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July 12 2017 Budget Work Session and Regular Meeting Minutesocl A Budget Work Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, July 12, 2017, beginning at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia, PRESENT Chairman Charles S. DeHaven, Jr.; Vice -Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann -Slaughter; and Robert W. Wells. OTHERS PRESENT Interim County Administrator Kris C. Tierney; Deputy County Administrator Jay E. Tibbs; Treasurer C. William Orndoff, Jr.; Finance Director Cheryl B. Shiffler, and County Attorney Rod Williams. CALL TO ORDER Chairman DeHaven called the work session to order. Staff had previously sent out a list of topics for discussion and was seeking Board feedback. One of the first topics was the desire to start the budget process earlier and what was the objective of the earlier start. Supervisor Lofton stated he would like to start earlier and he would like to see more research when questions come up. He suggested building in budget work sessions after each Finance Committee meeting and eliminating some of the other meetings. He stated that he liked the budget notebooks and he was comfortable with what the Board received. He noted that he would like to have more front end conversations. As for the public hearing, it should be on the Board of Supervisors' budget. He went on to say that he would like to discuss scenarios earlier in the process. Supervisor Lofton stated that if the process were to start earlier he would like to sit down with individual department heads to look at two to five year projections for capital needs. As far as outside agencies, Supervisor Lofton stated he did not need to see a financial report, but he did want to see the number of Frederick County citizens being served for the monetary contribution. Supervisor Wells stated there was no reason to start the budget earlier. He felt there would be adequate time for mini meetings with departments. He went on to say that he would like the Finance Director and County Administrator to be the leaders in the budget process. He felt there should be one point of contact to field questions from supervisors and others and then direct them Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 002 to the appropriate department for a response. There should be guidelines, set by the Board, outlining who should participate in the budget process. He went on to say that during budget work sessions only the Board, Finance Director, and County Administrator and Deputy County Administrator should be at the table. Others may be involved, but only at the invitation of the Board. The budget notebooks were fine, but should be kept simple. The public hearing should be on the Board's proposed budget. The Board would like to have department heads do a 2-3 page summary of their budget highlighting their priorities. Supervisor Lofton suggested departments that staff a committee present their budgets to their respective committee and other board members could attend if they were interested. Supervisor Slaughter would like to have some sort of justification from departments if their budget varies 5-10%. Supervisor Dunn stated he agreed with Supervisor Wells that the hearing should be on the Board's budget. He went on to say, regarding budget requests, that he would like to know the amount of any increases and the purpose of the increase. He would also like to know if anything could be cut to help offset that increase. He stated he was comfortable with the amount of detail the board members received. Supervisor Ewing suggested department heads provide some type of justification with their budget requests and prioritize their needs. He stated consideration should be given to how a tax increase or cut might affect the department's requests. He thought budget guidelines should be established in July or August. Supervisor Dunn agreed with Supervisor Lofton and Supervisor Wells regarding the need for multi -year planning for capital needs. With regard to outside agencies, Interim County Administrator Kris Tierney stated that staff could let them know that the Board wants a statement of how the funds were used to serve Frederick County citizens. Chairman DeHaven stated that was a great idea and to give it a try. In regard to the budget, Vice -Chairman Fisher stated that he thought the hearing was on the Board's budget. He stated the Board should give guidelines (e.g. tax rate, scenarios) and staff could determine what could be funded within that. He went on to say that he had relied on the Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 003 county administrator to prepare the inner workings of the budget. He did not want to get too far down into the details. He concluded by saying that starting earlier would be good, but the Board needed to be careful of burdening staff. Supervisor Slaughter asked about the Economic Development Authority office space rent and if there was space in the County Administration Building that they could occupy in order to decrease rent expenses. Interim Administrator Tierney responded that staff could look at the Public Safety Building, but the County Administration Building was maxed out. Supervisor Slaughter stated she would like to talk about tax relief for the elderly and disabled. The Board recessed for approximately 30 minutes for dinner. Chairman DeHaven reconvened the work session. The Board had a brief discussion regarding tax relief. Vice -Chairman Fisher stated he would like to look at the tax relief threshold and requirements. There being no further business, the work session was adjourned at 6:29 P.M. The Board recessed. until 7:00 P.M. REGULAR MEETING — CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED WITHOUT ADDITION Interim County Administrator Kris Tierney stated he had a request from Frederick County Public Schools with reference to the 12th elementary school for addition as number 4 under County Officials and that the action would be to schedule a public hearing for the August 9, 2017 Board meeting. Upon a motion made by Supervisor Dunn, seconded by Supervisor Ewing, the Board approved the agenda without the addition from the Frederick County Public Schools. The above motion was approved by the following recorded vote: Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07l12/17 County of Frederick, Virginia 004 Charles S. DcHaven, Jr, Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing 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 Lofton, the Board approved the following items under the consent agenda: - Minutes — Regular Meeting of May 10, 2017 and Work Session with the Airport Authority of May 24, 2017 - Tab A; - Resolutions Authorizing Participation in the New Rate Case REC Filed - Tab C; - Acknowledgement of Receipt of Certified Copies of the Abstracts of Votes from the June 13, 2017 Primary Election — Tab D; - Public Safety Committee Report — Tab E; - Public Works Committee Report — Tab F; - Information Technologies Committee Report — Tab G; - Resolution Re: Virginia Department of Transportation (VDOT) Signatory Authority — Tab O; and - Road Resolutions — Tab P. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Alan Morrison, Gainesboro District, addressed the Board with reference to the Transfer of Development Rights (TDRs) request that was on the meeting agenda. He stated that if the Board rejected the TDR change they would be liable for a lawsuit, and if they stuck strictly With the TDR process they would be liable for lawsuits down the road as the process left so many openings that no one would be happy in the long term. He stated TDRs were basically unnecessary as long as they have good zoning. He further stated that the proffers the county has had over the years were grossly insufficient for the costs that have been added to the county as far as services and infrastructure, and with recent changes by the General Assembly, the problem was getting worse. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 005 He stated the process made few prosper and the majority suffers the burden. He went on to say that with the TDR request, 3.5 million dollars would be taken from the proffer system if this request goes through. He stated the money would have to be made up by the taxpayer as development would continue, houses would be constructed, people would move in, and the county would no longer have proffers to offset that. He further stated that if this change came after the development, that if they made this change to an agreement, they should start the entire development process over as this was not a minor change, it was a significant change. He concluded by stating this request needed to be considered more in depth. David Holliday, Back Creek District, and applicant with reference to the Transfer of Development Rights (TDRs) request within the Village at Middletown, addressed the Board. He stated that in the last 11-12 years there had been very few rezonings. He stated that between 1980 and 1984 there were 82 rural subdivisions that were put to record in Frederick County. He stated that is 7,250 acres which equates to 11 square miles. He further stated with the new jobs coming to Frederick County in the next year and half and with 3.1 % unemployment, it was going to happen again. He stated he agreed with Mr. Morrison on everything he said, that there does need to be more study, but he did not agree that there will be a loss to the county because people will build in the rural area. He stated as long as the Board offers farmers by right development and then turns around and does not allow the developers to put the houses in the UDA where the Board wants, there will be a greater impact down the road. He stated that TDRs are the only tool the county has to control the growth and put it where they want. He stated that the Board approved Opequon Crossing and Freedom Manor, it was identical language, and they thought Middletown would automatically be approved, and that is how they priced the subdivision to get a builder in as Middletown had been begging them to come because they needed the connection fees. He stated it would cost $2 million in sewer and water connection fees and that was money the county was going to have to absorb some other way. He stated in the meantime, the Board would be helping the farmers, saving the rural landscape, following the Comprehensive Plan, and putting the impact where it belongs in the UDA He concluded by thanking the Board for their time and requested that this request be withdrawn until they had more time to work on some data points. Karen Vance, Shawnee District, addressed the Board with reference to the Transfer of Development Rights (TDRs) and stated this was a technique that was difficult to grasp. She stated Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of07/12117 County of Frederick, Virginia M. that citizens did not understand TDRs and questioned the detrimental effects that might be facing the citizens. She stated that proffers help offset the cost of services and questioned who would cover the cost of the loss of proffers. She stated that it would somehow spread to the taxpayers. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes of the Regular Meeting of May 10, 2017 and the Work Session with the Airport Authority of May 24, 2017 were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS KAY DAWSON APPOINTED TO THE FREDERICK COUNTY BOARD OF BUILDING APPEALS - APPROVED Upon a motion made by Supervisor Dunn, seconded by Supervisor Slaughter, Kay Dawson was appointed to the Frederick County Board of Building Appeals as a county representative for a five year term, said term to expire July 12, 2022. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye DAVID O'NEAL REAPPOINTED TO THE FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD AS THE GAINESBORO DISTRICT REPRESENTATIVE - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, David O'Neil was reappointed to the Frederick County Historic Resources Advisory Board as the representative of Gainesboro District for a four year term, said term to expire June 12, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ROGER L. THOMAS REAPPOINTED TO THE FREDERICK COUNTY Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 007 PLANNING COMMISSION AS AN OPEQUON DISTRICT REPRESENTATIVE - APPROVED Upon a motion made by Supervisor Wells, seconded by Supervisor Ewing, Roger L. Thomas was reappointed to the Frederick County Planning Commission as a representative of Opequon District for a four year term, said term to expire June 14, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye LYNN SCHMITT REAPPOINTED TO THE FREDERICK COUNTY SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, Lynn Schmitt was reappointed to the Frederick County Shawneeland Sanitary District Advisory Committee for a two year term, said term to expire July 13, 2019. Supervisor Dunn stated he felt the Shawneeland Sanitary District Advisory Committee should vote for their members. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Nay Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye DIANE KEARNS REAPPOINTED TO THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY AS A COUNTY REPRESENTATIVE -APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, Diane Kearns was reappointed to the Frederick County Conservation Easement Authority as a county representative for a three year term, said term to commence August 24, 2017 and expire August 24, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia M Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye WELLINGTON H. JONES AND JAMES R. WILKINS III REAPPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY AS A COUNTY REPRESENTATIVE AND MEMBER -AT -LARGE - APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, Wellington H. Jones was reappointed to the Frederick -Winchester Service Authority as a county representative and James R. Wilkins, III as a Member -At -Large for a three year term, said term to expire August 31, 2020. It was noted that the Member -At -Large appointment is joint with the City of Winchester and would be contingent upon their approval. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye RESOLUTION (0001-17) AUTHORIZING PARTICIPATION IN THE NEW RATE CASE REC RAPPAHANNOCK ELECTRIC COOPERATIVE FILED — APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS RESOLUTION July 12, 2017 WHEREAS, Rappahannock Electric Cooperative provides electric service to County residents; and WHEREAS, Rappahannock Electric Cooperative has fled with the State Corporation Commission an application, docketed as Case Number PUR-2017-00044, for an overall increase in its rates, such increase proposed to be approximately 6.2%; and WHEREAS, energy costs represent a significant burden to County residents and businesses; and WHEREAS, participation by the Board of Supervisors as a respondent in State Corporation Commission Case Number PUR-2017-00044 would be beneficial toward seeking the accomplishment of fair and reasonable electricity service rates for County residents and businesses served by Rappahannock Electric Cooperative; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the filing by the County Attorney on its behalf of a Notice of Participation as a Respondent in State Corporation Commission Case Number PUR-2017-00044 and the taking of such actions as are appropriate in such proceeding to seek the accomplishment of fair and reasonable electricity service rates for County residents and businesses served by Rappahannock Electric Cooperative. Adopted this 12th day of July, 2017. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia I ACKNOWLEDGEMENT OF RECEIPT OF CERTIFIED COPIES OF THE ABSTRACT OF VOTES FROM THE DUNE 13, 2017 PRIMARY ELECTION — APPROVED UNDER THE CONSENT AGENDA In compliance with Virginia Code Section 24.2-675, the Frederick County Electoral Board provided the certified copies of the Abstracts of Votes from the June 13, 2017 Primary Election to be recorded in the minutes. ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2017 June Republican Primary Election held on June 13, 2017 for, Governor NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES] Corey A. Stewart - Republican 2170 Edward W. "Ed" Gillespie - Republican 1929 Frank W. Wagner - Republican 362' Total Write -In votes [From Write -Ins Certifications] 0 ]Valid Write -Ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017. do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Governor. Corey A. Stewart - Republican Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12117 County of Frederick, Virginia ABSTRACT O VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2017 June Republican Primary Election held on June 13, 2017 for, Lieutenant Governor NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Jill H. Vogel - Republican 3199 Bryce E, Reeves - Republican Glenn R. Davis, Jr. - Republican r. 346 Total Write -In votes [From Write -Ins Certficatlonsj '[Valid Write -Ins + Invalid Write ins = Total Write In Votes] .. _... ... . ,Total Number of Overvotes for Office 0.. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Lieutenant Governor. Jitl H. Vode1 - Republican Given under our hands this l `-Tf _ day of �Tu v4 , Secretary, Electoral Board Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07112JI7 County of Frederick, Virginia Oil ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2017 June Democratic Primary Election held on June 13, 2017 for, Governor NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ralph S. Northam - Democratic 1463 Tom S. Perriello - Democratic 1110: Total Write -In votes [From Write -Ins Certifications] p [Valid Write -Ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Qffice p, We, tiro undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes Gast at said election for the Governor. Ralph S. Northam - Democratic Given under our hands this -rrt day of J uN E 1 -7 Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 012 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2017 June Democratic Primary Election held on June 13, 2017 for, Lieutenant Governor NAMES OF CANDIDATES ON THE EALLOT TOTAL VOTES RECEIVED (IN FIGURES) ,Susan S. Platt - Democratic 1154 ... _ .__ . _. ...._ ...„.... -... _ __ . , Justin E. Fairfax - Democratic 878 Gene J. Rossi - Democratic 422: Total Write -In votes [From Write -Ins Certifications] 0 [Valid Write -Ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Lieutenant Governor. Susan 3. Platt - Democratte Is this /41Tt! day of jtjmE Chairman Vice Chairman Secretary Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia , Secretary, Electoral Board 01? ABSTRACT of MOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2017 June Democratic Primary Election held on June 13, 2017 for, Member House of Delegates District; 033 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEfVED (IN FIGURES) .Tie L. Walbridge - Democratic 329- Mav€s B. Taintor - Democratic 279' Total Write -In votes [From Write -Ins Certifications] 0 Nand Write -Ins * Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon exam€nat on of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Delegates, T€a L. Walbridge •,Democrat€e Given under our hands this -raf day of � t1. tJ f -7 COMMITTEE REPORTS PUBLIC SAFETY COMMUNICATIONS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Thursday June 15, 2017 at 8:30 a.m., Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Helen Lake and Blaine Dunn. Member Chuck Torpy was not present. Also in attendance were Fire & Rescue Chief Denny Linaburg, County Attorney Rod Williams, Deputy Fire Chief Larry Oliver, Assistant County Attorney Erin Swisshelm, Communications Director LeeAnna Pyles, Deputy County Administrator for Human Services Jay Tibbs, Sheriff Lenny Millholland, Fire Marshal Jay Bauserman and Deputy Director of Emergency Management Chester Lauck. The following items were discussed: Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 014 ***Item Not Requiring Action*** 1. Presentation from VACoRP and VFIS (see attached) The Committee heard a presentation from VACoRP and VFIS in regards to workman 's compensation and accident/injury coverage for Volunteer Fire and Rescue personnel. VACoRP representative Stephanie Heintzelman outlined the VACoRP program. She then introduced Scott King with VFIS who discussed the accident/injury portion of claims filed that are not deemed workman's compensation. This program could be beneficial to the Volunteer work force. Missi Neal, Administrative Assistant in the Fire and Rescue department stated that the total cost for the department could go up approximately $43,769 for FY18. The Public Safety Committee referred this matter go to the Finance Committee for their consideration with the Fire and Rescue staff providing more details, and that the County consider the workman' s compensation coverage and the VFIS $34,804 basic premium. 2. Fire and Rescue Service Study Update Chief Linaburg updated the Committee on the status of the Fire and Rescue study. The process is going very smoothly and the Fitch Corp is meeting with the volunteer companies. The department hopes to start receiving data in July about the progress to date. 3. Funding for Necessary Repairs/Maintenance at All Stations Chief Linaburg stated that some of the older fire stations are in need of maintenance and repairs to their aging facilities. Some outlying stations (e.g. Gainesboro) which run a high number of calls, assist in Mutual Aid, etc., would benefit from using available proffer dollars. Chairman Fisher will discuss this issue further with the Board of Supervisors. 4. Ordinances (2) Regarding Clean -Ups at Meth Labs and Background Checks for Volunteer Fire and Rescue Personnel (see attached) County Attorney Rod Williams provided the Committee with ordinances referencing the clean-up of meth labs and the background checks for Volunteer Fire & Rescue. The Public Safety Committee unanimously recommended approval of both ordinances and referred them Code & Ordinance Committee. S. Shenandoah University Inquiry About New Athletic Facility Use The Committee discussed the new athletic facility at Shenandoah University and its possible use as an emergency shelter. Chairman Fisher advised he had a conversation with an SU employee which prompted him to bring this matter to the Committee. The Committee concurred, that at this point, there was not enough information on the facility to make any conclusion. Chairman Fisher asked Mr. Lofton, Chief Linaburg, Deputy Director of Emergency Management Lauck and Fire Marshal Jay Bauserman to possibly meet with SU Vice President Moore to gather more information on the building and its capabilities. 6. Other Business Deputy Fire Chief Larry Oliver advised the Committee that on May 19, 2017, the Fire and Rescue Department was awarded the Gold Standard for Mission Life Line from the American Heart Association for the third year. This award is based on the department meeting the AHA parameters pertaining to cardio related calls. It was also noted that over the past week there were significant incidents that involved all departments and that the crews and personnel responding have been doing an outstanding job. Chief Oliver also mentioned they will recognize a medic unit and 2 law enforcement officers for their outstanding response to an incident a few weeks back involving an infant. Next Meeting: Thursday August 17, 2017 Minute Book Number 43 Board or Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 015 Adjourn: The meeting was adjourned at 10:10 a.m. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, June 27, 2017, at 8:00a.m. All members were present except David Ganse. The following items were discussed: ***Items Not Requiring Action*** 1. Carry Forward request from the Frederick County Regional Landfill Budget, Refuse Collection Budget and Round Hill Fire Station and Event Center Budget. a. Landfill Requests -See attached justification (attachment 1) 12-4204-8006-00 Construction Vehicles and Equipment - Complete purchase of a GPS system for CAT 826K Trash Compactor. Purchase was approved for FY2017 but staff needed to test equipment prior to completing the purchase. Therefore, the committee recommended endorsing the carry forward request in the amount of $120,000,00 to complete the purchase of the GPS system. Committee member Whit Wagner recommended the approval and committee member James Wilson seconded the motion. The committee unanimously approved the.motion. 12-4204-8009-01 Miscellaneous Equipment (Gas to Energy Generators) - In the FY2017 budget, the purchase of equipment used to monitor and set emissions for both engines at the gas to energy plant were planned. In order to use monitoring equipment, staff needed to attend training. Training for the equipment will occur in the fall of this year. Once staff completes the training, the equipment will be purchased at a cost of'$10,000.00. 12-4204-8900-00 Improvements Other Than Buildines - Staff have been working with the IT Department to purchase video surveillance equipment around the Landfill to improve security. The final purchase of the equipment will occur in FY2018 budget. Therefore, staff recommended carrying forward an amount of $100,000.00 for the video equipment. The committee combined the request for the $10,000.00 carry forward for monitoring equipment and the $100,000,00 for video equipment into one motion. The committee recommended to endorse these carry forwards. Committee member Whit Wagner recommended the approval and Supervisor Robert Wells seconded the motion. The committee unanimously approved the motion. b. Refuse Collection Requests -See attached justification (attachment 2) 10-4203-3002-00 Professional Services - We are currently designing the plans for construction of the Stephenson Convenience Center to replace the Clearbrook Convenience Center which will be taken out of service by the end of 2017. The request of $9,000.00 is to fund the completion of the design for the site plan. 10-4203-3004-03 Repair and Maintenance -Building and Grounds - The request of funds in the amount of $61,600.00 are for some site improvements at the Middletown and Greenwood Convenience sites. Completion of work has been delayed and is planned for the fall of this year.. The committee endorsed the requests totaling $70,600.00 to be carried forward in the Refuse Collection budget. Committee member James Wilson recommended the approval and Supervisor Robert Wells seconded the motion. The committee unanimously approved the motion. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 016 c. Round Hill Fire Station and Event Center Request - (attachment 3) 12-1226-8800-03 Buildings Round Hill Fire and Rescue - Staff recommends the unencumbered funds left within the project budget be carried forward for any fund items that need to be completed for this project. Currently, there is $29,379,00 remaining that is unencumbered. The project is nearing completion and final matters should be completed by August 2017. We are requesting that all unencumbered funds be carried forward totaling $29,379.00. The committee endorsed the request to carry forward the subject amount. Supervisor Bill Ewing recommended the approval and committee member James Wilson seconded the request. The committee unanimously approved the motion. All of the carry forward requests will be sent to the Finance Committee for further review and consideration. 2. Staff updated the committee on the status of the new Stephenson Convenience Site (replacement of the Clearbrook Convenience Site). We are moving forward with the site and road plan designs. We anticipate having designs finished in two to three weeks. We are coordinating with VDOT, FCSA and all utility companies. We have to move phone and cable lines along the site and bring new electric service into the site. We may have to relocate an existing FCSA water main as well. All of these utility costs will be accounted for in the final project cost estimate. We will acquire an approximate three (3) acre parcel for the convenience site along with an entrance road. Funding for the project is in the capital contingency fund and is available when required. The initial project cost estimate is $540,000.00. We will continue to update the board as we move along. 3. Over the past year, the Animal Shelter has received over $850,000.00 in donations. Some of the funds have been designated to develop a spay/neuter program. We have begun developing a plan to expand on the current program. Also, staff has discussed using most of the funding for an expansion or building an addition to provide some space to allow visitation with animals, training, courses, eta In order to develop a good plan of action, staff requested from the Public Works Committee to authorize the development of a subcommittee to research and discuss the proposed ideas. The committee overwhelmingly supported the idea and an ad hoc committee was formed. From the Public Works Committee, Supervisor Gene Fisher and committee member Whit Wagner both agreed to serve on the committee. We have also asked the Building Inspections staff to assist with ideas. We have also reached out to Frederick County Maintenance for their input. Also, a couple citizen volunteers will also assist with scoping. It is our intent to come back to the committee in a couple of months for an update on proposed ideas and to possibly move forward with a formal design process. (attachment 4) 4, Miscellaneous Reports a) Tonnage Report (Attachment 5) b) Recycling Report (Attachment 6) c) Animal Shelter Dog Report (Attachment 7) d) Animal Shelter Cat Report (Attachment 8) INFORMATION TECHNOLOGIES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A Technologies Committee meeting was held in the First Floor Conference Room at 107 N. Kent Street on Wednesday, July 5, 2017 at 8:00 a.m. Members present were Gary Lofton, Technologies Chairman; Judith McCann -Slaughter, Technologies Committee member; Kris Tierney, Interim County Administrator; Scott Varner, IT Director; Patrick Fly, GIS Manager; Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County offrederick, Virginia 017 and Alisa Scott, Administrative Assistant. Absent were Bill Ewing, Technologies Committee Member; Quaiser Absax, Citizen Member; Lorin Sutton, Citizen Member; and Todd Robertson, Citizen Member. Information Only 1. The IT Director provides a copy of the previous year's Virginia Telecommunications Initiative Grant Requirements and proposed areas for broadband expansion in order to request exploring requirements for the current year's grant. See attached, p. 13. The committee recommends approval to move forward in exploring the grant opportunity. PUBLIC HEARING PUBLIC HEARING - THE BOARD OF SUPERVISORS WILL CONDUCT A PUBLIC HEARING PURSUANT TO VIRGINIA CODE SECTION 15.2-1800 REGARDING THE FOLLOWING PROPOSED CONVEYANCES OF INTERESTS IN REAL PROPERTY OWNED BY THE COUNTY: 1) TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION. A FEE SIMPLE INTEREST IN AN AREA OF APPROXIMATELY 9,160 SQUARE FEET 0.21 ACRES AND A TEMPORARY CONSTRUCTION EASEMENT OVER AN AREA OF APPROXIMATELY 6,833 SQUARE FEET 0.157 ACRES), THE _FEE SIMPLE AREA CONSTITUTING PORTIONS OF AND THE EASEMENT AREA BEING OVER PORTIONS OF TAX PARCEL NUMBERS 65C-1-B, 65C-1-C, 65C-1-G, AND 65C-1-H AND A FEE SIMPLE INTEREST BY QUITCLAIM IN ANY AREA CURRENTLY USED AS THE RIGHT-OF-WAY FOR SULPHUR SPRINGS ROAD (ROUTE 655) ADJACENT TO SUCH PARCELS; 2) TO RAPPAHANNOCK ELECTRIC COOPERATIVE, A PERMANENT UTILITY EASEMENT OVER AN AREA OF APPROXIMATELY 5,473 SQUARE FEET (0126 ACRES), THE EASEMENT AREA BEING OVER PORTIONS OF TAX PARCEL NUMBERS 65C-1-B, 65C-1-C, 65C-1-G AND 65C-1-H; 3) TO VERIZON VIRGINIA INC. A PERMANENT UTILITY EASEMENT OVER AN AREA OF APPROXIMATELY 5,473 SQUARE FEET 0.126 ACRES THE EASEMENT AREA BEING OVER PORTIONS OF TAX PARCEL NUMBERS 65C-1-B 65C-1-C 65C-1-G AND 65C-1-H• 4) TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION A FEE SIMPLE INTEREST IN AN AREA OF APPROXIMATELY 44,384 SQUARE FEET (1.019 ACRES), THE AREA BEING A PORTION OF TAX PARCEL NUMBER 65-A-104: AND 5) TO VERIZON VIRGINIA INC. A PERMANENT UTILITY EASEMENT OVER AN AREA OF APPROXIMATELY 21029 SQUARE FEET 0.483 ACRES), THE AREA BEING OVER A PORTION OF TAX PARCEL NUMBER 65-A-104. ALL OF THE FOREGOING PROPOSED CONVEYANCES ARE IN THE SHAWNEE MAGISTERIAL DISTRICT AND ARE FOR PURPOSES OF THE IMPROVEMENT OF SULPHUR SPRINGS ROAD ROUTE 655 STATE HIGHWAY PROJECT 0655-034-274 RW201 M501 PARCELS O10 AND O15 UPC 59259. - APPROVED 1) to the Virginia Department of Transportation, a fee simple interest in an area of approximately 9,160 square feet (0.21 acres) and a temporary construction easement over an area of approximately 6,833 square feet (0,157 acres), the fee simple area constituting portions of and the easement area being over portions of tax parcel numbers 65C-1-B, 65C- Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia MR 1-C, 65C-1-G, and 65C-1-H, and a fee simple interest by quitclaim in any area currently used as the right-of-way for Sulphur Springs Road (Route 655) adjacent to such parcels; - Approved Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, the above conveyance of interest was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2) to Rappahannock Electric Cooperative, a permanent utility easement over an area of approximately 5,473 square feet (0.126 acres), the easement area being over portions of tax parcel numbers 65C-1-B, 65C-1-C, 65C-1-G, and 65C-1-H; - Approved 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 Ewing, the above conveyance of interest was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 3) to Verizon Virginia, Inc., a permanent utility easement over an area of approximately 5,473 square feet (0.126 acres), the easement area being over portions of tax parcel numbers 65C-1-B, 65C-1-C, 65C-1-G, and 65C-1-H; - Approved Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, the above conveyance of interest was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 019 Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 4) to the Virginia Department of Transportation, a fee simple interest in an area of approximately 44,384 square feet (1.019 acres), the area being a portion of tax parcel number 65-A-104; - Approved 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 Lofton, the above conveyance of interest was approved by the following recorded vote: Charles S. DeHaven, Jr, Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 5) to Verizon Virginia, Inc., a permanent utility easement over an area of approximately 21,029 square feet (0.483 acres), the area being over a portion of tax parcel number 65-A- 104; - Approved 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, the above conveyance of interest was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - PROPOSED ABANDONMENT OF PUBLIC ROAD — SECURITY DRIVE (PORTION). BY RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS. PASSED ON MAY 10, 2017 NOTICE IS HEREBY GIVEN THAT THE FREDERICK COUNTY BOARD OF SUPERVISORS INTENDS TO ABANDON A PORTION OF SECURITY DRIVE FROM A POINT 432.77 FEET EAST OF ITS INTERSECTION WITH Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 0711247 County of Frederick, Virginia 020 INDEPENDENCE DRIVE AND EXTENDING TO THE END OF SECURITY DRIVE, A POINT 802.88 FEET EAST OF ITS INTERSECTION WITH INDEPENDENCE DRIVE, THE AFFECTED RIGHT-OF-WAY AREA CONTAINING .5735 ACRES, MORE OR LESS. ANY LANDOWNER AFFECTED BY THE PROPOSED ABANDONMENT MAY FILE A PETITION FOR A PUBLIC HEARING WITH THE FREDERICK COUNTY BOARD OF SUPERVISORS WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. IF ANY LANDOWNER AFFECTED BY THE PROPOSED ABANDONMENT FILES SUCH A PETITION, THE FREDERICK COUNTY BOARD OF SUPERVISORS WILL ^HOLD A PUBLIC HEARING ON THE PROPOSED ABANDONMENT AT 7:00 P.M. ON JULY 12, 2017, IN THE BOARD OF SUPERVISORS MEETING ROOM, 107 NORTH KENT STREET WINCHESTER VIRGINIA 22601. THIS NOTICE IS GIVEN ON THE 5TH DAY OF DUNE, 2017, BY THE FREDERICK COUNTY BOARD OF SUPERVISORS. — (RESOLUTION #002-17) - APPROVED Assistant Planning Director — Transportation John Bishop appeared before the Board and stated that at the May 10, 2017 Board of Supervisor's meeting, staff was instructed to advertise for the abandonment of a portion of Security Drive. He stated that to date no comments had been received and the item was ready for action. He further stated this was a public hearing item and staff was seeking action on the resolution for abandonment and rescission of the previous request. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the above road abandonment was approved. RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS RECISSION OF PREVIOUS REQUEST FOR VDOT TO ADOPT SECURITY DRIVE AND PARTIAL ABANDONMENT OF ROADWAY The Board of Supervisors of Frederick County, in regular meeting on the 12th day of July 2017, adopted the following: WHEREAS, Frederick County previously requested on September 28, 2016 that the Virginia Department of Transportation adopt Security Drive into the Secondary System of State Highways; WHEREAS, surrounding property owners have requested modifications to the extent of that previous request; WHEREAS, based upon the requested changes there is a portion of the previous request that is no longer a necessary addition to the public road system; WHEREAS, the County will be coordinating with VDOT to submit a modified request for acceptance; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, rescinds their request to adopted Security Drive (Route 1462) into the Secondary System of State Highways. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 021 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of Frederick County, Virginia, abandons .5735 acres of Security Drive as depicted in the attached draft plats. The above motion was approved by the following recorded vote:. Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - PROPOSED CONVEYANCE TO NAVY FEDERAL CREDIT UNION OF A FEE SIMPLE INTEREST IN AN AREA COMPRISED OF 0.5735 ACRES, MORE OR LESS, CURRENTLY CONSTITUTING A SEGMENT OF SECURITY DRIVE, BUT WHICH IS PROPOSED TO BE ABANDONED AS A RIGHT-OF-WAY, FROM A POINT 432.77 FEET EAST OF ITS INTERSECTION WITH INDEPENDENCE DRIVE AND EXTENDING TO THE END OF SECURITY DRIVE, A POINT 802.88 FEET EAST OF ITS INTERSECTION WITH INDEPENDENCE DRIVE, AND ADJACENT TO 141 AND 146 SECURITY DRIVE, TAX PARCEL NUMBER 64-11-11, IN THE SHAWNEE MAGISTERIAL DISTRICT. -- (RESOLUTION #003-17) — APPROVED Assistant Planning Director — Transportation John Bishop appeared before the Board and stated that at the May 10, 2017 Board of Supervisors meeting, staff was instructed to advertise for the abandonment of a portion of Security Drive. He stated the Board authorized staff to advertise for the resulting need to convey the abandoned right-of-way to the surrounding property owners. He further stated that upon Board authorization, the abandoned right-of-way would be conveyed to the surrounding property owners which are Navy Federal Credit Union. He concluded by saying this was a public hearing and staff was seeking Board action on the conveyance. Chairman DeHaven convened the public hearing. David Holliday, Back Creek District, appeared before the Board and asked if VDOT would require a new cul-de-sac and who would pay for it. Mr. Bishop replied it was not required. There were no further public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Dunn, the above road conveyance was approved. RESOLUTION APPROVING DECLARATION AS SURPLUS PROPERTY AND CONVEYANCE OF Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 0 SECURITY DRIVE RIGHT-OF-WAY TO NAVY FEDERAL CREDIT UNION WHEREAS, the County of Frederick, Virginia, is the owner of real property encompassing ,5735 acres of Security Drive right-of-way as more fully described in the attached plats; and WHEREAS, the portion of right-of-way depicted in the attached plats is not needed for the public road system; and WHEREAS, abandoned right-of-way is conveyed to the surrounding property owners; and WHEREAS, Navy Federal Credit Union owns all of the property surrounding the right-of-way; and WHEREAS, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of .5735 acres of Security Drive Tight -of -way depicted in the attached plats on July 12, 2017. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia hereby declare the real property and improvements on .5735 acres of Security Drive Right -of- Way surplus property; and BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia approve the conveyance of the property to Navy Federal Credit Union for incorporation into parcel 64-11- 11; and BE IT FURTHER RESOLVED that the Interim Frederick County Administrator is hereby authorized to take all necessary actions to execute the conveyance of Frederick County's interest in the property to Navy Federal Credit Union. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING 403-17 FOR RUTHERFORD CROSSING SUBMITTED BY GREENWAY ENGINEERING INC. TO REZONE 22.16+/- ACRES FROM THE M1 (LIGHT INDUSTRIAL) DISTRICT TO THE B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS AND 27 07+/-ACRES OF LAND ZONED M1 (LIGHT INDUSTRIAL) DISTRICT WITH PROFFERS TO THE M1 (LIGHT INDUSTRIAL) DISTRICT WITH REVISED PROFFERS THE PROPERTY IS FRONTING ON THE SOUTHEAST SIDE OF MARKET STREET AND THE NORTH SIDE OF MILTON RAY DRIVE AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 43-A-99 IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #004-17) - APPROVED Assistant Planning Director Candice Perkins appeared before the Board and presented this rezoning application. She stated this application was to rezone a total of 49.23 acres of land from the M1 District to the B2 and MI Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the Ml District to the M1 District with revised proffers. She stated the subject property Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 023 was located within the Sewer and Water Service Area (S WSA) and was located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. She further stated the Comprehensive Plan identified the property with an industrial land use designation which was reflective of the current zoning of the subject property. She went on to say that the property was adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side and, therefore; the request for aportion ofthe propertyto be rezoned to the B2 (General Business) District would be acceptable. She stated the remainder of the site, which was located on the northwestern side of the W&W Railroad Line, would retain the existing M1 zoning designation. Ms. Perkins further stated the property was originally zoned to the MI District in 2001 and revised in 2004 and 2007. She went on to say the proffers associated with this rezoning were constant with the obligations entered into with the original rezoning. She stated the application still accounted for the 1,245,000 square foot building cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceeded the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. She stated the applicant had also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. She concluded by saying the Planning Commission did not identify any concerns with the request and recommended approval of the application at their .Tune 7, 2017 meeting. Supervisor Dunn asked about the expected future use, if known, of the property to the east. He asked if there had been any comments for or against this rezoning request from concerned parties interested in history due to the Civil War Battlefield. Ms. Perkins stated they had not received any comments. She stated the preserved battlefield area was a good distance from the property. Evan Wyatt, with Greenway Engineering, appeared before the Board on behalf of the applicant. He stated Ms. Perkins had covered the meat of the rezoning. He stated Greenway Engineering had worked closely with Planning, Transportation and the County Attorney to make certain the proffers that guided the development over time were accounted for with this specific rezoning as well as the proffers they had added. He stated the proffers presented were consistent with what had been promised throughout the development history of the project and they had added a couple of items specific to the rezoning request. He stated the size and scale of the property was not conducive to industrial development and was more in scale with a retail component. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 02, Supervisor Dunn stated he would support the rezoning request and that if there were any requests in the future for acquisition or rezoning for the property to the east, that comments from the historical community be sought in order to have that feedback, Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, rezoning request 403-17 of Rutherford Crossing was approved. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-17 RUTHERFORD CROSSING WHEREAS, Rezoning #03-17 Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.16 acres from Ml (Light Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers with a final revision date of April 19, 2017 was considered. The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development, in the Stonewall Magisterial District and is identified by Property Identification No. 43-A-99; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 7, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 12, 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 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 rezone 22.16 acres from M1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers with a final revision date of April 19, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. This ordinance shall be in effect upon adoption. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS. PART 401 — RA RURAL AREAS DISTRICT, &165- 401.03 CONDITIONAL USES. ARTICLE IV AGRICULTURAL AND Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 025 RESIDENTIAL DISTRICTS, PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT 165-402.03 CONDITIONAL USES. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES, V65-204.31 DOCTORS OF MEDICINE, DENTISTS AND OTHER HEALTH PRACTITIONERS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT AND THE RA (RURAL AREAS) DISTRICT. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE ON MEDICAL OFFICES IN THE RP (RESIDENTIAL PERFORMANCE) AND RA (RURAL AREAS) DISTRICT AS A CONDITIONAL USE. - APPROVED Planner Tyler Klein appeared before the Board and presented this proposed ordinance amendment. He stated this was a proposed amendment to Chapter 165, Zoning, to add Medical Offices as a conditional use in the RP (Residential Performance) and RA (Rural Areas) Zoning Districts. He stated that currently this use was permitted by right in the B1 (Neighborhood Business) and the B2 (General Business) Zoning Districts. He stated that staff had drafted an amendment to add Medical Offices as a conditional use in the RP and RA Districts and had also drafted supplemental use regulations that would correspond to the use. He further stated that additional requirements could be added during the conditional use permit (CUP) process if necessary. He went on to say that the Development Review- and Regulations Committee (DRRC) discussed this proposed amendment at their January 2017 meeting and agreed with the proposed change, and further recommended it also be allowed in the RA Zoning District as a conditional use. He further stated this item was discussed by the Planning Commission on March 15, 2017 and the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. He went on to say that the Board of Supervisors discussed this item on April 12, 2017 and had requested additional supplemental use regulations be included, such as restricting the use from residential subdivisions and neighborhoods in the RP Zoning District, requiring the primary use be medical office, and requiring frontage on collector or arterial roadways. Mr. Klein stated the Board of Supervisors discussed this item on May 10, 2017 and agreed with the proposed changes and sent the amendment forward for public hearing. He further stated the Planning Commission held a public hearing at their June 7, 2017 meeting and recommended approval. He concluded by stating this proposed amendment was being presented to the Board of Supervisors for action. Supervisor Dunn asked if this normally fit into the business area and not rural area category under the zoning ordinance. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 026 Mr. Klein replied that as the zoning ordinance currently exists, medical offices are permitted. He stated this proposed amendment was presented by an applicant seeking to open a medical office in the RP zoning district. Supervisor Dunn asked why an applicant could not stay in the B2 district or rezone the area. He stated he had a concern about exceptions to the rule on the zoning issues. Mr. Klein stated it was an opportunity to have some flexibility and not every rezoning is supported by the Comprehensive Plan. He stated any request for a medical office would be considered on a case by case basis during the conditional use permit process. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above proposed ordinance amendment was approved. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401— RA RURAL AREAS DISTRICT §165-401.03. CONDITIONAL USES PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.03. CONDITIONAL USES ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204-31. DOCTORS OF MEDICINE, DENTISTS AND OTHER HEALTH PRACTITIONERS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT AND THE RA (RURAL AREAS) DISTRICT WHEREAS, an ordinance to amend Chapter 165, Zoning to add Medical Offices as a conditional use in the RP (Residential Performance) District and RA (Rural Areas) District, along with supplemental use regulations that would correspond to the use was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on June 7, 2017; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on July 12, 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 Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 027 that Chapter 165, Zoning, is amended to modify Article IV, Agricultural and Residential Districts, Part 401 -- RA Rural Areas District, §165-401.03 Conditional Uses; Part 402 — RP Residential Performance District; §165-402.03 Conditional Uses; Article If, Supplementary Use Regulations, Parking, Buffers, and Regulations For Specific Uses, Part 204 Additional Regulations for Specific Uses, §165-204.31 Doctors of Medicine, Dentists and other Health Practitioners in the RP (Residential Performance) District and the RA (Rural Areas) District to add Medical Offices as a conditional use in the RP (Residential Performance) District and RA (Rural Areas) District, including supplemental use regulations that Would correspond to the use. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165-401,03 Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: RR. Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803, and 8041. Part 402 — RP Residential Performance District § 165-402.03 Conditional uses. Uses and associated signs permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day-care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. G. Museums H. Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801 802 803 and 804). Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204—Additional Regulations for Specific Uses Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 02, 165-204.31. Doctors of medicine, dentists and other health practitioners in the RP (Residential Performance) District and the RA (Rural Areas) District. Doctors of medicine dentists and other health eractitioners in the RP Residential Per ormance District and the RA (Rural Areas) District shall be subject to the following requirements: A. Excluding buffers and screening the use and site shall adhere to and implement General Business (B2) Zoning District design standards, 8. Buffers and screening (including distance, opaque elements and landscaping! shall be determined by the Zoning Administrator; C. The use mustfront on and be accessed via a collector or arterial roadway, D. The primary use of the structure shall be the doctor's office,• E. The use shall not be located within a residential development/subdivision. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS RESOLUTION TO ALLOW TRANSFER OF DEVELOPMENT RIGHTS (TDR TO BE UTILIZED FOR PROFFER PAYMENTS WITHIN THE VILLAGE AT MIDDLETOWN — WITHDRAWN BY THE APPLICANT DISCUSSION — SLAUGHTERHOUSES AS A CONDITIONAL USE IN THE RURAL AREAS RA DISTRICT — RESOLUTION #006-17 - APPROVED TO FORWARD TO PUBLIC HEARING Planner Tyler Klein appeared before the Board and presented this proposed ordinance amendment. He stated this was an ordinance amendment to Chapter 165, Zoning to allow slaughterhouses in the RA (Rural Areas) Zoning District as a conditional use. He stated currently, manufacturing of "meat products" is only allowed in the M2 (Industrial General) Zoning District by right. He stated staff drafted a revision to the Zoning Ordinance to include a new definition for slaughterhouses as well as supplemental use regulations that would correspond to the use and that additional requirements could be added during the conditional use permit (CUP) process if necessary. He further stated the inclusion of this use seeks to expand and clarify opportunities for agribusiness in the County's rural areas and is supported by the 2035 Comprehensive Plan Rural Areas and Agribusiness Development sections. He further stated this item was proposed by a business owner and current slaughterhouse operator seeking to expand and/or relocate their nonconforming use. He went on to say this item was discussed by the Development Review and Regulations Committee (DRRC) at their April 27, 2017 regular Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 029 meeting; the DRRC agreed with the proposed ordinance amendment and forwarded the item to the Planning Commission for discussion. He stated the Planning Commission discussed this item on June 7, 2017 and the commission agreed with the changes and sent the item forward for review by the Board of Supervisors. He concluded by stating that staff is seeking direction from the Board of Supervisors on this proposed zoning ordinance text amendment. Supervisor Lofton asked if someone opened a business to process deer meat, would that fall under the slaughterhouse definition. Mr. Klein replied if it were a commercial level facility. Vice Chairman Fisher asked for clarification of a few operations that are apparently going on that are not defined for use in the RA areas. Mr. Klein stated that is correct. He stated there are a few existing slaughterhouse operations that are currently operating under a legally non -conforming use which means they do not fall under a category that is currently allowed in the zoning ordinance, but they have been in operation for a number of years and they can continue to operate as they currently exist until such time as they would come forward for any type of change such as an expansion or a modification to their facility. He stated there are provisions under the legally non -conforming use that would allow them to expand. He stated the applicant that brought this request forward was seeking to expand their operation across a property line and looking at a potential second location in the county which made it difficult for them to expand due to the legally non -conforming use requirements. Planning Director Mike Ruddy stated there were a number of cottage occupations that exist in the county's rural areas in a residential setting that allow for this process. Chairman DeHaven asked about the ability to expand. Mr. Klein stated the applicant was seeking to acquire adjacent property and expand their operation. Chairman DeHaven stated that the current scale was not a problem; it was when someone wanted to expand that was when problems begin to occur. Mr. Klein stated the applicant worked closely with the committee on the supplemental uses and was comfortable with that. He stated staff reached out to like neighboring jurisdictions to see how they treated slaughterhouses and the amended text provided was what was appropriate for the Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia O3C user in the county currently and was consistent with what was being seen around the state. Mr. Tierney stated this would require a conditional use permit which would require a public hearing and would be on a case by case basis based upon the particulars. Supervisor Dunn asked how this could be going on now in the RA area for a process that is not deemed for an RA area. Mr. Klein stated that existing users were legally non -conforming so wherever they were established now they could continue to operate as they were currently doing. If a new user wanted to set up a slaughterhouse they would have to be in the M2 Industrial General Zoning District. Chairman DeHaven stated this preceded the zoning ordinance. Mr. Klein stated the committee and the Planning Commission felt the supplemental use regulations that were being included with the proposed text amendment were appropriate for the type of use that was being sought. He stated that as Mr. Tierney had pointed out, a conditional use permit would be required and would be considered on a case by case basis. Supervisor Dunn stated he had a problem with this type of operation being permitted in an area that was not designated for it. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, the proposed ordinance amendment for slaughterhouses as a conditional use in the Rural Areas (RA) District was forwarded to public hearing. RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101— GENERAL PROVISIONS §165-101.02 — DEFINITIONS AND WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.17 SLAUGHTERHOUSES AND RENDERING PLANTS ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401— RA RURAL AREAS DISTRICT §165-401.03 CONDITIONAL USES WHEREAS, an ordinance to amend Chapter 165, Zoning to allow slaughterhouses in the RA (Rural Areas) Zoning District requiring a conditional use permit (CUP); and Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 031 WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the changes at their April 27, 2017 meeting and agreed with the proposed changes to allow slaughterhouses in the RA Zoning District requiring a conditional use permit (CUP) and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on June 7, 2017 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on July 12, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow slaughterhouses in the RA (Rural Areas) Zoning District requiring a conditional use permit (CUP). The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay Gene E. Fisher Aye Blaine P. Dunn Nay Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye RESOLUTION (#007-17) RE: VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SIGNATORY AUTHORITY — APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 12th day of July 2017, adopted the following: WHEREAS, Frederick County has received a request from Virginia Department of Transportation for signatory authority granted by the Board of Supervisors to the individual signing when executing agreements with outside agencies; and WHEREAS, the County will be engaged in a number of County managed projects leading to more agreements with outside agencies; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, grants authority for Interim Frederick County Administrator, Kris C. Tierney to execute project administration agreements with outside agencies. This authority shall be in effect on the day of adoption. ROAD RESOLUTIONS - RED BUD RUN SECTION 2, PHASE 3-8 (RESOLUTION #008-17) AND RAVEN POINTE SECTION G PHASE 2 (RESOLUTION #009-17) - APPROVED UNDER CONSENT AGENDA RESOLUTION (008-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS RED BUD RUN SECTION 2, PHASE 3-8 Minute Book Number 43 Board of supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 03 The Board of Supervisors of Frederick County, in regular meeting on the 12th day of July, 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 Cleric's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. RESOLUTION (009-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS RAVEN POINTE SECTION G, PHASE 2 The Board of Supervisors of Frederick County, in regular meeting on the 12th day of July, 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 Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board Liaison Reports. Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia 033 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn encouraged the School Board to present their needs for the next 5 years in dollars, sooner than later. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR EWING, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (8:04 P.M.) Cv,j 0A Charles S. DeHaven, Jr. Chairman, Board of Supervisors C. er y Cle Bo pervisors - `j Minutes Prepared By: Jay E. TilYbs Deputy Clerk, Board of Supervisors and -- Ctv%,s Teresa J. Prik Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Budget Work Session and Regular Meeting of 07/12/17 County of Frederick, Virginia