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March 8 2017 Regular Meeting Minutes2�� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 8, 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, Sill M. Ewing, Gene E. Fisher, Gary A. Lofton, Judith McCann - Slaughter, and Robert W. Wells. CALL TO ORDER. Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of AIIegiance. ADOPTION OFAGENDA - APPROVED Chairman. DeHaven stated the Board needed to amend the agenda to add number 5 under County Officials wish reference to legal actions. Upon a motion made by Supervisor Dunn, seconded by Supervisor Fisher, 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 Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Minutes -Tab A; - Resolution and Charter Agreement Establishing the Skyline Regional Criminal Justice Academy -Tab C; - Memorandum Re: Closing of County Offices for Annual Apple Blossom Festival - Tab D; - Transportation Committee Report -Tab E. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 03/08/17 County of Frederick, Virginia 291 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn stated he would be holding a Tawn Hall meeting on March I1, 2017, 10:00 A.M., at the Greenwood Mill Elementary School. MINUTES - APPROVED UNDER CONSENT AGENDA The minutes of the Closed Session and Regular Meeting of January 25, 2017; Regular Meeting of February 8, 2017; Budget Work Session of Februazy 15, 2017; Work Session with School Boazd of February 22, 20i7; and Budget Work Session of February 22, 2017, were approved under the consent agenda. COUNTY OFFICIALS PRESENTATION OF RESOLUTION OF APPRECIATION TO JOHN TRENARY Chairman DeHaven and Vice Chairman Fisher presented the Resolution of Appreciation. to former Building Official John Trenary. Mr. Trenary was present to accept the resolution. COMMITTEE APPOINTMENTS There were no committee appointments made. RESOLUTION ( #060 -17) AND CHARTER AGREEMENT ESTABLISHING THE SKYLINE REGIONAL CRIMINAL JUSTICE ACADEMY - APPROVED UNDER CONSENT AGENDA RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA WHEREAS, the TOWN OF BERRYVILLE, the COUNTY OF CLARKS, the COUNTY OF FREDERICK, the FREDERICK COUNTY EMERGENCY COMMUNICATIONS CENTER, the TOWN OF FRONT ROYAL, the LORD FAIRFAX COMMUNITY COLLEGE, the TOWN OF MIDDLETOWN, the NORTHWESTERN REGIONAL JAIL AUTHORITY, the RSW REGIONAL JAIL AUTHORITY, the TOWN OF STEPHENS CITY, the TOWN OF STRASBURG, the COUNTY OF WARREN, the CITY OF WINCHESTER, and the COUNTY OF RAPPAHANNOCK, have agreed to form a regional criminal justice academy pursuant to Section 15.2 -1747 et, seq. of the Code of Virginia ia► order to furnish the highest achievable level of professional law enforcement and criminal justice - related training to the participating jurisdictions through the development and operation of initial recruit training, continuing in- service training and advance training programs; and WHEREAS, it is necessary for the participating members to enter into an agreement establishing the regional criminal justice academy that sets forth the relationship between the members and the regional criminal justice academy. Minute Book Number 42 Board of Supervisors Regular Meeting of 03/08/17 County of Frederick, Virginia 24� NOW, THEREFORE, I3E IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia as follows: 1. The Frederick County Board of Supervisors hereby agrees to establish the Skyline Regional Criminal Justice Academy pursuant to Section 15.2 -1747 et. seq.. of the Code of Virginia. 2. At its regular meeting of March 8, 2017, the Frederick County Board of Supervisors authorized the County Administrator to sign the Charter Agreement Establishing the Skyline Criminal Justice Academy, a copy of which is attached to this Resolution. ADOPTED March 8, 2017. MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA County Offices will be closed on Friday, May 5, 2017 for the Annual Apple Blossom Festival. LEGAL ACTIONS - APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Dunn, the Board authorized the County Attorney to file court papers to accomplish the removal of masonry mailboxes from the right -of- -way at 161 and 30.8 Saint Andrews Court in the Back Creek District, as the placement of such mailboxes currently prevents acceptance by VDOT of Saint Andrews Court into the Secondary Street System. 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 Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, the Board authorized the County Attorney to file court papers to accomplish the appointment of a successor executor to sell the property located at 2543 Martinsburg Pike in the Stonewall District, as the current condition of the property is in violation of the County's zoning ordinance and the record owner of the property is deceased. 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 Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 03/08/17 County of Frederick, Virginia 29� Robert W. Wells Aye COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on February 27, 2017 at 8:30 a.m.. Merrxbers Fresent Members Absent Gary Lofton — Chairman (voting) Mark Davis (liaison Middletown) Judith McCann - Slaughter (voting) Gary Oates (liaison FC) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) Kevin Kenney (liaison PC) filling in for Gary Oates James Racey (voting) Barry Schnoor (voting) Items Requiring Action None Items Not Requiring Action L SmartScale Update Mr. Terry Short of VDOT was on hand to give the Committee an overview of the SmartScale program. 2. MPO Draft Work Program Staff presented the MPO Draft work program (attached) and gave the Committee an update on the projects of particular impact to the County. 3. County Projects Update Snowden Bridge Boulevard: Final items are being addressed as this project wraps up. Staff is working with VDOT and the Graystone Development regarding final items needed to get the road into the state system. Tevis Street Extension /Airport Road/I -81 Bridge: 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. Staff is also working with VDOT to clarify the status of the stubs to the north and south of the roundabout. The TIA is complete and has been submitted. This will allow refinements to the 30% design of the surface streets to meet traffic volumes. Renaissance Drive: Currently working with CSX on MOU for the future crossing. The MOU is now being circulated for signatures. The County's Transportation Partnership Opportunity Fund Application has been recommended for approval by the Governor's Advisory Committee and agreements are expected shortly. The agreements are currently in the process of getting signed by the pertinent members of the Governor's cabinet. 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 %. Upon approval by the private party partner, the next phase of design will begin. Minute Book Number 42 Board of Supervisors Regular Meeting of 03 /08!17 Countp of Frederick, Virginia 29l Coverstone Drive: No activity at this time. Jabal 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. 4. Other PUBLIC WORKS COMMITTEE REPORT- APPROVED Vice Chairman Fisher presented the Public Works Committee report. The Public Works Committee met on Tuesday, February 28, 2017, at 8:00 a.m. All members were present. The following items were discussed: Items Requiring Action 1. Disposition of Shawneeland Council House (Clowser House) - Approved to Forward to Public Hearing The committee had a discussion led by Rod Williams, County Attorney on a Draft 99 year lease agreement between Frederick County, Virginia and the Clowser Foundation concerning the disposition of the council house located in the Shawneeland Sanitary District. The Clowser Foundation and the Shawneeland Sanitary District Advisory Committee (SSDAC) met on Thursday, February 23, 2017 and agreed on the lease agreement terms. Supervisor Robert Wells recommended approval and committee member Whitney "Whit" Wagner seconded the motion. The committee unanimously approved the motion. Consequently, the attached agreement (attachment 1) is being sent for the board's approval. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, the Board forwarded the lease agreement regarding the Shawneeland Council House (Clowser House} to public hearing. 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 Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Items Not Requiring Action 1. Miscellaneous Reports a. Tannage Report (Attachment 2) b. Recycling Report (Attachment 3) e. Animal Shelter Dog Report (Attachment 4) d, Animal Shelter Cat Report (Attachment 5) Minute Book Number d2 Board of Supervisors Regular Meeting of 03(08/17 County of Frederick, Virginia 29�� .. 2. A Closed Session was convened in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2 -3711, Subsection A, (3), for discussion or consideration of the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. No action was taken in the closed session. PLANNING COMMISSION BUSINESS: PUBLIC HEARING PUBLIC HEARING - REZONING #02 -17 FOR EXPRESS OIL CHANGE &TIRE _ENGINEERS, SUBMITTED BY GREENWAY ENGINEERING. INC., TO REZONE 0.604 + /- ACRES FROM THE B2 (GENERAL BUSINESSI DISTRICT TO THE B3 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522 SOUTH) AND IMMEDIATELY SOUTH OF THE IHOP RESTAURANT APPROXIMATELY 1,000' SOUTH OF THE INTERSTATE Sl EXIT 313, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 64 -A -1F IN THE SHAWNEE MAGISTERL�I, DISTRICT. - (RESOLUTION #061 -171 - APPROVED Assistant Planning Director Candice Perkins appeared before the Board and presented this rezoning request. She stated this was an application to rezone a total of 0.604 + /- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. She stated the applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. She further stated the applicant has excluded a number of uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking).. Ms. Perkins further stated this property is located within the sewer and water service area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. She went on to say that access to the property is proposed via a new right- in/right -out entrance onto Front Royal Pike (Route 522 }; this proposed new entrance will be shared with the adjacent IHOP Restaurant. She further stated an interparcel connection with the IHOP Restaurant is also proffered that would allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522) /Travel Lodge Drive. Ms. Perkins stated the applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. Supervisor Lofton asked about the barrier to prevent left turns into and out of the site, where it would be and what type of barrier it would be. Ms. Perkins stated the barrier would be decided during the site plan phase and would be whatever VDOT decides. Minute Book Number 42 Board of Supervisors Regular Meeting of 03 /OS /17 County of Frederick, Virginia 296 Evan Wyatt with Greenway Engineering appeared before the Board on behalf of the application and introduced Mr. Jolm Davis with Express Oil and Mr. Charles Thompson, purchaser of the franchise, who traveled from Alabama in order to be in attendance should the Board have any questions. He stated this was the fifth franchise in Virginia and the first one along the I -81 corridor. He further stated there is a proffer commitment for interparcel connectivity and there is an agreement for shared right in/right out entrance off Route 522. Mr. Wyatt went on to say VDOT is amenable to this but requires an access management exception to the spacing distance requirement due to the location of the entrance and the proximity of the signalization. Mr. Wyatt addressed the barriex and stated that was part of the discussion with VDOT and in order to get the right in/right out shared access, some type of median barrier would be required. Vice Chairman Fisher stated the importance of the barrier and it needed to be of a substantial structure. Supervisor Dunn thanked the two gentlemen that were in attendance and had traveled a good distance to be present on behalf of this request. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Dunn, rezoning request #02 -17 of Express Oil Change and Tire Engineers was approved. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02 -17 EXPRESS OIL CHANGE &TIRE ENGINEERS WHEREAS, Rezoning #02 -17 of Express Oil Change &Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers, with a final revision date of September 9, 2016 was considered. This rezoning is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the 1HOP Restaurant, approximately 1,000 feet south of Interstate 81, Exit 313 in the Shawnee District and is identified by Property Identification No. 64 -A -1F; and WHEREAS, the PIanning Commission held a public hearing on this rezoning on February 15, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 8, 2017; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to Minute Book Number 42 Board of Supervisors Regular Meeting of 93/08/17 County of Frederick, Virginia z�r 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 rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of September 9, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. This ordinance shall be in effect on the date of 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 Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #O1 -17 OF FREEDOM MANOR - INFORMATION ONLY Planner Tyler Klein appeared before the Board to present this item. He stated this master development plan proposal is to develop 47 acres of land zoned RP (Residential Performance) District with 90 single - family detached clustered units and 100 single - family attached (townhome) units (total density of 5.47 units /acre). He further stated this master development plan also includes proffered improvements including site access, connectivity, recreational units and amenities. He went on to say this master development plan appears to be consistent with the requirements of the zoning ordinance. He concluded by saying this plan was before the Board for information only. MASTER DEVELEOPMENT PLAN #03 -17 OF SOUTHERN HILLS PHASE II - INFORMATION ONLY Planner Tyler Klein appeared before the Board to present this item. He stated this master development proposal is to develop 37.79 acres of land zoned RP (Residential Performance) District with 130 single - family detached (SFD) units. He further stated this master development plan also includes 2.56 acres of land zoned B2 (General Business) District of right -of- -way reservation for a future major collector road (Southern Warrior Drive Extension). He went on to say this master development plan appears to be consistent with the requirements of the zoning ordinance. He concluded by saying this plan was before the Board for information only. BOARD LIAISON REPORTS There were no Board liaison reports. Minute Book Number 42 Board of Supervisors Regular Meeting of Q3l08 /17 County otFrederick, Virginia ��24 CTTTZEN COMMENTS Ruth Perrine, Back Creek District, addressed the Board with reference to the Clowser House and expressed her gratitude to Mr. Williams and Mr. Downing for meeting with the Shawneeland District Advisory Committee and the citizens committee to preserve the Clowser House for assisting them in reaching some common ground, and thanked the Board of Supervisors for supporting the terms mutually agreed upon to save the Clowser House by moving the process forward to public hearing. Mary Ann Johnson, Stonewall District, addressed the Board and stated that a quality education was a high priority for her and her husband when they were raising their children who are now grown. She stated quality education is the responsibility of the parent but also the community. She stated she and her husband are senior citizens on a fixed income and are willing to pay increased taxes to support education and felt schools were a priority over other new buildings. She stated you can lose many things in life but you can never lose an education. She asked the Board to quickly move forward with the school projects. Allison T3ehan, Stonewall District, addressed the Board and apologized to the Board for her comments at a previous meeting that they were not taking any action when in fact they had been meeting at various times. She stated from the public's perspective they did not see any action and the Board needed to bring that to the public so they can see there is discussion and movement. She stated the Board needed to share information. She went on to say that the county is growing and that delaying construction of the school projects will cost higher later and is a disservice to the children. Nancy Heisey, Gainesboro District, addressed the Board and asked them to fully fund the School Board budget. She stated she has grandchildren that are exposed to educational opportunities and those opportunities cost money. She stated each year there is a new class of kindergarteners as well as a graduating class and that children are our future. Amy Hall, Shawnee District, addressed the Board and stated her daughter attends Sherando High School and due to her educational and social development, she is thriving. She stated this would not be possible if not for the teachers and administrators at Sherando. She stated she does not understand how our community can encourage industrial and economic growth and celebrate tourism while teachers and schools are being pushed to the extremes. She went onto say that Sherando is overcrowded, the classes are huge, the teachers are working long Minute Book Number 42 Board of supervisors Regular Meeting of 03/08/17 County of Frederick, Virginia 2��� hours, yet it is questioned as to whether or not to build another high school. She further stated a fourth high school was needed years ago. She stated new businesses are moving into Frederick County, the hospital is growing, housing communities are popping up; growth is occurring. She stated the Board needed to plan for the future and invest in the school capital projects. She further stated the decisions and actions of the Board will determine the future wellbeing of the entire community. Nina Koch, Shawnee District, addressed the Board and stated education was a priority for her and her husband and after researching the area and the schools, they chose to move to Frederick County. She stated her children have graduated and her oldest child is the "proof in the pudding" as he is special needs. -She further stated they struggled throughout his education with completing homework, with social skills, emotional outbursts, and disciplinary issues. She stated with the support of student services, special services and support from school administrators and staff, he graduated from Sherando High School. She went on to say teachers are not only educators, but they provide emotional support, social role modeling, direction and whatever is necessary to achieve the success of students. She stated Frederick County schools are successful and when her children complete their education journey, they will have the degrees and skills to take and practice anywhere. She stated whether her children decide to return to Frederick County will depend in large part on whether the public services are available that. will enhance their lives and support their children and their education. Ms. Koch further stated those services depend on whether the Board supports the budget requests that allow the public services to meet the community needs and accommodate growth. She asked the Board to consider the ramifications of approving a budget that forces the schools and public services to do more with less again. Joy Kirk, Back Creek District, addressed the Board and stated her children are graduates of James Wood High School. She stated the County has a good school system and good community services. She stated the County needed to celebrate what they are doing; they need to recognize the quality of education they are providing and the hours of work faculty and staff are putting in, She went on to say the County has great community services and public servants who work hard to make citizens feel safe and protected. She stated she hoped her children would decide to settle here, that this is a place they would want to live and raise their family, but in order to do so, the County needed to make progress. Minute Book Number 42 Board of Supervisors Regular Meeting of 03/08/17 County of Frederick, Virginia 30(� There were no further comments. Chairman DeHaven closed the Citizen Comments portion of the meeting. BOARD OF SUPERVISORS COMMENTS Vice Chairman Fisher stated he wanted to compliment everyone involved in working on the Clowser House; that they were able to meet face to face and come to an agreement. He stated everyone did an outstanding job. Supervisor Wells thanked all that came out to speak. He stated that teachers and other staff spend hours over and above to help. He thanked all of them and all volunteers for their time. Chairman DeHaven acknowledged a framed amvork that was given to the county by Helen and Michael Lake, a copy of Norman Rockwell's Freedom of Speech painting. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (7:50 P,M.) ��2..� Charles S. DeHaven, Jr. Chairman, Board of Supervisors �� >�� renda G. Garton Clerk, Board of Supervisors Minutes Prepared By: Teresa J. Pri Administrative Assistant County Administrator's Office Minute Book R'umber 42 Board of Supervisors Regular Meeting of 03/08/17 County or Frederick, Virginia