December 13 2017 Regular Meeting Minutes159
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, DECEMBER 13, 2017
7.00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Meeting of the Frederick County Board of Supervisors was held on Wednesday,
December 13, 2017 at 7:00 P.M., in the Board of Supervisors meeting room, County
Administration Building, 107 North Kent Street, Winchester, VA.
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gene E. Fisher, Vice -
Chairman; Blaine P. Dunn; J. Douglas McCarthy; Gary A. Lofton; Judith McCann -Slaughter; and
Robert W. Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information
Officer; Michael T. Ruddy, Director of Planning and Development; Candice Perkins, Assistant
Planning Director; John Bishop, Assistant Planning Director; Tyler Klein, Planner; Mark Cheran,
Zoning and Subdivision Administrator; and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors were present.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor Fisher delivered the invocation.
PLEDGE OF ALLEGIANCE
Supervisor Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA
Upon motion of Supervisor Wells, seconded by Supervisor Lofton, the agenda was
adopted unanimously.
ADOPTION OF CONSENT AGENDA
Upon motion of Supervisor Lofton, seconded by Supervisor Fisher, the consent agenda
was adopted as presented unanimously. Consent Agenda items:
Minutes of October 11 and October 25, 2017
Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
160
November 2017 Election
Information Technologies Committee Report — Appendix A
Human Resources Committee Report - Appendix B
Public Safety Communications Committee Report - Appendix C
Landfill Oversight Committee Report — Appendix D
Public Works Committee Report — Appendix E
Transportation Committee Report — Appendix F
Road Resolution — Round Hill Fire Station
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
There were no comments from the Board members.
APPROVAL OF MINUTES — APPROVED ON CONSENT AGENDA
The minutes of October 11 and October 25, 2017, were approved under the consent
agenda.
EMPLOYEE OF THE MONTH
On motion of Supervisor Wells, seconded by Supervisor Dunn, the following resolution
recognizing Trisha Clevenger as Employee of the Month was approved. Chairman DeHaven read
and presented a copy of the resolution to Trisha Clevenger.
EMPLOYEE OF THE MONTH RESOLUTION
AWARDED TO:
TRICIA D. CLEVENGER
WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a
most important resource; and,
WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established
the Employee of the Month award and candidates for the award may be nominated by any County
employee; and,
WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee
selects one employee from those nominated; and,
WHEREAS, Trisha D. Clevenger who serves as a Correctional Officer II with the Northwestern
Regional Adult Detention Center was nominated for Employee of the Month; and,
WHEREAS, Trisha D. Clevenger's work ethic has proven her to be an asset to her team as well as the
facility. On Saturday, September 29, 2017, she was working main control by herself, which is a
demanding post, but took the extra time from her regular duties to monitor another Officer that was
working the special management unit at the time. Officer Clevenger does this regularly to ensure the
Officer's safety and the security of the facility. Officer Clevenger observed the inmate housed in the unit
becoming belligerent and then proceeded to assault the Officer. Officer Clevenger controlled her
emotions in this highly stressful situation, even though it was a fellow Officer who was assaulted and
promptly called for assistance. Officer Clevenger then, keeping a visual on the Officer, opened all
necessary doors to get available staff in to assist with the incident. Due to Officer Clevenger's diligence,
the assaulted Officer received only minor injuries even with the severity of the incident.; and,
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
in
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day
of December 2017, that Trisha D. Clevenger is hereby recognized as the Frederick County Employee of
the Month for December 2017; and,
BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Trisha D. Clevenger
for her outstanding performance and dedicated service and wishes her continued success in future
endeavors; and,
BE IT FURTHER RESOLVED, that Trisha D. Clevenger is hereby entitled to all of the rights and
privileges associated with his award.
County of Frederick, VA Board of Supervisors
Charles S. DeHaven, Jr., Chairman
+ + + + + + + + + + + +
COMMITTEE APPOINTMENTS
APPOINTMENT OF BRYAN FAIRBANKS TO THE ECONOMIC
DEVELOPMENT AUTHORITY - APPROVED
Upon motion of Supervisor Lofton, seconded by Supervisor Wells, Bryan Fairbanks was
appointed on a voice vote to the Economic Development Authority for a four-year term ending
November 10, 2021.
APPOINTMENT OF MARIANNE BIVIANO AND HUGH B. VAN METER TO
THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE —
APPROVED
Upon motion of Supervisor Lofton, seconded by Supervisor Wells, Marianne Biviano
and Hugh B. Van Mater were each appointed on a voice vote to the Shawneeland Sanitary
District Advisory Committee for a two-year term ending on November 9, 2019.
RE -APPOINTMENT OF GARY R. OATES AS A STONEWALL DISTRICT
REPRESENTATIVE TO THE FREDERICK COUNTY PLANNING
COMMISSION - APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Gary R. Oates
was re -appointed on a voice vote to the Frederick County Planning Commission representing the
Stonewall District for a four-year term ending January 11, 2022.
APPOINTMENT OF CAROLYN RUTHERFORD AS THE SHAWNEE
DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP
COUNCIL — APPROVED
Upon motion of Supervisor Fisher, seconded by Supervisor Lofton, Carolyn Rutherford
was appointed on a voice vote to the Extension Leadership Council representing the Shawnee
District for a four-year term ending December 12, 2022.
RE -APPOINTMENT OF RUTH BODEN AND HEATHER MCKAY AS
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, 'Virginia
MEMBERS -AT -LARGE TO THE EXTENSION LEADERSHIP COUNCIL —
APPROVED
Upon motion of Supervisor Lofton, seconded by Supervisor Slaughter, Ruth Boden and
Heather McKay were each re -appointed on a voice vote to the Extension Leadership Council as
member -at -large for a four-year term ending February 13, 2022.
ACKNOWLEDGEMENT OF RECEIPT OF CERTIFIED COPIES OF THE
ABSTRACT OF VOTES FROM THE NOVEMBER 7, 2017, GENERAL
ELECTION — APPROVED ON CONSENT AGENDA
Receipt of the Abstracts of Votes was approved under the consent agenda.
COMMITTEE REPORTS
Information Technologies Committee Report — Anproved on Consent Agenda
See Appendix A
Human Resources Committee Report — Approved on Consent Agenda
See Appendix B
Public Safety Communications Committee Report — Approved on Consent Agenda
See Appendix C
Landfill OversijZht Committee Report — Approved on Consent Agenda
See Appendix D
Public Works Committee Report — Approved on Consent Agenda
See Appendix E
Transportation Committee Report — Approved on Consent Agenda
See Appendix F
Parks and Recreation Commission Report — Approved
See Appendix G
Right of Way Donation — Abrams Creek APPROVED
Park and Stewardship Planner John Turkel appeared before the Board regarding this item and
provided a brief overview of the need for the need for assurance that the County would accept
the property. Supervisor Dunn moved that the Board approve the following resolution.
Supervisor Fisher seconded the motion which carried as follows on a roll call vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
Aye
Robert W. Wells
Aye
Blaine P. Dunn
Aye
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
RESOLUTION
AUTHORIZING ACCEPTANCE OF REAL PROPERTY FROM THOMAS G. SCULLY
December 13, 2017
WHEREAS, Thomas G. Scully is the record owner of eight (8) certain parcels of land situate in
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
*m
Redbud Magisterial District in Frederick County; and
WHEREAS, said parcels are identified as:
• Lot 1, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C-1113-1;
• Lot 2, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C-I IB-2;
• Lot 3, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C-1113-3;
• Lot 4, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C- 1113-4;
• Lot 5, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C- 11B-5;
• Lot 6, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C-1113-6;
• Lot 7, Section B in Rolling Fields Subdivision, Tax Parcel Number 54C-I IB-7; and
• Lot 8, Section A in Roiling Fields Subdivision, Tax Parcel Number 54C-11 A-8.
This land being a portion of the land conveyed to Thomas G. Scully from David G. Simpson and Judith
Meade Simpson in Deed Book 328 page 585; and
WHEREAS, Thomas G. Scully has indicated an interest in donating the above -referenced lots to
the County for the purpose of promoting outdoor recreation within the County; and
WHEREAS, the Board of Supervisors intends to accept the gift of land from Thomas G. Scully, if
the same is offered.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors
hereby authorizes the County Administrator, Kris Tierney, to accept a deed of gift for the above described
property from Thomas G. Scully on behalf of the County.
+ + + + + + + + + + + +
Rose Hill Memorandum of Understandine - APPROVED
Park and Stewardship Planner John Turkel appeared before the Board regarding this item saying
the addendum formalizes the agreement for trail improvements in Rose Hill Park. Supervisor
Dunn moved that the Board approve the following Rose Hill Memorandum of Understanding
Addendum 92. Supervisor McCarthy seconded the motion which carried as follows on a roll call
vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
Aye
Robert W. Wells
Aye
Blaine P. Dunn
Aye
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
ADDENDUM NO. 2
To the
MEMORANDUM OF UNDERSTANDING
Between
The COUNTY OF FREDERICK, VIRGINIA (County)
and
the GLASS GLEN-BURNIE FOUNDATION (GGBF)
and
the GLASS GLEN-BURNIE MUSEUM, INC. (GGBM)
On the 5' of May 2014, the County, GGBF, and GGBM entered into a Memorandum of
Understanding (MOU) for the purpose of developing a portion of the property (hereinafter
known as "Rose Hill"), located at 1985 Jones Road in the County of Frederick Virginia
identified with Property Identification Number 62-A-73B in the Back Creek Magisterial
District. On the 10' of August 2016, the parties amended the reference MOU with Addenda
No. 1.
Il. The parties now mutually desire and agree to amend the reference MOU and Addenda as
follows.
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
164
Add Article 27, "The County shall have the opportunity to install and maintain, at its own
expense, dirt surface hiking4alking trails on the 115.4 acre parcel identified in Exhibit A
of the May 2014 MOU. Trail location and design shall be agreed upon prior to
commencing work and include a 3' maintenance buffer area from the trail tread."
Add Article 28, "Any added trail or other agreed upon amenity shall be considered to be
an extension of the lease area to the County, to include an agreed upon buffer area from
the actual amenity.
All other terms and conditions that are not hereby amended are to remain in full force and effect.
THIS AGREEMENT EXECUTED IN DUPLICATE with one copy to Glass -Glen Burnie Foundation,
and the other to the County of Frederick, Virginia.
.... ..... + +
PLANNING COMMISSION BUSINESS
Public Hearings:
1. Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, Submitted for
Construction of a Special Event Facilities. The Property is Located at 283
Barracks Lane, Winchester, Virginia and is Identified with Property
Identification Number 52-A-261 in the Back Creek Magisterial District. —
APPROVED
Planner Tyler Klein said that if the Board of Supervisors finds this application for a special event
facility to be appropriate, Staff recommends that the following conditions be attached to the
CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick
County Zoning Ordinance, shall be submitted to and approved by Frederick County prior
to the establishment of the use. Building permits are also required for all buildings and
structures.
3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude
by midnight.
All outside music shall conclude by 9 p.m. Music may continue indoors until the
conclusion of the event.
5. All lighting shall be downcast to avoid glare onto adjacent properties and residences.
6. Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks Lane
(private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A-
261 to ensure the access drive to the event center is not immediately adjacent to the
southern property boundary of Parcel 52-A-280A in general conformance with the layout
below:
7. In the future, should the owner of parcel 52-A-261 be able to secure private access to
Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route
654) through a recorded deed of easement or written consent from the property owner, a
new CUP would not be required to implement such access.
8. Events may accommodate up to and not to exceed 280 persons.
9. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
165
and not to exceed 10 feet (FT) in height is permitted.
10. Any expansion or modification of this use will require the approval of a new CUP.
The applicant, Carolyn (Dixie) Scheulen, stated her intention to use the facility two days a week,
and indicated that the facility will not be a burden. She added that the location has been chosen
for the least impact on the environment.
Chairman DeHaven opened the public hearing. The public hearing speakers were:
Sara Snow, Gainesboro District, who said she is not opposed to the event center. She said the
applicant's mother operates a similar facility with no complaints or problems.
Stephanie Standerfer, Back Creek District, expressed her concerns about the event center and
spoke against the CUP being granted. She thanked the Board members for talking with her
about the matter.
Claire McDonald, head of the Winchester Independent School, said she is worried about the
easement through the Round Hill Fire Hall. She said the school is considering purchasing the
Round Hill Fire Hall building, and requested that the Board table its decision for 30 days to
allow respective parties time for further review of the traffic issues.
Brett Haynes, of Oakcrest Company, said he represents the Fire Company and while they have
no objection to the event center, their concern regards the right of way on their property being
used for access to the event center.
Katie Boyd, Back Creek District, spoke in favor of the CUP for the event center,
Rocky Keplinger, Back Creek District, said the comparison to the Cloverdale event center is not
applicable because Cloverdale is in a valley while the site in question is not in a valley and will
affect 29 houses on Woodchuck Lane. He said there are traffic concerns and the event center
should make the least possible impact on the area.
Barbara Singhas, Back Creek District, said she lives on the right of way and the event center will
have an impact on the possible sale of the fire hall property to the Winchester Independent
School. She noted concerns about wells in the area and said the event center could affect other
wells.
Lisa Bell, said she owns three homes on Woodchuck Lane.. She spoke in favor of the CUP for
the event center adding that the farm could have been sold for a subdivision rather than the event
center.
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
166
Bob Boyd, Back Creek District, said that granting the CUP for the event center will allow his
family to continuing farming for another generation. He said the use will be low impact. He
asked that the issue not be tabled for 30 days.
Ross Hewitt, Back Creek District, said he is also close to Cloverdale event center and it has been
a positive addition to the agricultural community. He said that the farming community is being
pressed out by development.
Greg Miller, Back Creek District, said that noise is his biggest concern. He asked that if the
CUP is granted, a sound barrier be installed and amplified music be kept inside.
Toby Cunningham, Back Creek District, said the event center will bring traffic and noise to his
road. He said he lives on a blind hill. He goes to bed early, and traffic safety is his biggest
concern.
Chairman DeHaven closed the public hearing.
Ms, Scheulen addressed the concerns that had been expressed. She said that the Health
Department has approved their well location. She said the event center will not be installing
commercial septic operation which will reduce the number of days per week that she will be
allowed to operate. She noted concerns about noise, and showed slides detailing distances to
homes for several event centers in surrounding counties. Ms. Scheulen noted she began the
approval process in February 2017, and has worked patiently through the process. She said she
desires that the Board vote this evening.
Supervisor Lofton said he appreciated the patience of the applicant. He asked whether the
applicant or a family member would be available by phone during events in case a neighbor had
a complaint, and whether the applicant would add a tree barrier. Supervisor Lofton asked
whether the applicant would agree to the replacement of conditions number 6 and 7 to provide
instead for access directly to Round Hill Road.
Ms. Scheulen said she would agree to Supervisor Lofton's requests.
Supervisor McCarthy said he was sympathetic to the farming community and inquired why a
CUP was being sought.
Ms. Scheulen explained the property currently does not adjoin her other property and cannot be
an accessory use, therefore the CUP was required.
Supervisor McCarthy asked if the rest of the property would stay in farming per the current
Code. The applicant said the plan is for the property to stay in farming.
Minnie Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
167
Supervisor McCarthy said he has concerns about hearing of the Round Hill fire hall access at the
last minute, adding that he would like more time to consider the options as requested by the
Winchester Independent School representative.
The applicant said the event center will be low impact and will complement the school use of the
fire hail building.
Supervisor Dunn asked about amplified music. The applicant clarified that amplified music will
be used both inside and outside, but will be limited to before 9:00 p.m. for outdoor use.
The Board discussed the topic. Supervisor Lofton noted that the County has promoted
agribusiness, and the event center use has been codified for that reason. He said that the property
could be used for 5 acre lots which would be a drain on the tax base with schools and will add
traffic. He added the event center will bring revenue with minimal impact. He encouraged the
Winchester Independent School to work with the Scheulens to relocate the right -of -way to better
advantage for both interested parties. Supervisor Lofton moved that CUP 907-17 be approved.
Supervisor Fisher seconded the motion. Supervisor Lofton moved to amend his motion to
include the replacement of conditions #6 and #7. Supervisor Fisher seconded the motion, adding
that history is a good teacher and he remembers that 900 acres became 2500 homes. He said the
event center is an appropriate use for the area.
Supervisor Dunn said he is sympathetic to the farming community, but is concerned about the
right-of-way issue. He said he had a conversation with both the applicant about how to mitigate
the right-of-way concerns and the Winchester Independent School representative, Supervisor
Dunn said that he is concerned about noise. He said the Board has had the information for one
day, and he is asking that the Board take 30 days to solve a problem. Supervisor Dunn moved
that the Board delay action on the previous motion for 30 days. Supervisor McCarthy seconded
the motion which was defeated on a roll call vote:
Gary A. Lofton
No
J. Douglas McCarthy
Aye
Robert W. Wells
No
Blaine P. Dunn
Aye
Gene E. Fisher
No
Judith McCann -Slaughter
No
Charles S. DeHaven, Jr.
No
The previous motion to approve the following Resolution granting CUP 907-17 carried on a roll
call vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
No
Robert W. Wells
Aye
Blaine P. Dunn
No
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
Minute Book Number 43
Board of Supervisors Regular Meeting of 12113J17
County of Frederick, Virginia
RESOLUTION
CONDITIONAL USE PERMIT #07-17
CAROLINE (DDCIE) SCHEULEN
SPECIAL, EVENT FACILITY
WHEREAS, Conditional Use Permit #07-17 for a Special Event Facility, submitted by Carol
(Dixie) Scheulen was considered. The Property is located at 283 Barracks Lane, Winchester, Virgo
immediately south of Route 50 (Northwestern Pike) and Round Hill Road and immediately west of Woodchi
Lane and is further identified with Property Identification Number 52-A-261, in the Back Creek Magiste
District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use
Permit on September 20, 2017 which was postponed, and action was taken on the request on November 1,
2017 and recommended approval of the Conditional Use Permit with conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on December 13, 2017; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit
to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165
of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use
Permit Application #07-17 for a Special Events Facility on the parcel identified by Property Identification
Number 52-A-261 with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article Vill of the Fredrick County
Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the
establishment of the use, Building permits are also required for all buildings and structures.
3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by
midnight.
4. All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the
event.
5. All lighting shall be downcast to avoid glare onto adjacent properties and residences.
6. Access to the property shall be provided to Round Hill Road (Route 803) via the 50-foot wide
private right-of-way as specified in the deed recorded in Deed Book 727, at Page 715, and identified
in the plat attached to that deed, and also specified in the deed recorded as Instrument Number
170000640. The owner shall construct a commercial entrance from the foregoing private right-of-
way onto Round Hill Road to Virginia Department of Transportation (VDOT) standards. The
owner shall also restrict other points -of -access to the property (including, but not limited to, the
existing entrance to Barracks Lane) as "private" and not for use by the special event facility.
7. Events may accommodate up to and not to exceed 280 persons.
8. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not
to exceed 10 feet (FT) in height is permitted.
9. Any expansion or modification of this use will require the approval of a new CUP.
Passed this 13th day of December 2017.
..... + + + + + + +
2. Rezoning #04-17 for Carbaugh Business Center, Submitted by Stowe
Engineering, PLC, to Rezone Two Parcels of Land that Total 107.21+/-
Acres from the RA (Rural Areas) District to the MI. (Light Industrial) District
with Proffers. The Site has an Address of 831 Shady Elm Road
(Route 651) and is Located on the Eastern Side of Shady Elm Road,
Approximately 1.11 Miles Southwest of the Intersection of Shady Elm Road
and Apple Valley Road (Route 652). The Eastern Portion of the ,Site is
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
169
Bounded by the CSX Railroad. The Properties are Identified by Property
Identification Numbers 74-A-68 and 74-A-69 and are Located in the Back
Creek Magisterial District. - APPROVED
Assistant Planning Director Candice Perkins appeared before the Board saying this is an
application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas)
District to the M1 (Light Industrial) District with proffers. She said the subject properties are
located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits
of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan
identifies these properties with an industrial land use designation which is generally consistent
with the requested M1 zoning.
Ms. Perkins said with this rezoning, the Applicant has proffered that this project will contribute
to transportation improvements in the vicinity of the site that have been identified as important to
the overall transportation solution for this general area. She continued saying the Applicant has
proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a
maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm
Road, limits on the number of access points for the site, and inter -parcel connections for all new
parcels. She added the Applicant has also provided proffers for the screening of loading docks,
landscaping, signage, documentation of the Carbaugh House and monetary proffers for fire and
rescue purposes. She said the Planning Commission recommended approval of the rezoning
application at their November 1, 2017 meeting.
Supervisor Fisher asked for clarification of the 80' set aside for bridge construction. Assistant
Planning Director -Transportation John Bishop said that there is currently no design, but 80' will
be enough width.
Tim Stowe of Stowe Engineering P.L.C., representing the applicant, highlighted how the
proposal fits the comprehensive plan.
Supervisor Dunn asked about the length of the multi -use trail. Mr. Stowe said the trail will be
the full length of the project, 2500'
Chairman DeHaven opened the public hearing.
There were no public hearing speakers.
Chairman DeHaven closed the public hearing.
Supervisor Lofton moved for approval of the following ordinance amending the zoning map per
Rezoning 404-17 for Carbaugh Business Center, Submitted by Stowe Engineering, PLC.
Supervisor Wells seconded the motion which carried on a roll call vote as follows:
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
um
Robert W. Wells
Aye
Blaine P. Dunn
Aye
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-17 CARBAUGH BUSINESS CENTER
WHEREAS, REZONING #04-17 Carbaugh Business Center, submitted by Stowe Engineering, PLC
to rezone two parcels of land that total 107.21t acres from the RA (Rural Areas) District to the M 1 (Light
Industrial) District with proffers with a final revision date of October 19, 2017 was considered. The site
has an address of 831 Shady Elm Road (Route 651) and are located on the southeastern side of Shady
Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley
Road (Route 652). The southeastern portion of the site is bounded by the CSX Railroad, in the Back
Creek Magisterial District and is identified by Property Identification Nos. 74-A-68 and 74-A-69; and
WHEREAS, the Planning Cormriission held a public hearing on this rezoning on November 1, 2017
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13,
2017; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code, Zoning, is amended to rezone two parcels of land that total
107.21f acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers
with a final revision date of October 19, 2017. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner are attached.
+ + + + + + + + + + + +
3. 2017-2022 Capital Improvement Plan (CIP). The CIP is a Prioritized List
of Capital Projects Requested by Various County Departments and
Agencies. The Plan is Created as an Informational Component of the
2035 Comprehensive Plan. - APPROVED
Assistant Planning Director Candice Perkins appeared before the Board saying the Capital
Improvements Plan (CIP) is a document that consists of a schedule of major capital expenditures for
the County for the ensuing five-year period. She said the document is an advisory document, updated
annually, and is not a funding request. She said the document was compiled with budget figures
from January 2017. Ms. Perkins concluded saying the Planning Commission affirmed that the
projects contained within the 2017-2022 CIP are in conformance with the 2035 Comprehensive Plan
and sent the plan forward to the Board of Supervisors, and if adopted, the CIP and included maps will
become a component of the Comprehensive Plan, which would satisfy the review requirement of
Section 15.2-2232 of the Code of Virginia, which states that no public facility shall be constructed
unless said facility is a "feature shown" within a jurisdiction's comprehensive plan,
Supervisor Dunn clarified that the CIP document does not include the CIP for the Public Schools
that was recently passed. Ms. Perkins said the figures included were from the previous Schools
GIP.
Chairman DeHaven opened the public hearing.
Minute Book dumber 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
1 7 1
There were no public hearing speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved that the Resolution for the 2017-2022 Capital Improvements Plan
(CIP) be adopted with the amendment of including the Public Schools CIP adopted by the
School Board on November 9, 2017. Supervisor Fisher seconded the motion which carried as
follows on a roll call vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
Aye
Robert W. Wells
Aye
Blaine P. Dunn
Aye
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
RESOLUTION
2017 - 2022 CAPITAL IMPROVEMENTS PLAN (CIP)
WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed
2017-2022 Capital Improvements Plan (CIP) for Frederick County on September 6, 2017 and a public
meeting on November 1, 2017; and,
WHEREAS the Frederick County Planning Commission recommended approval of this plan at
their regular meeting on November 1, 2017 and affirmed that the projects contained in the 2017-2022
Capital Improvements Plan (CIP) are in conformance with Frederick County's 2035 Comprehensive Plan;
and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during
their regular meeting on December 13, 2017; and,
WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital
expenditures contained in the Capital Improvements Plan (CIP) and has affirmed the determination of the
Planning Commission that the projects contained in the Capital Improvements Plan (CIP) conform to the
Frederick County Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
The Frederick County Board of Supervisors hereby approves the 2017-2022 Capital Improvements
Plan (CIP) for Frederick County, Virginia as an element of the 2035 Comprehensive Plan with an
amendment to include updated Frederick County Public Schools priorities.
Passed this 13th day of December, 2017.
+ + + + + + + + + + + +
4. Eastern Road Plan/Comprehensive Plan Amendment - A Proposed
Amendment to the Frederick County 2035 Comprehensive Plan to Update
and Clarify a Number of Items on the Eastern Road Plan. The Eastern
Road Plan Guides Road Projects in Frederick County that Address the
Long -Range Transportation Needs of the County. - APPROVED
Assistant Planning Director for Transportation John Bishop appeared before the Board and noted
the Eastern Road Plan is developed to plan a transportation network that supports the Board of
Supervisors' long-range vision for the overall development of the County. He said this update is
primarily to incorporate VDOT work on Route 37 and Route 522 and to clean up and clarify a
number of items. Mr. Bishop outlined the specific changes on the maps. He said staff
recommends approval of the changes with the 800 feet wide interchange at Snowden Bridge
Boulevard and Route 37, and added the Transportation Committee recommended approval, the
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
172
Comprehensive Plans and Programs Committee recommended approval, and the Planning
Commission recommended approval,
Chairman DeHaven asked for clarification of the Coverstone Drive extension to the realigned Rt.
522. Mr. Bishop said the intention is to extend Coverstone to the realigned road.
Supervisor Dunn asked for more detail on the 800' v. 1200' ramp width. Mr. Bishop explained
that the 800' width was preferable because it would have less impact on property in the area,
adding that the 1200' ramp width would require going outside the reservation significantly.
Chairman DeHaven opened the public hearing.
There were no public hearing speakers.
Chairman DeHaven closed the public hearing.
Supervisor Fisher moved that the Board of Supervisors of Frederick County adopt the following
Amendment to the Frederick County 2035 Comprehensive Plan Chapter V as explained by Mr.
Bishop with the 800' wide ramp spacing specification. Supervisor Lofton seconded the motion
which carried as follows on a roll call vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
Aye
Robert W. Wells
Aye
)Blaine P. Dunn
Aye
Gene E. Fisher
Aye
Judith McCann -Slaughter
Aye
Charles S. DeHaven, Jr.
Aye
AN AMENDMENT TO
THE FREDERICK COUNTY 2035 COMPREHENSIVE PLAN
CHAPTER V, TRANSPORTATION
WHEREAS, an amendment to The Frederick County 2035 Comprehensive Plan, Chapter V,
Transportation, to modify the Eastern Road Plan was considered. This amendment was reviewed by
the Transportation Committee, the Comprehensive Plans and Programs Committee (CPPC), and the
Planning Commission during their regularly scheduled meetings; and
WHEREAS, The Transportation Couunittee recommended approval of this amendment on
October 30, 2017; and
WHEREAS, The Comprehensive Plans and Programs Committee (CPPC) recommended
approval of this amendment on November 13, 2017; and
WHEREAS, the Planning Commission held a public hearing on this Comprehensive Plan
amendment on November 15, 2017; and
WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Plan
amendment on December 13; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this
Comprehensive Plan amendment to be in the best interest of the public health, safety, welfare, and in
good planning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
that the Frederick County 2035 Comprehensive Plan, Chapter V, Transportation, is amended to
modify the Eastern Road Plan.
This amendment shall be in effect on the day of adoption.
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
1731
++++++++++++
5. Proposed Ordinance Amendment to the Frederick County Code — Chapter
165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers;
and Regulations for Specific Uses, Part 203 - Buffers and Landscaping;
Section 165-203.02 Buffer and Screening Requirements. Revisions to the
Frederick County Zoning Ordinance to Modify Requirements for Residential
Separation Buffers in the RP (Residential Performance) Zoning District. -
APPROVED
Planner Tyler Klein appeared before the Board and said Staff had drafted a revision to the
Zoning Ordinance to modify the required residential separation buffer matrix between certain
housing types specifically: single-family detached (SFD) units and townhome units; and single-
family small lot (attached and detached) units and townhome units. He said the modification
would change the required buffer category from a Category B Type Buffer to a Category A Type
Buffer. Mr. Klein continued saying the intent of this modification is to provide flexibility for
smaller infill-type lots in the RP Zoning District, ensuring the desired housing types and
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 noted this amendment does not change the required
"Zoning District Buffers" that would otherwise be required between different land uses (such as
between residential and commercial/industrial uses). The Planning Commission voted to
forward the text amendment to the Board of Supervisors for public hearing with a
recommendation of approval.
The Board members discussed the buffer text amendment, and the requirements in single family
and multi family zones.
Chairman DeHaven opened the public hearing.
The public hearing speakers were as follows:
Jeremy Tweedy of Greenway Engineering said that changing the buffer requirement will allow
more flexible with in -fill lots.
Patrick Sowers, Opequon District, said this is right -sizing the buffers. He said the purpose is to
separate incompatible uses, and a single-family house is not that different from a townhouse, so
the buffers could be more reasonably sized.
Chairman DeHaven closed the public hearing.
Supervisor Fisher discussed the topic and asked if it had been researched, whether there were
loopholes, and said it is not acceptable to have a three-story townhouse next to a single-family
home. He noted a townhouse development on Tasker Road that was not popular with the
neighbors in a bordering single-family development.
Supervisor Dunn said that it can be a problem when existing in -fill lots with zoning will now
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
174
have different size buffers.
Supervisor McCarthy said there may be a reverse effect where a three-story house could be a
two-story because the buffer is smaller.
Supervisor Dunn asked for clarification on the footprint of a two-story v. three-story townhomes.
Mr. Tierney explained that to attain the same amount of living space, developers will choose to
build three-story if the footprint will not allow the size to be a two-story.
Chairman DeHaven said the worst conflicts will be on older lots where setbacks are minimal.
He said there are always potential problems with in -fill development, but the CUP process is
expensive and time-consuming. He suggested trying this option and changing it later if
necessary.
Supervisor Wells said there are not many areas where this buffer will play a role, but the Board
needs to move ahead with the change and allow the smaller buffer so that in -fill will not be as
intrusive.
Supervisor Dunn said that in Red Bud District, the change may be a problem.
Supervisor Wells moved that the Board of Supervisors of Frederick County adopt the following
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, Article II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 203 -
Buffers and Landscaping; Section 165-203.02 Buffer and Screening Requirements. Supervisor
Lofton seconded the motion which carried on a roll call vote:
Gary A. Lofton
Aye
J. Douglas McCarthy
Aye
Robert W. Wells
Aye
Blaine P. Dunn
Nay
Gene E. Fisher
Aye
Judith McCann -Slaughter
Nay
Charles S. DeHaven, Jr.
Aye
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
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 Planning Commission held a public hearing on this ordinance on November 1, 2017; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance on December 13, 20I7; and
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13117
County of Frederick, Virginia
175
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 II — SUPPLEMENTARY USE REGULATIONS;
PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 203 — BUFFERS AND
LANDSCAPING, § 165-203.02. BUFFER AND SCREENING REQUIREMENTS -- to modify the
requirement for residential separation buffers in the RP (Residential Performance) Zoning District.
Passed this 13th day of December 2017
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR
SPECIFIC USES
Part 203. Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
C. Residential separation buffers. Residential separation buffers shall be established to adequately buffer
different housing types from dissimilar housing types within adjacent separate developments, The
requirements for residential separation buffers are as follows:
(1) When placed adjacent to one another, developments with different housing types shall provide the
following residential separation buffers:
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
Single-family detached
Single-family zero lot line or small lot
Muhiplex-er Townhouse
Garden apartment or multi -family Buildings C
Age -restricted Multifamily
Other Planning Items:
1 2
3
4 5
A
B B
A
B B
A A
B B
C B
A
C C
C
- -
-F....+++++++
Road Resolution — Round Hill Fire Station. — APPROVED ON CONSENT AGENDA
The following additions to the Secondary System of State Highways, pursuant to the
statutory provision or provisions cited, are hereby requested; the right of way for
which, including additional easements for cuts, fills and drainage, as required, is
hereby guaranteed:
Corporate Place, State Route Number 877 0.07 miles
Spinning Wheel Lane, State Route Number 878 0.08 miles
Corporate Place, State Route Number 877 0.08 miles
RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS
The Board of Supervisors of Frederick County, in regular meeting on the 13th day of December,
2017, adopted the following:
WHEREAS, the Edinburg Residency Office of the Virginia Department of Transportation
recommends that the street(s) referenced in this Board's resolution to be added to the secondary
system of state highways as a no cost rural addition pursuant to Section 33.1-229 and
Commonwealth Transportation Board policy, because the street(s) meets current minimum
standards, the condition of the existing hard surface is serviceable, the street(s) has provided
continuous public service since its establishment in July 2016 and currently services the Round
Hill Fire Hall.
WHEREAS, the Edinburg Residency Office of the Virginia Department of Transportation
confirms that no Department funds are required to improve the street(s) described on the attached
additions form AM-4.3 to meet current minimum deign or maintenance standards of the
Department.
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
176
NOW, THEREFORE, BE TT RESOLVED, this Board requests the Virginia Department of
Transportation to add the street(s) described on the attached additions Form AM-4.3 to the
secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the and the
Rural Addition Policy of the Commonwealth Transportation Board of the Virginia Department of
Transportation.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as
described, on the attached for AM-4.3, 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.
+ + + + + + + + f + + +
Board Liaison Reports (None)
Citizen Comments (None)
Board of Supervisors Comments
Chairman DeHaven welcomed Supervisor McCarthy. He noted this was Supervisor Fisher's
final Board meeting, and praised the service and dedication shown by Supervisor Fisher during
his tenure.
Supervisor Lofton echoed the Chairman's comments and praised the service of Supervisor
Fisher.
Supervisor Wells said that Supervisor Fisher had been his mentor when he joined the Board. He
added that he appreciated the good things Supervisor Fisher had done for the Shawnee District
and the County.
Supervisor Slaughter said that Supervisor Fisher had been of great service especially on planning
and transportation issues.
Supervisor Dunn said that he appreciated Supervisor Fisher's expertise, help, and insight. He
thanked Supervisor Fisher for his years of service on the Board.
Supervisor McCarthy thanked the Board and staff for the welcome.
Supervisor Lofton praised Mrs. Fisher and thanked her for her service while Mr. Fisher served
on the Board.
Supervisor Fisher praised the staff and said it was humbling and a privilege to serve on the
Board. He said the Board members do not always agree, but respect the opinions of the other
members.
ADJOURN
On motion of Supervisor Fisher, seconded by Supervisor Wells, the meeting was
adjourned at 9:30 P.M.
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
177
Appendix A
County of Frederick
Information Technologies
Scott Varner
Director
(540)655-5614
Fax: (540) 722-2169
svamer@fcva.us
To: Board of Supervisors
From: Technology Committee
Date: January 23, 2018
Subject: Technologies Committee Report and Recommendations
A Technologies Committee meeting was held in the First Floor Conference Room at 107 N Kent
Street on Wednesday, November 1, 2017 at 8:15 a.m. Members present were Gary Lofton,
Chairman, Judith McCann -Slaughter, Board Member, Bill Ewing, Board Member, and Todd
Robertson, Citizen Member. Members absent were Quaiser Absar, Citizen Member, and Lorin
Sutton, Citizen Member. Also in attendance were Jay Tibbs, Deputy County Administrator,
Scott Varner, IT Director, Benny Tyson, MIS Director, Patrick Fly, GIS Manager, Michelle
Nugent, Network Operations Manager, and Alisa Scott, Administrative Assistant.
INFORMATION ONLY
The IT Director provided copies of the IT 3 Year Budget Overview and the proposed IT
FY19 Budget. Details for the 3 Year Budget Overview included funding for a 3-year
network switch hardware replacement schedule, Fire & Rescue and Sheriff's Department
(PSB) field PC replacement schedule, Windows 10 upgrades, and Network Security and
Firewall Auditing.
The proposed IT FY 19 Budget included line -item detail that equates to the funds being
requested to answer pertinent questions that support the request. Details included the GIS
Intern, Maintenance Service Contracts, and the travel line item that covers training -only
items.
Respectfully Submitted,
INFORMATION TECHNOLOGIES COMMITTEE
Gary Lofton, Chairman Quaiser Absar
Judith McCann -Slaughter Lorin Sutton
Bill Ewing Todd Robertson
By: Scott Varner, IT Director
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, 'Virginia
178
Appendix B
County of Frederick
Becky A. Merriner
Director of Human Resources
(540)665-5668
Fax: (540) 665-5669
bmerriner@fova.us
TO: Human Resources Committee and Board of Supervisors
FROM: Becky A. Merriner, HR Director
DATE: November 17, 2017
SUBJECT: HR Committee Meeting Report
The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00
a.m. on Friday, November 17, 2017.
HR Committee members present were: Supervisors Robert Wells, and Blaine Dunn; Citizen
Members Beth Lewin and Dorrie Greene.
***Items Requiring Board Action***
1. Employee of the Month December 2017— see attachment
The Committee reviewed the attached employee of the month for December. Upon a
motion by Blaine Dunn, seconded by Beth Lewin, the Committee recommended
approval; the motion was approved unanimously. Trisha Clevenger will be recognized
at the Board of Supervisors meeting on December 131h,
2. Employee of the Year Selection (July 2016 —June 2017).
Dorrie Green moved that the HR Committee convene in closed session pursuant to
Section 2.2-37711 A (1) of the Code of Virginia, 1950, as amended, for discussion of
personnel matters, specifically, consideration of nominees for employee of the year,
seconded by Blaine Dunn.
Dorrie Green moved that the HR Committee come out of closed session and reconvene
in open session, seconded by Blaine Dunn.
Dorrie Green moved that to the best of each HR Committee Member's knowledge that
only personnel matters pursuant to Section 2.2-3711 A (1) of the Code of Virginia,
1950, as amended, specifically consideration of nominees for employee of the year
were discussed, seconded by Blaine Dunn,
Beth Lewin made the motion that the HR Committee approve the 2016-2017 Employee
of the Year, seconded by Blaine Dunn.
The Employee of the Year will be recognized at the Frederick County Employee Holiday
Party on December 15th and at the Board of Supervisors meeting on January 10, 2018.
***Items Not Requiring Action***
3, HR Quarterly Reports (July —September), see attached.
Becky Merriner asked the HR Committee if they would like additional data provided in
the quarterly reports, the committee discussed and felt the current reporting structure
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
179
provided the appropriate amount of information; however, a snapshot of HR activities
would be helpful from time -to -time.
The HR Committee discussed efficiencies of tasks within HR and current software used
by the county for data entry and reporting. The committee asked if there was a
county -wide plan to update current systems and if not, suggested that a conversation
begin. Mr. Wells said he would talk with Kris Tierney.
Becky Merriner shared that she was in the process of updating the HR Policy Manual
and is planning to bring it to an upcoming HR Committee meeting for review and
recommendation to the board of supervisors.
The committee will review the current process for Employee of the Month and
Employee of the Year and discuss options to enhance the program to recognize
employees. Becky Merriner will provide the committee with the currently policies.
There being no further business, the meeting was adjourned.
The next HR Committee meeting is scheduled for Friday, December 8, 2017 at 9:00 am.
Respectfully submitted,
Human Resources Committee
Robert W. Wells Beth Lewin
Blaine P. Dunn Dorrie Greene
Don Butler
By: Becky A. Merriner, HR Director
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
:m
Appendix C
MEMORANDUM
TO: Board of Supervisors
FROM: LeeAnna Pyles,
Director Public Safety Communications
SUBJECT: Public Safety Committee Meeting.
Report for November 16, 2017
DATE: December 7, 2017
A meeting of the Public Safety Committee was held on Thursday November 16, 2017 at 8:30
a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA.
Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, 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, County Attorney Rod Williams, Fire Chief Linaburg, Volunteer Fire & Rescue
President Dan Cunningham, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland,
Fire Marshal Jay Bauserman, Deputy Director of Emergency Management Chester Lauck,
Lieutenant Fred Kinder, IT Director Scott Varner, Budget Analyst Jennifer Place, and Finance
Director Cheryl Shiffler. The following items were discussed:
***Discussion Items***
1. Departmental budget presentations for FY19 (see attachments):
Director LeeAnna Pyles presented her proposed FY19 budget. She advised that her budget
request reflected an $80,000 increase. This money would go to replace and repair old and worn
equipment at all tower sites, installation of cameras at all sites as well as other necessities within
the Center. Director Pyles also mentioned that the yearly revenue from the 911 Wireless Board
had gone up to $249,588 (previously $64,000) and she would like to earmark $80,000 to be
distributed into appropriate line items to cover expenses on repairs.
Chester Lauck has applied for a grant for a generator to be replaced at one of the tower sites and
he will update the Committee with the process.
Chief Linaburg presented his departments FY19 budget request of $18 million dollars to the
Public Safety Committee. Operationally, he is requesting increased funding for 20 additional
personnel, vehicle replacement, equipment and gear. The Fire & Rescue Association is
requesting an increase in training and fuel assistance, as well, Revenue Recovery is anticipating
$1.5 million dollars in expenses and revenues.
Sheriff Millholland requested a budget increase of $4 million dollars for FY19. Many items
requested by the Sheriff are over $10,000 and range from additional personnel to vehicles to
training and equipment. The biggest item on the list was the replacement and update of (147)
portable radios. Sheriff Millholland discussed some of the radio issues his department has
experienced over the past few years.
IT Director Scott Varner advised that he had been working on projects within the Sheriffs FY 19
budget request. First was the 130 MCT (mobile computer terminal) units in each deputy vehicle.
These units are out of warranty. He noted that he had discussed 3 options with the IT Committee
that would get them on a regular replacement program and was part of the IT budget. The other
item being addressed was a new 50 mb internet "pipe" which would go from the Public Safety
Building to the Kent Street building. This would allow the bodycam videos to be uploaded and
obtained much faster for the Sheriff's office. The IT department would also budget this item.
2. Other business:
The Public Safety Committee thanked and commended Chairman Gene Fisher for his service
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
and dedication on the Committee during his tenure, as his term will end at the end of the year.
Chairman Fisher in returned, thanked the Departments' for their outstanding services to the
community and the citizens of Frederick County. ,
Next Meeting: Thursday, January 18, 2018
Adjourn: 10:30 a,m.
Respectfully submitted,
Public Safety Committee
Gene Fisher Gary Lofton Chuck Torpy
Denny Linaburg Ann B. Lloyd Walt Cunningham
Sheriff Lenny Millholland Rod Williams Blaine Dunn
Dan Cunningham Helen Lake
By
LeeAnna Pyles, Director Public Safety Communications
LP/sds
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
:.R
Appendix D
MEMORANDUM
TO: Landfill Oversight Committee Members and Board of Supervisors
> FROM: Joe C. Wilder, Director of Public Works `
SUBJECT: Landfill Oversight Committee Report for Meeting of November 16, 2017
DATE: December 19, 2017
The Landfill Oversight Committee met on Thursday, November 16, 2017, at 11:00 a.m.
All committee members were present except Stan Crockett, Eden Freeman and Justin Hall. The
following items were discussed:
***Items Not Requiring Action***
Update on Existing Projects
a. We discussed some of the on -going projects at the Landfill. We are starting the
design for our next MSW Landfill Cell, Phase 3, Cell A. This cell has a great
deal of rock removal needed to achieve base grades of the cell. Our Landfill
consultant, SCS Engineers, is working on a design for the rock removal needed
along with a bid package. Our plan is to start rock blasting and removal in the
spring of 2018 and continue that operation for about one (1) year or less.
We are studying some alternatives on dealing with processed sludges coming
from the Opequon Wastewater Treatment Plant that are creating some major
issues on the working face of the MSW Landfill. These sludges will not allow
our equipment to properly compact the waste, thus creating issues with waste
density and placement. We are planning to study a couple alternatives and then
discuss the issues with the wastewater plant staff during the first part of 2018.
We discussed some future methane gas collection systems which are currently
being studied and designed. It is our intent to increase the collection of Landfill
gases to increase output from our waste to energy power plant.
2. Discussion of Future Projects
As shown on Page 1 of the budget packet, we have listed several major projects over the
next four (4) to five (5) years. Most are related to the development of the next MSW
Cell, Phase 3, Cell A. The total estimate for these future projects is over $18,000,000.00.
3. Proposed Fiscal Year 2018-2019 Budget
We presented the draft FY19 Landfill budget. Earlier this year, staff presented a Pro
Forma Analysis that looked at the entire Landfill operation, budget, capital projects,
equipment needs, etc. over the life of our Landfill. The major conclusion of the analysis
is that the Landfill Reserve needs to be built up to $71,000,000.00 over the upcoming
time period to ensure we can meet all the capital expenses, future cell development
expenses, closures and post -closure expenses, etc. In order to meet those future expenses
tipping fee scenarios were developed to determine where the fees should be set in the
near future to achieve the financial requirements in the future. After discussions with the
Landfill Oversight Committee, the Public Works Committee and the Finance Committee
it was determined the course of action for FY19 was to have a modest tipping fee
increase for all wastes at the Landfill for FY19. The following is a summary of the
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
im
existing tip fee in FYI and the proposed tip fee for FYI 9.
Waste Type
Current Tip Fee
FY18
Proposed Tip Fee
FY19
Municipal
$18
$20
Commercial
$47
$50
CDD
$42
$45
Sludge
$36
$38
Concrete/Ruble
$12
$15
If these tip fees are approved for FY19, we don't anticipate having to raise tip fees for
several years. Staff will monitor our Fund Balance annually to see our progress on
achieving the desired goal of $71,000.00.
Within the budget package, we highlighted our proposed capital requests, future projects
and proposed revenues. After some discussion, the committee endorsed the proposed
budget and requested it be forwarded the Public Works Committee for further review.
JCW/kco
cc: Committee Members
Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
Ron Kimble, Landfill Manager
Andrew Clark, Environmental Manager
Gloria Puffinburger, Solid Waste Manager
file
Minute Book Number 43
Board of supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
184
Appendix E
MEMORANDUM
TO: Board of Supervisors �� f
FROM: Joe C. Wilder, Director of Public Works `o
SUBJECT: Public Works Committee Report for Meeting of November 28, 2017
DATE: January 23, 2018
The Public Works Committee met on Tuesday, November 28, 2017, at 8:00 a.m. All
members were present except James T. Wilson and David Ganse. The following items were
discussed:
***Items Not Requiring Action***
1. Update on the new Stephenson Convenience Site
Staff presented an update on the project. We issued a contract with Kee Construction in
the amount of $1,221,294.00 to construct the improvements for the convenience site. A
notice to Proceed has been issued and the date for substantial completion is May 31,
2018, The contractor has indicated they plan to mobilize to the site the week of
December 4, 2017.
2. Review Proposed Fiscal Year 2018/2019 Budgets
Staff presented a general overview of the proposed Public Works budgets for FYI 9. A
copy of the entire budget package along with a summary of the proposed personnel
requests and capital requests have been included. The budget package was sent to the
Finance Department for their review as well.
Within the department, we are requesting two (2) new full-time positions. In the Refuse
Collection department, we are requesting an Assistant Site Supervisor position. This
position will assist the Solid Waste Coordinator in managing the part-time staff and
maintaining all the equipment for the 10 convenience sites located throughout the county.
Also, we are requesting a new full-time position at the Animal Shelter. We are proposing
an animal caretaker position to assist with multiple duties at the shelter. Both requests
have been forwarded to the Human Resources Committee for further consideration within
the budget requests. All proposed capital requests have been clearly outlined within the budget
package.
In conclusion, the Public Works proposed budget for FYI have been prepared and
submitted for further consideration.
3. Miscellaneous Reports:
a) Tonnage Report
(Attachment 5)
b) Recycling Report
(Attachment 6)
c) Animal Shelter Dog Report
(Attachment 7)
d) Animal Shelter Cat Report
(Attachment 8)
Respectfully submitted,
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
181
Public Works Committee
Gene E. Fisher, Chairman
Robert W. Wells
David W. Ganse, AIA
Whitney "Whit' L. Wagner
James T. Wilson
J
By r
Joe C. Wilder
Public Works Director
JC W/kco
cc: Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Kathy Whetzel, Animal Shelter Manager
file
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
Appendix F
MEMORANDUM
TO: Board of Supervisors
A_' ' 7,
FROM: John A. Bishop, AICP, Assistant Director - Transportation
RE: Transportation Committee Report for Meeting of November 27, 2017
DATE: November 29, 2017
The Transportation Committee met on Monday, November 27, 2017 at 8:30 a.m.
Members Present
Gary Lofton Chairman (voting)
Judith McCann -Slaughter (voting)
James Racey (voting)
Gene Fisher (voting)
Kevin Kenney (liaison PC)
The Committee submits the following:
Members Absent
Mark Davis (liaison Middletown)
Barry Schnoor (voting)
Lewis Boyer (liaison Stephens City)
***Items Requiring Action***
None
***Items Not Requiring Action***
1. Designation of Critical Freight Corridors (see attached):
Staff presented a brief overview on VDOT updating statewide inventory of Critical Urban and
Critical Rural Freight Corridors. This is a federal designation and criteria for designating these
corridors, which are outlined in Section 1116 of the FAST Act. According to the Act, Virginia has
an allotment of 166.69 miles of Critical Rural Freight Corridors and 83.35 miles of Critical Urban
Freight Corridors. Designation makes projects eligible for National Highway Freight Program.
funds. Staff has recommended the areas below for inclusion as VDOT considers final designations.
• Route 522 South from Exit 313 to the Virginia Inland Port
• Route 277 from I-81 to Route 522
• Future Route 37 from I-81 Exit 310 to Route 522
• Route I I South from the Winchester City Limits to Route 37
• Route 522 North from Route 37 to Indian Hollow Road
• Route 11 North from Route 37 to Old Charlestown Road
• Hopewell and Brucetown Roads from I-81 to the Carmeuse Entrance
• Rest Church Road from 1-81 to Route 11
• Route 11 North from Rest Church Road to Woodbine Road
Mr. Lofton asked that Renaissance Drive be extended to the Route 1 I South and to include
Renaissance Drive, since this area will become a major freight area. Mr. Tierney suggested adjusting
the 522 North area to show from Route 37 to Crossroads Grocery (Route 654).
A motion was made to endorse the Staff s recommendations with the amendments by Mr. Fisher and
seconded by Ms. McCann -Slaughter. Motion passed unanimously.
2. Old Charlestown Road Bridge Discussion (see attached):
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
187
Mr. Keith Harrop, Design Engineer for VDOT was present to update and explain the four (4) options
in discussion on the Old Charlestown Road Bridge replacement with the Committee. The project is
currently funded at $4.356 million in Clarke County's program. Staff noted that Clarke County was
in favor of options 2 and option 4 of the attached.
By consensus, the Committee chose to table this recommendation until the December committee
meeting.
3. County Project Updates
Tevis Street Extension/Airport Road/1-81 Bridge:
The full bridge plans are in review for final comments. The Airport Road and the Roundabout are at
60% and have been submitted to VDOT. Environmental surveys are complete. Geotech report is
expected by the end of the week.
Renaissance Drive:
TPOF agreement has been executed. Also, the pending Carbaugh rezoning application has a potential
to impact this project with matching funds for revenue sharing. This rezoning is proceeding to the
Board of Supervisors.
Coverstone Drive:
No activity at this time.
Jubal Early Drive Extension and Interchange with Route 37:
Communication was sent to the Applicants noted that the County could make no further moves
forward on the project until a revenue sharing agreement is in place. A meeting was held at which the
agreement was discussed. Staff is awaiting feedback from the Applicant. Staff has reached out to the
Applicant's engineer and no update was provided. No new action as of this agenda
4. Upcoming Agenda Items:
December
MPO Route 11 South Stars Study
December/January
Oakdale Crossing Traffic Calming Study
SmartScale Applications Discussion
5. Other Business:
Eastern Road Plan Progress — Staff noted that the Planning Commission recommended approval and
the Board of Supervisors will see the item on December 13.
Transportation Forum follow up that will be held on December 5, 2017.
Supervisor McCann -Slaughter mentioned the concern with the speed limit on Greenspring Road. A
study by VDOT traffic engineering regarding a potential reduction in the speed limit will be
conducted. A formal request for this item will be presented to the Committee in December.
The Committee meeting date for December has been rescheduled to Monday, December 18, 2017 at
8:30 a.m. Time will be 8:30 in the first -floor conference room.
JAB/ks
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
Im
Appendix G
MEMO
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Subject: Parks and Recreation Commission Action
Date: November 15, 2017
The Parks and Recreation Commission met on November 14, 2017. Members present were:
Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan,
Guss Morrison, Charles Sandy, Jr., Amy Strosnider, and Robert Wells (Board of Supervisors'
Non -Voting Liaison). Members absent: None
Items Requiring Board of Supervisors Action:
1. Right of Way Donation — Abrams Creek — A property owner of land needed for
Abrams Creek Trail right of way has requested assurance the County would accept the
property as a donation should he choose to donate. The attached resolution provides this
assurance and additionally allows for the acceptance of the property in the event it is
donated. The Buildings and Grounds Committee recommended the resolution, second by
Mr. Fordney, motion carried unanimously (8-0). Please see attached Resolution
Authorizing Acceptance of Real Property.
2. Rose Hill Memorandum of Understanding — The Buildings and Grounds Committee
recommended to approve the 2014 Rose Hill Park Memorandum of Understanding
addendum which clarifies lease area changes due to new hiking trails and addresses the
lease area implication for future amenities, second by Mr, Morrison, motion carried
unanimously (8-0). Please see attached Memorandum of Understanding.
Submitted for Board Information Only:
1. Policy Revisions - Mr. Sandy moved to adopt the Facility Rental (500.19) and Athletic
Field Use Policies (500.01), second by Mr. Madagan motion carried unanimously (8-0).
The Facility Rental and Athletic Field Use policies are attached.
2. Sherando High School — The Buildings and Grounds Committee recommended to
accept Frederick County Public Schools' request to use the north Sherando Park softball
fields for necessary improvements to comply with a U.S. Department of Education Office
of Civil Rights agreement, second by Mr. Carter, motion carried unanimously (8-0).
3. OH! Grant — Frederick Heights Park — The Buildings and Grounds Committee
recommended accepting McKee Foods expectation of recognition with a directional sign
identifying OH! Outdoor Happiness program to receive $20,000 to be used at Frederick
Heights Park, second by Mr. Sandy, motion carried unanimously (8-0).
4. FY 2019 Budget including Fees and Charges — The Finance Committee recommended
to accept the 2019 Budget including Fees and Charges as submitted, second by
Mr. Morrison, motion carried unanimously (8-0).
Attachment
cc: Gary Longerbeam, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia
1 8C,
LQ'ALA=7A-
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
ris i
Clerk, Boar �Pervisors
Minutes Prepared By:
qj-u�-
Aii-n—W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book Number 43
Board of Supervisors Regular Meeting of 12/13/17
County of Frederick, Virginia