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September 14 2016 Closed Session and Regular Meeting Minutes0 5.4 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, September 14, 2016 at 5:30 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board convened in closed session pursuant to Section 2,2 -3711 A (3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jx. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Wells, the Board certified that to the best of each board member's knowledge only acquisition of real property for a public purpose puxsuant to Section 2.2 -3711 A (3) of the Code of Vir inia, 1950, as amended, speci$cally discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of Os /74!16 County of Frederick, Virginia 0��� adversely affect the bargaining position or negotiating strategy of the Board was discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RECESS Chairman DeHaven recessed the meeting unti17:00 p.m. REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Pastor Don Den Hartog, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator Brenda Garton advised the outdoor festival permit application for the Top of Virginia Building Association would be removed from the agenda at the request of the applicant. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the following items under the consent agenda: - Minutes from the August 10, 2016 Closed Session and Regular Meeting; and - .Parks and Recreation Commission Report. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Minute Book Number a2 Board of Supervisors Closed Session and Regular Meeting of 09/1A/16 County of Frederick, Virginia L�1+1 consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fishez Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W, Wells Aye INTRODUCTION OF CUB SCOUT TROOP Chairman DeHaven recognized the members of Cub Scout Troop 63 and their leader Mr. Cliff Jones. The troop meets at the Greenwood Fire Hall. CITIZEN COMMENTS Alan Morrison, Gainesboro District, addressed the Board regarding the proposed legislative agenda, particularly the sanctity of life. He stated that we live in a society where life has taken a back seat to convenience. He went on to say that all human life was sacred and it was never intended to be taken by anyone other than God. We should never treat human life rashly. Mr. Morrison then spoke about the work session prior to the meeting. He thought the presentation was well done and factual. He was concerned because it showed government must be in a state of perpetual debt. He concluded by saying we should look at ways other than. debt such as wise or limited spending. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn encouraged the scouts to continue in scouting and to work for their Eagle Scout badge. MINUTES - APFROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dunn, the Board approved the minutes from the July 27, 2016 Closed Session and Regular Meeting by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye The minutes from the August 10, 2016 Closed Session and Regular Meeting were approved under the consent agenda. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia ��� COUNTY OFFICIALS COMMITTEE APPOINTMENTS NOMINATION OF DWIGHT SHENK AS GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF ZONING APPEALS TO FILL THE UNEXPIRED TERM OF BRUCE CARPENTER - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board nominated Dwight Shenk as Gainesboro District representative to the Board of Zoning Appeals to fill the unexpired term of Bruce Carpenter. Term expires December 31, 2019. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye NOMINATION OF MARK BARENKLAU TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board nominated Mark E. Barenklau to the Lord Fairfax Emergency Medical Services Council. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye APPOINTMENT OF AMY CLINE STROSNIDER TO THE PARKS AND RECREATION COMMISSION AS MEMBER -AT -LARGE - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board appointed Amy Cline Strosnider as Member -At -Large to the Parks and Recreation Commission. This is a four year appointment. Term expires September 14, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye REAPPOINTMENT OF TODD B. LODGE TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia ��J� Upon a motion by Supervisor Fisher, seconded by Supervisor Slaughter, the Board reappointed Todd B. Lodge to the Conservation Easement Authority. This is a three year appointment. Term expires August 24, 2019. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye REAPPOINTMENT OF ROBERT W. WELLS AS FREDERICK COUNTY REPRESENTATIVE TO THE REGIONAL JAIL AUTHORITY. - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed Robert W. Wells as Frederick County representative to the Regional Jail Authority. This is a four year appointment. Term expires October 13, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RE UEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Interstate Rescue the amount of $9,267.20 for personal property taxes and penalties from 2013 -2016. This refund resulted from an audit of the company on reported personal property filings that included non - taxable items. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the above refund request and supplemental appropriation. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Administrator Garton advised this was a request from the Commissioner of the Revenue Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14!16 County of Frederick, Virginia 05 to authorize the Treasurer to refund Toyota Lease Trust the amount of $3,477.21 for personal property taxes in 2016. This refund resulted from normal proration of vehicle taxes where vehicles financed by this company were either sold or moved from this locality. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the above refund and supplemental appropriation. The above motion was approved by the foliowing recorded vote: Chazles S. DeHaven, Jr: Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PROPOSED 2017 LEGISLATIVE INITIATIVES — APPROVED AS MODIFIED Administrator Garton advised that staff was seeking action from the Board regarding proposed legislative initiatives for 2017. The Board reviewed the proposed 2017 legislative initiatives. Each new initiative was reviewed to see if it should be included in the final list, which would be transmitted to the County's delegation. Fending for Transportation Improvements This item remained on the list, but language was modified to be more general and to put an emphasis on local roads such as Route 37. Death wish Dignity Act Supervisor Fisher advised this item was added at the request of a constituent. Chairman DeHaven and Supervisors Dunn, Ness, and Slaughter stated they could not support this proposal. The item was removed from the list of legislative priorities. Definition of Meeting Chairman DeHaven stated he opposed this proposal because he felt changing the definition of a meeting went against open government. Supervisor Lofton agreed and stated the public could see it as less transparent. Supervisor Wells was uncomfortable with this proposed change. Supervisor Fisher agreed. This i #em was removed from the list of legislative priorities. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14!16 County of Frederick, Virginia i. Presidential Primary Supervisor Hess stated he was okay with including this proposal if the last paragraph of the language was removed. Supervisor Dunn agreed with that modification. `This item remained on this list as modified. Instant Run Offs or Alternative Supervisor Hess noted the burden of this extra expense would fall to the localities and he had concenrzs about that. Supervisar Wells stated he liked the current system. Supervisor Slaughter stated she would like more information regarding the implications. Supervisor Hess suggested removing it this year and possibly looking at it for inclusion next year, once more information was obtained. Supervisor Fisher agreed. Supervisor Dunn moved to include the instant run off proposal as part of the legislative agenda. The motion died for lack of a second. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board adopted the 20171egislative initiatives, as modified. 1. Medicaid coverage for jail inmates. — Frederick County supports legislation to eliminate the ineligibility of incarcerated inmates to receive Medicaid benefits. Currently state law requires that incarcerated individuals lose their Medicaid coverage while they are in jail. This negatively impacts the locality's contribution to local or regional jail budgets, especially with the increasing numbers of chronically and mentally ill inmates on the rise. This proposed change would also allow state inmates to receive Medicaid benefits while incarcerated. 2. Tax Incentives for Land Conservation — Frederick County supports increasing the tax incentives in order to encourage landowners to participate in land conservation programs. 3. Funding for Public Education — Frederick County supports the use of state lottery funds exclusively for public education. 4. Funding for transportation improvements — Frederick County supports increased funding for local transportation improvements. 5. Reconsideration of SB 549 — Frederick County encourages the General Assembly to reconsider the provisions of SB 549, which enacted § 15.2 - 2303.4 as an amendment to the Code of Virginia, so that localities might, have the flexibility to better work with the development cammunity in order to address the increased demand for public facilities and services (e.g. schools, roads, parks, and public safety services) caused by increased residential growth. At a minimum, the legislation needs to provide guidelines for localities to follow for implementation. 6. Increased Funding for Revenue Sharing Projects — Frederick County opposes the proposal to reduce the amount of funding available for revenue sharing projects. Frederick County supports increasing the amount money to be made available for revenue sharing projects. 7. Local Approval for Wireless Communications Facilities — Frederick County supports the continuance of local government authority to approve the locations and conditions for the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia o� placement of wireless communications facilities. Any attachment or co- location of communications infrastructure on local government buildings and facilities and the fees for such attachment should be determined by the locality. 8. Commonwealth Opportunity Fund — Frederick County supports maintaining existing funding levels the Commonwealth Opportunity Fund {COF). The COF has been the target of budget cuts over the past several years. Existing funding levels for the program must be, at a minimum, maintained. Economic Development Leadership — Frederick County supports consistent leadership at the Virginia Economic Development Partnership because relationships are vital to economic development and maintaining those contacts over time is essential to a successful marketing program. Virginia's unique one -term gubernatorial term in the past led to a situation of frequent turnover of state economic development leadership. Consistency in leadership will maintain and enhance the business community's confidence as it makes decisions about investments in Virginia and will give Virginia's governors an experienced resource to accomplish their economic development goals and objectives. 10. Career Technical and STEM Education — Frederick County supports funding, access, and enhancements to Career Technical Education and Science, Technology, Engineering &Math (STEM) programs in order to enable employers to hire a quality workforce. 11. Skill- Enhancing Non - Credit /Credentiaing Courses — Frederick County supports additional funding to increase opportunities for more non - credit credentialing courses provided through the Virginia Community College System in order to enhance the specific skills of workers needed by employers. 12. Creating and Maintaining a Competitive Product — Frederick County supports the Virginia Buildable Sites Initiative and other efforts to provide a more competitive product for those businesses looking to locate or expand in the Commonwealth. Site readiness is important to Virginia's economic development efforts. Currently, Virginia has the lowest number of buildable /certified sites in the nation. 15. Tax Returns Filed Electronically. The Commonwealth states they would prefer electronic tax filings for simplicity and to expedite returns. Current law allows free tax. filings for lower income earners and a fee for higher income earners. If the Commonwealth truly wants to encourage electronic filings for all taxpayers, change the law to have the same terms apply to all taxpayers. 16. Presidential primary - Current law requires that to qualify for placement on the presidential ballot for primary elections, the candidates must get 5000 registered voters signatures including 200 signatures from each of the 1lcongressional districts. Change the law to eliminate the requirement that presidential candidates need to get signatures from each of the 11 congressional districts. All the states electoral votes go to the candidate who garners the most votes irrespective of which congressional district from which they were cast; and / or Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia 1. 18. Tax Exemptions — Frederick County supports reverting authority to the locality to continue existing tax exemptions previously granted by the General Assembly, priorto January 1, 2003. 19. Equal Taxing Authority for Counties Eligible for City Status — Frederick County supports legislation to provide equal taxing authority for Counties based on population density {i.e. Counties that already have the population density to be eligible for city status should also be recognized for needing additional taxing authority to address the impacts of urbanization and higher density, as currently defined in the State Code). 20. Machinery and Tools /BPOL Taxes — Frederick County opposes any efforts to restrict local government revenue sources. Machinery and Tools Tax (M &T} represents $5.7 million for the County and Business and Professional License Tax. (BPOL} generates $6 million irrrevenues. 21. Education Funding — Frederick County calls upon the Governor and General Assembly to fully fund the Virginia Standards of Ctuality as recommended by the Board of Education and the Standards of Accreditation. 22, Cost of Competing — Frederick County supports full reinstatement of the COCA (Cost of Competing Adjustment) for teachers and support staff. 23. Nutrient Waste Load Allocations — Frederick County apposes any reallocation of existing State Water Control Board (SWCB) approved nutrient allocations. 24. High Speed Internet Availability - Frederick County supports efforts that would improve access to high speed Internet for its citizens and businesses. 25. Changes to Legal Notices —With limited readership of the legal notices published in area newspapers, localities should be allowed to provide notice electronically and not be required to subsidize newspapers. 26. Unfunded Mandates — Frederick County opposes the enactment of any new mandates on local governments or school systems unless state appropriations are made to fully fund those mandates. 27. Funding for State Mandated Positions - Frederick County believes the state should meet its full funding obligations for constitutional officers and other state mandated positions. Frederick County supports budget language that is clear and concise as it relates to any proposed pay increases for constitutional officers and other state mandated positions. 28. Funding for Jails —The state should fully fund any increased costs or operational issues faced by local or regional jails when a change to the definition of state - responsible prisoner or other term results in an increase. 29. FOIA Rules — Frederick County supports enactment of a FOIA provision to prohibit the release of home address, certification, and other personal information of law enforcement officers. Frederick County opposes the expansion of FOIA rules to provide for the release of County Administrator working papers and any requirement that the evaluation of the County Administrator and County Attorney take place in a public meeting. 30. District Courts — Frederick County supports legislation to increase the salaries and staffing of district courts in order to bring them on par with employees of circuit courts and other state agencies. This may include dividing the state into regional districts to account for the differences in housing and cost of living in different parts of the Commonwealth. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09!1.4/16 County of Frederick, Virginia i 31. Election Costs and Districts — Frederick County supports legislation that would decrease the costs of elections and primaries to localities and the provision of adequate funding to localities for optical scan and other voting equipment and registrar costs. The County also supports legislation to minimize and /or eliminate split voting precincts. Frederick County supports legislation to for the General Assembly to fund 1000 of the annual salaries of the General Registrars and Electoral Boards. 32. Interest on Tax Refunds — Frederick County supports legislation to eliminate the payment of interest on tax refunds resulting from taxpayer error. 33. Alternative Septic System Inspections /Enforcement — Frederick County requests the State provide adequate resources to local heaith departments to better enable them to track inspections and enforce inspection requirements for alternative septic systems to include additional funding in order to hire sufficient staff to conduct inspections of alternative systems and ensure local offices are able to impose appropriate penalties for noncompliance. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 9, 2016. Members present were: Patrick Anderson, Randy Carter, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., and Blaine Dunn {Board of Supervisors' Non - Voting Liaison). Members absent were Chris Fordney. Items requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Public Relations Committee — .Inly 4t�" Celebration — Mr. Anderson updated the full commission of the Public Relations Committee meeting regarding July 4 and a merger with the Middletown event. Mr. Madagan moved not to accept the Town of Middletown's request to combine our 4rn of July events together and to keep both. events separate with. a caveat that our Public Relations Committee agrees to meet with Middletown's representative at their request to discuss ways to enhance each other's events that are acceptable and beneficial to both parties, second by Mr. Sandy, carried unanimously (6 -0). HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, August 12, 2016. All HR Committee members were present. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator for Community Development; Jay Tibbs, Deputy County Administrator for Human Services; Melissa Rice, VW Program Manager; Lynsey Omdorff, HR Manager; Delsie Jobe, Administrative Services Manager, DSS; Sharon Kibler, Asst. Finance Director; Rod Williams, County Attorney; Gary Lofton, Board of Supervisors; Ashley Hicks, HR Recruiting Specialist; Jackie Jury, CSA Coordinator; and James Whitley, NRADC Superintendent. Minute Book Number 42 Board of Supervisors Ckosed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia 064 ** *Items Requiring Board Action * ** 1. HR Policy Revisions; see attachments: a. Section VI, §ba Probationary Period Policy. - APPROVED The Committee reviewed the attached policy revision, Upon a motion by Blaine Dunn, seconded by Beth Lewin, the Committee recommended approval of the policy revision; the motion was approved unanimously. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the above policy revision by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fishex Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye b. Section IX, Training &Tuition Assistance Policy. - APPROVED The Committee reviewed the attached policy revision. Upon a motion by Beth Lewin, seconded by Robert Wells, the Committee recommended approval of the policy revision; the motion was approved unanimously. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the above policy revision by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Durm Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye c. Section XVI, §16.2, Part -Time Employment. - APPROVED The Committee reviewed the attached policy revision. Upon a motion by Beth Lewin, seconded by Don Butler, the Committee recommended approval of the policy revision; the motion was approved with one opposed. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above policy revision by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Request from Commonwealth's Attorney's Office, Victim Witness Program Manager for an Additional Position Allocation. — APPROVED Upon a motion by Robert Wells, seconded by Don Butler, the Committee recommended approval of the position; the motion was approved unanimously. Minute Book Number 4Z Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia o� Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the above position request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 3. Request from the Deputy County Administrator, Children Services Act for an Additional Position Allocation. -- APPROVED Upon a motion by Don Butler, seconded by Dorrie Greene, the Committee recommended approval of the position; the motion was approved unanimously. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above position request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 1. Bonus Ordinance: Discretionary Bonus Guidelines for Frederick County. The HR Committee will continue the discussion regarding the Bonus Ordinance. 2. The September 9th HR Committee meeting has been cancelled. There being no further business, the meeting was adjourned. PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Thursday August 18, 2015 at 8:30 am. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Blaine Dunn, Chuck Torpy, and Helen Lake. Also in attendance were County Attorney Rod Williams, Fire & Rescue Chief Denny Linaburg, Major Steve Hawkins, Communications Director LeeAnna Pyles, Deputy County Administrator for Human Services Jay Tibbs, Deputy Fire Chief Larry Oliver, Fire Marshall Jay Bauserman, Revenue Recovery Manager Chrissy Bauserman and Chief Chester Lauck. The following items were discussed: ** *Item Requiring Board Action * ** 1. Review of Pnblic Safety Committee Charter - APPROVED The Public Safety Committee unanimously recommended the verbiage under III Meetings: be changed to read: "The Committee shall meet bi- monthly or more or less frequently as circumstances dictate. " Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the above charter amendment by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia os�� Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Discussion Items * ** 2. Fee for Service Contract and MOU Review (see attachedl Revenue Recovery Manager Chrissy Bauserman informed the Committee that the fee for service program has been running smoothly and they have been getting very positive feedback from citizens. Chairman Fisher and the Committee commended the department and staff on an outstanding effort in handling and running the fee for service program and making it very positive and successful. Helen Lake recommended a press release be done to draw attention to the success of the program and those involved. Chairman Fisher requested Jay Tibbs to meet the County's PIO to work on this release. It was also recommended that Mr. Lofton, Chief Lauck, Chief Linaburg and Ms. Lake meet to review the current MOU and bring changes, if any, back to the committee at its next meeting. 3. Pro osed Ordinance Re ardin the Clearin of Fire H drants in Inclement Weather Supervisor Dunn brought up the issue of clearing Ezra hydrants during inclement weather and who bears the responsibility. Fire Marshall Jay Hauserman read the sections from the Fire Code that address this issue and mentioned tha# laws are also in place for blocking/obstructing of hydrants. It was discussed that the City has "antenna rods" on top of their hydrants to help locate them during large snowstorms. The Committee made a motion for a PR campaign to run before and during snowy conditions to remind citizens to clear the hydrants, shovel sidewalks, etc. in their areas as it is a public safety concern. The Committee also asked staff to look into the "antenna rod" idea. Funding could possibly be obtained through a grant. Further information will be brought back at the next meeting. 4. Other Business Major Hawkins advised the Committee that in July the Sheriffls Department underwent an audit and has become accredited for 4 more years. Chief Lauck mentioned that Chief Linaburg has recently been appointed to sit on the board of the State Fire Service Board. Next Mee #ing: Date to beset for October 20, 2016 at 8:30 a.m. Adjourn: The meeting was adjourned at 9;40 a.m. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wedtlesday, August 17, 2016 at 8:00 a.m. Member Angela Rudolph and non - voting liaison C. William Orndoff, Jr, were absent. Items 8, 9, 12, 13, and 14 were approved under consent agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia i� Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye i. The Parks and Recreation Director requests an FY17 General Fund supplemental appropriation in the amount of $13 163. This amount represents a carry forward of unspent FY16 funds for the completion of phase one development at Rose Hill Park. See attached memo, p. 5. The committee recommends approval. - APPROVED Upon a motion by .Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Z. The Parks and Recreation Director requests an FY17 General Fund supplemental appropriation in the amount of $4,111,71. This amount represents a carry forward of unspent FY16 funds fox the completion of the Sherando Park Master Plan update. See attached memo, p. 6. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 3. The NRADC Superintendent requests an FY17 NRADC Fund supplemental appropriation in the amount of $105,475.42. This amount represents the first bond payment for the security system upgrades. See attached memo, p. 7. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 4. The Winchester Regional Airport Executive Director requests an FY17 Airport Capital Fund supplemental appropriation in the amount of $4,206,400 and an FY17 General Fund supplemental appropriation in the amount of $157.333. These amounts represent the Airport Capital budget for FY17 and the local contribution. The Airport Capital request requires a public hearing. See attached information, p. 8 — 24. The committee recommends approval. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/]4!16 County of Frederick, Virginia 1.E 5. The IT Director requests an FY17 General Fund su plemental appropriation in the amount of $108,032. This amount represents a carry forward of unspent FY16 funds for the data center refresh lease. See attached memo, p. 25. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 6. The Public Works Director requests an FY17 Landfill Fund supplemental appropriation in the amount of $15 000 This amount represents a carry forward of unspent FY16 funds for chiller repair on the landfill gas treatment skid, See attached memo, p. 26 — 27. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 7. The Public Works Director requests an FY17 General Fund su lemental appropriation in the amount of $12 560 This amount represents funds for a scanner lease and software. See attached memo, p. 28 - 42. The committee recommends approval. — REFERRED BACK TO COMMITTEE 8. The Sheriff requests an FY17 General Fund su lemental a ro riation in the amount of $100. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p. 43. — APPROVED UNDER CONSENT AGENDA 9. The Sheriff requests an FY17 General Fund su lemental a ro riation in the amount of $300. This amount represents a donation to DARE. No local funds required, See attached memo, p. 44. — APPROVED UNDER CONSENT AGENDA 10. The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $20.000. This amount represents career development funding that was inadvertently omitted from the FY17 budget request. Local funds aze required, See attached memo, p. 45. The committee recommends the department transfer within current budget. No action required. 11. The Sheriff requests an FY17 General Fund su lemental a ro riation in the amount of $25.000. This amount represents funds to implement an electronic summons system. No local funds required. See attached memo, p. 46. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09f14/16 Coanty of Frederick, Virginia [�I Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann�Slaughter Aye Robert W. Wells Aye 12. The Sheriff requests an FY17 General Fund su lemental a ro riation in the amount of $9,750.03. This amount represents an auto claim. No local funds required. See attached memo, p. 47. — APPROVED UNDER CONSENT AGENDA 13. The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $514.08. This amount represents a carry forward of unspent FY16 Abbott grant funds. See attached memo, p. 48. — APPROVED UNDER CONSENT AGENDA 14. The Sheriff requests an FY17 General Fund supplemental apLropriation in the amount of $31. This amount represents a donation to the K -9 program_ No local funds required. See attached memo, p. 44. — APPROVED UNDER CONSENT AGENDA 15. Per the Finance Committee's request, information on County committee /commission pay is provided for discussion. See attached, p. 50. The committee requests the County Administrator present a recommendation at the September Finance Committee meeting. No action required. 16. Per the Finance Committee's request, the County Transfer Policy is provided for discussion. See attached, p. 51. The committee made no recommendation. No action required. ** *Information Only * ** 1. The Finance Director provides a Furid 10 Transfer Report for July 2017. See attached, p. 52. 2. The Transportation Director provides an update on the Russell 150 project spending. See attached, p. 53. TRANSPORTATION COMMITTEE R)H1POR'1' - APPROVED The Transportation Committee met on August 22, 2016 at 8:30 a.m. _Members Present Members Absent Gary Lofton (voting) Mark Davis (liaison Middletown) Judith McCann- Slaughter (voting) Gary Oates (liaison PC) James Racey (voting) Barry Schnoor (voting) Lewis Boyer (liaison Stephens City) Gene Fisher (voting) Kevin Kenney (PC Liaison fill in) ** *Items Requiring Action * ** 1. SmartScale (HB2) Applications - APPROVED Attached, please find the map of proposed SmartScale applications for which we have begun the process as well as a draft priozitization of the projects. The committee considered this item and forwarded it to the Board for consideration. Please note, 2 of the projects shown (Exit 313 and Route 11 in the vicinity of Shawnee Drive) are MPO applications and are shown on this map for informational purposes only. SmartScale (HB2) Draft Proiect Prioritization 1. Route 37 extension from Tasker Road to Route 522. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia 07� 2. (Variation of Project 1) Route 37 extension from Tasker Road to Future Warrior Drive location combined with construction of Warrior Drive from that location to current terminus of Warrior Drive. 3, Exit 317 NB exit ramp relocation to location where Redbud Road currently ties into Route 11 North combined v�ith the rerouting of Redbud Road to Snowden Bridge Boulevard. 4. Route 277 from Double Church Road to Warrior Drive, widening and access Management. 5. Route 11 North, widening from Snowden Bridge Boulevard to Old Charlestown Road. 6. Sulphur Springs Road, reconstruction and widening from Route 50 to the landfill. 7. Intersection of Senseny Road and Crestleigh Drive, turn lanes on Senseny. 8. Intersection of Route 277 and Warrior Drive, extend the eastbound right turn lane on Route 277 and pedestrian safety improvements along the southern part of Warrior Drive. 9. Intersection of Papermill Road and Route 522, extend right turn lane on eastbound Papermill Road. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the prioritization of SmartScale (HB2) by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Loi�on Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 2. County Project Updates Snowden Bridge Boulevard: Construction is underway and on schedule at this time. Expected completion is in approximately 2 months. Tevis Street Extension/Airport Road/I -81 Bridge: The revenue sharing agreement has been executed and design is once again underway on the bridge. In addition, the traffic impact analysis that will determine the design specifics for the Airport Road is underway and a draft is expected shortly. Renaissance Drive: Transportation Partnership Opportunity Fund application has been submitted which could change the project from a grade to a bridge crossing. Staff is coordinating with CSX and VDOT to complete an MOU for the process of getting the crossing as well as determining unimproved rail crossings for upgrade. Valley Mill Road Realignment: Thirty percen# design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: Noactivity at this time. Jubal Early Drive 'Extension and Interchange with Route 37: Initial meetings regarding a draft agreement and follow up application for additional revenue Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09(14/16 County of Frederick, Virginia X71 sharing funds has been held with the private partner team. 3. Other FUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF THE TOP OF VIRGGINIA BUILDING ASSOCIATION —CHILI COOK -OFF. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, OCTOBER 8, 2016, FROM 11:00 A.M. TO 6:00 P.M.; ON THE GROUNDS OF THE STONEWALL DISTRICT RURITAN CLUB, 136 RURITAN WAY, CLEAR BROOK, VIRGINIA. PROPERTY OWNED BY STONEWALL DISTRICT RURITAN. — WITHDRAWN AT THE REQUEST OF THE APPLICANT. PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 158, VEHICLES AND TRAFFIC; ARTICLE V, SCHOOL BUSES; SECTION 158 -19, PASSING STOPPED. SCHOOL BUSES; PENALTY; PRIMA FACIE EVIDENCE;. TO _ADD THIS SECTION TO AUTHORIZE THE USE OF AVIDEO- MONITORING SYSTEM TO RECORD AND ENFORCE VIOLATIONS OF CODE OF VIRGINIA &46.2 -859, PASSING A STOPPED SCHOOL BUS. - APPROVED County Attorney Rod Williams advised this was a proposed ordinance to authorize Frederick County Schools to install a camera monitoring system on the outside of school buses. The proposed ordinance authorizes a violation procedure for drivers that pass stopped school buses. The violators will be served a summons. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Dunn, seconded by Supervisor Hess, the Board approved the ordinance amending Frederick County Code, Chapter 158, Vehicles and traffic, Article V School Buses, Section 158 -19 Passing Stopped School Buses; Penalty; Prima Facie Evidence. The Board of Supervisors of Frederick County, Virginia hereby ordains that Article V (School Buses) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, enacted, as follows: CHAPTER 158 VEHICLES AND TRAFFIC Article V School Buses § 158 -19 Passing stopped school. buses; penalty; prima facie evidence, A. Pursuant to the authority and provisions of § 46.2 -844 of the Code of Virginia, 1950, as amended, the Frederick County school division is hereby authorized to install and operate a video - monitoring system in or on school buses operated by the school division or may contract with a private vendor to da so on behalf of the school division for the purpose of recording violations of subsection A of § 46.2 -844 of the Code of Virginia, which provision of the Code of Virginia has been duly incorporated by reference in § 158 -1 of this Code. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09!14/16 County of Frederick, Virginia o��i B. The driver of any motor vehicle who violates subsection A of § 46.2 -844 of the Code of Virginia is subject to a civil penalty of $250.00, collected by the District Court, which penalty, when collected, shall be paid to the Treasurer of Frederick County. C. A summons, to appear in the District Court, for a violation of subsection A of §46.2 -844 of the Code of Virginia may be executed by the Sheriff as provided in §19.2 -76.2 of the Code of Virginia, based on information provided to the Sheriff regarding the violation, and, notwithstanding the provisions of § 19.2 -76 of the Code of Virginia, the summons may be executed by mailing by first -class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department of Motor Vehicles, as determined by the Sheriff. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection A of § 46.2 -844 of the Code of Virginia and (ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear in the District Court on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed by the Sheriff in the manner set out in § 19.2 -76.3 of the Code of Virginia. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appeaz on the return date of the summons. Any summons executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by avideo- monitoring system in connection with the violation. D. The term "video- monitoring system" shall have the meaning given it in subsection B of § 46.2 -844 of the Code of Virginia. Enacted this 14th day of September, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Supervisor Dunn stated that he would encourage that some of the fees collected be allocated to the General District Court to relieve some of the additional costs. Supervisor Hess echoed Supervisor Dunn's comments. PUBLIC HEARING - AMENDMENT TO THE 2016 -2017 FISCAL YEAR BUDGET — FURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA 1950. AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2016 -2017 BUDGET TO REFLECT: THE WINCHESTER REGIONAL AIRPORT EXECUTIVE DIRECTOR RE UESTS AN FY17 AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4 206 400. THIS AMOUNT REPRESENTS THE AIRPORT CAPITAL BUDGET FOR FY17. - (RESOLUTION #015 -161 - APPROVED Administrator Garton advised this was a budget amendment fora supplemental appropriation for the Airport Capital budget for FY17 Chairman DeHaven convened the public hearing. There were no public comments. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14!16 County of Frederick, Virginia o�� Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the budget amendment for the Airport Capital Budget for FY17. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Vir>7inia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 14, 2016, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY201b -2017 Budget be Amended to Reflect: The Winchester Regional Airoort Executive Director Requests an FY17 Airt�ort Capital Fund Su lemental A ro riation in the Amount of $4 206 400. This Amount Represents the Airport Capital Budget for FY17. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved an FY17 General Fund supplemental appropriation in the amount of $157,333. This amount. represents the local contribution to the Airport Capital budget for FY17. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #fl6 -16 FOR BORDEN REAL ESTATE, LLC, WHICH SUBMITTED FOR A PUBLIC GARAGE WITH BODY REPAIR. THE PROPERTY IS LOCATED AT 151 CONESTOGA LANE, STEPHENS CITY, VIRGINIA AND IS IDENTIFIED WIT_ H_PR_O_PERTY IDENTIFICATION NUMBER 85 -A -5 IN THE BACK CREEK MAGISTERIAL DISTRICT. — (RESOLUTION #016 -16) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a public garage with body repair. The property is located at 151 Conestoga Lane and is zoned RA (Rural Areas) District. This application would amend an existing conditional use permit. Zoning Administrator Cheran Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia oar noted the garage has not been in operation, but it ,does meet the requirements of the 1990 conditional use permit. He stated the Planning Commission recommended approval of this application with modified conditions and the applicant was amenable to the conditions. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved Conditional Use Permit #06 -16. WHEREAS, Conditional Use Permit #06 -16 for Borden Real Estate, LLC, submitted by Borden Real Estate, LLC to update and amend Conditional Use Permit #001 -90 for a Public Garage {with Body Repair) was considered. The Property is located at 151 Conestoga Lane, Stephens Ciry, Virginia and is further identified with Property Identification Number 85 -A- 5, in the Back Creek District; and, WHEREAS, the Frederick County Planning Commission held a public hearing an the Conditional Use Permit on August 3, 2016, 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 September 14, 2016; and, WHEREAS, the Frederick County Board of Supervisors fmds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 #06 -16 for a Public Garage (with Body Repair) on the parcel identified by Property Identification Number 85 -A -5 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six {6) feet in height. 4. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. S. Not more than four (4) employees allowed, 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (S) vehicles waiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. 11. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/1.4/16 CounTy of Frederick, Virginia 07`, Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye .Iudith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - CONDITIONAL USE PERMTT #07 -i6 FOR GINGER TEETS, WHICH SUBMTTTED FOR A COTTAGE OCCUPATION FOR SALES OF ARCHERY SUPPLIES. THE PROPERTY IS LOCATED AT 3641 GREEN SPRING ROAD, WTNCHESTER, VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 13 -3 -16 IN THE GAINESBORO MAGISTERIAL DISTRICT. — (RESOLUTION #017 -16�- APPROVED Planner Tyler Klein appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a cottage occupation for sales of archery supplies. The property is located at 3641 Green Spring Road in the Gainesboro Magisterial and is zoned RA (Rural Areas) District. The proposed use will take place in an existing structure. Planner Klein advised the Planning Commission recommended approval of the conditional use permit. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved Conditional Use Permit #07 -16 with a revised condition 3 that the hours of operation be 8:00 a.m. to 6:00 p.m., Monday through Saturday. WHEREAS, Conditional Use Permit #07 -16 of Ginger Teets, submitted by Ginger Teets for a cottage occupation for the sale of archery supplies and equipment in the RA (Rural Areas} Zoning District was considered. The Property is located at 3641 Green. Spring Road, Winchester, Virginia and is further identified with Property Identification Number 13 -3 -16 in the Gainesboro District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on August 3, 2016, 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 September 14, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 #07 -16 for the sale of archery supplies and equipment on the parcel identified by Property Identification Number 13 -3 -16 with the following conditions: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Rrederick, Virginia I1 1. All review agency comments and requirements shall be complied with at all times. 2. One small cottage occupation sign permitted with approval of the Conditional Use Permit. 3, Hours of operation shall be 8:00 a.m. to 6:00 p.m. Monday through Saturday. The business shall not operate on Sunday. 4. No more than twenty -five (25} customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Loon Aye Judith McCann - Slaughter Aye Roberk W. Wells Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #08 -16 FOR CROSSROAD GROCERY, GREENWAY ENGINEERING. INC., SUBMITTED FOR A COUNTRY STORE ADDITION. THE PROPERTY IS LOCATED AT NORTHEAST INTERSECTION OF NORTH FREDERICK PIKE ROUTE 522 NORTH) AND CEDAR GROVE ROAD (ROUTE 6541 AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42 -A -307 AND 42- A -309A IN THE GAINESBORO MAGISTERIAL DISTRICT. — SOLUTION #Oi8 -16 - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a country general store with fuel sales. This proposal would expand an existing country store. The site is comprised of two parcels and is zoned RA (Rural Areas) District. This use is permitted in the RA (Rural Areas) District with an approved conditional use permit. The applicant is proposing a 15,000 square foot addition to the store and a 3,000 square foot fuel canopy. The Planning commission recommended approval with conditions. Evan Wyatt, Greenway Engineering, appeared before the Board to answer any questions. In response to the entrance on Cedar Grove Road, Mr. Wyatt advised this application would help provide some safety improvements by moving the new entrance farther away from Route 522. The existing entrance onto the site from Cedar Grove Road will be closed. The project will need to go through an access management exception plan. Chairman DeHaven convened the public hearing. Carolyn Anderson, Gainesboro District, expressed concerns about the impact of this Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14!16 County of Frederick, Virginia development on adjacent property owners. She stated VDOT should do a traffic count to see the number of vehicles going to Route 522. Bob Anderson, Gainesboro District, stated there was not enough room on the site for tractor trailers. He stated the applicant was trying to make this country store like a 7 -11 or Sheetz, but there was not enough room on the site. There being no further public comments, Chairman DeHaven closed the public hearing. Chairman DeHaven asked Mr. Wyatt if he would like to respond to any of the comments or issues raised. Mr. Wyatt declined. Supervisor Hess stated this was a locally owned and family operated business and this proposal would improve the traffic flow into and out of the property. He suggested a removal of condition number 5 "No outdoor display of goods will be permitted ", as he felt it was an unnecessary restriction. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved Conditional Use Permit #08 -16 with the following condition removed "no outdoor display of goods will be permitted ". WHEREAS, Conditional Use Permit #0$ -L6 for Crossroad Grocery, submitted by Greenway Engineering for a Country General Store with Fuel Sales was considered. The Properties are located at the intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and are further identified with Property Identification Numbers 42 -A -307 and 42 -A- 309A, in the Gainesboro District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on August 17, 2016, 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 September 14, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 #08 -16 for a Country General Store with Fuel Sales on the parcels identified by Property Identification Numbers 42 -A -307 and 42 -A -309 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County, and site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia � ��� (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4, Store hours of operation shall be 5:00 a.m. to 11:00 p.m, Monday - Sunday. Gas canopy lighting shall only be permitted to occur during store hours of operation. 5. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. Fueling for delivery trucks, automobiles, and farm vehicles shall be permitted. Final site development shall not allow for tractor trailer parking and diesel speed pump installation. 6. Any expansion or change of use will require a new Conditional Use Permit. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #07 -16 OF SENSENY ROAD RENTALS. LLC SUBMITTED TO REZONE TWO ACRES FROM RP RESIDENTIAL PERFORMANCE DISTRICT TO RA RURAL AREAS DISTRICT. THE PROPERTY IS LOCATED ON SENSENY ROAD ROUTE 657 APPROXIMATELY 350' WEST OF ASHLEY DRIVE AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65 -A -46 IN THE RED BUD MAGISTERIAL DISTRICT. — (RESOLUTTON #019 -1.61 - APPROVED Assistant Director Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 2 acres from RP (Residential Performance) District to RA (Rural Areas) District without proffers. The proposed rezoning would allow for the construction of one single family dwelling. The Planning Commission recommended approval with the stipulation that the applicant dedicate the right -of- -way for the widening of Senseny Road. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Dunn, seconded by Supervisor Wells, the Board approved Rezoning #07 -16 of Senseny Road Rentals, LLC. WHEREAS, Rezoning #07 -16 of Senseny Road Rentals, LLC, submitted by Senseny Road Rentals, LLC, to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers, was considered. This rezoning seeks to eiiminate the proffers for Rezoning #07 -06 to allow for the construction of one single - family dwelling. The property is located on Senseny Road (Route 657) approximately 350' west of Ashley Drive (Route 1145). The property is further identified with PIN 65 -A -46 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2016; and Minute Book number 42 Board of Supervisors Closed Session and Regular Meeting of 09 /14/16 County or Frederick, Virginia 0��4 WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning 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 District Map to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers. This ordinance shall be in effect on the date of adoption. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Roberk A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. We11s Aye PUBLIC HEARING - REQUEST OF CUMBERLAND PROPERTIES IV, LLC, TO REMOVE PARCELS TOTALING 4 @7.48 +/- ACRES FROM THE NORTH OPEOUON AGRICULTURAL AND FORESTAL DISTRICT. THESE PARCELS ARE IDENTIFIED AS PROPERTY IDENTIFICATION NUMBERS 4S- A -lOV, 45- A -IOW, 45 -A -30, 45 -A -31, 45 -A -32, AND 45 -A -32A AND ARE LOCATED IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION # @20 -16) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request to remove 407.48 acres, more or less from the North Opequon Agricultural &Forestal District. The proposed removal would extinguish this district. Zoning Administrator Cheran noted the Agricultural District Advisory Committee and Planning Commission recommended approval. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the removal of parcels totaling 407.48 acres, more or less, from the North Opequon Agricultural &Forestal District. WHEREAS, a proposal to remove parcels from the North Opequon Agricultural &Forestal District by 407.48 acres, was considered. The property is located in the Stonewall Magisterial District along Old Charleston Road and is identified by Property Identification Numbers 45 -A- IOV, 45- A -lOW, 45 -A -30, 45 -A -31, 45 -A -32, and 45 -A -32A. WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on July 26, 2016; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to removal parcels from the North Opequon Agricultural &Forestal District on August Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09 /14/16 County of Rrederick, Virginia 1'1 17, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to remove parcels from the North Opequon Agricultural &Forestal District on September 14, 2016; and WHEREAS, the Frederick County Board of Supervisors fords the removal of these parcels from the North Opequon Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby decreases the 2015 -2020 North Opequon Agricultural &Forestal District by 407.48 acres, which extinguishes the District. This ordinance shall be in effect on the day of adoption. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher- Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Ruth Perrine, Back Creek District and co -chair of the committee to preserve the Clowser House, advised that the committee would be making a presentation to the Public Works Committee at its September 27, 2016 meeting. She thanked Supervisors Wells and Lofton for meeting with her. She stated that the committee had received half of the money needed to fix the back wall of the house and Marsh &Legge had completed the survey. She went on to say Preservation of the Northern Shenandoah Valley was collecting donations and the committee was in the process of setting up the Clowser Foundation. Wendy Johnson, Shawnee District, thanked the Transportation Committee for looking at the safety options for turning onto Crestleigh Drive. She hoped the cornrnittee would consider the unintended consequences of how difficult it is for residents to leave their neighborhood. Chuck Basa, Shawnee District, advised that he had had two mailboxes hit by errant drivers. He noted he had a fence in the middle of his property that was also hit by a driver. He stated that traffic was a public safety issue for the residents in his neighborhood. Matt Holben, Shawnee District advised the he had been working with the Sheriffs Department regarding the traffic issues in his neighborhood. He expressed some concerns with Minute Book Number 42 Buard of Supervisors Closed Session and Regular Meeting of 09/14/16 County ofBrederick, Virginia is proposed turn lanes on Senseny Road. He noted that 1/3 of the traffic coming off of Senseny Road was pass through traffic to Route S0. He concluded by asking if the proposed turn lane was a "band aid for a gash ". BOARD OF SUPERVISORS COMMENTS Supervisor Fisher advised the he would meet Mr. Basa to see the traffic issues. He hoped there was a way to get the traffic calming measures done. Supervisor Wells complimented Ms. Perrine for her hard work on the Clowser House. I:� taZ1Ii1��1 UPON A MOTION BY SUPERVISOR WELLS, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:33 P.M.) �� ��� Charles S. DeHaven, Jr. Chairman, Board of Supervisors �� ����. Brenda G. Garton Clerk, Board of Supervisors - -"`_'{ Minutes Prepared By: �_ -,�, Jay E. i�l� Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/14/16 County of Frederick, Virginia