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BOARD OF SUPERVISORS
COUNTY OF FAUQUIER
WARRENTON, VIRGINIA
AGENDA
November 8, 2018

Work Session
Warren Green Building, 10 Hotel Street, Warrenton, VA 20186

Times set forth are approximate and may be adjusted as necessary.

11:00 AM AGENDA REVIEW (Paul S. McCulla, County Administrator, Sponsor; Renee P. Culbertson,
MMC, Staff)
12:00 PM LUNCH PRESENTATION BY MASON ENTERPRISE CENTER - FAUQUIER (OFFSITE) (Paul
S. McCulla, County Administrator, Sponsor; Renee P. Culbertson, MMC, Staff)
01:30 PM A CLOSED SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.2-3711(A)(3) TO
DISCUSS POTENTIAL ACQUISITION AND DISPOSITION OF REAL PROPERTY (Paul S.
McCulla, County Administrator, Sponsor; Paul S. McCulla, County Administrator, Staff)
02:00 PM A WORK SESSION TO REVIEW AND ACCEPT THE RAPPAHANNOCK RAPIDAN
COMMUNITY SERVICES BOARD'S ANNUAL REPORT (Paul S. McCulla, County
Administrator, Sponsor; Catherine M. Heritage, Deputy County Administrator, Staff)
02:30 PM A WORK SESSION TO DISCUSS THE COUNTY'S BROADBAND INITIATIVE (Richard
Gerhardt, Cedar Run District Supervisor, Sponsor; Catherine M. Heritage, Deputy County
Administrator, Staff)
03:00 PM A WORK SESSION TO REVIEW THE FY 2018 CARRYOVER PACKAGE (Paul S. McCulla,
County Administrator, Sponsor; Erin M. Kozanecki, Director, Staff)
03:30 PM A WORK SESSION TO DISCUSS A PROPOSED ZONING ORDINANCE TEXT
AMENDMENT TO ARTICLES 3, 5, 7 AND 15, AND A PROPOSED SUBDIVISION
ORDINANCE TEXT AMENDMENT TO SECTIONS 2 AND 4 RELATED TO SEWER AND
WATER PROVISIONS. (Christopher T. Butler, Lee District Supervisor, Sponsor; Heather
Jenkins PLA, Assistant Chief, Zoning/Development Services, Staff)
04:00 PM A WORK SESSION REGARDING FIREFIGHTER / LAW ENFORCEMENT WORKERS
COMPENSATION (Christopher T. Butler, Lee District Supervisor, Sponsor; Catherine M.
Heritage, Deputy County Administrator, Staff)
04:30 PM A CLOSED SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.2-3711(A)(8) TO
DISCUSS SPECIFIC LEGAL MATTERS REQUIRING THE ADVICE OF COUNSEL RELATED
TO PROPOSED PROFFER LITIGATION (Kevin J. Burke, County Attorney, Sponsor; Kevin J.
Burke, County Attorney, Staff)

Regular Meeting
Warren Green Building, 10 Hotel Street, Warrenton, VA 20186
6:30 PM

Possible additions to the agenda and related materials are not set forth herein.

1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ADOPTION OF THE AGENDA
4. CITIZENS' TIME
5. PROCLAMATIONS AND RECOGNITIONS
6. CONSENT AGENDA
a. Minutes Of The Fauquier County Board Of Supervisors (Paul S. McCulla, County
Administrator, Sponsor; Renee P. Culbertson, MMC, Staff)
b. A Resolution To Adopt The Board Of Supervisors Legislative Proposals For The 2019
General Assembly (Paul S. McCulla, County Administrator, Sponsor; Catherine M. Heritage,
Deputy County Administrator, Staff)
c. A Resolution To Accept A Memorandum Of Understanding Between The County And The
Homeowners Association Of Whippoorwill (R. Holder Trumbo, Jr., Scott District Supervisor,
Sponsor; Larry Miller, Director, Staff)
d. A Resolution To Award A Contract For The Construction Of M.M. Pierce Elementary
School Connector Trail (Christopher T. Butler, Lee District Supervisor, Sponsor; Larry Miller,
Director, Staff)
e. A Resolution Approving The Acquisition Of Mitigation Credits For Impacts To Waters Of
The U.S. For The Salem Avenue Revenue Share Project (Mary Leigh McDaniel, Marshall
District Supervisor, Sponsor; Kimberley P. Fogle, Director of Community Development, Staff)
f. A Resolution For Subdivision Street Acceptance Of The Brookside Subdivision For
Brittle Ridge Road, Bee Court, And Lake Drive, Scott Magisterial District (R. Holder
Trumbo, Jr., Scott District Supervisor, Sponsor; Stephanie Miller, Planning Associate II, Staff)
g. A Resolution To Initiate A Zoning Ordinance Text Amendment To Article 6 To Add
Additional Performance Standards Associated With Fundraising Events By Local Non-
Profits And Governmental Entities In The Agricultural (RA) And Conservation (RC)
Zoning Districts (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Amy Rogers,
Principal Planner, Staff)
h. A Resolution Directing The County Administrator To Schedule A Public Hearing To
Consider Amending Chapter 13, Article IV Of The Fauquier County Code To Set The
Vehicle License Registration Fee For Autocycles (Kevin J. Burke, County Attorney, Sponsor;
Mary Catherine Anderson, Sr. Asst. County Attorney, Staff)
i. A Resolution To Initiate A Zoning Ordinance Text Amendment To Article 11 Related To
Wireless Telecommunications Facilities (Richard Gerhardt, Cedar Run District Supervisor,
Sponsor; Andrew Hopewell, Assistant Chief of Planning, Staff)
j. A Resolution To Authorize The Donation Of Funds To The SPCA, Inc., For The Sale Of
Animal Friendly License Plates (Richard Gerhardt, Cedar Run District Supervisor, Sponsor;
Paul S. McCulla, County Administrator, Staff)
k. A Resolution To Updated And Re-Adopt The Fauquier County Emergency Operations
Plan (Paul S. McCulla, County Administrator, Sponsor; Darren L. Stevens, Fire Rescue Chief,
Staff)
l. A Resolution To Amend The FY 2019 Adopted Budget By $944,293 (Finance Committee,
Sponsor; Erin M. Kozanecki, Director, Office of Management & Budget, Staff)
m. A Resolution To Authorize The County Administrator To Schedule A Public Hearing To
Obtain Citizen Input On Adopting An Amendment To Fauquier County Code Section 19-
16 Pertaining To Grouting Of Wells (Christopher T. Butler, Lee District Supervisor, Sponsor;
Tracy A. Gallehr, Deputy County Attorney, Staff)
n. A Resolution Authorizing The Acceptance Of A Conservation Easement Over The
Property Of Poke, LLC. (R. Holder Trumbo, Jr., Scott District Supervisor, Sponsor; Kevin J.
Burke, County Attorney, Staff)
o. An Ordinance Authorizing The Refund Of Property Taxes To The Boys And Girls Club
(Christopher N. Granger, Center District Supervisor, Sponsor; Kevin J. Burke, County Attorney,
Staff)
p. A Resolution To Authorize The County Administrator To Schedule A Public Hearing To
Obtain Citizen Input On Updated And Amending The County Drought Plan (Christopher T.
Butler, Lee District Supervisor, Sponsor; Tracy A. Gallehr, Deputy County Attorney, Staff)
q. A Resolution Granting Major Site Plan Revision Fee Of $1,050 To 824 Properties, LLC (R.
Holder Trumbo, Jr., Scott District Supervisor, Sponsor; Miles Friedman, Director, Staff)
7. A RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY AND COUNTY ADMINISTRATOR TO
TAKE ALL ACTIONS NECESSARY TO TRANSFER 50+/- ACRES OF LAND FROM THE
STAFFORD FARM PROPERTY TO THE LORD FAIRFAX COMMUNITY COLLEGE FOUNDATION
(Paul S. McCulla, County Administrator, Sponsor; Paul S. McCulla, County Administrator, Staff)
8. APPOINTMENTS
• Committee Appointments for Consideration (Christopher T. Butler, Lee District Supervisor,
Sponsor; Renee P. Culbertson, MMC, Staff)
9. SUPERVISORS' TIME
10. ANNOUNCEMENTS

Public Hearings
1. A PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 13, ARTICLE IV OF THE
FAUQUIER COUNTY CODE TO EXEMPT ACTIVE AUXILIARY MEMBERS OF VOLUNTEER
FIRE AND RESCUE COMPANIES FROM ONE VEHICLE LICENSE FEE ANNUALLY AND TO
CONSIDER AMENDING CHAPTER 8, ARTICLE X AND CHAPTER 13, ARTICLE IV TO
DEFINE ACTIVE MEMBERS AND ACTIVE AUXILIARY MEMBERS CONSISTENTLY
THROUGHOUT THOSE CHAPTERS -

Code of Virginia § 46.2-752 authorizes the Board of Supervisors to exempt by ordinance one
vehicle license fee per year for both active members and active auxiliary members of volunteer
emergency medical services agencies and volunteer fire departments. Currently Fauquier
County Code § 13-51(1) exempts only active members of those organizations from the vehicle
license fee, not auxiliary members. If the Board desires to extend the exemption to active
auxiliary members, then the County Code must be amended. Additionally, there is some
inconsistency in the definitions of active members and active auxiliary members throughout
Chapters 8 and 13. If the Board wishes to eliminate those inconsistencies, amendments to both
chapters are necessary. Prior to amending the County Code, it is necessary to conduct a public
hearing to consider the public's input on the amendments. (Paul S. McCulla, County
Administrator, Sponsor; Mary Catherine Anderson, Sr. Asst. County Attorney, Staff)
2. A RESOLUTION TO AMEND THE FY 2019 ADOPTED BUDGET BASED ON THE FY 2018
CARRYOVER -
This item is a public hearing to public hearing to consider a resolution to amend the FY 2019
Adopted Budget and approve the FY 2018 carryover package. Staff will provide an update on
FY 2018 year-end status to the Board of Supervisors at its November 8, 2018 work session,
and recommendations of FY 2019 appropriation or transfer of remaining FY 2018 General Fund
unrestricted funds. Requests totaling $12,032,890 including appropriations of approximately
$8,750,491 and transfers of $3,282,399 will be identified at the presentation. The Code of
Virginia, § 15.2-2507, requires a public hearing when amendments to the budget exceed 1% of
total expenditures, which for FY 2019 totals $3,309,104. (Paul S. McCulla, County
Administrator, Sponsor; Erin M. Kozanecki, Director, Office of Management and Budget, Staff)
3. A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 3 TO ALLOW ABOVEGROUND
WATER AND SEWER PUMPING AND STORAGE FACILITIES IN THE TOWNHOUSE,
GARDEN APARTMENT, MANUFACTURED DWELLING PARK, COMMERCIAL-
NEIGHBORHOOD AND COMMERCIAL-VILLAGE DISTRICTS WITH APPROVAL OF A
CATEGORY 20 SPECIAL EXCEPTION - The proposed text amendment would allow an
applicant to request aboveground pumping and storage facilities for water and sewer in all
zoning districts with approval of a Special Exception. The Ordinance currently allows
aboveground facilities in all rural, residential, commercial and industrial zoning districts except
the TH, GA, MDP, C-1 and C-V districts, where this is not an allowed use. The Board of
Supervisors initiated this text amendment on September 13, 2018. The Planning Commission
held a public hearing to consider this text amendment on October 18, 2018 and unanimously
recommended approval. (Christopher T. Butler, Lee District Supervisor, Sponsor; Heather
Jenkins PLA, Assistant Chief, Zoning/Development Services, Staff)
4. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-18-009849 - KIBLER
PROPERTY - AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION FOR A
PRIVATE INDIVIDUAL SEWAGE TREATMENT SYSTEM THAT DISCHARGES INTO A
DRAINAGEWAY (PIN 7824-39-9729-000, CEDAR RUN DISTRICT) - The request is to allow a
private individual sewage treatment system that discharges into a drainageway for an occupied
single-family residence with a failing septic system. The proposed system will discharge treated
effluent into an existing drainage path within the Rock Run watershed. The Applicant contends
that there is no other possible solution for the failing septic system on this property. The
property is located at 14109 Goldvein Road, Goldvein. On October 18, 2018, the Planning
Commission voted unanimously to recommend approval of the application. (Robert and Victoria
Kibler, Owners/Dominion Soil Science, Inc., Applicant, Sponsor; Ben Holt, Planner II, Staff)
5. AN ORDINANCE TO APPROVE REZONING AMENDMENT REZN-18-009772 - VINT HILL -
AN APPLICATION TO REVISE THE APPROVED CONCEPT DEVELOPMENT PLAN AND
PROFFERS TO ALLOW FOR INCREASED NON-RESIDENTIAL DEVELOPMENT (7915-98-
2412-000, 7915-77-8085-000, 7915-66-7097-000, 7915-88-3261-000, 7915-76-8309-000,
7915-76-2583-000, 7915-77-2958-0000, 7915-87-3382-000, 7915-77-5430-000, AND 7915-75-
1909-000, SCOTT DISTRICT) - The Applicant is seeking approval of a Rezoning Amendment
to allow for increased non-residential development north of Vint Hill Parkway. The amendment
includes revisions to the Concept Development Plan and Proffers. The properties are located
within the New Baltimore Service District at the intersection of Aiken Drive and Kennedy Road,
north of Vint Hill Parkway. On October 18, 2018, the Planning Commission voted unanimously
to recommend approval of the application. (Vint Hill Village, LLC & Vint Hill Land 1, LLC,
Owners/EFO Capital Management, Inc., Applicant, Sponsor; Holly Meade, Assistant Director,
Staff)
6. A PUBLIC HEARING TO CONSIDER A TAX EXEMPTION REQUEST OF FOLLOWING THE
CHILD, LLC - Following the Child, LLC, has requested that its property be classified as tax
exempt. It is an Limited Liability Corporation (LLC) established to own the real estate of
Middleburg Montessori School. The School has previously obtained tax exempt status from the
County but transferred its real estate to the LLC for liability purposes. The organization qualifies
to apply for such tax exemption, and the Board of Supervisors must conduct a public hearing
prior to granting any such exemption. The attached Ordinance classifies the property as
exempt from real and personal property taxation. (Mary Leigh McDaniel, Marshall District
Supervisor, Sponsor; Kevin J. Burke, County Attorney, Staff)
7. A RESOLUTION AUTHORIZING THE COUNTY TO INSTITUTE AND CONDUCT
CONDEMNATION PROCEEDINGS AND ENTER ONTO AND TAKE THE PROPERTY OF
LYNN A. PIROZZOLI PRIOR TO OR DURING CONDEMNATION PROCEEDINGS - The
County has, through a negotiator, attempted to acquire a portion of the property of Lynn A.
Pirozzoli voluntarily and has made a bona fide offer to Ms. Pirozzoli. The County has not been
able to obtain the property, which is necessary in order to complete drainage and road
improvements to Meetze Road and the park entrance for the Central Sports Complex. To date
Ms. Pirozzoli has not agreed to convey the property. The property sought is .0648 acres or 2822
square feet for right of way, 2822 square feet for temporary construction and grading easement,
and 2065 square feet for stormwater easement in order to provide for drainage and roadway
improvement to Meetze Road and the Central Sports Complex entrance roadThe attached
resolution authorizes the County to acquire the property through the use of eminent domain and
to enter onto and take the property before or during condemnation proceedings. (Richard
Gerhardt, Cedar Run District Supervisor, Sponsor; Kevin J. Burke, County Attorney, Staff)
8. AN ORDINANCE TO REQUEST DISCONTINUANCE FROM THE STATE SECONDARY
SYSTEM OF HIGHWAYS AND TO ABANDON A PORTION OF BOWERS RUN DRIVE
WITHIN THE MINTBROOK DEVELOPMENT -

Pursuant to Article 2, Chapter 9 of Title 33.2 of the Code of Virginia (§§ 33.2-908 et seq.) the
Board may adopt an ordinance that discontinues and abandons a highway within the Secondary
System of State Highways. After the Board resolved to seek VDOT's abandonment of a portion
of Bowers Run Drive on May 10, 2018, pursuant to an alternative process found in § 33.2-912,
VDOT requested the County follow the more formal procedures of § 33.2-909 to proceed with
the abandonment. The portion of Bowers Run Drive (State Secondary Route 837) to be
discontinued from the State Secondary System of Highways and abandoned by the BOS runs
from where the road intersects with Marsh Run Road (US 17) and runs parallel with Marsh Run
Road for approximately 1,050 feet. The road is being replaced with a new road that serves the
same parcels, is included within the approved plans for the Mintbrook Development and its
completion is bonded by the developer.

(Christopher T. Butler, Lee District Supervisor, Sponsor; Tracy A. Gallehr, Deputy County
Attorney, Staff)
Adjournment

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