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HomeMy WebLinkAboutJanuary 11 2017 Regular Meeting Minutes18 �� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 11, 2017, 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr., Blaine P. Dunn, Bill M. Ewing, Gary A. Lofton, Judith McCann - Slaughter, and Robert W. Wells. ABSENT Gene E. Fisher was absent as he was in Richmond. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Chairman DeHaven stated that Vice Chairman Fisher was absent due to being in Richmond as the Governor of the Commonwealth would be making an announcement. Supervisor Lofton led the Pledge of Allegiance; ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2017: Selection of Vice - Chairman —Gene E. Fisher Elected Supervisor Lofton nominated Supervisor Gene E, Fisher for the office ofVice- Chairman. The nomination was seconded. by Supervisor Wells. Upon motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board closed the nommatlons. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye The motion to approve Supervisor Gene E. Fisher as Vice - Chairman was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /1107 County of Frederick, Virginia ��� Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Adoption of Rules of Procedure — Ap�lroved Upon motion by Supervisor Ewing, seconded by Supervisor Dunn, the Board adopted the Rules of Procedure that the Frederick County Board of Supervisors adopted May 28, 2003, amended September 14, 2011 and Roberts Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Selection of a Parliamentarian — County Administrator Fleeted Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board elected the county administrator as Parliamentarian. The above motion was approved by the following recoxded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Selection of a Time and Place for Regular Meetings - Approved Supervisor Wells moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Buildang, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2017. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Dunn. The above motion was passed by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McGann - Slaughter Aye Robert W. Wells Aye Minute Boak Number 42 Board of Supervisors Regular Meeting of Ol /11!17 County of Frederick, Virginia � 4� Chairmads BoardlCommittee Assignments - Approved Chairman DeHaven asked the Board to endorse the committee assignments. Charles S. DeHaven. Jr.: Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate. Blaine P. Dunn: Code & Ordinance Committee Chairman; Human Resources Committee; Public Safety Committee; Handley Regional Library liaison; Planning Commission liaison; Fire &Rescue Association liaison. Bill M. Ewing: Human Resources Committee Chairman; Code & Ordinance Committee; Information Technologies Committee; Public Works Committee; and Tourism Board liaison. Gene E. Fisher: Public Safety Committee Chairman; Public Works Committee Chairman; Transportation Committee; Airport Authority; Conservation Easement Authority; Fred -Winc Service Authority; Northern Shenandoah `galley Regional Commission; and Sanitation Authority liaison. Gary A. Lofton: , Information Technologies Committee Chairman; Transportation Committee Chairman; Finance Committee; Public Safety Committee; Social Services Board liaison; Economic Development Authority; Agricultural District Advisory Committee liaison; Extension Leadership Council liaison. Judith McCann -Slau tez: Finance Committee Chairman; Information Technologies Committee; Transportation Commiiee; Joint Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Northwestern Regional Adult Detention Center Board and Planning Commission liaison alternate. Robert W.. Wells: Code and Ordinance Committee; Human Resources Committee; Public Works Committee; Regional Jail Board; Parks and Recreation Commission liaison; and Landfill Oversight Committee. Citizen Committee Aunointments Code &Ordinance Committee Derek C. Aston Stephen G. Butler James A. Drown Finance Committee Angela L. Rudolph Human Resources Committee Don Butler Dorrie R. Greene Beth Lewin Minute Book Number 42 Board of Supervisors Regular Meeting of Ol/I1(l7 County of Frederick, Virginia Information Technologies Committee Quaisar Absar Todd Robertson Lorin Sutton Public Safety Committee Walt Cunningham Helen Lake Charles R. "Chuck "Torpy Fltblic Works Committee David W. Ganse, AIA Whitney "Whit" L. Wagner James T. Wilson Transportation Committee James M. Racey, II Barry G. Schnoor Upon motion by Supervisor Wells, seconded by Supervisor Lofton, the Board endorsed the Chairman's committee assignments for 2017. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator Brenda Garton asked to authorize the reassessment and tax rate public hearing ad as number three under County Officials and to place it on Consent Agenda. Upon motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved the agenda as amended by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon motion by Supervisor Ewing, seconded by Supervisor Wells, the Board approved the following items under the consent agenda: - Public Safety Communications Report -Tab F; Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia i� - Transportation Committee Report —Tab G; - Road Resolution — Abrams Pointe, Phase 1 B —Tab O; - Reassessment and Tax Rate Public Hearing Ad - Addition of #3 under County Officials. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W, Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Ewing stated it was good to be back and appreciated the vote of confidence. MINUTES Upon motion by Supervisor Slaughter, seconded by Supervisor Dunn, the minutes of the regular board meeting of November 4, 2016, were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Abstained Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COUNTY .OFFICIALS COMIVIITTEE APPOINTMENTS CHARLES E. TRIPLETT REAPPOINTED TO THE FREDERICK COUNTY PLANNING COMMISSION — APPROVED Upon motion made by Supervisor Ewing, seconded by Supervisor Wells, Chazles E. Triplett was reappointed to the Flanning Commission as a representative of Gainesboro District, for a four year term, said new term to commence February 22, 2017 and expire February 22, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Minute Book Number 42 Board of Supervisors Reguiar Meeting of Ol /11 /17 County of Frederick, Virginia 194 Robert W. Wells Aye COUNTY ADMINISTRATOR BRENDA G. GARTON REAPPOINTED TO THE ASAP BOARD AND THE COMMUNITY CRIMINAL JUSTICE 130ARD — APPROVED Upon motion made by Supervisor Lofton, seconded by Supervisor Ewing, County Administrator Brenda G. Garton was reappointed to the ASAP Board and the Community Criminal Justice Board as a representative of Frederick County, for a three year term, said new term to commence February 22, 2017 and expire February 22, 2020. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M, Ewing Aye Gene E. Fisher Absent Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RE UEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Aqua Virginia, Inc. in the amount of $3,028.91 for adjustment of real estate taxes in 2016. This refund resulted from an audit by the State Corporation Commission and notification to the county in December that the original ftling received in September 2016 had been adjusted by the Commission. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. Brian Omps Towing &Repair LLC in the amount of $4,235.45 for adjustment of personal property taxes in 2016. This refund resulted from taxes paid on vehicles sold by the company during the taxation period. Upon motion by Supervisor Ewing, seconded by Supervisor Lofton, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia � �.J Robert W. Wells Aye 3, Capital Meats, Inc. in the amount of $8,274.07 for adjustment of personal property taxes and license fees from 2013 to 2016. This refund resulted from taxes paid on vehicles that had been sold or moved out of Frederick County, but not reported as such to the Commissioner of the Revenue. Upon motion by Supervisor Lofton, seconded by Supervisor Dunn, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing ,Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 4. Rutherfozd LLC in the amount of $2,674.20 for adjustment of real estate taxes in 2016, This refund resulted from an appeal and new information presented by the taxpayer during assessors' hearings. Upon motion by Supervisor Slaughter, seconded by Supervisor Dunn, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 5. Valley Proteins, Inc. in the amount of $36,738.77 for adjustment of personal property taxes and license fees from 2013 -2016. This refund resulted from taxes paid on vehicles that were sold or housed in another state and incorrectly reported to Frederick County as subject to local tax. Upon motion by Supervisor Ewing, seconded by Supervisor Lofton, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M, Ewing Aye Gene E, Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS )FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 21, 2016, at 8:00 a.m. A budget work session immediately followed. All members were present. Items 6 and 9 were approved under consent agenda. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, items 6 and 9 Minute Book Number 42 Board of Snpervisors Regular Meeting of OI /11!17 County of Frederick, Virginia � �7 were approved under the consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gerie E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Finance Committee 1. The Sheriff requests a General Fund su lemental a ro riation in the amount of $8,53b.58. This amount represents reimbursements from the Treasury Department. No local funds required. See attached memo, p. 4. The committee recommends approval. _Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. The Sheriff requests a General Fund. su lemental a ro riation in the amount of 5 000. This amount represents Byrne Justice Assistance Program: Naloxone for Law Enforcement Agencies grant. No local funds required. See attached information, p, 5 — 12. The committee recommends approval. - Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund su lemental a ro riation in the amount of $17,999. This amount represents the 21 Century Policing Grant. A local in -kind match of $2,001 is required. See attached information, p. 13 — 29. The committee recommends approval. Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 011ll /17 County of Frederick, Virginia 19 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,617. This amount represents unbudgeted proceeds from the Sheriff's Sale. No local funds required. See attached memo, p. 30 — 31. The committee recommends approval. - Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 5. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $9,662. This amount represents unbudgeted Aid -to- Localities funds received. No local funds required. See attached memo, p. 32. The committee recommends denial of the supplemental appropriation - Denied. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was denied by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 6. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $5,096.40. This amount represents an auto claim. No local funds required. See attached memo, p. 33 — 34. — Approved Under Consent Agenda. 7. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $16,297 for expenditures and $32,594 for revenue. This amount represents the unbudgeted portion of a Local Emergency Management Performance Grant. See attached information, p. 35 — 44. The committee recommends approval. - Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following retarded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 8. The Finance Director requests a General Fund supplemental appropria #ion in the amount of $29,263.76. This amount represents unspent FY16 VJCCCA funds to be returned to the state. See attached letter, p. 45. The committee recommends approval. - Approved. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote: Minute Book Number 42 Board of Supervisors Regular Meeting of putt /17 County of Frederick, Virginia 19 Chazles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bili M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 9. The Landfill Manager requests a Landfill Fund. supplemental appropriation in the amount of $3.049.96. This amount represents an auto claim. No local funds required. See attached memo, p, 46 — 47. — Approved Under Consent Agenda. Budget Work Session See attachments, p. 48 — 74. Information Only 1, The Finance Director provides a Fund 10 Transfer Report for November 2017. See attached, p. 75. 2, The Finance Director provides financial statements for the month ending November 30, 2016. See attached, p. 76 — 86. 3. The Finance Director provides an FY 2016 Fund Balance Report ending December 14, 2016. See attached, p. 87. 4. The NRADC Superintendent discusses long range planning for the academy. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Wednesday December 14, 2016, at 8:30 a,m., at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Chuck Torpy and Helen Lake. Member Blaine Dunn was not present. Also in attendance were Assistant County Attorney Erin Swisshelm, 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, and Sheriff Lenny Millholland. The following items were discussed: Discussion Items 1. Departmental Budget Increases for FY18 Sheriff Millholland stated that his department's significant FY18'budget increase of $2.9 million would be allotted for vehicle replacement and new personnel. In his submission, his department is looking to obtain approximately 25 cars per year to replace the existing fleet of 140 cars which currently have high mileage and maintenance costs in addition to hiring and training 12 new deputies. Director LeeAnna Pyles has requested a $63,000 increase for her department's FY18 budget submission. This would go to upgrade the dispatch centers current phone system in order to receive Text to 9 -1 -1. This is starting to become the "norm" at dispatch centers, where citizens have the ability to text in an emergency if their situation warrants. Given that Interstate 81 runs through the county and our proximity to Interstate 66, both major transportations routes, the Director would like Frederick County to have this feature available. She noted that some other localities along the I -81 corridor in our region are planning to implement this technology as well. Chief Linaburg presented his department's FY1$ budget increase request of $6.3 million to the Committee. As in years past, personnel and training are a large part of his budget. request. Minute Book lYumber 42 Board of Supervisors Regular Meeting of O1 /11 /17 County of Frederick,. Virginia 1 �'� He is requesting for funding of 29 additional personnel. Clothing, vehicle replacements, radios and gear are factored into the increase as well. Chief Limburg emphasized that the self - contained breathing apparatus' are coming to the "end of life" and need to be replaced. This is a vital piece of equipment for fire fighters. He advised that his office has applied for a grant that would offset some of the cost (up to $1 million dollars) of the estimated $3 million dollar cost. It will be spring of 2017 before there will be any announcement of the grant award. 2. RFP Study Update Chief Limburg updated the Committee on the status of the Fire &Rescue Study. He advised that a committee had been established and a Request for Proposal was prepared and advertised with a number of firms responding to the RFP. He went on to say that a sub- committee has been meeting to review the proposals and they have narrowed the interview list down to 4, including PSSI, CPSM, Fitch and ESCI. Interviews will be held on Tuesday, December 20, 2016. 3. OtherBusiness Helen Lake inquired about the dropping of radio signals out in the field. Director Pyles stated we are in the process of upgrading the Sheriff's Office radios which will cost between $25, 000 - $30,000. It was reiterated that there are "dead" spots within the County and we are working on minimizing the issue. Major Hawkins added that his office has obtained new radios at no cost however they need batteries, antennas and programming. Fire &Rescue's Fred Kinder and Captain Karl Steudl, who is retiring at the end of January, have been working in tandem to reprogram these radios. The both of them have extensive knowledge of our radio system and it keeps the cost to a minimum. By week's end, the Sheriff s Office will test 10 of these new radios in the field. Chief Limburg gave kudos to Chief Henry Shiley (Co.12) who is retiring at year's end after 53 years as Chief of Middletown Volunteer Fire &Rescue Company. Next Meeting: Date to be set for January 11, 2017 at 8:30a.m. Adjourn: The meeting was adjourned at 9:30 a.m. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on December 19, 2016 at 8:30 a.m. Members Present Members Absent Gary Lofton — Chairman (voting) Mark Davis (liaison Middletown) Judith McCann - Slaughter (voting) Barry Schnoor (voting) Gene Fisher (voting) Lewis Boyer (liaison Stephens City} Gary Oates (liaison PC) James Racey(voting) Items Requiring Action NONE Items Not Requiring Action 1. Capital Improvement Plan Update Staff presented last year's Capital Improvement Plan to the Committee and noted the individual projects that are identified, as well as the balance of the Eastern Road Plan. Staff recommended that additional projects that have been called out individually in the draft update of the Eastern Road Plan should likewise be individually noted in the Capital Minute Book Number 42 Board of Supervisors Regular Meeting of 01 /71/17 County of Frederick, Virginia �or� Improvement Plan. Staff also noted that this recommendation is contingent upon what format the Board of Supervisors chooses to adopt for the Capital Improvement Plan. The Committee reviewed and endorsed the Staff recommendation by consensus.. 2. Gainesboro School Transportation Mr. Wayne Lee of the Frederick County Public School System was present to update the Committee on the transportation at the Gainesboro School on Route 522 North. Previously the Committee had requested more information on an alternative route to Route 522 via Gainesboro Road. Mr. Lee noted that one of the issues with Gainesboro Road is that the crossover of Route 522 is not wide enough to hold a bus. Mr. Oates asked about the possibility of shifting the southbound lanes of Route 522 to allow for a wider median and noted that there appears to be right -of- -way available. Mr. Lee stated that this had not been considered. Mr. Fisher asked whether (other issues aside) a stop light would allow vehicles to exit the facility and head North on Route 522. The answer was yes, but additional safety concerns were noted. Mr. Tierney noted that the sight distance at the existing entrance cannot be fixed and that the only real long term solution is to get the traffic to Gainesboro Road. Staff asked whether a signal warrant had been completed for Gainesboro Road at Route 522 that took into consideration school traffic using Gainesboro Road. Tt had not. Mr. Fisher reiterated that warning lights are necessary such as those used on Route 460 in Bedford County. Mr. Racey asked how many buses would not have to access Route 522 at all if the school traffic was sent to Gainesboro Road. While the exact number was not available the estimate was 10 -15. A number of individuals discussed the possibility of keeping the existing entrance to the school as a right in/right out access. The consensus of the Committee was to continue looking into the possibility of getting school traffic an entrance onto Gainesboro Road, changing the existing access point for the schools to a right n/right out entrance, extending the left turn lane of Route S22 at Gainesboro Road and evaluate a signal at Gainesboro and Route 522. Mr. Fisher noted his hope that the traffic issues for the 12th elementary school will be addressed prior to consiruction. Mr. Lee noted that the school division is working hard on that and is currently having discussions with Shockey for additional access. Mr. Lee noted that ultimately two - thirds of the student population in the 12�' elementary school is expected to be from the Snowden Bridge Development. Mr. Oates noted that this discussion highlights the need to look at infrastructure when schools are planned. 3. Transportation Forum Report Staff provided the feedback received from the Transportation Foram to the Committee as well as photos from the event (attached). Staff also noted that there was a great turnout and that they had received numezous compliments on the event. 4. County Projects Update Snowden Bridge Boulevard: Final items are being addressed as this project wraps up. Tevis Street ExtensionJAirport Road/I -81 Bridge: Minute Book Number 42 Board of Supervisors Regular Meeting of 01 /11 /17 County of Frederick, Virginia ��! Bridge design is ongoing and environmental documents for VDOT are being completed. Bridge design has reached 75 %, but comments are pending from VDOT on earlier submissions. Renaissance Drive: Currently working with CSX on MOU for the future crossing. 'The County's Transportation Partnership Opportunity Fund application has been recommended for approval by the Governor's Advisory Committee and agreements are expected shortly. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 ° /a Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity 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 sharing funds has been held with the private partner team. S. Other PUBLIC HEARING - CONSIDER ADOPTION OF AMENDED ARTICLES OF INCORPORATION FOR THE FREDERICK COUNTY SANITATION AUTHORITY, PURSUANT TO SECTION 15.2 - 51.1.0 OF THE CODE OF VIRGINIA (1950, AS AMENDEDI. THE PRIMARY PURPOSES OF THE AMENDMENTS ARE TO REMOVE OBSOLETE PROVISIONS FROM THE ARTICLES AND TO PROVIDE THAT COMPENSATION OF THE BOARD OF DIRECTORS OF THE AUTHORITY SHALL BE SET BY RESOLUTION OF THE AUTHORITY. COPIES OF THE PROPOSED AMENDED ARTICLES OF INCORPORATION ARE AVAILABLE AT THE OFFICE OF THE COUNTY ADMINISTRATOR, 107 NORTH KENT STREET WINCHESTER, VIRGINIA. - APPROVED Executive Director of the Sanitation Authority Eric Lawrence addressed the Board and stated the proposed amendments were minor revisions. Currently the names,' addresses and terms of authority members are included in the Articles of Incorporation and therefore reflect members who no longer have a role on the Sanitation Authority Board. The Articles of Incorporation will simply state that the membership will consist of five members with 4 year terms. Mr. Lawrence further stated another revision is to empower the authority members to establish their own compensation as deemed appropriate. The Frederick County Sanitation Authority makes no profit and its operations and finances are independent of Frederick County's tax supported services. Frederick County Sanitation Authority members and its customers pay the compensation of its board members. The Sanitation Authority Board has stated its intent to increase the compensation from $200 per month to $300 per month. Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /11 /17 County of Frederick, Virginia 20� Supervisor Dunn asked. what is the recourse if the authority should go "hog wild ". Mr. Lawrence advised the Board of Supervisors could hold a public hearing to amend the Articles of Incorporation and revoke that control. Supervisor Lofton stated when compensation increase is proposed, could #hat be tied with their budget public hearing. He went on to say he was comfortable with that being tied to the budget public hearing so citizens would know. years. Chairman DeHaven stated he felt the increase was warranted as it had been over twenty Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the Frederick County Sanitation Authority Amended Articles of Incorporation as presented. ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY - AMENDED [DATE[- In compliance with the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia, 1950, as amended), the Board of County Supervisors of Frederick County, Virginia, pursuant to an Articles of Incorporation resolution dated April 10, 1967, created the sanitation authority. The Articles of Incorporation are amended, and restated as follows: (a) This Authority is formed under the Virginia Water and Waste Authorities Act, its name shall be "FREDERICK COUNTY SANITATION AUTHORITY ", and the address of its principal office shall be 315 Tasker Road, Stephens City, Virginia. (b) The name of the incorporating political subdivision is FREDERICK COUN'T'Y, VIRGINIA. There shall be five (5) members of the Board of Directors of the Authority, each of whom shall maintain a residence in Frederick County, Virginia. The names and addresses of the members of the Board of Directors of the Authority shall be maintained in the County Administrator's Office. The expiration of the term of office of each member is as follows: MEMBER EXPIRATION OF TERM OF OFFICE Member 1 Aril 15, 2017 Member 2 Aril 15, 2018 Member 3 Aril 15, 2019 Member 4 April 15, 2020 Member 5 April 1 S, 2020 The successor of each member shall be appointed by the Board of County Supervisors for a term of four (4) years and until his successor shall be duly appointed and qualify, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualify. Any member of the Board of Directors of the Authority shall be eligible for reappointment. Minute Book Number A2 Board of Supervisors Regular Meeting of Ol /il /17 County of Frederick, Virginia Members of the Board of Directors of the Authority shall serve with compensation as shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual expenses necessarily incurred in the performance of his duty. (c) The purpose for which the Authority is created is the acquisition, construction and maintenance of (a} an integrated water system for supplying and distributing water in Frederick County and (b) an integrated sewer system for Frederick County, and for the purpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act, except that the power of the Authority to acquire, construct, operate, or maintain facilities for treatment of sewage is restricted to operation, construction, and maintenance of sewage treatment facilities provided they are owned by Frederick - Winchester Service Authority, which much approve such role of the Authority. No other authority has been created, under the provisions of the Virginia Water and Waste Autlorities Act, serving the whole or any pars of the same area and none of the powers granted by said Act shall be exercised by the Authority in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or part shall duplicate existing utilities, public or private, serving substantially the same purposes and area. IN WITNESS WHERE(7F, Frederick County, Virginia, the political subdivision incorporating said Authority, has caused these Articles of Incorporation to be executed by the Chairman of its Board of County Supervisors and the official seal of said Board of County Supervisors be affixed hereto and attested by the Clerk of said Board this day of , 201_. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye .PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 144 SUBDIVISION ORDINANCE, ARTICLE V_— DESIGN STANDARDS. &144 -31. RURAL SUBDIVISIONS. REVISION TO THE FREDERICK COUNTY SUBDIVISION OF LAND TO REDUCE THE RIGHT - OF -WAY WIDTH MANDATORY TO CREATE A FAMILY LOT SUBDIVISION PER THE CODE OF VIRGINIA. — (RESOLUTION #045 -17) - APPROVED Assistant Planning Director Candice Perkins presented the proposed ordinance amendment to update the minimum right -of- -way requirement necessary to create a family subdivision lot. Family subdivision lots as small as two acres in the RA (Rural Areas) District are permitted to be divided and conveyed to an immediate family member. The subdivision ordinance currently states that a 50 foot right -of- -way is required in order to subdivide these lots; however, the Code of Virginia states that a 20 foot right -of- -way is the maximum that can be required. This proposed amendment would bring the subdivision ordinance into compliance with the state code. Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/]7 County of Frederick, Virginia �o�. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the ordinance amendment as presented. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 144, SUBDIVISION OF LAND ARTICLE V — DESIGN STANDARDS §144 -31 —RURAL SUBDIVISIONS WHEREAS, an ordinance to amend Chapter 144, Subdivision to decrease the right -of- way necessary to create a family division lot from 50 feet to 20 feet per the Code of Virginia was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; 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 144 Subdivision of Land, is amended to modify Article V — Design Standards, §144 -31 Rural Subdivisions; to amend Chapter 144, Subdivision to decrease the right -of- -way necessary to create a family division lot from 50 feet to 20 feet per the Code of Virginia. ARTICLE V — DESIGN STANDARDS § 144.31. Rural subdivisions. [Amended 6 -9 -1993; 8 -12 -2009] The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article IV of Chapter 165, Zoning, of the Frederick County Code. *Sections A and B remain unchanged. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 165 - 401.06 B, Family division lots of Chapter 165, Zoning,. of the Frederick County Code. [Amended 12 -9 -2009] (b) Lots described in § 165- 401.06A, Traditional five -acre lots, and § 165- 401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. (2) Shared private driveways. Vehicular access to a minor rural subdivision may be provided by means of shared private driveways. The owners of lots provided with access via such driveways shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: Minute Book Number A2 Beard of Supervisors ReguEar Meeting of 01 /11 /17 County of Frederick, Virginia 2 (� �� The proposed shared private driveway is not building according to street standards and will not be maintained by the Virginia Department of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. (3) Minimum width for shared private driveway. The minimum right -of -way width for a shared private .driveway shall be 50 feet to a pubiie street or right -of -wav dedicated maintenance b the Vir inia De artment o Trans ortation. For the ur oses o family division lots the minimum right -of- -wav width for a shared private driveway shell be 20 feet to a public street or right -of- -wav dedicated for maintenance by the Virginia Department of Transportation. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McGann- Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS, PART 901 REGULATIONS, $165- 901.02 DISCONTINUANCE. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCREASE THE TIMEFRAME A NONCONFORMING USE CAN BE DISCONTINUED BEFORE IT IS DEEMED ABANDONED PER THE CODE OF VIRGINIA. — (RESOLUTION #046 -171 - APPROVED Assistant Planning Director Candice Perkins presented the proposed ordinance amendment. She stated the zoning ordinance currently states that if a nonconforming use is discontinued for 'a period exceeding one year it is deemed abandoned. The Code of Virginia; however, states that a two year period is required before a use can be deemed abandoned. This proposed amendment would bring the zoning ordinance into compliance with state code. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the ordinance amendment as presented. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I� — NONCONFORMING USES, STRUCTURES AND SIGNS Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia �o PART 901 — REGULATIONS §165- 901.02 - DISCONTINUANCE WHEREAS, an ordinance to amend Chapter 1b5, Zoning - to extend the timeframe where nonconforming uses are deemed- abandoned from one year to two years, per the Code of Vir 'nia was considered; gild WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption ofthis 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 to modify Article IX— Nonconforming Uses, Structures and Signs, Pars 901 — Regulations, §165- 901.02 Discontinuance; to amend Chapter 165, Zoning - to extend the timeframe where nonconforming uses are deemed abandoned from one year to two years, per the Code of Vir inia, ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901 -- Regulations 165 - 901.01 Continuation of pre- existing uses, structures and signs. Any use which does not conform to the requirements of this chapter at the effective adoption date of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use, structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at the time when the use, structure, and signs were established. A. If any change of ownership, possession or lease of any legally nonconforming use, structure, or sign occurs, the use, structure, or sign may continue according to the requirements ofthis article. B. When the boundaries of a district are changed, any uses, structures, or signs which become nonconforming as a result of such change shall be subject to the provisions ofthis article. § 165 - 901.02 Discontinuance. A. If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding a�two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use or sign thereafter shall conform to the requirements ofthis chapter. B. Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A, Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Minute Book Number A2 Board of Supervisors Regular Meeting of01 /11(17 County of Frederick, Virginia PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 165, ZONING. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 603 — B2 GENERAL BUSINESS DISTRICT &165- 603.02 ALLOWED USES AND PART 606 Ml LIGHT INDUSTRIAL DISTRICT, X165- 606.02 ALLOWED USES. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO ELIMINATE MOTORCYCLE REPAIR IN THE B2 (GENERAL BUSINESS) DISTRICT AND ALLOW THIS USE IN THE Ml AND M2 DISTRICT. — (RESOLUTION #047 -17) - APPROVED Assistant Planning Director Candice Perkins presented the proposed ordinance amendment to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Currently, motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition} Districts. Supervisor Lofton asked if this impacted existing businesses. Ms. Perkins replied no, they were vested. Chairman DeHaven convened the public hearing. There were no public comments. Chairman Dellaven closed the public hearing. Upon motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the ordinance amendment as presented. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VI — BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 603 — B2 GENERAL BUSINESS DISTRICT §165 - 603.02 ALLOWED USES PART 606 — Ml LIGHT INDUSTRIAL DISTRICT §165- 606.02 ALLOWED USES WHEREAS, an ordinance to amend Chapter 165, Zoning to remove motorcycle repair from the B2 (General Business) District and include it in the Ml {Light Industrial) and M2 (Industrial Transition) Districts was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on .Ianuary 11, 2017; 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 to modify Article VI— Business and Industrial Zoning Districts, Part 603 — B2 General Business District, §165- 603.02 Allowed Uses, Part 606 M1 Light Industrial District, §165- 606.02Allowed uses; to amend Chapter 165, Zoning - to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial Transition) Districts. ARTICLE VI Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /11 /17 County of Frederick, Virginia 2 0 t' � 1,► BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 -- B2 General Business District § 165- 603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following: 074 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure 0752 Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following:L] 48 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores, excluding the�following: 54 Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 5g Miscellaneous retail, except forthe following: 59 Fuel dealers 598 Flea markets, operated outdoors - Finance, insurance and real estate offices - Hotelsand motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 7Z Linen supply 7213 Dry cleaning plants 7216 Industrial launderers 7218 Escort serviees 7299 Turkish baths 7299 Steam baths 7Zgg Business services, excluding the following: 73 Outdoor ad services 7312 Miscellaneous equipment rental 735 Automobile recovery service 7389 Automobile repossession service 73gg Exhibits building of by industrial contractors 7389 Filling of pressure containers (aerosol) 7389 Gas systems contract conversion from manufactured to natural gas 7389 Produce weighting service 73gg Product sterilization service 73gg Repossession service 73gg Salvaging of damaged merchandise not engaged in sales 7389 Scrap steel cutting 7389 Car washes 7542 Miscellaneous repair services, excluding the following: 76 Welding repair 7692 Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /11 /19 County of Frederick, Virginia �o�� Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool Cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 ur ical instrument re air7699 7699 ank and boiler cleanin service 7699 ank truck cleanin service 7699 axidermists 7699 insmithin 7699 Motion picture theaters, except drive -in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 80 Legal services 81 Child day -care facilities 8351 Membership organizations g6 Engineering, accounting, research, management and related services, excluding 87 the following: esting laboratories 8734 General business offices - Model home sales of €ices - Self- service storage facilities - Public buildings - Public utility distribution facilities - Business signs - Signs allowed in § 165 - 201.066 - Freestanding building entrance signs - Multi- tenant complex signs - Electronic message signs - Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical Supplies 5p6 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads - Commercialsport and recreation clubs - Socialservices, except for the following: 83 Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /71/17 County of Frederick, Virginia z��� � Residential care � 836 �� * *7fi99 as a whole use group is permitted in the 83 District Part 606: M1 Light Industrial District § 155 - 606.02. Allowed uses. Allowed uses are as follows: Allowed Uses Landscape and horticultural services Standard Industrial Classification (SIC) 078 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 Manufacturing asfollows: -- Dairy products Zp2 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 2.05. Sugar and confectionary products 206 Beverages ZOg Miscellaneous food preparations and products, excluding the following: 209 Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics and similar material 23 Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except containers and boxes 267 Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ammunition, except for small arms 3483 Ordnance and accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer equipment 35 Electronics and other electrical equipment and components, excluding the following: 36 Lead acid batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous manufacturing industries 39 Local and suburban transit and interurban highway passenger transportation 41 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and warehousing 49 Wholesale trade - Minute Book Dumber 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia �� � Advertising specialties — wholesale 5199 Restaurants 58 Linen supply 7213 Dry cleaning plants 7216 Business services 73 Truck rental and leasing, without drivers 7513 Automotive repair shops 753 Welding repair 7692 Agricultural equipment repair 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing � 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Industrial truck repair 7699 Machinery cleaning 7694 Measuring and controlling instrument repair; mechanical 7b99 Meteorological instrument repair 7699 _Motorcycle Repair Service 7b99 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale re pa i r se rvice 7699 Septic tank cleaning service 7699 Sewer cleaning service � 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Tinsmithing 7699 Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research, management and related services 87 Testing laboratories 8734 General business offices, including corporate, government or other offices Not providing services to the general public on a regular basis as the primary use - Accessory retailing - Publie buildings - Public utility distribution facilities - Business signs - Signs allowed in § 165 - 201.068 - Freestanding building entrance signs - Multi- tenant complex signs - Electronicmessage signs - Residential uses which are accessory to allowed business uses - Parks - Regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester _ Industrial launderers 7218 Truck or fleet maintenance facilities _ Self - service storage facilities _ Flex -Tech _ Fire stations,. companies and rescue squads - The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 01 /11 /17 County of Frederick, Virginia 212 Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judzth McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - 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- 204.24 COMMERCIAL RECREATION INDOOR; ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 8165- 101.02 DEFINITIONS AND WORD USAGE• ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 606 Ml LIGHT INDUSTRIAL DISTRICT. 8165- 606.03 CONDITIONAL USES AND PART 605 OM OFFICE MANUFACTURING PARK DISTRICT. §165- 605.03.1 CONDITIONAL USES. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE INDOOR RECREATION AS A CONDITIONAL USE IN THE Ml IGHT INDUSTRIAL AND THE OM (OFFICE- MANUFACTURINGI ZONING DISTRICTS — (RESOLUTION #048 -171- APPROVED. Assistant Planning Director Candice Perkins presented the proposed ordinance amendment to Chapter 165, Zoning, to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) and the OM (Office- Manufacturing) Districts.. She stated staff has limited the allowances to SIC 7941 (commercial sports), SIC 7991 (physical fitness facilities), SIC 7997 (membership sports and recreation clubs) and portions of 7999 (fitness and sports instruction }. Staff has also drafted supplemental use regulations that would correspond to the use — additional requirements could be added during the Conditional Use Permit process if necessary, Chairman DeHaven stated he was pleased with the in -depth work that was done on this. He convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the ordinance amendment as presented. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VI — BUSINESS AND INDUSTRAL ZONING DISTRICTS PART 605 — OM OFFICE MANUFACTURING PARK DISTRICTS §165- 605.03.01 CONDITIONAL USES PART 606 — Ml LIGHT INDUSTRIAL DISTRICTS §165- 606.03. CONDITIONAL USES Minute Book Number A2 Board of Supervisors Ttegular Meeting of 01/11/17 County of Frederick, Virginia 213 ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES §165- 204.29 COMMERCIAL RECREATION, INDOOR ARTICLE I — GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS PART 101— GENERAL PROVISIONS §165- 101.02 DEFINITIONS &WORD USAGE WHEREAS, an ordinance to amend Chapter 165, Zoning — to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the Ml (Light Industrial) District and the OM (Office Manufacturing Park) District was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; 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 to modify ARTICLE VI — BUSINESS AND INDUSTRAL ZONING DISTRICTS, PART 605 — OM OFFICE MANUFACTURING PARK DISTRICTS, §165- 605.03.01 CONDITIONAL USES, PART 606 — M1 LIGHT INDUSTRIAL DISTRICTS, §165- 606.03. CONDITIONAL USES, ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES, § 165 - 204.29 COMMERCIAL RECREATION, INDOOR, ARTICLE I — GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 — GENERAL PROVISIONS, §165- 101.02 DEFINITIONS & WORD USAGE; to amend Chapter 165, Zoning - to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office Manufacturing Park) District. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 606 — Ml Light Industrial District § 165 - 606.03, Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking - - - -- Minute Book Number 42 Board of Supervisors Regular Meeting of 01!11 /17 County of Frederick, Virginia 21 tiz Commercaa! Recreation, Indoor *: • Pr�essiona! Sports Clubs 7941 • Physical Fitness Facilities 7991 • Membership Sports and Recreation Clubs 7997 • Amusement and Recreation Services (to include 7999 onI rtness and sports instruction facilities) *This use will not be permissible in the M2 Zoning District. Part 605 — OM Office - Manufacturing Park District § 165 - 605.03.1 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Commercia! Recreation, Indoor *: • Professions! Sports Clubs 7941 • Physical Fitness Facilities 7991 • Membership Sports and Recreation Clubs 7997 • Amusement and Recreation Services (to include 7999 only fitness and sports instruction facilities) Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165 - 204,29, Commercial Recreation Indoor. Commercial Indoor Recreation located in the Mi Li ht Industrial District and the OM O ice - Manufacturinal District shat! be subject to the followinq_reauirements: A. Parkins areas for recreation facilities shall be desiangted to enhance the safety of patrons as they arrive at and leave the facility. B. Ade uate arkin shall be rovided onsite or throu h a shared arkin a reement shall be required per § 165 - 202.01. C. Establishments shall include a designated pickup and delivery area for all patrons in such a wa that rovides sa a and clear! desi Hated access to enter or exit the acilit . D. Al! uses shall be operated indoors outdoor recreation shall be prohibited. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101. — General Provisions § 165- 101.02 Definitions &word usage. COMMERCIAL RECREATION, INDOOR o�ror��_nri�nr A sports or activity facility either open to the general public for a fee or for members and their guests Located in an enclosed building or structure designed to accommodate aatherinas i�r ?:•c:c scc c ^� ^^' ^,:;�+ ^ ^� a ^^'���� ^� � for - , ., p, r.., � �..... v athletic, training, recreational or park purposes, games, cultural activities, martipl Arts, archery and the like. The above motion was approved by the following recorded vote: Charles S. DeHaven, 7r. Aye Minute Book Number 42 Board of Supeevisors Regular Meeting of 01/11/17 County of Frederick, Virginia 21 Blaine P. Dunn Aye Bill M. Bwing Aye Gene E, Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 1b5 ZONING. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, PART 802 SITE PLANS, &165 -802A3 SITE PLAN AND ILLUSTRATIVE SKETCH PLAN CONTENTS. " REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCREASE THE DTSTURBED AREA PERMISSIBLE TO BE CONSIDERED A MINOR SITE PLAN FROM 5,000 SOUARE FEET TO 10.000 SQUARE FEET. — RESOLUTION #049 -17 - APPROVED Assistant Planning Director Candice Perkins presented the proposed ordinance amendment, Chapter 165, Zoning, to modify the standards for the submittal of a minor site plan. She stated the current threshold for a minor site plan is "a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area ". At the August meeting of the Development Review and Regulations Committee (DRRC), the committee requested to increase the disturbed area from 5,000 square feet to 10,000 square feet to be consistent with the state requirements for a land disturbance permit. Chairman DeHaven convened the public hearing. There were no public comments. Chairman Dehaven closed the public hearing. Upon motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the ordinance_ amendment as presented. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VIII — DEVELOPMENT PLANS AND APPROVALS PART 802 —SITE PLANS §1b5- 802.03 —SITE PLAN AND ILLUSTRATIVE SKETCH PLAN CONTENTS WHEREAS, an ordinance to amend Chapter 165, Zoning — to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet, was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; 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 to modify Article VIII — Development Plans and Approvals, Part 802 —Site Plans, § 165 - 802.03 —Site Plan and Illustrative Sketch Plan Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County or Frederick, Virginia 21� Contents; to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 802 SITE PLANS § 165 - 802.03 Site plan and illustrative sketch plan contents. D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20R'o or less and does not exceed X089- 10,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN} of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. {5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6} A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees, The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. {17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS REZONING APPLICATION #1.2 -16 - SNOWDEN BRIDGE STATION - PROFFER AMENDMENT — RESOLUTION #056 -17 — APPROVED Assistant Planning Director Candice Perkins presented the application to amend the proffers from Rezoning #03 -OS for 59.223 acres of land. She stated this minor proffer amendment Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /11117 County of Frederick, Virginia 21( seeks to amend a transportation proffer that previously dedicated public right -of way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the proposed realignment for Redbud Road has been relocated to the Graystone property and therefore a public right -of- -way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once itrs relocated (Ezra Lane). This amendment would bring the proffers for this site into alignirlent with #04 -16 which was approved in June of 2016, making the eastern portion of this roadway private. She further stated this site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast -Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan, The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned ( #04 -16) and the applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. Supervisor Dunn asked if any property owner affected objected. Ms. Perkins replied no. Upon motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the Rezoning Application #12 -16, Snowden Bridge Station proffer amendment as presented. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #12 -16 SNOWDEN BRIDGE STATION WHEREAS, Rezoning #l2 -J 6 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03 -05 for North Stephenson, Inc. for 59.2 acres of land, with a final revision date of August 19, 2016 was considered. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the constrlction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement. The Properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified with Property Identification Numbers 43C -3 -5, 43C -3 -7A, 43 -A -1S1 and 43- A -1S2; and WHEREAS, the Planning Commission held a public hearing• on this rezoning on December 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia 21� January 11, 2017; and 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 revise the proffers associated with Rezoning #03 -OS for North Stephenson, Inc. for 59.2 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the construction of a public roadway for the realignment of Redbud Road; this proffer amendment seeks to make the dedication a private access easement, with a final revision date of August 19, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This Ordinance shall be in effect upon adoption. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M, Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ROAD RESOLUTION ( #OSI -17) — ABRAMS POINTE, PHASE 1B — APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 11th day of January, 2017, 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 Re uirements 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 stonnwater 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 Re uirements; 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. BOARD LIAISON REPORTS Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /11 /17 County of Frederick, Virginia z�� Supervisor Dunn stated the Parks and Recreation Commission had met and discussed Frederick Heights Park which is underutilized. The commission is considering expanding that park by putting in a multi -use bike path. This park will serve eastern Frederick County and as the park grows, so will the need for its services which will need to go through the budget process. He stated he hopes to have the Board's support at that time. Secondly, he commended Eagle Scout Blake Sandy for his work on a project at Sherando Park facilitating access to the restrooms. CITIZEN COMMENTS Susan Brinkmyer, Stonewall District, addressed the Board and stated she is in support of the School Board's proposed projects. She stated waiting is not wise and they will pay more later. She asked the Board to move forward and open this for public comment. John Nelson, Opequon District, and principal of Sherando High School, addressed the Board and stated he is in support of construction of the fourth high school. He addressed the safety and security issues, and severe weather concerns with the outside classrooms. He noted entering and exiting during an evacuation is problematic. He stated students are taught differently today, teachers teach differently today and asked the Board to consider building the school for future standards. Tom Chunta, Opequon District, addressed the Board regarding their inaction to move forward on the construction of the fourth high school. He addressed the safety issues and concerns. He stated construction costs will always rise and to delay would not be financially prudent and asked the Board to schedule this for public comment. Brandi Hammond, Shawnee District, addressed the Board and stated she is concerned about the CIP not moving forward. Space is needed and they are already behind schedule. She stated she is worried about future growth and the current environment is not conducive for educating students. She too addressed safety concerns, class sizes and the ability to attract quality teachers. She asked the Board to think about future children coming up. Elizabeth Mistretta, Opequon District, and principal of Evendale Elementary, addressed the Board and stated that her position gives her a different perspective. She stated all students deserve quality education and an optimal learning environment. She asked the Board to support the School Board's CIP. Carrieanne Hite, Shawnee District, addressed the Board and stated she supports the CIP Minute Book Number 42 Board of Supervisors Regular Meeting of 01/11/17 County of Frederick, Virginia �2a and building of the fourth high school. She felt the design of the proposed school was thoughtfill and in alignment with the recommendation of the Department of Education and was not in excess. With respect to post, new schools cannot compare to the recommended standards of schools built in the past_ Craig Walshner, Gainesboro District, addressed the Board and their inaction on the CIP and the fourth high school. Stated they are at 103% capacity and three years down the road, it will be worse. As an athletic director, there is less opportunity for the students due to number of kids and the room for them. New schools need to accommodate the future and he asked the Board to hold a public hearing. Tracey Sawyer, Opequon District, and Sherando High School teacher, addressed the Board and stated she is in support of the fourth high schaol. 31% of science classes are already overcrowded. Currently, Sherando does not meet the needs. She has to keep moving her classroom and has been doing so for fourteen years, as she has not had a room of her own. She stated due to overcrowding, this creates safety issues and inadequate learning issues. Joe Salyer, Stonewall District, addressed the Board and stated he is concerned about educating the students and being able to keep up with the trends. If history repeats itself, growth will continue, new occupational opportunities will surface and educational needs of our youth will change. He encouraged the Board to support the education of our youth and noted the need for the fourth high school. Rhonda Bodensehatz, Opequon District, and Sherando Business Department chair, appeared before the Board and addressed the overcrowding and how that affects students and colleagues. There is no room for teachers, a closet has now become a room for three teachers, students have long lines to the restroom. Students miss announcements due to overcrowding and getting to class. Students have electives, but cannot get into that class due to space and end up taking a class just because there is a seat for them. They end up unmotivated and can tend to have behavioral problems. She supports and encourages the Board holding the public hearing on the fourth high school. Jennifer Williams, Shawnee District, parent and substitute teacher, addressed the Board and stated she has been in all schools and sees the overcrowding. Does not understand the delay, With the recent economy and development, where does the Board expect these children to go? She asked the Board to please move forward with the CIP and public hearing on the renovations Minute Book Number 42 Board of Supervisors Regular Meeting of01(ll /17 County of Frederick, Virginia ryry i G�� and the fourth high school. Jason Treseidder, Shawnee District, parent and teacher, addressed the Board with reference to the overcrowding and lack of support. He stated the CIP and the Board's Comp Plan encourages growth and the need to have schools large enough to support the growth. He asked the Board to reconsider having the public hearing. Elizabeth Howe, Opequon District, teacher and administrator in Frederick County Schools, addressed the -Board and asked them to please provide the fourth high school. She addressed the overcrowding and stated James Wood High Scllool is outdated. She stated teaching is not the same as in 1966 or 1996. It is different now and the Board needs to take steps to become a premier school division so they can address the needs of students. Jim McConnell, Shawnee District, and teacher, addressed the Board with reference to the growing number of students with attention issues. Wheu these students get into the overcrowded/larger classrooms they become distracted and they are already behind. Asked the Board to think about all students and invest in all students. Alan Morrison, Gainesboro District, addressed the Board and stated it is their duty and that of the citizens to provide education but it is their responsibility to do it right. He stated there is a misconception and that it is the Board who provides the money based on the proposals the School Board submits, but it is the Schoo] Board who controls how the money is spent. He stated with the high rate of residential development, the taxes will not support the services those houses require. He also addressed security and stated that they have cast out of the schools civility, morality and spiritual direction, and as long as they prohibit those things, they will never have security regardless of the facility they put in place. He asked the Board to not Fairfax Frederick County as that seems to be the path they are on. Joy Kirk, $ack Creek District, and President of FLEA, addressed the Board and referenced some concerns that had not been addressed due to overcrowding. She referenced the modulars and additions, and pointed out the cafeteria remains the same, the hallways do not get wider and students have to use those hallways to get where they need to be. There is only so much jostling that someone may take and kids,may react inappropriately. Stated they are already over 100% capacity and it needs to be 80 %, room to grow. She asked the Board to look at all the scenarios and ask all the questions. Dr. David Sovine, Superintendent of Frederick County Schools, asked the Board to Minute Book Number 42 Board of Supervisors Regular Meeting of Ol /ll /17 County of ia'rederick, Wirginia zz� reconsider their decision to take no action on the School Board's request and appropriate the funds needed to fund the top three priorities, those being the Armel Elementary renovations, the construction of the fourth high school and 12`" elementary school. These projects will help address the overcrowding and future enrollment growth. He noted other projects on their CIP that need to be addressed as they have been on the list far over a decade. He stated further delay of projects will add to the cost. Dr. Sovine stated that he and the School Board are committed to working with the Board of Supervisors to address the issues and are available to answer any questions. Mike Curse, Gainesboro District, addressed the Board and referenced proffers and how the laws are changing. He stated that Frederick County has to pay for more than just schools and they need to keep that in mind. BOARD Ok' SUPERVISORS COMMENTS Chairman DeHaven stated that they are committed to working with the School Board and others in the community to find a path tc bring this community forward. He stated they are committed to working together and that it will not get easier. He stated he appreciated everyone #aking their time to come out. Supervisor Wells thanked everyone for coming out and they took their comments to heart. He reiterated Chairman DeHaven's comments in that they are committed to working together to find a path. Supervisor Dunn thanked everyone for coming out. He stated his concerns going forward are cost. He stated in addition to the School Board's request, is the need in the future for a new county courthouse, and a new administration building. He proposes delaying the request for five years as county debt would then go down and they will have saved money to have more of a down payment and less of a load. He understands they need to work together and is willing to talk with the citizens. County Administrator Garton stated that Supervisor Fisher is in Richmond and that the Governor had made an announcement that Navy Federal Credit Union would be investing $100 million to expand its operations in Frederick County and would create fourteen hundred new jobs. ADJOURN Minute Book Number 42 Board of Supervisors Regular Meeting of 01!11117 County of Frederick, Virginia 22 UPON MOTION BY SUPERVISOR LOFTON, SECONDED BY SUPERVISOR EWING, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:55 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors �� � Brenda G. Garton Clerk, Board of Supervisors Minutes Prepared By: � v i� � � � Q. �r i� � Teresa J. Pric Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Regular Meeting of 011l l/17 County of Frederick, Virginia