $2,000.  However, any conviction resulting from a violation of provisions regulating the number ofunrelated persons in single-family residential dwellings shall be punishable by a fine of up to$2,000. Failure to abate the violation within the specified time period shall be punishable by afine of up to $5,000, and any such failure during any succeeding 10-day period shall constitute aseparate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500.However, no such fine shall accrue against an owner or managing agent of a single-familyresidential dwelling unit during the pendency of any legal action commenced by such owner ormanaging agent of such dwelling unit against a tenant to eliminate an overcrowding condition inaccordance with the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.). Aconviction resulting from a violation of provisions regulating the number of unrelated persons insingle-family residential dwellings shall not be punishable by a jail term.  6. For the collection of fees to cover the cost of making inspections, issuing permits, advertisingof notices and other expenses incident to the administration of a zoning ordinance or to thefiling or processing of any appeal or amendment thereto.  7. For the amendment of the regulations or district maps from time to time, or for their repeal.Whenever the public necessity, convenience, general welfare, or good zoning practice requires,the governing body may by ordinance amend, supplement, or change the regulations, districtboundaries, or classifications of property. Any such amendment may be initiated (i) by resolutionof the governing body; (ii) by motion of the local planning commission; or (iii) by petition of theowner, contract purchaser with the owner's written consent, or the owner's agent therefor, of theproperty which is the subject of the proposed zoning map amendment, addressed to thegoverning body or the local planning commission, who shall forward such petition to thegoverning body; however, the ordinance may provide for the consideration of proposedamendments only at specified intervals of time, and may further provide that substantially thesame petition will not be reconsidered within a specific period, not exceeding one year. Any suchresolution or motion by such governing body or commission proposing the rezoning shall statethe above public purposes therefor.  In any county having adopted such zoning ordinance, all motions, resolutions or petitions foramendment to the zoning ordinance, and/or map shall be acted upon and a decision made withinsuch reasonable time as may be necessary which shall not exceed 12 months unless the applicantrequests or consents to action beyond such period or unless the applicant withdraws his motion,resolution or petition for amendment to the zoning ordinance or map, or both. In the event ofand upon such withdrawal, processing of the motion, resolution or petition shall cease withoutfurther action as otherwise would be required by this subdivision.  8. For the submission and approval of a plan of development prior to the issuance of buildingpermits to assure compliance with regulations contained in such zoning ordinance.  9. For areas and districts designated for mixed use developments or planned unit developmentsas defined in § 15.2-2201. 

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10. For the administration of incentive zoning as defined in § 15.2-2201.  11. For provisions allowing the locality to enter into a voluntary agreement with a landownerthat would result in the downzoning of the landowner's undeveloped or underdeveloped propertyin exchange for a tax credit equal to the amount of excess real estate taxes that the landownerhas paid due to the higher zoning classification. The locality may establish reasonable guidelinesfor determining the amount of excess real estate tax collected and the method and duration forapplying the tax credit. For purposes of this section, "downzoning" means a zoning action by alocality that results in a reduction in a formerly permitted land use intensity or density.  12. Provisions for requiring and considering Phase I environmental site assessments based on theanticipated use of the property proposed for the subdivision or development that meet generallyaccepted national standards for such assessments, such as those developed by the AmericanSociety for Testing and Materials, and Phase II environmental site assessments, that also meetaccepted national standards, such as, but not limited to, those developed by the AmericanSociety for Testing and Materials, if the locality deems such to be reasonably necessary, based onfindings in the Phase I assessment, and in accordance with regulations of the United StatesEnvironmental Protection Agency and the American Society for Testing and Materials. Areasonable fee may be charged for the review of such environmental assessments. Such fees shallnot exceed an amount commensurate with the services rendered, taking into consideration thetime, skill, and administrative expense involved in such review.  13. Provisions for requiring disclosure and remediation of contamination and other adverseenvironmental conditions of the property prior to approval of subdivision and developmentplans.  14. For the enforcement of provisions of the zoning ordinance that regulate the number ofpersons permitted to occupy a single-family residential dwelling unit, provided suchenforcement is in compliance with applicable local, state and federal fair housing laws.  15. For the issuance of inspection warrants by a magistrate or court of competent jurisdiction.The zoning administrator or his agent may make an affidavit under oath before a magistrate orcourt of competent jurisdiction and, if such affidavit establishes probable cause that a zoningordinance violation has occurred, request that the magistrate or court grant the zoningadministrator or his agent an inspection warrant to enable the zoning administrator or his agentto enter the subject dwelling for the purpose of determining whether violations of the zoningordinance exist. After issuing a warrant under this section, the magistrate or judge shall file theaffidavit in the manner prescribed by § 19.2-54. After executing the warrant, the zoningadministrator or his agents shall return the warrant to the clerk of the circuit court of the city orcounty wherein the inspection was made. The zoning administrator or his agent shall make areasonable effort to obtain consent from the owner or tenant of the subject dwelling prior toseeking the issuance of an inspection warrant under this section.  B. Prior to the initiation of an application by the owner of the subject property, the owner'sagent, or any entity in which the owner holds an ownership interest greater than 50 percent, for aspecial exception, special use permit, variance, rezoning or other land disturbing permit,including building permits and erosion and sediment control permits, or prior to the issuance offinal approval, the authorizing body may require the applicant to produce satisfactory evidencethat any delinquent real estate taxes, nuisance charges, stormwater management utility fees, andany other charges that constitute a lien on the subject property, that are owed to the locality and

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have been properly assessed against the subject property, have been paid, unless otherwiseauthorized by the treasurer.  Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595;1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c.177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481,856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802;1995, cc. 351,475, 584, 603;1996, c. 451;1997, cc. 529, 543, 587;1998, c. 385;1999, c. 792;2000, cc. 764, 817;2001, c. 240;2002, cc. 547, 703;2005, cc. 625, 677;2006, cc. 304, 514, 533, 903;2007, cc. 821, 937;2008, cc. 297, 317, 343, 581, 593, 720, 777;2009, c. 721;2012, cc. 304, 318;2014, c. 354;2017, c.398;2018, c. 726.  The chapters of the acts of assembly referenced in the historical citation at the end of this sectionmay not constitute a comprehensive list of such chapters and may exclude chapters whoseprovisions have expired. 

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1 PDRES #14-20

ORDINANCE AMENDMENT ______________________________ Action:

PLANNING COMMISSION: June 3, 2020 Public Hearing Held; Recommended Approval BOARD OF SUPERVISORS: June 10, 2020 Public Hearing Held;

AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE

CHAPTER 165 ZONING

ARTICLE I GENERAL PROVISIONS; AMENDMENT; AND

CONDITIONAL USE PERRMITS §165-101.08 VIOLATIONS AND PENALTIES; ENFORCEMENT

WHEREAS, an ordinance to amend Chapter 165, Zoning and to revise the current ordinance, to maximize the penalties for zoning violations. WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their February 27, 2020 regular meeting and generally agreed with the proposed changes; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 6, 2020 and generally agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 27, 2020 and agreed with the proposed changes; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on June 3, 2020 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on June 10, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning is amended maximizing fines in such a way to create a disincentive for violations, enabling fines up to the $1,000, $1,500, and then repeated $2,000 fines for the subsequent 10-day periods as enabled to localities by the Code of Virginia §15.2-2286; and

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2 PDRES #14-20

Passed this 10th day of June 2020 by the following recorded vote:

Charles S. DeHaven, Jr., Chairman Shawn L. Graber

J. Douglas McCarthy Blaine P. Dunn Gene E. Fisher Robert W. Wells Judith McCann-Slaughter A COPY ATTEST _____________________ Kris C. Tierney Frederick County Administrator

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