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October 11 2017 Closed Session and Regular Meeting Minutesis A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, October 11, 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; Judith McCann -Slaughter and 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 Dunn, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (8) of the Code of Vir inia, 1950, as Amended, for consultation with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel; and pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 1950, as Amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real estate property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion made by Vice -Chairman Fisher, seconded by Supervisor 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 Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10111/17 County of Frederick, Virginia 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 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 Virginia, 1950, as Amended, and discussion of the acquisition of real property for a public purpose, and of the disposition of publicly held real estate property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 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 Aye The Board recessed until its regular meeting, 7:00 P.M. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Pastor Ross Halbersma of the New Hope Alliance Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Fisher led the fledge of Allegiance. ADOPTION OF AGENDA — APPROVED County Administrator Kris Tierney stated there were no changes to the agenda. Upon a motion made by . Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the 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 Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, the Board Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia r approved the following items under the consent agenda: - Correspondence from Virginia Association of Counties (VACo) Re: Voting Credentials for the Annual Business Meeting — Request to Designate County Administrator to Vote - Tab B; - Request to Approve Holding Two Rabies Clinics in 2018 - Tab C; - Human Resources Committee Report - Tab G; - Public Safety Committee Report - Tab H; - 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 Aye Kizzy Kane, addressed the Board with reference to the Subdivision Application of Freedom Crossing. She stated that when this original land was deeded in 1918, it contained 1.5 acres and was consistent up to when the last property heir passed in 1968. She stated the next heir that moved in started paying rent to an entity named Jasbo from 1970 until 1977 which was when a final deed was made containing only 1 acre, more or less, by a lady named Charlotte Carey who deeded the land to Jasbo. She further stated that after research, no one was familiar with a Charlotte Carey or the other heirs that were listed in reference to the original family. She stated there was a 20' easement that was removed from the property by Jasbo so Pine Townhomes community could be completed. She stated this was one example of many that she had on the crossroads and hoped to shed light on this in order to help families impacted by this and prevent further incorrect deed transfers for those that do not have the resources to defend themselves. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. COUNTY OFFICIALS COMMITTEE APPOINTMENTS DEPUTY COUNTY ADMINISTRATOR JAY E. TIBBS APPOINTED TO SERVE AS THE FREDERICK COUNTY REPRESENTATIVE ON THE OLD Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 1 DOMINION ASAP POLICY BOARD (ASAP) AND THE COMMUNITY CRIMINAL JUSTICE BOARD (CCJB)_- APPROVED Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, Deputy County Administrator Jay E. Tibbs was appointed to serve as the Frederick County representative on the Old Dominion ASAP Policy Board (ASAP) and the Community Criminal Justice Board (CCJB), filling the seat previously held by the County Administrator, said term to expire February 22, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PLANNING DIRECTOR MICHAEL T. RUDDY APPOINTED TO SERVE AS THE FREDERICK COUNTY ALTERNATE ON THE METROPOLITAN PLANNING ORGANIZATION (MPO) - APPROVED Upon a motion made by Supervisor Wells, seconded by Supervisor Lofton, Planning Director Michael T. Ruddy was appointed to serve as the Frederick County Alternate on the Metropolitan Planning Organization (MPO), filling the vacated seat due to the appointment of Kris Tierney as 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 Aye DEPUTY COUNTY ADMINISTRATOR JAY E. TIBBS APPOINTED TO SERVE AS THE FREDERICK COUNTY ALTERNATE ON THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (NSVRC) - APPROVED Upon a motion made by Supervisor Ewing, seconded by Vice Chairman Fisher, Deputy County Administrator Jay E. Tibbs was appointed to serve as the Frederick County Alternate on the Northern Shenandoah Valley Regional Commission (NSVRC), filling the vacated seat due to the appointment of Kris Tierney as County Administrator, said term to expire September 30, 2018. The above motion was approved by the following recorded vote: Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye DEPUTY COUNTY ADMINISTRATOR JAY E. TIBBS APPOINTED TO SERVE AS THE FREDERICK COUNTY ALTERNATE ON THE JUVENILE DETENTION CENTER COMMISSION- APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, Deputy County Administrator Jay E. Tibbs was appointed to serve as the Frederick County Alternate on the Juvenile Detention Center Commission, upon final approval by the Chief Judge of the Juvenile and Domestic Relations Court. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CAROLE FOX REAPPOINTED TO SERVE AS A FREDERICK COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, Carole Fox was reappointed to serve as a Frederick County representative on the Handley Regional Library Board for a four year term, said term to expire November 30, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye REGINALD K. SHIRLEY REAPPOINTED AS OPEQUON DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY BOARD OF ZONING APPEALS -APPROVED Upon a motion made by Supervisor Wells, seconded by Vice Chairman Fisher, Reginald K. Shirley was reappointed to serve as the Opequon District representative on the Frederick County Board of Zoning Appeals for a five year term, said term to expire Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia ;I R December 31, 2022, upon final approval by the Judge of the Circuit Court. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CORRESPONDENCE FROM VIRGINIA ASSOCIATION OF COUNTIES (VACO) RE: VOTING CREDENTIALS FOR THE ANNUAL BUSINESS MEETING - REQUEST TO DESIGNATE COUNTY ADMINISTRATOR TO VOTE — APPROVED UNDER CONSENT AGENDA REQUEST TO APPROVE HOLDING TWO RABIES CLINICS IN 2018 — APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED County Administrator Kris C. Tierney presented the Parks and Recreation Commission Report. The Parks and Recreation Commission met on September 19, 2017. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Amy Strosnider and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Charles Sandy, Jr. Items Reguirin:r Board of Supervisors Action: 1. Frederick Water Easement Request - The Buildings and Grounds Committee recommended approval of the Frederick Water easement request as submitted, second by Ms. Natalie Gerometta, motion carried unanimously (7-0). Public hearing is needed to grant this easement. — Approved to Forward to Public Hearing. County Administrator Kris Tierney stated the purpose of the Frederick Water Easement request was to erect a water tank and this request would require a public hearing. Upon a motion made by Supervisor Wells, seconded by Supervisor Lofton, the Board forwarded the above request 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 Aye Submitted for Board Information Only: None. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 086 FINANCE COMMITTEE REPORT - APPROVED Supervisor Slaughter presented the Finance Committee Report. A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, September 20, 2017 at 8:00 a.m. All members were present. Items 5, 6, and 7 were approved under consent agenda. Items 2, 9, 10, 11, 12, 14, and 17 require no action. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, Items 5, 6, and 7 were approved under the consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 1. Shenandoah Valley Community Residences, Inc. requests real property tax exemption. See attached application and Code of Virginia Tax Exempt Property, p. 4 — 37. The committee recommends approval of the exemption. An ordinance amendment is required to reflect the change, draft attached, p. 38 -- 40. A public hearing is required on the ordinance amendment. - Denied Supervisor Slaughter noted that not all Finance Committee members were in agreement. Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, to forward the above request to public hearing. The above motion was denied by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Nay Bill M. Ewing Nay Gene E. Fisher Nay Gary A. Lofton Nay Judith McCann -Slaughter Nay Robert W, Wells Nay 2. Presentation by SCS Engineers of Pro Forma Analysis and FY 2019 budget recommendations for the Frederick County Regional Landfill. This item has been forwarded by the Landfill Oversight Committee. No action required, — No Action Taken. 3. The Public Works Director requests a General Fund supplemental appropriation in amount of $50,000. This amount represents funds donated to the Frederick County Esther Boyd Animal Shelter and will be used for the engineering and architectural services to develop a site plan and architectural plans for a building addition at the shelter. No local funds required. This item was approved by the Public Works Committee. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 087 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 4. The Public Works Director requests a General Fund supplemental appropriation in the amount of $10,000. This amount represents funds donated to the Frederick County Esther Boyd Animal Shelter and will be used to expand the existing spay/neuter program. No local funds required. This item was approved by the Public Works Committee. 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 Robert W. Wells Aye 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $4,354.45. This amount represents an auto claim reimbursement. No local funds required. — Approved Under Consent Agenda. 6. The Shawneeland Manager requests a Shawneeland Fund supplemental appropriation in the amount of $13,692.56. This amount represents an auto claim reimbursement. No local funds required. - Approved Under Consent Agenda, 7. The Superintendent of Parks requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents a carry forward of unspent FY 2017 funds to be used for the installation of a fire hydrant at the Sherando Park maintenance facility. - Approved. Under Consent Agenda, 8. Discussion is requested on committee and commission compensation. The committee recommends the changes as presented. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the above was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 9. The committee will continue discussion on the airplane tax rate. The committee requested continued discussion at the next committee meeting. — No Action Taken. 10. The committee will continue discussion on real property tax relief. The committee concluded discussions on the topic. — Approved to Forward Technical Code Amendments to Public Hearing Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia !:' technical code amendments were approved to 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 Aye 11. The Finance Director presents FY 2017 Year End financial information. No action required. — No Action Taken, 12. The FCPS Finance Director provides FY 2017 Year End financial information and is available for discussion. No action required. — No Action Taken. 13. The FCPS Finance Director requests School Operating Fund and General Fund supplemental appropriations in the amount of $285,003.55. This amount represents grant funds received during FY 2017 for specific purposes. The committee recommends approval. — Approved. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 14. The FOPS Finance Director requests School Operating Fund and General Fund supplemental appropriations in the amount of $997,264.55. This amount represents unspent FY 2017 funds to be spent on buses. Local funds are required, The committee postpones the request awaiting further information. — No Action Taken. 15. The FCPS Finance Director requests School Operating Fund supplemental appropriation in the amount of $502,498.66. This amount represents the FY 2018 Preschool Expansion Grant. No local funds are required. The committee recommends approval. - Denied Supervisor Ewing asked when the grant runs out, if the county was obligated to continue. School Finance Director Patty Camery replied there were no strings attached after the program runs out. Supervisor Ewing asked if there were any School Board discussions to continue this program. Ms. Camery replied not at this time. Vice Chairman Fisher stated this would be hard to stop once the grant runs out. Ms. Camery stated there was nothing to say Federal funding would not continue. She Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 089 stated she could not address about the program being continued when the grant runs out. Supervisor Ewing asked if this was for PreK. Ms. Camery replied yes. Supervisor Slaughter asked if the program had already started. Ms. Camery replied yes. Supervisor Lofton stated he was not in favor of this, that once these grant funded programs start, they are rarely stopped. Supervisor Dunn stated he had the same concerns as Supervisor Lofton, He stated this would be hard to stop. He encouraged the Board to vote no. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the above request was denied by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill M. Ewing Nay Gene E. Fisher Nay Gary A. Lofton Nay Judith McCann -Slaughter Nay Robert W. Wells Aye 16. The FCPS Finance Director requests School Operating Fund supplemental appropriation in the amount of $100,000_ This amount represents a grant award from the National Oceanic and Atmospheric Administration. No local funds are required. The committee recommends approval. - Approved Supervisor Ewing asked if this was one time funding and that it would not continue. Ms. Camery replied it was a two year grant that ran out last year and that there was money to redistribute. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved by the following recorded vote Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 17. The Finance Director provides updated debt service information reflecting the $27 million for the 12th elementary school, and is available for discussion. No action required. — No Action Taken. Information Only 1. The Finance Director provides a Fund 10 Transfer Report for August 2017. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia we 2.The Finance Director provides financial statements ending August 31, 2017. 3. The Finance Director provides an FY 2018 Fund Balance Report ending September 14, 2017 TRANSPORATION COMMITTEE REPORT - APPROVED Assistant Planning Director -Transportation John Bishop presented the Transportation Committee report. The Transportation Committee met on September 25, 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) Kevin Kenney (liaison PC) Members Absent Mark Davis (liaison Middletown) Lewis Boyer (liaison Stephens City) ***Items Requiring Action*** 1, Kernstown Limited Access Break A. Request for Limited Access Break - Approved The owner of the subject property, which is located on the northeast quadrant of the Interchange between Route 37 and Route 11 in Kernstown, is seeking a break in the VDOT limited access line immediately across from the interchange ramp. The Applicant has been working with VDOT to make the limited access break work. To date, they have had a Traffic Impact Analysis (TIA) done. The TIA has graphic detail of what needs to be completed for this limited access to work. The Applicant is seeking concurrence from the County in the form of a letter or resolution from the Board of Supervisors (BOS) to be forwarded to the Commonwealth Transportation Board (CTB). The CTB grants the limited access breaks upon recommendations of VDOT, agreements to develop between VDOT and the Applicant, and the concurrence from the County. The pros based on the study are that the limited access break will give an alternative way of entrance/exit onto Commonwealth Court via direct access to Route 37 ramps. Also, this request is consistent with the Comprehensive Plan. The cons are the additional traffic, this is even with improvements. The representatives of the Applicant were present to address concerns that the Committee had on the improvements. Ms. McCann -Slaughter and Mr. Fisher requested larger scale copies with the improvements to review prior to the Board of Supervisors meeting. On a motion by Mr. Racey that was seconded by Mr. Schnoor, the Committee passed unanimously to recommend to forward the item to Board of Supervisors to adopt a resolution of support contingent on all improvements being implemented. Mr. Bishop stated this was a two part item with the first being the resolution of support to be sent to the Commonwealth Transportation Board for the limited access break at Kernstown between Route 37 and Route 11, and the second part was the request to apply for Revenue Sharing for the project. Supervisor Slaughter asked that in the Revenue Sharing Agreement, paragraph 2b where it references paragraph 4b, who would bear the costs if they exceed the $50,000. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia Q411 1 Mr. Bishop replied that staff is still working with the County Attorney on the agreement and at this point, the request was just the ability to apply for the funds. Mr. Michael Coughlin, Attorney, was present on behalf of his applicant, Winchester-81, LLC. He stated this would be a benefit to this area as it would be a better traffic situation, it would help advance economic development, and it was a good deal for everyone. He stated the revised draft agreement eliminates any cap and there would be no cost to the County. Supervisor Dunn asked if there were any oppositions or concerns. Mr. Coughlin replied that in any transportation project there were always concerns. He stated he believed the concerns were addressed and any issues were minor. He stated there was never a definite "no". Supervisor Slaughter asked about the draft agreement. Mr. Coughlin replied the Revenue Sharing Agreement is straight forward. He stated that VDOT handles the project and that funding by the client would be committed before any access would be allowed by the Commonwealth Transportation Board. Supervisor Lofton referred to the map and stated that Commonwealth Transportation Board support depends on certain things happening. He stated County support depends on all the improvements happening. Mr. Bishop replied yes, staff did not want the Board to be in a position of things changing. Upon a motion made by Supervisor Lofton, seconded by Supervisor Ewing, the resolution of support for the Kernstown Limited Access Break with configuration being implemented as discussed was approved. FREDERICK COUNTY BOARD OF SUPERVISORS A RESOLUTION (9023-17) TO SUPPORT AN APPLICATION TO THE COMMONWEALTH TRANSPORTATION BOARD FOR A LIMITED ACCESS BREAK ON VALLEY PIKE/ROUTE 11 (Immediately west of the interchange ramp from westbound Route 37 to Route 11) WHEREAS, Winchester 81, LLC (Owner) is the owner of Tax Map Parcel Numbers 75-A-10A, 75-A-10B, 75-A-10C, and 75-A-101); and WHEREAS, the Owner plans to make an Application to the Commonwealth Transportation Board (CTB) for a limited access break on Valley Pike (Route 11); and WHEREAS, the improvements depicted on the attached map, in addition to signalization Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 092 upgrades, will be implemented upon approval of the access break by the Commonwealth Transportation Board; and WHEREAS, those improvements involve the following: A. Addition of one lane, median and access management on southbound Route 11 from Commonwealth Court to the Route 37 westbound interchange; B. Restriping of Route 11 northbound consistent with the exhibit; C. Addition of northbound right turn lane at site entrance; D. Lane addition to the Route 37 westbound to Route 11 exit ramp; E. Signalization upgrades to the intersection of Route 11 and Route 37 westbound ramp; and F. Any additional items not shown that may be required during design to meet VDOT Standards. WHEREAS, the Board believes that additional access at this point will provide a net benefit for the citizens of Frederick; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors on this l Id' day of October 2017, that it be and hereby does express its support for the application to the Commonwealth Transportation Board, subject to the items detailed above and by attachment, for a limited access break on Route 11. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye B. Request for Revenue Sharing - Approved Included in the above request is a request from the Applicant for the County to apply for Revenue Sharing on their behalf. A draft revenue sharing agreement is being reviewed by the County Attorney, The cost estimate provided by VDOT as the management agency for the project will be verified by VDOT for the cost estimate to their standards. It was noted that the project will be backed up with a bond. Also, it is noted the County is in the bi-annual process for Revenue Sharing, there are no other competing applications to date. On a motion by Mr. Fisher and seconded by Mr. Racey, the Committee passed unanimously that this item be forwarded to the Board of Supervisors for recommendation. Supervisor Dunn asked about the $50,000 and overruns. Mr. Bishop stated there was agreement through discussion that any cost overruns would be paid by the applicant. Supervisor Dunn asked what if this did not go through. Vice Chairman Fisher stated this area would become further congested. Mr. Bishop replied yes, this was a challenged area. Supervisor Lofton stated the Board was not voting on the Revenue Sharing Agreement, the Board was only voting on allowing staff to apply and that if approved, the agreement would Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 09u come before the Board. Mr. Bishop stated that was correct. Supervisor Lofton stated that if the Board waited, this would be delayed for two years. Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, the application for Revenue Sharing for the Kernstown Project was approved. A RESOLUTION (#024-17) FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA AS AN ENDORSEMENT OF THE ROUTE 11 SOUTH KERNSTOWN REVENUE SHARING PROJECT WHEREAS, Frederick County Board of Supervisors, desires to submit an application for an allocation of funds of up to $850,500.00 through the Virginia Department of Transportation Fiscal Year 2019-2020, Revenue Sharing Program; and, WHEREAS, $850,500.00 of these funds are requested to fund intersection improvements, widening, access management, and restriping, between Commonwealth Court and Route 37; and, WHEREAS, The Frederick County Board of Supervisors hereby supports this application for an allocation of $850,500.00 through the Virginia Department of Transportation Fiscal year 2019- 2020 Revenue Sharing Program, NOW, THEREFORE, BE IT RESOLVED, that the Council/Board of Supervisors of the City/Town/County of Frederick hereby commits to fund its local share of preliminary engineering, right-of-way and construction (as applicable) of the project(s) under agreement with the Virginia Department of Transportation in accordance with the project financial document(s). BE IT FURTHER RESOLVED, that the County Administrator Kris Tierney is authorized to execute all agreements and/or addendums for any approved project with the Virginia Department of Transportation. The above was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. SmartScale Program Update — Staff Approved to Comment to Commonwealth Transportation Board At the August 2017 meeting of the Transportation Committee, the SmartScale application Process was discussed. The Commonwealth Transportation Board (CTB) will be meeting in October and Staff is looking for direction for comments to be directed to the CTB at that meeting. Staff concerns are as follows: • The reduced number of applications that the County can apply for which is four (4). The MPO and Regional Commission each also can do 4 applications which the County, and other regional localities, can potentially access. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 094 • Per the presentation more changes could be presented to the CTB for action without the opportunity for localities to render further input. • Congestion -Current Day Demands vs. Forecasted Demands; Good for current needs but not supportive of long range planning. • To receive points for being consistent with local planning, the project must be specifically referenced in the Comprehensive Plan or regional economic development strategy, • Project Readiness, analysis needs to be completed. This can cause localities to shoulder the burden of often expensive technical studies which will now be required as part of certain projects. The deadline to submit comments on the draft SmartScale Technical Guide is by October 20, 2017. By consensus the Committee forwarded this item to the Board for review and consideration of whether to direct Staff to comment on these items to the Commonwealth Transportation Board. Mr. Bishop stated there was concern about the reduction in how many projects the county could apply for. He stated there were concerns as Frederick County was not the only locality vying for funds and that VDOT was still working on changes. He stated congestion, the impact on localities, and project readiness were factors. less. Supervisor Dunn asked how to address both small and large projects. Mr. Bishop replied there was a built-in bias to smaller projects, typically $5 million or Chairman DeHaven asked how to address the Commonwealth Transportation Board. Mr. Bishop replied by letter to the Commonwealth Transportation Board from the County Administrator or the Chairman of the Board of Supervisors. Upon a motion made by Supervisors Lofton, seconded by Vice Chairman Fisher, staff comment to the Commonwealth Transportation Board about the changes to the SmartScale Program as outlined was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 4. Transportation Partnership Opportunity Fund -Agreement Execution - Approved The Transportation Partnership Opportunity Fund (TPOF) Grant has been awarded in the amount of $2,000,000,00 for the Renaissance Drive project. This is a reimbursement grant. All Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 095 the Revenue Sharing funds will need to be used on this project before the TPOF funds awarded are used. Motion by Mr. Racey and seconded by Mr. Schnoor to recommend that the Board of Supervisors approve execution of the agreement. Mr. Bishop stated this was a $2,000,000 agreement for the Renaissance Drive project and the agreement needed to be executed before the change in administrations. Supervisor Lofton stated this roadway was sorely needed. He stated that all proffers and private monies must be spent before the TPOF money is given and we were not obligated to take the money. County Administrator Tierney stated Supervisor Lofton covered it and there were a lot of pieces to the puzzle. He stated the opportunity would be lost if we did not execute the agreement. He stated if the pieces were not in place, then we do not have to use the money, but we would have to give the money back and the project would die. Supervisor Slaughter asked about cost overruns as there were always overruns. Mr. Bishop replied previous projects have always been under cost estimates, but there is always a first. County Administrator Tierney stated there was no guarantee, we have to move forward or scrap it. Supervisor Dunn asked what if we stop before the project is completed. Mr. Tierney replied that all local generated money has to be spent before we could touch the $2 million. He stated that if the plug was pulled, we would have to return any money that was spent by the state. Supervisor Lofton stated this was a reimbursement grant and he felt there were enough safeguards in place. Supervisor Dunn stated he was in support of this. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the execution of the Transportation Partnership Opportunity Fund (TPOF) Agreement 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 Nay Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia N Robert W. Wells Nay 5. Transportation Partnership Opportunity Fund Application - Approved VDOT and Staff have been working closely with Navy Federal Credit Union regarding desired upgrades to the intersection of Route 50 and Independence Drive. VDOT is reviewing the Traffic Impact Analysis (TIA) to develop alternatives and cost estimates. Navy Federal Credit Union (NFCU) has reached out to the Governor's office for support, which is the reason for the TPOR A `backstop" agreement is in place to protect the County from any financial liability on this project. On a motion by Ms. McCann -Slaughter and seconded by Mr. Racey the Committee recommended to forward to the Board of Supervisors to apply for funding under the TPOF. Mr. Bishop stated this was a request to apply for Transportation Partnership Opportunity Funds (TPOF) for the upgrades to the intersection of Route 50 and Independence Drive and that Navy Federal Credit would pay excess costs. Tim Merkel with Navy Federal Credit addressed the Board and stated this was for upgrades to the intersection of Route 50 and Independence Drive with upgrades to signalization, widening and re -striping of the road, lane extensions and drainage. He stated that Navy Federal Credit was doing the design and construction and they were still working on details of the "backstop" agreement. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Wells, the request to apply for Transportation Partnership Opportunity Funds (TPOF) was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 9. Valley Mill Road Revenue Sharing Fund Transfer — Approved to Transfer Funds to I-81/Airport Road Project Staff recommends that the funds for Valley Mill Road, which is a private agreement with County be transferred. This project is 30% completed. The private partner had responded that they did not want to move forward with the project. Staff suggested that the funds be transferred between Bridge Construction and the Airport Road Extension at Heritage Commons. The total amount of VDOT funds to be transferred is $3,559,814.32. Motion by Mr. Fisher and seconded by Ms. McCann -Slaughter to recommend approval to the Board of Supervisors. Mr. Bishop stated the private partner did not want to continue this project and he was requesting that the Revenue Sharing funds be transferred to the I-81/Airport Road project. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 097 Supervisor Dunn asked about the one lane bridge on Valley Mill Road. Mr. Bishop replied the road needed to remain until the realignment came through. He stated the Board would need to submit a new application for funds should this project come back in the future. Upon a motion made by Supervisor Lofton, seconded by Supervisor Slaughter, the request to transfer Revenue Sharing monies in the amount of $3,559,814.32 to the I-81/Airport Road project was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ***Items Not Requiring Action*** 3. VACO Legislative Priorities It was noted that any comments would be directed to the VACO Transportation Subcommittee. The VACO Legislative priorities are broken into two (2) parts: Priorities and Positions. Staff has reviewed the VACO legislative three (3) Priorities and is in much support of those items but under Positions, Highway Tolls and Parking Staff is not in support. Also, note that when the Board of Supervisors is working on the Legislative Agenda this could be used as a guide to incorporate information. By consensus the Committee opted not to forward comments to the VACO Transportation Subcommittee at this time. 6. Request for 4-way Stop at the Intersection of Dragonfly Way and Eleven Moons Place Chairman Lofton received an online request from a citizen for an upgrade of the intersection of Dragonfly Way and Eleven Moons Place within the Meadows Edge Subdivision for a 4-way stop. By consensus, the Committee chose to forward this recommendation to VDOT. 7. Fall Transportation Forum Discussion The Fall Transportation Forum themes to date that have been discussed have been the transportation funding and I-81. The Committee recommended that Staff add Route 50 west corridor and design standards for the Staunton District, 8. VTRANS 2040 Staff commented on the important key points of the VTRANS 2040 that is part of SmartScale application as gate keeper. Also, noted was that it is a study done in detail but under estimated the amount of truck traffic on 1-81 is underdetermined for the area. VDOT presented a slide for the MPO on this issue. The Committee suggested that in comments for the corridor rail be discussed as well. 10. County Project Updates Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia BE Snowden Bridge Boulevard: The roadway is open to traffic and Staff is beginning project final close out. Tevis Street Extension/Airport Road/I-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, while 60% roundabout plans have been submitted for review. Renaissance Drive: TPOF agreements have been received from VDOT. Staff is seeking authorization to execute the TPOF agreements. Completing new project documentation for CSX through the County Attorney. The pending Carbaugh rezoning application also has potential to impact this project with matching funds for revenue sharing. Initial proffers have been reviewed and commented on and Staff is awaiting a new draft. Valley Mill Road Realignment: Private partner has reiterated a desire not to continue the project. Staff is considering opportunities to transfer funds. This would come to the TC and Board of Supervisors for action. Item submitted earlier in this agenda. Coverstone Drive: No activity at this time. Juba] Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants noting 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. 11. Upcoming Agenda Items October/November Eastern Road Plan Update Secondary Fund Allocation CTB Fall Public Meeting-October10, 2017 November/December Oakdale Crossing Traffic Study Freight Panel 12.Other HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, September 8, 2017, HR Committee members present were: Supervisors Bill M. Ewing, Chairman; Robert W. Wells and Blaine Dunn; Citizen Members Don Butler and Dorrie Greene. Others present were: Kris Tierney, Interim County Administrator; Rod Williams, County Attorney; Cheryl Shiffler, Director of Finance; Ellen Murphy, Commissioner of the Revenue; Jane Anderson, Chief Deputy Commissioner of the Revenue; Dennis Linaburg, Fire Chief; Missi Neal, Assistant to Chief Linaburg; Justin Caldwell, F&R Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 099 Specialist; Michelle Nugent, Network Operations Manager; and Brett Farmer, Database Administrator/Developer. ***Items Requiring Board Action*** 1. Commissioner of the Revenue - Request for New Full -Time Position The Committee reviewed the request to add one full-time position to Frederick County's Allocation Chart for the Commissioner of the Revenue. Upon a motion by Don Butler, seconded by Dorrie Greene, the Committee recommended approval of the position to the Board of Supervisors with the funding request to go to the Finance Committee. ***Items Not Requiring Action*** 1. Fire and Rescue- Request for New Full -Time Position The committee determined that since Fire and Rescue currently has a Quality Assurance Manager Position approved on Frederick County's Allocation Chart; therefore, no action was required of the Committee. 2. Resolution of Appreciation (Status Update) The Resolution of Appreciation for seven full-time employees who retired from Frederick County with at least 25 years of continuous service between January 1, 2017 and July 1, 2017 will be added to the Board of Supervisors Agenda for the September 13, 2017 meeting as a consent item. Once approved, the retirees will be contacted and invited to attend an upcoming Board of Supervisors meeting to be recognized and presented with a Resolution of Appreciation. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, October 13, 2017 at 8,00 am. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Thursday September 21, 2017 at 8:30 am at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, Virginia. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Blaine Dunn, Helen Lake and Chuck Torpy, Member Walt Cunningham was not present. Also in attendance were Major Steve Hawkins, Deputy Chief Larry Oliver, Director of Communications LeeAnna Pyles, Assistant County Attorney Erin Swisshelm, Deputy County Administrator 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. Presentation of Manpower Needs for the Sheriffs Office and Request for Additional Positions Sheriff Millholland gave a comprehensive overview not his department's need for additional staffing. The Sheriffs presentation focused on the Compensation Board's staffing standards as well as the workload of current personnel. At the present time, the Compensation Board states the department is due 13 deputies; however, Frederick County is 9t` on the list of localities to receive funding. Sheriff Millholland requested funding for 3 of the 11 positions previously approved by the County's HR Committee. The three positions would be 1 Deputy I, 1 Deputy IT, and 1 Investigator. Mr. Torpy made a motion to approve the request and forwarded this recommendation to the Finance Committee for funding in the current fiscal year. Ms. Lake seconded the motion and the Committee unanimously approved the request. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia M 2. Other Business Chairman Fisher shared his concerns about the speed of traffic on major roadways (e.g. Rt.50, Rt. 522, etc.) and the safety of the officers issuing speeding tickets to drivers. He suggested the possible use of speed cameras vs, radar, higher fines for drivers or any other ways to deter this dangerous driving and ensure safety to all. Sheriff Millholland stated that he and Assistant County Attorney Erin Swisshelm would look into possible ideas and advise the Committee of some potential solutions. Major Hawkins mentioned that the Valor Awards are being held on November 2nd at the Lee Jackson at 6 p.m. This recognizes law enforcement, firelrescue, personnel, and citizens who have gone above and beyond to ensure the safety of others. Next Meeting: Thursday November 16, 2017 (presentation of Public Safety Departments' FY19 budget) Adjourn: The meeting was adjourned at 10.00 a.m. PUBLIC HEARING PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 89 FIRE AND RESCUE SERVICES; ARTICLE IV CHECKS NECESSARY TO APPROVE VOLUNTEER FIRE AND RESCUE MEMBERS. - APPROVED County Attorney Rod Williams presented this proposed ordinance amendment. 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 Supervisor Ewing, the proposed ordinance amendment was approved. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 89- 12 (Volunteer Fire Fighter and Rescue Members) of Article IV (Volunteer Membership) of Chapter 89 (Fire and Rescue Services) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (additions are shown in bold underline): § 89-12. Volunteer fire fighter and rescue members. A. Any person, 18 years of age or older, is eligible for membership in a company as a regular member. Persons must apply and be accepted by the company to which application is made according to its rules and regulations, the rules and regulations of the company, and state law. Participation by members must be in accordance with the company rules and regulations and state law. B. Applicants for membership shall be subject to a background check. Applications for membership shall require, for the background check, the submission of fingerprints and personal descriptive information, to be processed in accordance with the following: 1. Any person who applies to be a volunteer with a company shall submit fingerprints and provide personal descriptive information to be sent directly Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 101 by the Department to (i) the State Board of Health to be forwarded by Central Criminal Records Exchan a to the Federal Bureau of Investigation or (ill the Central Criminal Records Exchange to then be forwarded to the Federal Bureau of Investiaation, in either case for the purpose of obtaining criminal history records information for the applicant, in accordance with Code of Virginia & 32.1-111.5. 2. Upon recci t of the results of the state and national criminal history records search, the Department Chief, as designee of the County Administrator, shall notify the Office of Emergency Medical Services regarding the applicant's eligibility to serve as a volunteer. 3. Information provided to the Office of Emergency Medical Services shall be limited to notification as to whether the applicant is eligible to serve as a volunteer in accordance with requirements related to disqualifying offenses set forth in regulations of the State Board of Health, and shall not include information regarding whether the applicant has been found ineligible to serve as a volunteer due to any additional exclusionary criteria established by the County. This section is in accordance with the Code of Virginia, 1950 as amended 15.2- 1503.1,19.2-389, and 32.1-111.5. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK County Attorney Rod Williams presented this proposed ordinance amendment. He stated there were already some measures in place to recover costs and this was additional local legislation that would allow the County to recover costs. 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 Supervisor Lofton, the proposed ordinance amendment was approved. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 122- 11 (Methamphetamine Lab Cleanup and Removal; Responsibility for Costs; Determination of Amount) of Chapter 122 (Nuisances) of the Code of Frederick County, Virginia be, and the same hereby is, enacted as follows: Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 102 § 122-11. Methamphetamine Lab Cleanup and Removal; Responsibility for Costs; Determination of Amount. Any person who is convicted of an offense for manufacture of methamphetamine pursuant to Virginia Code § 18.2-248 or 18.2-248.03 shall be liable, at the time of sentencing or in a separate civil action, to the County, the Sheriff, or any other law enforcement entity for the expense in cleaning up any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses associated with cleanup, removal, or repair of the affected property or the replacement cost of personal protective equipment used. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION; ARTICLE I GENERAL PROVISIONS; SECTION 155-3, TAX RETURNS; FAILURE TO FILE. THE PROPOSED AMENDMENTS ARE TECHNICAL AMENDMENTS TO THE PROVISION GOVERNING PERSONAL PROPERTY TAX RETURN FILINGS REGARDING MOBILE HOMES AND TO ESTABLISH A UNIFORM FILING DEADLINE OF MARCH 1 FOR PERSONAL PROPERTY RETURNS. - APPROVED County Attorney Rod Williams presented this proposed ordinance amendment. He stated there were two primary changes. He stated one was the filing requirement for mobile homes. He stated the other change was to move the tax reporting deadline. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Supervisor Slaughter asked about taxable business personal property and stated she had concerns about corporations that file tax returns, and if the filing date was changed, the accountants would not have that additional time. Commissioner of the Revenue Ellen Murphy addressed the Board and stated that accountants can let her office know if there were any changes, there would not be a penalty. She further stated that most businesses can see online what they had the previous year, that the process is more efficient now and the change would give staff more time. Supervisor Dunn asked that this be publicized well so the public would be aware. Upon a motion made by Supervisor Dunn, seconded by Supervisor Wells, the proposed Minute Hook Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 10%2 ordinance amendment was approved. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155- 3 (Tax returns; failure to file) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-3 (Tax returns; failure to file) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions are shown in bold-stFikethr- and additions are shown in bold underline): § 155-3. Tax returns; failure to file. A. The annual return of taxable tangible personal property for any motor vehicle, trailer, airplane, boat, and mobile homes-€ew in the County shall be filed with the Commissioner of Revenue for the County on or before the 15th day of February of each year, except as stated in Subsections D and E; provided, further, that the annual return of taxable personal property for any motor vehicle, trailer, airplane., e--boat, and mobile home acquired after January 1 shall be filed with the Commissioner of Revenue en or before the l5th d*y of FebFuer-y of eaeb year - of within 60 days from the date of acquisition or situs in the County, .•.►.,.h, ver � � Each return shall be signed by the owner of the property. If the property is owned by an association, partnership, limited liability company, or corporation, the return shall be signed by a member, partner, executive officer, or other person specifically authorized in writing by the association, partnership, limited liability company, or corporation to sign. B. The annual return of taxable machinery and tools, and of taxable business tangible personal property employed in a business or trade for in the County as of January 1 shall be filed with the Commissioner of Revenue for the County on or before the fit# 1st day of March of each year; provided, further, that the annual return of taxable machinery and tools, furniture and fliEtur .., and of taxable business tangible personal property acquired after January 1 shall be filed with the Commissioner of Revenue on or before the 4&k 1st day of March of each -the following year or within 60 days from the date of aayu.aaivu, situs in the County, `•'hi,eheve ,• late �.,, .. �:.ti�r. Each return shall be signed by the owner of the property. If the property is owned by an association, partnership, limited liability company, or corporation, the return shall be signed by a member, partner, executive officer, or other person specifically authorized in writing by the association, partnership, limited liability company, or corporation to sign. C. A penalty for failure to file such return as required by this section shall be assessed as follows: (1) As to a return required by subsection A, at the rate of 10% of the tax assessable or due on such property, provided that such penalty shall not be less than a minimum of $2 and shall not be more than a maximum of $50; and (2) As to a return required by subsection B, at the rate of 10% of the tax assessable or due on such property or $2, whichever shall be the greater. D. Notwithstanding the provisions of § 155-3A, Frederick County provides for an alternative method of filing personal property tax returns for motor vehicles, trailers and boats. Such motor vehicles, trailers and boats may be assessed annually based on a previous personal property tax return filed by the owner or owners of such property. For those whose name or address has not changed since a previous filing and whose personal property has had no change in status or situs, the assessment and taxation of property shall be based on a personal property tax return previously filed with Frederick County, which hereby adopts this alternative method of filing. Personal property tax returns for mobile_ homes must however, be filed annually, even if no change occurs. E. Such owner or owners of motor vehicles, trailers, a-n+boats, and mobile homes must file a new personal property tax return whenever there is: (1) A change in the name or address of the person or persons owning such taxable Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 104 personal property; (2) A change in the situs of personal property; (3) Any other change affecting the assessment or levy of the personal property tax on motor vehicles, trailers, boats, and mobile homes for which a tax return has been filed previously; or (4) Any change in which a person acquires one or more motor vehicles, trailers, and boats, and mobile homes and for which no personal property tax return has been filed. 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 Nay Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT - TO CONSIDER ADDING ADDITIONAL PARCELS INTO THE SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT. THESE PROPERTIES ARE LOCATED AT 933 BARLEY LANE, WINCHESTER, VIRGIMA AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 60-A-89, 61-A-15 AND 61-A-17 IN THE BACK CREEK MAGISTERIAL DISTRICT. — (RESOLUTION #028-17) - APPROVED — Zoning Administrator Mark Cheran presented this request. He stated Vernon and Eula Wright requested to add three parcels totaling 178.50+/- acres to the South Frederick Agricultural and Forestal District. He stated Section 15.2-4314 of the Code of Virginia, 1950, as amended, provided property owners with the ability to request to add land to the Agricultural and Forestal District through a public process via the local governing body. He further stated the Agricultural District Advisory Committee considered this request at their meeting on August 23, 2017 and recommended approval. He stated the Planning Commission considered this request at their meeting on September 20, 2017 and recommended approval. He went on to say the addition of the 178.50+/- acres will increase the South Frederick Agricultural and Forestal District to 6,248.50+/- acres. There were no questions. 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 10/11/17 County of Frederick, Virginia 105 Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the addition to the South Frederick Agricultural and Forestal District. ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Vernon and Eula Wright desire to add three (3) parcels identified by Property Identification Numbers 60-A-89, 61-A-15 and 61-A-17 to the South Frederick Agricultural & Forestal District located in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this addition on August 23, 2017; and WHEREAS, the Planning Commission held a public hearing and recommended approval of this addition to the 2015-2020 South Frederick Agricultural & Forestal District; and WHEREAS, the Board of Supervisors held a public hearing on this addition to the 2015- 2020 South Frederick Agricultural & Forestal District on October 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2015-2020 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts the addition to the 2015-2020 South Frederick Agricultural & Forestal District of 178.50t acres in the Back Creek Magisterial District, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 08/03/17 and the attached property owners table dated 08/02/17. This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS DISCUSSION — SUBDIVISION APPLICATION #05-17 OF FREEDOM CROSSING — FOR INFORMATION ONLY Zoning Administrator Mark Cheran presented this subdivision application and stated it was for seven single-family attached (townhouse) units with a minimum lot size of 1,500 square feet planned to be constructed on 1.2751+/- acres of land zoned RP (Residential Performance) District. He stated the proposed subdivision will be accessed by Double Church Road (Route Minute Book Number 43 Board or Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia IN 641) via a private internal road. He further stated this property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). He stated the applicant previously received a waiver of the Master Development- Plan (MDP) requirement and had chosen to process a subdivision design plan in lieu of the MDP. He concluded by stating that no action was required by the Board, it was being presented as information only. Supervisor Lofton asked if there might be any impact on this due to the civil suit that is currently going on. Mr. Cheran stated there is nothing staff could do regarding that. DISCUSSION — RESIDENTIAL SEPARATION BUFFER WAIVER IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT — (RESOLUTION 4029-17) APPROVED TO FORWARD TO PUBLIC HEARING Planner Tyler Klein addressed the Board and presented this proposed amendment. He stated this was an amendment to Chapter 165, Zoning, to modify the requirement for residential separation buffers in the RP (Residential Performance) Zoning District. He stated, currently, residential separation buffers are required to adequately buffer housing types from dissimilar housing types within separate adjacent developments. He stated staff drafted a revision to the Zoning Ordinance to modify the required residential separation buffer between single-family detached units and townhome units; and single-family small lot (attached and detached) units and townhome units. He further stated this modification would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer. He went on to say the intent of this modification was to provide flexibility for smaller infill-type lots in the RP Zoning District, ensuring the desired housing densities are sited where they are planned for as part of the County's 2035 Comprehensive Plan's Long Range Land Use Plan (LRLUP). He stated this item was proposed through a request from a private developer. He stated this was discussed by the Development Review and Regulations Committee with proposed changes made at their meeting of August 24, 2017, forwarded to the Planning Commission, which discussed this at their meetings of June 7 and September 20, 2017, and now had sent the item forward for review by the Board of Supervisors. He concluded by stating staff is seeking direction from the Board of Supervisors. Supervisor Dunn stated it was his understanding this was not site specific, that it would be county wide. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia In Mr. Klein replied the zoning ordinance change would apply to all RP zoned land across the county. Supervisor Dunn stated he had concerns this would be increasing density in an already dense area. Mr. Klein replied there was planned density for certain areas in the County and in this case, the type of lots the development community had expressed an interest in were challenging to develop, they were small infill-type lots. He stated that they have smaller road frontage and are deeper lots. He stated that when there is a 200 foot road frontage and a 50 foot buffer was being added on either side, then it was limited to about a 50 foot developable area in the middle to locate houses and other improvements that are required for a subdivision and it created a challenge. He stated this was an opportunity to encourage the type of density in housing that had been planned for in the Comprehensive Plan in areas in the County that staff anticipated that growth being located. He stated it did not change the amount of density that was allowed, it allowed for the developer to utilize the full amount of the density that would otherwise be allowed on each individual property. areas. Supervisor Dunn stated there would be density in certain areas at the expense of other Mr. Klein replied potentially, yes. He stated this was an opportunity to provide some flexibility to the development community as far as the intent of the buffer to provide a separation and a physical barrier between different types of housing and still fulfill the requirement. Supervisor Dunn stated that if this did not go into effect, there still would be a density increase in the urban development area as specified, it would just be a little less than what this would allow. Mr. Tyler replied yes. Supervisor Slaughter asked about the list of buffer amounts, was it reduced by half. Mr. Klein replied yes. Vice -Chairman Fisher stated he would not support the amendment and that it was not appropriate for Frederick County. Supervisor Dunn stated he was not in favor of this and could not support it at this time. Upon a motion made by Supervisor Ewing, seconded by Supervisor Lofton, the proposed Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia E ordinance amendment to modify the requirement for residential separation buffers in the RP (Residential Performance) District was forwarded to public hearing. I_IS FYI] I11Y11 to] el DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 203 — BUFFERS AND LANDSCAPING §165-203.02. BUFFER AND SCREENING REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to modify the requirement for residential separation buffers in the RP (Residential Performance) Zoning District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their April 27, May 25, July 27 and August 24, 2017 regular meetings to modify the required residential separation buffer between single-family detached (SFD) units, townhome units, single-family small lot (attached and detached) units and townhome units. The modification would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer; and WHEREAS, the Planning Commission discussed the proposed change at their regularly scheduled meeting on June 7, 2017 and September 20, 2017 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meeting on October 11, 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 modify the requirement for residential separation buffers in the RP (Residential Performance) District, the modification would change the required buffer category between certain housing types from a Category B Type Buffer to a Category A Type Buffer. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Bill M. Ewing Aye Gene E. Fisher Nay Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Nay ROAD RESOLUTIONS — ROSSCOMMON, SECTIONS 6 AND 7 (RESOLUTION #030-17) AND MEADOW EDGE, PHASE 2 (RESOLUTION #031-17) — APPROVED UNDER CONSENT AGENDA RESOLUTION (#030-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS ROSSCOMMON, SECTIONS 6 AND 7 Minute Book Plumber 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 109 The Board of Supervisors of Frederick County, in regular meeting on the llth day of October, 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. RESOLUTION (#031-17) BY THE FREDERICK COUNTY BOARD OF SUPERVISORS MEADOWS EDGE, PHASE 2 The Board of Supervisors of Frederick County, in regular meeting on the 11th day of October, 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia 110 There were no Board Liaison Reports. CITIZEN COMMENTS Alan Morrison, Gainesboro District, addressed the Board and stated he appreciated the Boards' concerns about taxpayers' monies and efforts to control spending. He stated that whether it was State or Federal money received, it was still money the County does not have to spend and that grant money was not free. He stated that it was costing taxpayers somewhere in the process. He further stated that money should be spent on needed worthwhile projects. He referenced transportation projects discussed earlier in the meeting to control traffic flow into and out of Winchester through Frederick County. He stated it was already difficult to get in and out of Winchester at certain times of the day. He stated that it was a "catch 22" or a "trojan horse" depending on how you looked at it. He stated future development would add cost to the County with schools, services, etc. He stated more roads are built that are not sufficient, so the County changes, modifies, expands roads and then more development and the process starts all over again. Shannon Trout, Shawnee District, addressed the Board and stated she was disappointed that the Board did not accept the grant money for the Pre-K program. She stated the grant money was coming from taxpayers already, it was Federal money, and could not understand why it was not being put to use in the County. She further stated that pre-school programs benefit the children in their fundamental early years. She stated to deny funding to the future of County children was despicable and very disappointing. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated he agreed with Mr. Morrison, that grant money was not free money. He stated he looked at the chances to get grant money, to get some of our money back and until the State or Federal government stopped taking it from citizens' pockets to distribute it back to the county, he would keep taking it until they changed their ways, but he agreed it was not free money, it was our money and he would like to get it back. Supervisor Dunn stated that county employee, Recycling Coordinator Gloria Puffinburger, recently volunteered her own time at a local paper shredding event and wanted to recognize and commend her for giving back. ADJOURN Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (8:55 P.M.) ti Charles S. DeHaven, Jr. Chairman, Board of Supervisors K is Tie ey Clerk, Board Supervisors �J Minutes Prepared By: Icyr,6c,, �� , �,'Ce— Teresa J. Pr `" Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 10/11/17 County of Frederick, Virginia