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September 13 2017 Closed Session and Regular Meeting Minutes052 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, September 13, 2017, beginning at 6:00 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; and Judith McCann -Slaughter. ABSENT Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion made by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (8) of the Code of Virginia, 1950, as Amended, for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel; and pursuant to Section 2.2-3711 A (1) of the Code of Virginia, 1950, as Amended, for discussion of personnel matters, specifically, the appointment of a County Administrator. 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 Absent Upon a motion made by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors came out of closed session and reconvened in open session. "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 Absent Upon a motion made by Vice -Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each Board Member's knowledge that only the consultation with legal Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 053 counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 A (8) of the Code of Vim, 1950, as Amended, and discussion of personnel matters, specifically, the appointment of a County Administrator pursuant to Section 2.2-3711 A (1) of the Code of VirlZinia, 1950, as Amended, were discussed. 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 Absent The Board recessed until its regular meeting, 7:00 P.M. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED Interim County Administrator Kris Tierney requested to add Tab 1, the Joint Public Works Committee and Landfill Oversight Committee Report under the Consent Agenda as no action was required, and to pull Tab N from the agenda, Discussion of the Comprehensive Policy Plan Amendment (CPPA) 901-17 Sandy's Mobile Home Court, LLC Sewer and Water Service Area (SWSA) Inclusion Request. Vice Chairman Fisher stated he would like to add after the Board of Supervisors Comments, the appointment of a County Administrator and approval of the contract of the County Administrator. Upon a motion made by Supervisor Lofton, seconded by Supervisor Ewing, 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia Awl Judith McCann -Slaughter Aye Robert W. Wells Absent CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, the Board approved the following items under the consent agenda: - Minutes — Budget Work Session and Regular Meeting of July 12, 2017, Closed Session and Regular Meeting of August 9, 2017 - Tab A; - Resolutions of Appreciation for Retirees with Twenty -Five Years or More of Service with Frederick County — Tab F; - Joint Public Works Committee and Landfill Oversight Committee Report — Tab I; - Public Safety Committee Report - Tab J; - Transportation Committee Report — Tab K; - Road Resolutions — Tab O. 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 Absent CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. APPOINTMENT OF COUNTY ADMINISTRATOR AND APPROVAL OF CONTRACT WITH COUNTY ADMINISTRATOR — APPOINTMENT OF KRIS C. TIERNEY — APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Ewing, Kris C. Tierney was appointed County Administrator effective September 13, 2017 and the Board authorized the Chairman of the Board of Supervisors to sign the contract on behalf of the County. 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 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia ME Robert W. Wells Absent MINUTES — APPROVED UNDER CONSENT AGENDA The minutes of the Budget Work Session and Regular Meeting of July 12, 2017 and the Closed Session and Regular Meeting of August 9, 2017 were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FROM STEPHENS CITY FIRE AND RESCUE COMPANY FOR CARRY FORWARD FUNDS — APPROVED Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the request from the Stephens City Fire and Rescue Company for Carry Forward Funds in the amount of $214,105.51 and the supplemental appropriation were 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 Absent REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED County Administrator Tierney reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Toyota Lease Trust in the amount of $3,305.40 for personal property taxes in 2016 and 2017 and vehicle license fees in 2017. This refund resulted from normal proration of vehicle taxes where vehicles financed by this company were either sold or moved from this locality. Different divisions of this large automobile financing company are involved with registration and taxation of vehicles. Upon a motion made by Supervisor Lofton, seconded by Supervisor Slaughter, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 056 2. Gander Mountain #342 in the amount of $7,149.80 for business license fees for part of 2017. This refund resulted from the closing of the Gander Mountain #342 location. Should this location reopen, it would be under another legal entity. Upon a motion made by Supervisor Ewing, seconded by Supervisor Slaughter, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E, Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent PROPOSED 2018 LEGISLATIVE AGENDA - APPROVED Deputy County Administrator Jay Tibbs presented the proposed 2018 Legislative Initiatives, He stated it was a different format from last year's and staff attempted to consolidate initiatives and identified six primary legislative initiatives the County would focus on this year. He stated this was not an all -encompassing list of legislative items as when bills get introduced or proposed, staff would continue to monitor items of interest to the Board or that affect Frederick County, then the Board would weigh in on those as the General Assembly session progresses. He further stated that staff is seeking an endorsement by the Board. Staff would communicate the legislative agenda to our elected legislators and share it with VACo as well to see if any could be included in their overall legislative agenda. He pointed out a couple of items for consideration and one was the reconsideration of SB 549 that changed the proffer legislation. He stated that, according to Delegate Minchew, this legislation may be revisited as it did not have the effect the development community had hoped, He stated the other item was funding for transportation improvements and assistance with transportation improvements on I-81 which was a priority for Delegate Minchew, Supervisor Lofton asked about the funding for transportation improvements, He stated that he recently learned that funding for revenue sharing projects was decreased from $10 million to $5 million annually and wondered if the Board needed to be more specific with that particular item and still support funding for all local transportation improvements, or if that would make any impact at all. He. stated he felt it could impact Frederick County quite a bit with the reduction in revenue sharing. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13(17 County of Frederick, Virginia ma Chairman DeHaven stated he felt that could be worked into the wording. He stated it did not hurt to keep campaigning for it. Supervisor Ewing stated with reference to the unfunded mandates, he felt the state should fund mandates rather than the localities. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the 2018 Proposed Legislative Agenda 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 Absent RESOLUTIONS OF APPRECIATION FOR RETIREES WITH TWENTY-FIVE YEARS OR MORE OF SERVICE WITH FREDERIK COUNTY — APPROVED UNDER CONSENT AGENDA RESOLUTION (#012-17) OF APPRECIATION HARVEY E. "ED" STRAWSNYDER, JR. FREDERICK COUNTY WHEREAS, Harvey E. "Ed" Strawsnyder, Jr. served Frederick County, Virginia, for approximately 26 years in the Public Works Department; and WHEREAS, Harvey E. "Ed" Strawsnyder, Jr. began his career with Frederick County as Director of Engineering — Public Works (1991-1994), and Public Works Director (1993-2017); and WHEREAS, Under Harvey E. "Ed" Strawsnyder, Jr.'s leadership, a number of projects were completed to include construction of a new animal shelter, renovations to the old Frederick County Courthouse, design and construction of a new overflow parking area at Bowman Library, the Lake Holiday spillway, and Renaissance Drive, to name a few; and WHEREAS, Harvey E. "Ed" Strawsnyder will be remembered for his leadership, project management and oversight, and his loyalty to and mentoring of the employees who worked for him. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Harvey E. "Ed" Strawsnyder, Jr. for his dedication and dependability and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 131h day of September, 2017. RESOLUTION (#013-17) OF APPRECIATION CHARLES "STEVE" FRYE FREDERICK COUNTY WHEREAS, Charles "Steve" Frye served Frederick County, Virginia, for approximately 26 years in the Public Works Department; and Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia me: WHEREAS, Charles "Steve" Frye began his career with Frederick County as a Motor Equipment Operator II (1990-1992), Acting Shawnee land Sanitary District Manager (1992- 1993), Shawneeland Sanitary District Manager (1993-1994), and Landfill Manager (1994-2017); and WHEREAS, Under Charles "Steve" Frye's management the landfill became a state of the art facility that is a model facility in the Commonwealth. His safety program yielded six consecutive years without a lost time accident, and his leadership and innovation resulted in the gas to energy facility that has made the Frederick County Landfill a leader in the solid waste disposal industry; and WHEREAS, Charles "Steve" Frye was usually the first to arrive and the last to leave work and will be remembered for his work ethic, devotion to duty, and his impeccable safety record. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Charles "Steve" Frye for his dedication and dependability and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 131h day of September, 2017. RESOLUTION (#014-17) OF APPRECIATION CHERYL S. OWINGS FREDERICK COUNTY WHEREAS, Cheryl S. Owings served Frederick County, Virginia, for approximately 34 years in the Division of Court Services and the Finance Department; and WHEREAS, Cheryl S. Owings began her career with Frederick County as an Administrative Secretary with the Division of Court Services (1982), Account Clerk II with the Division of Court Services (1982-1985), Account Clerk II with the Finance Department (1985), Administrative Assistant (1985), Accountant 1 (1985-1994), Accountant Il (1994-1998), Senior Account Technician (1998-2015), and Payroll Manger (2015); and WHEREAS, during her tenure with the Finance Department, Cheryl S. Owings worked with the Management Information Systems staff to add the W-4 and Virginia and West Virginia tax forms to the electronic timesheet program in order to give employees more flexibility to make changes to their deductions; and WHEREAS, Cheryl S. Owings will be remembered for her work ethic, job knowledge, accuracy, and positive attitude. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Cheryl S. Owings for her dedication and dependability and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 13"' day of September, 2017. RESOLUTION (#015-17) OF APPRECIATION CAPTAIN LISA SAVILLE FREDERICK COUNTY WHEREAS, Lisa Saville served the citizens of Frederick County, Virginia, for approximately 27 years at the Northwestern Regional Adult Detention Center; and Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 059 WHEREAS, Lisa Saville began her career with Frederick County first as a Correctional Officer (1989-1994), obtaining the rank of Sergeant (1994-2000), then Lieutenant (2000-2013) and, finally, rising to the rank of Captain (2013-2017); and WHEREAS, during her tenure at the Northwestern Regional Adult Detention Center, Captain Lisa Saville implemented a number of programs that benefitted not only the department, but the inmates as well. When the Department of Corrections closed several facilities in 2014 Captain Saville developed a process where the NRADC would take more work release eligible inmates and put them in contract beds in order to maintain and increase revenues. In addition, she worked to get more inmates out on work release by assisting them with job fairs and connecting them to local businesses; and WHEREAS, Captain Lisa Saville will be remembered for her leadership and unwavering dedication to duty, her common sense, and sound advice and counsel. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Captain Lisa Saville for her leadership and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 131h day of September, 2017. RESOLUTION (9016-17) OF APPRECIATION ANGELA S. WILLIAMSON FREDERICK COUNTY WHEREAS, Angela S. Williamson served Frederick County, Virginia, for approximately 31 years in the Sheriff's Department; and WHEREAS, Angela S. Williamson began her career with Frederick County as a Dispatcher with the Sheriff's Department (1986-1987), General Clerk (1987-1990), and Administrative Assistant (1990-2017); and WHEREAS, during her tenure with the Sheriff s Department, Angela S. Williamson worked to improve new staff duties and cross trained staff to better enhance the clerical staff support for the department and monitored and tracked all funds associated with the Sheriff's Department's operating budget; and WHEREAS, Angela S. Williamson will be remembered for her vast knowledge of the policies and procedures of the Sheriff's Department, her passion and commitment, and being a "TEAM PLAYER" in the administration of this department. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Angela S. Williamson for her dedication and dependability and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 13th day of September, 2017. RESOLUTION (#017-17) OF APPRECIATION BATTALION CHIEF KARL H. STEUDL FREDERICK COUNTY WHEREAS, Karl H. Steudl served the citizens of Frederick County, Virginia, for approximately Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia No 26 years in the Fire and Rescue Department; and WHEREAS, Karl H. Steudl began his career with Frederick County as a Firefighter I (1991- 1998), Fire & Rescue Specialist (1998-2001), Fire & Rescue Lieutenant/Fire Marshal (2001- 2003), Fire & Rescue Captain (2003-2017), and rising to the rank of Fire & Rescue Battalion .Chief (2017); and WHEREAS, during his tenure with the Fire and Rescue Department, Battalion Chief Karl H. Steudl worked with the Communications Committee to develop Standard Operating Procedures/Guidelines to standardize equipment and move the department into the future; and assisted with a major radio system upgrade which saved Frederick County $438,000 based upon what a private company would have cost; and WHEREAS, Battalion Chief Karl H. Steudl will be remembered for his leadership, work ethic, job knowledge, and as one of the "best incident commanders in the department', NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Battalion Chief Karl H. Steudl for his leadership and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 1 P day of September, 2017. RESOLUTION (#018-17) OF APPRECIATION LIEUTENANT RONALD K. RIDLEY FREDERICK COUNTY WHEREAS, Ronald K. Ridley served the citizens of Frederick County, Virginia, for approximately 28 years at the Northwestern Regional Adult Detention Center; and WHEREAS, Ronald K. Ridley began his career with Frederick County first as a Correctional Officer (1989-1990), obtaining the rank of Sergeant (1990-2000), and rising to the rank of Lieutenant (2010-2017); and WHEREAS, during his tenure at the Northwestern Regional Adult Detention Center, Lieutenant Ronald K. Ridley significantly improved the Inmate Workforce Package and Pod Worker Assignment process, planned and supported a temporary Inebriate Center during the 85'' Shenandoah Apple Blossom Festival, and taught numerous classes as a General Instructor; and WHEREAS, Lieutenant Ronald K. Ridley will be remembered for his leadership, attention to detail, forward thinking, his ability to communicate, and his rapport with staff, inmates, and other agencies. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Lieutenant Ronald K. Ridley for his leadership and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 13`i' day of September, 2017. FINANCE COMMITTEE REPORT — APPROVED Supervisor Slaughter presented the Finance Committee Report. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 661 A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 16, 2017 at 8:00 a.m. All members were present. Items 1, 2, and 3 were approved under consent agenda. Item 6 requires no action. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, Items 1, 2, and 3 were approved under the consent agenda 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 Absent 1. The Sheriff requests a General Fund supplemental appropriation in the amount of 100. This amount represents a donation to the DARE program. No local funds required. — Approved Under Consent Agenda. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of 5 080.92. This amount represents an auto claim reimbursement. No local funds required. - Approved Under Consent Agenda. 3. The Public Safety Communications Director requests a General Fund supplemental appropriation in the amount of $7,579.72. This amount represents a carry forward of unspent FYI funds for the completion of the radio upgrade. - Approved Under Consent Agenda. 4. Horizon Goodwill Industries, Inc. requests real property tax exemption. See application and Code of Virginia Tax Exempt Property. The committee recommends denial of the exemption. — Denied. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the above request was denied by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent S. The Winchester Regional Airport Executive Director requests an FY18 Airport Capital Fund supplemental appropriation in the amount of $2,165,000 and an FY18 General Fund supplemental appropriation in the amount of $209,674, These amounts represent the Airport Capital budget for FY18 and the local contribution. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia Robert W. Wells Absent 6. The committee will discuss airplane tax rate. The committee requested additional information and will resume discussions at the next meeting. — No Action Taken. 7. The committee will continue discussion on real property tax relief and deferral. The committee recommends promotion of the deferral program and approval of the code updates as presented. The committee also requested additional information and will resume discussion of the tax relief ranges at the next meeting. — No Action Taken. 8. The committee will continue discussion on workman's compensation and accident/injury coverage for volunteer fire & rescue personnel. The committee recommends implementing VACORPs recommendation for workers' compensation for volunteer fire & EMS. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent 9. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. The committee recommends no changes to the charter. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Bill M. Ewing Gene E. Fisher Gary A. Lofton Judith McCann -Slaughter Robert W. Wells Aye Aye Aye Aye Aye Aye Absent Information Only 1. The Finance Director provides a Fund 10 Transfer Report for June 2017. 2. Fund balance information will be provided after the County closes FYI 7. 3. The Finance Director provides the FY 2019 budget calendar. 4. The Finance Director provides the updated outside agency funding request form. S. The FYI year-end open purchase orders have been provided by the County and the Schools. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED Supervisor Dunn presented the Code and Ordinance Committee Report. The Code & Ordinance Committee met on Wednesday, August 23, 2017 at 3:00 P.M., in Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 1 the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Code and Ordinance Committee members present were Blaine R Dunn, Chairman; Bill M. Ewing, Robert W. Wells, Derek Aston, Stephen Butler, and James Drown. Also present were Interim County Administrator Kris C. Tierney, Deputy County Administrator Jay E. Tibbs, County Attorney Rod Williams, Fire Chief Dennis Linaburg, Treasurer C. William Orndoff, Jr., Commissioner of the Revenue Ellen Murphy, and Lorraine Mossburg, Administrative Assistant. The committee submits the following: ***Items Requiring Board Action*** 1. Proposed Amendment to the Frederick County Code, Chapter 89 (Fire and Rescue Services), Section 89-12 (Volunteer Fire Fighter and Rescue Members) — Simplified Background Check Procedure. — Sent Forward to Public Hearing County Attorney Rod Williams provided a brief overview. He advised this proposal was a technical amendment which would speed up the process for completing background checks necessary in order to approve volunteer fire and rescue members, Upon a motion by Mr. Butler, seconded by Mr. Ewing, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. Upon a motion made by Supervisor Dunn, seconded by Supervisor Ewing, the above proposed amendment was sent forward to public hearing 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 Absent 2. Proposed Amendment to the Frederick County Code, Chapter 122 (Nuisances), Proposed Section 122-11 (Methamphetamine Lab Cleanup and Removal Responsibility for Costs; Determination of Amount) — Sent Forward to Public Hearing County Attorney Rod Williams provided a brief overview, He advised this proposed ordinance would help ensure that all possible avenues are available for the County to recover any costs it might be forced to incur to protect the public health and safety, in those instances where no other means are available for the cleanup of methamphetamine labs. Upon a motion by Mr. Butler, seconded by Mr. Drown, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval, The motion was unanimously approved. Upon a motion made by Supervisor Dunn, seconded by Supervisor Slaughter, the above proposed amendment was sent forward to public hearing 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 Absent Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 3. Proposed Amendment to the Frederick County Code, Chapter 155 (Taxation), Section 155-3 (Tax returns, Failure to File). — Sent Forward to Public Hearing County Attorney Rod Williams provided a brief overview. He advised the proposed amendments are technical amendments to the provision governing personal property return tax filings. The amendments clarify that the requirements apply for mobile homes and provide for annual filing of returns for mobile homes, irrespective of change ownership and/or tax situs. They also establish a uniform filing deadline of March 1 for personal property returns. For proratable personal property (non -business motor vehicles) for which there is a change of ownership and/or tax situs, the ordinance would still require the filing of a return within 60 days of the change. Upon a motion by Mr. Ewing, seconded by Mr. Butler, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. Upon a motion made by Supervisor Dunn, seconded by Supervisor Ewing, the above proposed amendment was sent forward to public hearing 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 Absent ***Items Not Requiring Board Action*** 1. Proposed Amendment to the Frederick County Code, Chapter 48 (Animals and Fowl), Section 48-23 (Specified Noise Unlawful), Section 48-24 (Enforcement), Section 48-25 (Violations and penalties) and Chapter 118 (Noise), Section 118-1 (Specified Noise Unlawful), Section 118-2 (Enforcement), Section 118-3 (Violations and Penalties), Proposed Section 118-4 (Specific Prohibitions), Proposed Section 118-5 (Exceptions). County Attorney Rod Williams provided a brief overview. He advised this proposed amendment was an attempt to revise the existing noise ordinance to meet the constitutional standard for reasonableness. The proposal would bring the ordinance into compliance and provide necessary clarity. The Committee discussed the proposed amendment and was not ready to move it forward. Upon a motion by Mr. Butler, seconded by Mr. Ewing, the Committee postponed this item until its next meeting. The motion was approved unanimously. 2. Other Business Mr. Dunn raised an issue in his district where a property owner was discharging water onto a neighboring property. He stated he had contacted staff and was advised there was no prohibition under current local ordinances to address discharging water onto another person's property. He stated he was seeking other perspectives. Mr. Ewing advised that he was dealing with a similar situation in his district. Interim County Administrator Tierney advised that he would confer with the Public Works Director to see what avenues were available and would let Mr. Dunn know what he finds. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 065 There being no further business, the meeting adjourned at 3:45 p.m. JOINT PUBLIC WORKS COMMITTEE AND LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA There was a joint Public Works Committee and Landfill Oversight Committee meeting on Tuesday, August 29, 2017, at 8:00 a.m. All members were present from the Public Works Committee. The Landfill Oversight Committee had all members present except David Ash and J. Stanley Crockett. The following items were discussed: ***Items Requiring Action*** 1. Supplemental Appropriation Request for $50,000.00 for the Frederick County Esther Boyd Animal Shelter In order to begin the design process for a future building addition at the animal shelter, we have requested a supplemental appropriation in the amount of $50,000.00 to be placed in line item 10-4305-3002-02 from the reserve line item 10-240-2501. The reserve fund is where all the donated funds have been placed to fund projects as determined by Frederick County. To date, we have received over $1,100,000.00 from multiple donors. The committee recommended endorsement of the request for the supplemental appropriation in the amount of $50,000.00 and forwarded this request to the Finance Committee for further consideration. Committee member Whit Wagner recommended approval and Supervisor Robert Wells seconded the motion. The committee approved the motion with five aye votes and one nay vote. 2. Supplemental Appropriation Request for $10,000.00 for the Frederick County Esther Boyd Animal Shelter In order to expand our current, spay/neuter program, we requested a supplemental appropriation in the amount of $10,000.00 to be placed in line item 10-4305-3001-00 from the reserve line item 10-240-2501. At the request of one of the benefactors of the donated fiends, they earmarked the funds to be used for spay/neuter programs at the animal shelter. Approximately $250,000.00 has been earmarked for this purpose, It is the staff s recommendation that these funds be used each year to supplement local funding in support of the spay/neuter program. These funds will allow the shelter staff to achieve 100% spay and neuter of all adoptable animals. Currently, staff is able to spay and neuter 60% to 70% of the adoptable animals. The committee recommended to endorse the request for the supplemental appropriation in the amount of $10,000.00 and to forward the request to the Finance Committee for further consideration. Supervisor Bill Ewing recommended approval of the motion and was seconded by committee member Whit Wagner. The committee unanimously approved the motion. ***Items Not Requiring Action*** 1. Update on the New Stephenson Citizen Convenience Center (Replacement for Clearbrook Site) Funding for site development has been placed in the Refuse Collection budget in the amount of $540,000,00. Currently, the bid has been advertised and the bids are due on September 12, 2017. We plan to award project bid and begin site work by the end of September. Site development should be completed by the end of the year. 2. Update on Planned Maintenance Work at Greenwood Convenience Center Staff updated committee members on the planned maintenance improvements at the Greenwood Convenience Center. Staff will be repaving within the fenced area and providing a paved area just outside the fence to allow for snow removal improvements. We are also going to sand and repaint the hopper, fix any bad metal and check over the unit. Due to the maintenance, we are going to close the entire week of September 11, 2017. We have already posted the site with signs, informed the press and notifications have been sent to all social media outlets. We are diverting traffic to the Landfill Convenience Center which is about 2 '/s miles Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia away. All improvements are planned and funding was approved in the current budget. We anticipate improvements costing less than $25,000,00, 3. Miscellaneous Reports a. Tonnage Report (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) Public Works Committee/Landfill Oversight Committee Joint Items 1. Update on FY 2018 Landfill Projects Ron Kimble, Landfill Manager updated both committees on current and future projects planned during Fiscal Year 2018. In continuing efforts to improve security, several video cameras are being installed at strategic points around the site to monitor the site and provide surveillance. He discussed purchasing a tarping system to provide daily cover at the Landfill to reduce use of cover soils and achieve requested DEQ recommendations related to daily cover. Currently, staff is pursing the possible placement of additional gas collection systems to increase gas productivity at the Landfill Gas Power Plant, We are currently running the system at 75% to 80% capacity due to the lower gas volumes. Ron discussed our future MSW cell expansion, as well. We have already begun the development of MSW Cell, Phase 3, Cell A. We have in the budget an extensive rock blasting contract which will take place in early 2018, We will be developing a bid package over the next couple of months. 2. Presentation of Pro Forma Analysis and FY 2019 Budget Recommendations Over the past several months, SCS Engineers, a Frederick County Regional Landfill consultant, has been performing a budgetary analysis in reviewing the operations and budget for the landfill. This review will assist staff in developing the Fiscal Year 2019 budget and all future planning purposes at the landfill. I have attached the power point presentation that was used during the meeting. It was recommended that the information and presentation be forwarded to the Finance Committee. We will present the information at the next scheduled committee meeting on September 20, 2017. Recommendations regarding future tipping fees will be presented as well. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Thursday August 17, 2017 at 8:30 a.m., Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, Virginia. Committee members present were; Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Helen Lake and Chuck Torpy. Member Blaine Dunn was not present. Also in attendance were Fire and Rescue Chief Denny Linaburg, Major Steve Hawkins, Assistant County Attorney Erin Swisshelm, Fire and Rescue Association President Dan Cunningham, 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: ***Item Not Requiring Action*** 1. Fire & Rescue QA/QI Specialist Position Request Chief Linaburg discussed the need for a fulltime QA/QI position who would be tasked with maintaining data and reports that are necessary for the EMS licensing and operation. He stated that the technology and reporting requirements change often and a fulltime person from Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia the field who has knowledge of the department is needed to keep the system current and compliant. Chief Linaburg stated that right now, there is a career firefighter that has been doing this work part-time and the demands as of late are intensifying thus a reassignment of him to fulltime QA status is needed. Missi Neal, Administrative Assistant in the Fire and Rescue Department, stated that the department is just seeking the position and not the funding. Mr. Torpy made a motion to forward this request to the Human Resources Committee with a recommendation of approval of the position. Ms. Lake and Mr. Cunningham seconded the motion and majority of the Committee concurred. Mr. Lofton voted against the motion. 2. Fire & Rescue Service Study Update Chief Linaburg briefly updated the Committee on the status of the Fire and Rescue study. The process is about 60% complete and staff and the Committee will be meeting with the Fitch Corp. on August 30th, 3. Sheriff's Office Sheriff Millholland shared with the Committee his departmental needs for additional staffing in a number of different divisions, including the Criminal Investigation Division (CID). He shared with the Committee the various areas that the investigators work and the need to acquire 2 more investigators out of the patrol division to work CID. Sheriff Millholland is seeking direction from the Committee on proceeding with his request. Chairman Fisher requested that the Public Safety Committee meet next month where Sheriff Millholland will present more detailed information on his department's staffing needs. 4. Other Business Dan Cunningham, President of Fire and Rescue Association, mentioned that on September 1, a revised standard operating procedure based upon the Fair Labor Standards Act will be enforced. The FLSA provision prevents Frederick County career firefighters from volunteering operationally at Frederick County fire stations. At the previous Public Safety Committee meeting on June 15, 2017, Walt Cunningham brought up the need for an additional thoroughfare at the Blue Ridge Mobile Home Park off Berryville Pike, A few months back, the mobile home park suffered extensive storm damage to trailers and trees down across their only roadway thus denying access for rescue equipment and deputies to respond in a timely fashion. He mentioned that there should be consideration for adding an additional access point to this residential area. Next Meeting: Thursday September 21, 2017. Adjourn: The meeting was adjourned at 9:40 a.m. TRANSPORTATION COMMITTEE REPORT -- APPROVED - UNDER CONSENT AGENDA The Transportation Committee met on August 28, 2017 at 8:30 a.m. Members Present Gary Lofton Chairman (voting) Judith McCann -Slaughter (voting) James Racey (voting) Barry Schnoor voting) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Gary Oates (liaison PC) ***Items Not Requiring Action*** Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia f 1. Revenue Sharing Policy Update The Revenue Sharing Policy had significant changes which took place effective July, 2017 from the Commonwealth Transportation Board (CTB). The most significant is the reduction from $10 million to $5 million in funds on an annual basis. Also, another is the limit of $10 million per project. The CTB also changed the way Revenue Sharing allocations can be transferred between projects. Supervisor McCann -Slaughter asked for clarification about the deallocation process on surplus funds which have changed from 24 months to 6 months after a project is completed. VDOT verified that this is accurate. The cap of $10 million per project could impact Jubal Early Drive project if the cost estimate were to increase on that project. 2. SmartScale Program Update A major proposed change that was discussed is the reduction in the number of applications that a locality can apply for which has been reduced to a limit of four. This would be less than Frederick County has applied for in the past. The MPO and Regional Commission can add four (4) applications each on behalf of Frederick County. However, concern is that those regional groups compete with other localities for funds. Based on the past data, projects under $5 million are most likely to get funded. The Transportation Committee and the Board of Supervisors will have major decisions to make in the future as to what projects they would apply for. The CTB will act on this change at the next meeting. Also, another major change that was announced on Friday, August 25, 2017, was that projects that are proffered will not be eligible for funding. Staff asked for clarification on this issue at the next meeting. The Chairman asked committee members to give feedback to staff and the committee will be taking this item back up at their meeting in September for a recommendation to the Board of Supervisors. 3. VDOT Arterial Preservation Program On June 15, 2017 staff attended the VACO Transportation Steering Committee meeting at which Mr. Garrett Moore gave a presentation on VDOT's new Arterial Preservation Program. The VACO Transportation Steering Committee is a new committee but has been very active. The VDOT staff is working very hard on this program to the point of already implementing elements, even though it is still in the development stage. Mr. Terry Short, Planning Manager, VDOT Staunton District, discussed this program with the committee as is referenced by the attached presentation. In our area, this program impacts all the major roadways that have interchanges with I-81. With this renewed focus on arterial preservation, new accesses and intersections will receive significant scrutiny and new signals will have to be approved in Richmond while other intersection types or a signal removal would be approved locally, Mr. Bishop advised that this has potential to significantly impact project timelines for both public road projects and private developments. 4. Route 37/Shady Elm Access Management Discussion VDOT is currently working on a potential limited access break for a property next to the Route I I/Route 37 interchange. If this is implemented, this will create an additional access on the north side of Route 37 in Kernstown across from the interchange ramps. The County has been asked to weigh in on the process and perhaps even partner in revenue sharing with the developer of the parcel for the roadway improvements that would be needed for the new access. Impact studies have been done that shows needed improvements by the property owner. Staff noted that the MPO went through two rounds of study that analyzed the interchange between Route I 1 and Route 37 at Kernstown, as well as a potential interchange at Shady Elm Drive. Those studies did not support the interchange existing long term however, neither study was adopted by Frederick County. The property in question does currently have an access point with Commonwealth Court. The property is a by right development and can have the same use with or without break per VDOT. VDOT does not have an officially designed plan, only a conceptual design. There is a difference of opinions between the property owner and VDOT as to what improvements shown in the Applicant's TIA are required to support the break. The Applicant is expected to seek revenue sharing assistance on the portion that they do not agree is needed to offset the impact of the break. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 069 5, VACo Transportation Legislative Priorities Staff attended a VACo Transportation Steering Committee meeting on August 21, 2017. The topic at this meeting was to refine their legislative priorities for 2018. The major proposed change to the preliminary legislative program for 2018 was "including dedicated funding for Metro' into the first priorities. This focuses on the fact that SmartScale does not deal well with secondary funding. Since the drop in funding during the decades only with needs increasing. This change has greatly impacted the County. The next priority proposed change is revenue sharing from $15 million to $150 million through CTB. Staff noted that if the General Assembly implemented this change, then the power of the CTB, and whomever the current Secretary of Transportation is, would not be able to cut the program as easily as it has been recently cut. Staff noted that the program has already been cut from $150 million to $100 million and that the Secretary of Transportation had originally planned to take it much lower before the CTB listened to feedback from localities and stopped at $100 million. Staff noted the importance of the revenue sharing program to Frederick County and other localities like ours. The Chairman asked committee members to give feedback to staff and the committee will be taking this item back up at their meeting in September for a recommendation to the Board of Supervisors. 6. County Project Updates Snowden Bridge Boulevard: Recent heavy rains created some unexpected washing out on some of the shoulders on the roadway. Staff has coordinated with VDOT to address these issues, The resolution for adoption into the state system is expected to go before the Board of Supervisors on September 13, 2017 with tentatively scheduled for September 18, 2017 takeover by VDOT. A dedication ceremony will be scheduled soon after the VDOT takeover. Tevis Street Extension/Airport Road/1-81 Bridge: Bridge design is ongoing and draft environmental documents for VDOT have been received. Bridge design has exceeded 90% and is expected to be approved by early November, 2017 while 60% roundabout plan and 30% roundabout plans have been submitted to VDOT for comments and are expected to be approvable by February, 2018, The bids should go out soon after the approval in February, 2018. Renaissance Drive: TPOF agreements have been received from VDOT. Evaluating with the Board of Supervisors on the status of revenue sharing matching funds prior to beginning of design. Completing new project documentation for CSX through the County Attorney. The pending Carbaugh rezoning application also has potential to impact this project with proffers. Valley Mill Road Realignment: Private partner has reiterated a desire not to continue the project. Staff is looking into opportunities to transfer funds. This would come to the TC and Board for action. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants and noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following that, a meeting was held at which the agreement was discussed and staff is awaiting feedback from the Applicant. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 070 Other The Chairman deferred to the next meeting Items 7 & 8 on the agenda. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - PROPOSED ABANDONMENT OF PUBLIC ROAD — SECONDARY ROUTE 708 GOLD ORCHARD ROAD (PORTION) BY RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS, PASSED ON AUGUST 9, 2017, NOTICE IS HEREBY GIVEN THAT THE FREDERICK COUNTY BOARD OF SUPERVISORS INTENDS TO ABANDON A PORTION OF GOLD ORCHARD ROAD FROM 0.2 MILES NORTH OF CARPERS PIKE (ROUTE 259) UNTIL THE END OF STATE MAINTENANCE. ANY PERSON WHOSE PROPERTY ABUTS SUCH SECTION MAY FILE A PETITION WITH THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, REQUESTING A PUBLIC HEARING, 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 PUBLICHEARING ON THE PROPOSED ABANDONMENT AT 7:00 P.M. ON SEPTEMBER 13, 2017, IN THE BOARD OF SUPERVISORS MEETING ROOM, 107 NORTH KENT STREET, WINCHESTER, VIRGINIA, 22601. THIS NOTICE IS GIVEN ON THE 11TH DAY OF AUGUST, 2017, BY THE FREDERICK COUNTY BOARD OF SUPERVISORS. — (.RESOLUTION #019-17) - APPROVED Planning Director Mike Ruddy addressed the Board and presented this request. He stated that in April 2015, the Board of Supervisors held a public hearing and voted to abandon Gold Orchard Road (Route 708). He stated that staff was recently notified by VDOT that the language in the previous abandonment resolution for this road needed to be updated. He further stated that given the time that had passed, and in consultation with County Attorney Williams, a determination had been made to treat this as a new request to abandon the roadway. He stated that at the Board of Supervisors meeting held on August 9, 2017, the Board directed the posting of signage and advertisement of the intent to abandon the road section noted above. He went on to say that with the exception of an access where Gold Orchard Road connects to Carpers Pike, the property surrounding the entirety of Gold Orchard Road is owned by Mr. Cordell Watt who originally requested this abandonment to aid him in better securing his property. Supervisor Lofton asked if this would be deeded to the owner. Mr. Ruddy replied it is a prescriptive right-of-way to the property owner. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia W Upon a motion made by Supervisor Lofton, seconded by Supervisor Ewing, the road abandonment for a portion of Gold Orchard Road (Route 708) was approved. RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 13th day of September 2017, adopted the following: WHEREAS, a public notice was posted as prescribed under §33.2-909, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the Secondary System of State Highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road, and WHEREAS, after considering all evidence available, this Board is satisfied no public necessity exists for the continuance of the section of Secondary Route 708, Gold Orchard Road, from 0.02 mile north of Route 259, Carpers Pike, to 0.97 mile north of Route 259, Carpers Pike, and hereby deems this section of road is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the Secondary System of State Highways, pursuant to §33,2-909, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Administrator of the Virginia Department of Transportation, The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — 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, 4165-401.03. CONDITIONAL USES. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE SLAUGHTERHOUSES AS A CONDITIONAL USE IN THE RA (RURAL AREAS) ZONING DISTRICT. —APPROVED Planner Tyler Klein addressed the Board and presented this proposed amendment. He stated this was an amendment to Chapter 165 Zoning, to allow slaughterhouses in the RA (Rural Areas) Zoning District as a conditional use. He stated currently, the manufacturing of "meat products" was only allowed in the M2 (Industrial General) Zoning District as a by right use. He Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia W stated the amendment was proposed by an existing slaughterhouse operator/owner looking to expand or relocate their facility. He further stated that currently, they operate as a "legally non- conforming use." He stated that staff drafted a revision to the zoning ordinance to include a revised definition for slaughterhouses as well as supplemental use regulations that would correspond to the use; additional requirements could be added during the conditional use permit process as necessary. He went on to say that slaughterhouses are establishments primarily engaged in the slaughtering or processing of meats for human consumption or other related products. He stated the word "slaughterhouse" as used in the definition, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats, and fowl for their own use. He went on to say that 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 flan Rural Areas and Agribusiness Development sections. He stated the DRRC discussed this proposed amendment at their April 27, 2017 meeting and agreed with the proposed changes. He further stated the Board of Supervisors discussed this item at their July 12, 2017 meeting and generally agreed with the proposed changes. He stated the Planning Commission held a public hearing on August 2, 2017. He stated the primary discussion among the Planning Commission was in regard to disposal of non -useable waste, specifically animal scraps, which would be generated by a slaughterhouse operation. He further stated the applicants for the text amendment, Brooke Middleton (Gentle Harvest) and Christopher Damewood (Ayrshire Farm/Gentle Harvest), spoke in support of the proposed amendment and provided an overview of their slaughterhouse operation. He stated Mr. Middleton noted that all scraps/waste was taken off -site for conversion to compost which was used in fanning operations and also by Valley Proteins. He went on to say there were no public comments. Mr. Klein stated the Planning Commission recommended approval. He stated the applicant was present on behalf of the request. Supervisor Lofton asked if someone who killed their own deer and wanted to cut up deer for others, was that considered a slaughterhouse? Mr. Klein stated no, that would not be the case. If someone wanted to take deer to another property to be processed for their own consumption, that would be okay. He stated the difference between a slaughterhouse and self -processing, a slaughterhouse operation is more commercial in nature and is processed at a designated facility, whereas the slaughtering of deer Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 073 and other types of on -site use for your own consumption is not subject to any type of other health and code regulations. Supervisor Lofton asked if his neighbor were processing deer and he killed a deer and took it to his neighbor, he would not need to get a conditional use permit for that. Mr. Klein stated that was correct. Supervisor Lofton asked about the distance of 100 feet between the property line and any buildings; if that was standard as he did not feel that was far enough and asked how staff arrived at that number. Mr. Klein replied that there was not an industry standard. He stated staff looked at other localities as to how they approached set -backs, as well as looking at the County's zoning ordinance. He stated that because this was the standard already in the County's ordinance, they felt it was applicable to this use. He stated they could assign a further setback for the supplemental uses or an additional set -back could be assigned during the conditional use permit process. Supervisor Slaughter asked what regulatory agencies would provide oversight and would that be part of the conditional use permit. Mr. Klein replied that as part of the conditional use permit they would need to get comments from County reviewing agencies such as Public Works and Building Inspections and related entities such as the Virginia Department of Transportation and the Virginia Department of Health. He stated the Virginia Department of Health does have standards and he would let the applicants speak to other standards they adhere to as part of their operation. Supervisor Slaughter asked that if the Board allowed this use in a rural setting as part of the conditional use permit process, the transportation of the livestock to the processing plant, could be accommodated as part of the transportation infrastructure, Mr. Klein stated that as part of the conditional use permit process they would require comments from the Virginia Department of Transportation and the County Assistant Planning Director -Transportation would do a review as well of the desired site. Supervisor Dunn asked if this was passed with the 100 foot set -back designation, could the Board, in the future, change that during the conditional use process if they felt it was not appropriate. Mr, Klein stated that the supplemental use standard was a minimum of 100 feet and could Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 074 be changed during the conditional use permit process. Supervisor Dunn asked about the size of the facility and if the 20,000 square feet was double the existing facilities of current processors. Mr. Klein stated the current operation of the applicant was about 11,000 square feet. He stated that when staff was researching what other localities had in place, 20,000 square feet was their cap, and when they consulted the applicant, their desire was up to 20,000 square feet so staff felt that was an appropriate number. Chairman DeHaven stated that he wanted to clarify that what the Board was considering was an amendment to the ordinance and not a conditional use permit, but once a conditional use permit was approved, it would go with the land and the restrictions would stay as they were when it was approved. He stated that conditional use permits are approved on a case by case basis. Supervisor Lofton asked about the 20,000 square feet, and if that included the holding pens or just what was under roof? Mr. Klein stated it did include the holding pens as the supplemental use requirement stated that all holding pens and staging areas be under roof. Brooke Middleton, of Gentle Harvest addressed the Board on behalf of his request and introduced Larry Clark, CFO and Chris Damewood, Farm Manager, He stated their current facility was for their own livestock and in looking at the facility and site, they determined it would be more feasible to purchase a farm and build a facility that was state of the art and they hoped to buy a farm in the right place where this type facility is wanted in the community and would be an asset to the community. They wanted to be able to process their own livestock, as well as for the community. Supervisor Dunn asked if the primary purpose was for their own use and not to have livestock brought in from miles away. Mr. Middleton replied the primary purpose was for their own use and that it would be a local community facility to support the agricultural community. He stated they were DEQ and USDA regulated. Chairman DeHaven convened the public hearing. Paul Anderson, Frederick County Farm Bureau Board of Directors, addressed the Board and stated this was a great opportunity for agriculture. He stated a lot was happening in Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13fl7 County of Frederick, Virginia 075 agriculture that was going to make a lot of changes and anytime things could be brought into the area that supports agriculture, he felt that was important. He liked a conditional use permit better than a rezoning as it offered better control. He stated the Farm Bureau represents a majority of the farmers in the community and they were in support of this proposed ordinance amendment. There were no further comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the proposed ordinance amendment was approved. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE 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) was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on August 2, 2017; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on September 13, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE 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; to amend Chapter 165, Zoning - to allow slaughterhouses in the RA (Rural Areas) Zoning District requiring a conditional use permit (CUP). Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 076 Article 1 GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165-101.02. Definitions and Word Usage. SLAUGHTERHOUSES. Establishments primarily engaged in the slaughtering or processing of meats for human consumption or other related products. The word "slaughterhouse," as used in this definition shall not be construed to prohibit persons who are actually farmers from killing their own cattle sheep, swine, goats and fowl for their own family use. 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. A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, unless such place or establishment is maintained and operated in a clean and sanitary manner at all times. B. Such establishments shall be so constructed and maintained as to effectively control the entrance of insects and rodents. The doors, windows and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than fourteen -gauge mesh. C. The word "slaughterhouse," as used in this section, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use. D. All buildings, animal unloading/staging areas and animal pens shall be a minimum of 100 feetfrom all proverty lines. E. Total building(s) square footage should not exceed 20,000 square feet (SF) F. AN operations must be under roof and screened from view from adjoining properties and public streets. G. Additional buffering and screening may be re uired ass eci ied the Zoning Administrator. 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: A. Bed and Breakfasts, Farm Stay B. Country clubs, with or without banquet facilities. C. Manufacture or sale of feed and other farm supplies and equipment. D. Fruit packing plants, E. Off -premise farm markets. F. Off -premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels, Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia UM L. Petting farms. M. Television or radio stations. N. Motels. O. Auction houses. P. Campgrounds, tourist camps, recreation areas and resorts. Q. Commercial outdoor recreation, athletic or park facilities. R. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. S. Sawmills and plaining mills, Type B. T. Ambulance services. U. Retailing or wholesaling of nursery stock and related products. V. Landscape contracting businesses. W. Public garages without body repair, provided that the following conditions are met: (1)AII repair work shall take place entirely within an enclosed structure. (2)AII exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained, X. Public garages with body repair, provided that the following conditions are met: (1)All repair work shall take place entirely within an enclosed structure. (2)AII exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. Y. Sand, shale and clay mining, provided that the following conditions are met: (1)AII mining shall be above the mean, existing grade level of a parcel of land. (2)AII mining operations shall meet all applicable requirements of state and federal agencies. (3)Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Z. Cottage occupations (as defined). AA. Cottage occupation signs. BB. Veterinary office, clinic or hospital, including livestock services. CC. Day-care facilities. DD. Humanitarian aid organizational office. EE, Schools (with residential component). FF. Fruit and vegetable stands (SIC 5431). GG, Blacksmith shops (SIC 7699). HH. Farriers (SIC 7699). 11. Horseshoeing (SIC 7699). JJ. Taxidermists (SIC 7699). KK. Welding Repair (SIC 7692). LL. Flea Markets, Operated Indoors or Outdoors. MM. Treatment Home, NN. Special event facility. 00. Commercial shooting and archery ranges (indoor or outdoor). PP. Ice cream parlor or bakery. QQ. Craft and gift shops. RR. Offices and clinics of doctors of medicine, dentists and other health practitioners SS. Slauahterhouses. The above motion was approved by the following recorded vote: Charles S. Deflaven, Jr. Nay Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Absent OTHER PLANNING ITEMS DISCUSSION - COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) #01-17 SANDY'S MOBILE HOME COURT LLC SEWER AND WATER SERVICE AREA SWSA INCLUSION REQUEST. — PULLED FROM THE AGENDA AT THE REQUEST OF THE APPLICANT ROAD RESOLUTIONS - ROUND HILL CROSSING (RESOLUTION 9021-17) AND SNOWDEN BRIDGE (RESOLUTION 9022-17) — APPROVED UNDER Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 078 CONSENT AGENDA RESOLUTION (#021-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS ROUND HILL CROSSING — RETAIL BOULEVARD The Board of Supervisors of Frederick County, in regular meeting on the 13th day of September, 2017, adopted the following: WHEREAS, the streets described on the attached Form AM-43, 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. RESOLUTION (#022-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS SNOWDEN BRIDGE — SNOWDEN BRIDGE BOULEVARD The Board of Supervisors of Frederick County, in regular meeting on the 13th day of September, 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia 079 Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison Reports. CITIZEN COMMENTS Alan Morrison, Gainesboro District, addressed the Board and congratulated Kris Tierney on his appointment as County Administrator. He invited the Board to attend the birthday of the signing of the U.S. Constitution that was being held Sunday. He stated people need to know what it means. He stated the event was free and open to the public. BOARD OF SUPERVISORS COMMENTS Vice Chairman Fisher stated he read the resolutions for the retirees that were in the agenda and was amazed at the number of years of service. 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. (8:43 P.M.) Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kri C T' Clerk, oard of Supe -sors l n Minutes Prepared By: ] �u�15ck 'A , ' 6 ; C Cl Teresa J. Pri Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 09/13/17 County of Frederick, Virginia