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January 10 2018 Closed Session and Regular Meeting MinutesUM MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 10, 2018 5:30 P.M. and 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Gary A. Lofton; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout; 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; 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 5:30 p.m. He noted that he and Supervisor McCarthy had a conflict in reference to the first item on the Closed Session agenda. CLOSED SESSION Supervisor Slaughter moved to convene in closed session as follows: (1) Pursuant to Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the Board regarding a legal matter with respect to the County's agreement with the Town of Middletown concerning the Town's consideration of rezoning proposals, said matter requiring the provision of legal advice by such counsel; (2) Pursuant to Section 2,2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the Board regarding a legal matter with respect to the County's rights and responsibilities concerning one or more other political subdivisions of Virginia, said matter requiring the provision of legal advice by such counsel; and (3) Pursuant to Section 2.2-3711(A)(7) and (8) of the Code of Virginia (1950, as amended), for consultation with legal counsel, staff members, and/or consultants employed and/or retained by the Board regarding the matter of Stonewall Industrial Investors, LLC vs. Frederick County, Virginia, et al., currently pending in the Frederick County Circuit Court, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the Board and said matter requiring the provision of legal advice by such counsel. Supervisor Lofton seconded the motion which carried unanimously on a voice vote. Chairman DeHaven and Supervisor McCarthy recused themselves from the closed session. At 6:10 p.m., Chairman DeHaven and Supervisor McCarthy were called into the closed session for the remaining agenda items. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 193 At 6:48 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Supervisor Slaughter, seconded by Supervisor Dunn, with abstentions by Chairman DeHaven and Supervisor McCarthy. Supervisor Slaughter moved that the Board certify that, to the best of each member's knowledge, the Board discussed only the following matters: (1) Pursuant to Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the Board regarding a legal matter with respect to the County's agreement with the Town of Middletown concerning the Town's consideration of rezoning proposals, said matter requiring the provision of legal advice by such counsel. (2) Pursuant to Section 2.2-3711(A)(8) of the Code of Virginia (1950, as amended), for consultation with legal counsel employed by the Board regarding a legal matter with respect to the County's rights and responsibilities concerning one or more other political subdivisions of Virginia, said matter requiring the provision of legal advice by such counsel. (3) Pursuant to Section 2.2-3711(A)(7) and (8) of the Code of Virginia (1950, as amended), for consultation with legal counsel, staff members, and/or consultants employed and/or retained by the Board regarding the matter of Stonewall Industrial Investors, LLC vs. Frederick County, Virginia, et al., currently pending in the Frederick County Circuit Court, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the Board and said matter requiring the provision of legal advice by such counsel. Supervisor Dunn seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Abstain Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Abstain Supervisor Lofton moved for approval of the following resolution as presented in closed session. Supervisor Trout seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Abstain Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Abstain RESOLUTION WHEREAS, in 2005, the County entered into an agreement (the "Agreement") with the Town of Middletown for the administration of proffers accepted by the Town in connection with re -zonings in the Town; and WHEREAS, the Agreement provides that "The County may provide the Town with information concerning the County's calculation of the net cost to the County of public facilities which would be Minute Book Number 43 Board of Supervisors CPosed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 194 generated by the proposed rezoning ., , which information the Town may use in any discussions concerning proffer offers in conjunction with the proposed rezoning"; and WHEREAS, The Village at Middletown, LC has submitted a proffer condition amendment rezoning application (the "Rezoning") to the Town of Middletown, seeking a reduction in certain cash proffers; and WHEREAS, County staff, by letter dated November 8, 2017, provided to the Town cost impact information concerning the Rezoning; and WHEREAS, the Town Council has formally requested that the Board of Supervisors provide its "position on the proffer amendments requested"; and WHEREAS, under applicable law and under the Agreement, the Town Council retains the prerogative to use information provided by the County under the Agreement and to take such action on the Rezoning as it deems appropriate in the exercise of its powers as the governing body of the Town; NOW, THEREFORE, BE TT RESOLVED, that the Board affirms that that the letter from County staff, dated November 8, 2017, states what the County believes the impacts of the Rezoning to be, but that the Board may not otherwise direct or suggest that the Town Council take any particular action with respect to the Rezoning. ADOPTED this 10' day of January, 2018. + + + + + + + + + + + + At 6:55 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Chairman DeHaven recognized Pastor Bobby Alger of Crossroads Community Church who delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2018 A. Election of Vice -Chairman — Gary A. Lofton Elected Chair DeHaven opened nominations for Vice -Chairman. Supervisor Trout nominated Supervisor Wells. Supervisor Dunn nominated Supervisor Lofton. Nominations were closed on a motion by Supervisor Slaughter, seconded by Supervisor McCarthy. On a roll call vote, Supervisor Lofton was elected Vice -Chairman. Supervisor Dunn moved that the vote be recorded as unanimous. Supervisor Slaughter seconded the motion which carried unanimously on a voice vote. B. Adoption of Rules of Procedure - Approved Supervisor Slaughter moved that the Board adopt the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended September 14, 2011, except in the last sentence of the first paragraph of Section 4.4, the word "shall" be changed to "should" providing the Board with more flexibility to allow interested Minute Book (lumber 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 195 citizens to speak to non-public hearing agenda items. She further moved that the Board adopt Robert's Rules of Order Simplified and Applied. Supervisor Dunn seconded the motion which carried on a voice vote. RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I —MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. Section 1-5. Motions Subject to limitations Imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi -part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question Is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. Section 1-9, Robert's Rules of Order; Suspending Rules [Amended 09/14111] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting, Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda, or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10l18 County of Frederick, Virginia 196 such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II -OFFICERS Section 2-1. Chairman and Vice Chairman [Amended 01/14/091 At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 2-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 2-3. Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2-407 and 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Cleric, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III -AGENDA Section 3-1. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4-1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3-3. Posting and Notice A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page at www.frederickcountyva.gov, both outside entrances to the Board of Supervisors' meeting room, the main interior doors to the meeting room, and outside the County Administrator's office. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 197 Section 3-4. Copies The Clerk or Deputy Clerk of the Board shall prepare or cause to be prepared extra copies of the agenda and supporting information and shall make the same available to the Handley Regional Library located at Braddock and Piccadilly Streets, Winchester, Virginia, and the Bowman Library located at 871 Tasker Road, Stephens City, Virginia at the same time the agenda is posted pursuant to Section 3-3, above. Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. The Clerk or Deputy Clerk shall also have a copy of agenda packets available at each meeting. ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06111/03]; [Amended 01/14/041 At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Consent Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes County Officials Committee Reports Public Hearings (When Required) Planning Commission Items -Public Hearings (When Required) Planning Commission/Department-Other Items Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 4-3. Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda", and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as If each had been acted upon individually. Section 4-4. Citizen Comments Period [Amended 41141041 ]Amended 01110/18] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the Consent Agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period should provide their name, the issue they want to address, and their place of residence on the register provided. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are not part of the regular meeting agenda. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their place of residence prior to their comments. Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three minute time limitation. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia Mo-rz Section 4-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 3- 1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE V - PUBLIC HEARINGS Section 5-1. Format for Public Hearings It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the Issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 5-2. Order of Business At public hearings, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff andlor Applicant Presentation (c) Public Comment (d) Close of Public Hearing (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 5-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 54. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 5-5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI -Citizen Responsibilities. Prior to permitting public comment, the Chair shall determine, to the best of his ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair determine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before the hearings begin. Section 5-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 5-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 5-8, Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 199 questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 5-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 5-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive wriften comments up until the time that a vote is taken. ARTICLE A - CITIZEN RESPONSIBILITIES Section 6-1, Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 6-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers, but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 6-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2-2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 6-4. Name and Place of Residence Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and place of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 6-7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shall yield the floor when informed their time has expired. Section 6-8. Registration Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name, place of residence and district. Section 6-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 6-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VII - APPOINTMENTS Section 7-1. Appointments The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of Ol/10/18 County of Frederick, Virginia 20C Section 7,2. Committee Appointments [Amended 011261061 Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member's respective magisterial district or for the county at large. A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a perspective nominee, the following process shall be followed: 1. Applications for vacancies are available through Board members and the County Administrators Office. A completed application shall be required for all initial nominations; however, a completed application for candidates being reappointed shall not be required. 2. Applications shall be received in the County Administrator's Office up to 5:00 p.m. on the Thursday preceding a Board meeting in order that they might be included in the agenda for review by the members of the Board. 3. The applications will be acknowledged at the aforesaid meeting with action on the appointment to be taken at the next regular meeting of the Board. ARTICLE Vill -AMENDMENTS Section 8-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05128/03) (Amended: 06111103) (Amended: 01 /14104) (Amended: 04/14104) (Amended: 01 /25/06) (Amended: 01/14109) (Amended: 09/14/11) (Amended: 01/10/18) C. Selection of a Parliamentarian — County Administrator Elected Supervisor Lofton moved that the Board elect the County Administrator as Parliamentarian. Supervisor McCarthy seconded the motion which carried on a voice vote. D. Selection of Time and Place for Regular Meetings - Approved Supervisor Lofton moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2018. He further moved that should the meeting be cancelled due to inclement weather, it take place on the following evening. Supervisor Wells seconded the motion which carried on a voice vote. E. Chairman's Annual Committee Assignments - Approved Supervisor Dunn moved for approval of the following Board Member Assignments to Committees and Citizen Member Assignments to Committees for 2018 as presented by the Chairman. Supervisor Lofton seconded the motion which carried on a voice vote. Board Member Assignments for 2018 Charles S. DeHaven, Jr. Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate Blaine P. Dunn Code & Ordinance Committee; Human Resources Committee, Chair; Public Safety Committee; Northern Shenandoah Valley Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 201 Regional Commission; Handley Regional Library liaison; Fire & Rescue Association liaison; Tourism Board liaison Gary A. Lofton Finance Committee; Public Works Committee; Technology Committee, Chair; Transportation Committee, Chair; Economic Development Authority; Social Services Board liaison; Agricultural District Advisory Committee liaison; Extension Leadership Council liaison JJ.Douglas McCarthy Code & Ordinance Committee; Human Resources Committee; Public Works Committee, Chair; Technology Committee; Planning Commission liaison alternate; Tourism Board alternate Judith McCann -Slaughter Finance Committee, Chair; Public Safety Committee; Technology Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Conservation Easement Authority; Northwestern Regional Jail Board Shannon G. Trout Code & Ordinance Committee, Chair; Northern Shenandoah Valley Regional Commission; Planning Commission liaison; Sanitation Authority liaison Robert W. Wells Human Resources Committee; Public Safety Committee, Chair; Public Works Committee; Northwestern Regional Jail Board; Parks & Recreation Commission liaison; Landfill Oversight Committee Citizen Committee Assignments for 2018 Code & Ordinance Committee Derek C. Aston Stephen G. Butler James A. Drown Finance Committee Jeffrey S. Boppe Angela L. Rudolph Human Resources Committee Don Butler Dorrie R. Greene Beth Lewin Public Safety Committee Walter "Walt" Cunningham Helen Lake Charles R. "Chuck" Torpy Public Works Committee David W. Ganse, AIA Whitney "Whit" L. Wagner Gene E. Fisher Technology Committee Quaisar Absar Todd Robertson Lorin Sutton Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 202 Transportation Committee James M. Racey, II Barry G. Schnoor ++++++.....+ ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA - APPROVED Mr. 'Tierney noted two corrections to the December 13, 2017, draft minutes which had provided to the Board members. Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the consent agenda was adopted on a voice vote with the two corrections. Consent Agenda items: -Minutes of Closed Session and Regular Meeting, November 8, 2017 -Minutes of Joint Work Session with Sanitation Authority, Planning Commission and Economic Development Authority, November 29, 2017 -Minutes of Regular Meeting, December 13, 2017 -Minutes of Budget Work Session, December 20, 2017 CITIZEN COMMENTS Pat Smith of the Shawnee District noted her concern of a conflict of interest because Supervisor Trout is employed by Frederick County Public Schools. She asked that the Board have a policy preventing Supervisor Trout from voting on any school related issue. BOARD OF SUPERVISORS COMMENTS There were no comments from the Board members. APPROVAL OF MINUTES — APPROVED ON CONSENT AGENDA The minutes of November 8, November 29, December 13, and December 20, 2017 were approved under the consent agenda. EMPLOYEE OF THE YEAR — DAIL D. RITENOUR - APPROVED On motion of Supervisor Wells, seconded by Supervisor Dunn, the Board recognized Dail D. Ritenour as the 2016-2017 Employee of the Year. Chairman DeHaven said that Dail serves as a Communications Officer Ill with Public Safety Communications, and read the following statement: On August 23, 2016, Communications Officer Ritenour received a call in reference to a suicidal male. He obtained all the necessary information from the caller and then placed a call directly to the suicidal individual. During the call, Communications Officer Ritenour was able to calmly build a rapport with the individual and convince him to pull over into a parking lot to speak with deputies. The individual was transported to Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 203 Winchester Medical Center for evaluation. The extra initiative taken by Communications Officer Ritenour had a positive outcome for this call for service. Communications Officer Ritenour is a valuable asset to Frederick County. Chairman DeHaven said the Board of Supervisors extends its gratitude to Dail for his outstanding performance and dedicated service and wishes him continued success in future endeavors. PRESENTATION BY TOURISM BOARD DIRECTOR Justin R. Kerns, Executive Director of the Winchester -Frederick County Convention & Visitors Bureau, highlighted the Bureau's mission and recent efforts saying that it is critical to have the cooperation of both the County and the City of Winchester. COMMITTEE APPOINTMENTS APPOINTMENT OF CARL RUSH TO HISTORIC RESOURCES ADVISORY BOARD -APPROVED Upon motion of Supervisor Trout, seconded by Supervisor Wells, Carl Rush was appointed on a voice vote to fill an unexpired term ending May 22, 2018, on the Historic Resources Advisory Board. RE -APPOINTMENT OF CHRISTOPHER MORN AND KAY DAWSON TO THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon motion of Supervisor Dunn, seconded by Vice Chairman Lofton, Christopher Mohn and Kay Dawson were re -appointed on a voice vote to the Frederick County Planning Commission representing the Red Bud District each for a four-year term ending January 27, 2022. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Mr. Tierney explained the request saying the refund is for personal property taxes paid when the vehicle in question was not located in the County. Upon motion of Supervisor Slaughter, seconded by Vice -Chairman Lofton, the request for a supplemental appropriation and refund to John P. Tagnesi of $5703.23 were approved on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye COMMITTEE REPORTS Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01(10118 County of Frederick, Virginia 204 Human Resources Committee Report (Appendix A) — Approved The Board discussed the Committee's request for eight new positions as follows: a. Commonwealth's Attorney: (1) Legal Secretary (1) Assistant Commonwealth's Attorney b. Department of Social Services: (1) Family Services Worker II C. Public Works (1) Assistant Convenience Site Supervisor d. Fire & Rescue (2) Firefighter/EMT (2) EMS Shift Supervisor Supervisor Wells moved for approval of the eight new positions and approval of the remainder of the Committee Report. Supervisor Durm seconded the motion. Vice - Chairman Lofton said he was confused about adding new positions for fire and rescue since the Board has not seen a draft of the study currently ongoing that will provide better information on the necessary number of new positions in that department. Supervisor Dunn noted that the HR Committee recommends additional positions, but he suggested the Finance Committee determine the number that can be funded. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Nay J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Finance Committee Report (Appendix B)— Approved Supervisor Slaughter moved for approval of the Fire & Rescue Chief's request for a General Fund supplemental appropriation in the amount of $11,441 representing unbudgeted Aid -to -Localities funds received and the Sheriff's request for a General Fund supplemental appropriation in the amount of $7,082.64 representing auto claim reimbursements. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the Sheriff's request for a General Fund supplemental appropriation in the amount of $36,207.35 representing s reimbursements from the State — ICAC. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia OR Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the remainder of the Committee Report. Vice -Chairman Lofton seconded the motion which carried on a voice vote. Transportation Committee Report (Appendix C) -- Approved Renaissance Drive Phase Il — Authorization to Proceed - Approved Vice Chairman Lofton provided a brief overview that was presented to the Committee for the project that will extend Renaissance Drive from Prosperity Drive to Shady Elm Road with a bridge over the CSX Railroad allowing new and existing commercial traffic to access the Route 37 interchange from the South. He said the cost estimate for this project would be $5,791,500,00, and the funding package which has been put together comes from the following sources: • $1,63 8,764. 00-Revenue Sharing VDOT • $633,644.00-Artillery Rezoning Proffer • $451,791.46-Blackburn Rezoning Proffer • $1,080,000.00- Carbaugh Rezoning Proffer (BOS approved December 13, 2017) • $1,995,682.00-Transportation Partnership Opportunity Fund Vice Chairman Lofton said that Staff and the Transportation Committee have recommended proceeding with the project, and he so moved. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Nay Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Springdale Road Truck Restriction Public Hearing — Approved Vice Chairman Lofton said the Committee had received citizens' concerns regarding truck traffic on Springdale Road between Route 11 and the intersection of Shady Elm Road. He said the road has significant horizontal and vertical curvature issues and is approximately 20 feet wide at the widest point. He concluded saying that there is a reasonable alternative route, and the Committee and Staff are seeking a recommendation from the Board of Supervisors on whether to hold a public hearing on the Springdale Road restriction. Vice Chairman Lofton moved that a public hearing be held on the Springdale Road Truck Restriction. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of Ol/10/18 County of Frederick, Virginia 206 J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Vice -Chairman Lofton moved for approval of the remainder of the Committee Report. Supervisor Slaughter seconded the motion which carried on a voice vote. PLANNING COMMISSION BUSINESS Public Hearings: 1. Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, Submitted for Establishment of a Special Event Facility in the RA (Rural Areas) Zoning District. The Property is Located at 4212 Apple Pie Ridge Road, Winchester, Virginia and is Identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. — APPROVED Planner Tyler Klein provided an overview of the request and 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 illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 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. Events may accommodate up to and not to exceed 290 persons. 7. 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. 8. Any expansion or modification of this use will require the approval of a new CUP, The Board and the Applicants discussed closing the private driveway and the question of outdoor music at the proposed event center. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the following ordinance granting the conditional use permit with the restrictions as recommended by the Planning Staff, Vice - Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 207 Robert W. Wells Aye Charles S. DeHavert, Jr. Aye ORDINANCE CONDITIONAL USE PERMIT #08-17 PAUL C. AND MARY A. VALENTINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #08-17 for a Special Event Facility, submitted by Paul C. and Mary A. Valentino was considered. The properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half -mile south of the Frederick CountylWest Virginia Line and approximately two (2) miles north of White Hall Road, and is further identified with Property Identification Numbers 22-A-89 and 22-A- 94, in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on November 15, 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 January 10, 2018; 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 #08-17 for a Special Events Facility on the parcels identified by Property Identification Numbers 22-A-89 and 22-A-94 with the following conditions: 1.. All review agency comments shall be complied with at all times. 2. An illustrative sketch 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. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. 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. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). 9. Any expansion or modification of this use will require the approval of a new CUP. ++++++.....+ Other Planning Items: Discussion — Proposed Ordinance Amendment — Solar (Photovoltaic) Energy Facility Planner Tyler Klein provided an overview saying the proposed amendment to Chapter 165 — Zoning Ordinance would add solar (photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA (Rural Areas) Zoning District. Currently, he said, public utility generating facilities are allowed as a "public utility," and solar generating energy facilities are typically privately -owned and thus do not fall under the definition of a "public utility." Planner Klein said Staff has drafted a revision to the Zoning Ordinance to include a definition for a "solar (photovoltaic) energy facility," provided supplementary use regulations, Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 208 and revised the permitted uses use list for the RA Zoning District to allow solar energy facilities. He said the intent of this modification is to provide additional opportunities for uses in the County's Rural Areas that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. The Board and Planner Klein discussed the fluctuation of energy prices and the length of time before a facility would be considered abandoned. Vice Chairman Lofton said that 365 days seems like a long time before considering a site abandoned. Supervisor Wells noted that such operations could benefit the farming community, but will use up farmable land. Supervisor Slaughter inquired about the amount of land in the County that can be used for such facilities. Planner Klein noted that the required proximity to transmission sites will limit the number of places where solar (photovoltaic) facilities could locate. Supervisor Dunn inquired about landowner maintenance. Chairman DeHaven said he would not want to restrict an individual user who is not a utility. By consensus, the Board asked the Planning Staff to return with further information on the matter. Board Liaison Reports Vice Chairman Lofton, member of the Extension Leadership Council, noted the variety of services offered by Extension including partnering with the Lord Fairfax Health District to provide diabetes counseling and the in -school financial skills program that reached 488 students last year. Vice Chairman Lofton, Social Services Board liaison, noted that the Social Services Board reported 34 substance exposed infants in 2017 which is indicative of the opioid epidemic. Supervisor Dunn noted the earlier election of the Vice Chairman, and said he has the utmost respect for Supervisor Wells, Supervisor Dunn read a statement in support for Virginia House of Delegates HB 163 in order to ask the General Assembly to give the County the authority to raise revenue from developers and builders to offset actual capital costs. He requested that the Board submit a resolution addressing the issue at its next meeting. Citizen Comments (None) Board of Supervisors Comments Supervisor Slaughter said she attended the Problem Solving Research and Independent Study Program recently and was impressed with the amazing projects completed by students from all the County middle schools. Chairman DeHaven welcomed the new Board members. Supervisor Trout thanked the Board for welcoming her. She said that her service on the Board is not a conflict of interest because she is employed by the Frederick County Public Schools which is governed by the School Board rather than the Board of Supervisors. Supervisor Trout said it often happens in the state of Virginia that school employees serve on Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 209 Boards. She said she looked forward to serving the residents of Shawnee District and offered to speak with any constituents who wished to meet with her. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was adjourned at 8:18 P.M. Minute Book ]Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia 210 Appendix A Becky A. .�,.,,,.w�....... ......... .,„„ „unw,,.,.,.,,,,,,L,w.—w,,.,,,,..,�„„ HR Committee met in the First Floor Conference Room at 107 North Kent Street at 0 a.m. on Friday, December 8, 2017. Committee members present were. Supervisors, Robert Wells, Interim Chairman; Blaine Dunn, uglas McCarthy and citizen members Don Butler, and Dorrie Greene. Citizen member not present, h Lewin, Others present were; Kris Tierney, County Administrator; Jay Tibbs, Deputy County inistrator; Erin Swissheim, Assistant County Attorney; Del-ols Blevins, HR Manager; Cheryl ffler, Director of Finance; Jennifer Place, Budget Analyst; Ross Spicer, Commonwealth's Attorney; rew Robbins, Deputy Commonwealth's Attorney; Delsie Jobe, DSS Administrative Services Hager; Joe Wilder, Public Works Director; Dennis Linaburg, Fire Chief; Larry Oliver, Deputy Chief; illiam Orndoff, Jr., Treasurer; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Mal Shelter Manager; and Gloria PufFinburger, Solid Waste Manager. ***items Requiring Board Action*** 1, Fiscal Year 2018-2019 Requests for New Positions All new position requests submitted as part of the FY2018-2019 budget are brought to the HR Committee for review and recommendation as to the need for the position(s) and whether or i the position(s) should be created. The only action being sought from the committee was a recommendation regarding the creation of any new positions. Funding consideration for any n+ positions will be dealt with separately as part of the overall budget process. After listening to the presentations from the various departments, the Committee approved the creation of 8 of the 9 requested positions. The attached position allocation chart shows the current number of funded positions for each department. The chart also contains columns reflecting the number of new positions being requested by the various departments and the Committees' recommendations. The Committee is seeking Board approval of the position allocation chart and with the newly recommended positions. a. Commonwealth's Attorney L (1) Legal Secretary li. (1) Assistant Commonwealth's Attorney Upon a motion by Blaine Dunn, seconded by Don Butler, the Committee recommended approval of both positions requested by the Commonwealth's Attorney, The motion was approved unanimously. 107 North Kent Street, Winchester, VA 22601 Frederick County Board of Supervisors Minutes - January 10, 2018 211 b. Department of Social Services i. (1) Family Services Worker II Upon a motion by Doug McCarthy, seconded by Don Butler, the Committee recommended approval of the Family Services Worker position requested by the Department of Social Services. The motion was approved unanimously. c. Public Works i. (1) Assistant Convenience Site Supervisor ii. (1) Animal Caretaker Upon a motion by Blaine Dunn, seconded by Don Butler, the Committee recommended approval of the Assistant Convenience Site Supervisor requested by Public Works. The mot! was approved unanimously. Dorrie Greene made a motion to recommend approval of the Animal Caretaker position, the was no second; with the lack of a second, the motion was not considered. d. Fire & Rescue i. (2) Firefighter/EMT iL (2) EMS Shift Supervisor Upon a motion by Blaine Dunn, seconded by Dorrie Greene, the Committee recommended approval of the four positions requested by Fire & Rescue. The motion was approved unanimously. ***Xterns Not Requiring Action*** Fire & Rescue shared information about the Fire & Rescue Career Development Program changes which will be included on the HR Committee Agenda in January. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, January 19, 2018 at 9:00 am, Respectfully submitted, Human Resources Committee Robert W. Wells, Interim Chairman Blaine P. Dunn J. Douglas McCarthy Don Butler Beth Lewin Dorrie Greene BY, 0 Becky A. M iner Director of Liman Resources 107 North Kent Street, Winchester, VA 22601 Frederick County Board of Supervisors Minutes - January 10, 2018 212 Appendix B TO: Board of Supervisors FROM: Finance Committee DATE: December 20, 2017 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 20, 2017 at 8:00 a.m. All members were present. () Items 1 and 2 were approved under consent agenda. (0) Items 4 and 5 do not require Board action. A budget work session immediately followed. FINANCE COMMITTEE 1. ( ) The Fire & Rescue Chief requests a General Fund supplemental aopropriation in the amount of S11,441. This amount represents unbudgeted Aid -to -Localities funds received. No local funds required. See attached memo, p. 3-4. 2. (LI) The Sheriff requests a General Fund supplemental appropriation in the amount of $7,082 64 This amount represents auto claim reimbursements. No local funds required. See attached memos, p.5-8. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $36 207 3S This amount represents reimbursements from the State —ICAC. No local funds required. See attached memo, p. 9-10. The committee recommends approval. 4. () The Sheriff requests a reallocation of funds previously approved for equipment. See attached memo, p. 11-12. The committee endorsed the request. 5. (0) The Airport Executive Director provides aircraft and ramp fee information as requested by the committee. See attached information, p. 13-18. The committee determined the information to be sufficient. Frederick County Board of Supervisors Minutes - January 10. 2018 an BUDGET WORK SESSION 1. Discussion on the FY 2o19 budget. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for November 2017. See attached, P. 19. 2. The Finance Director provides financial statements ending November 30, 2017. See attached, p. 20 — 30. 3. The Finance Director provides an FY 2018 Fund Balance Report ending December 13, 2017. See attached, p. 31. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe Cheryl B. Shiffler, Finance Director Frederick County Board of Supervisors Minutes - January 10, 2018 214 Appendix C MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of December 18, 2017 DATE: December 27, 2017 The Transportation Committee met on Monday, December 18, 2017 at 8:30 a.m. Members Present Gary Lofton Chairman (voting) Judith McCann -Slaughter (voting) Gene Fisher (voting) James Racey (voting) Barry Schnoor (voting) Kevin Kenney (liaison PC) The Committee submits the following: Members Absent Mark Davis (liaison Middletown) Lewis Boyer (liaison Stephens City) ***Items Requiring Board Action*** 1. Renaissance Drive Phase II —Authorization to Proceed (see attached): A brief overview was presented to the Committee for the project that will extend Renaissance Drive from Prosperity Drive to Shady Elm Road with a bridge over the CSX Railroad, this would be approximately .5 miles. A two (2) lane shoulder and a ditch section except the bridge which will be a full future four (4) lane section. This will allow new and existing commercial traffic to access the Route 37 interchange from the South. The cost estimate for this project would be $5,791,500.00. The funding package which has been put together comes from the following sources: • $1,638,764.00-Revenue Sharing VDOT • $633,644.00-Artillery Rezoning Proffer • $451,791.46-Blackburn Rezoning Proffer • $1,080,000.00- Carbaugh Rezoning Proffer (SOS approved December 13, 2017) • $1,995,682.00-Transportation Partnership Opportunity Fund There are no backstop agreements with this project. Staff has recommended to proceed with this project. Frederick County Board of Supervisors Minutes - January 10, 2018 215 -2- Upon a motion by Mr. Fisher, seconded by Mr. Racey, the Committee recommended approval to proceed with one Committee member voting against. 3. Springdale Road Truck Restriction (see attached): A brief overview was presented to the Committee regarding citizens' concerns with truck traffic on Springdale Road between Route I 1 and the intersection of Shady Elem Road. The road has significant horizontal and vertical curvature issues. The roadway is approximately 20 feet wide at the widest point. It is generally narrower. There is a reasonable alternative route. The Staff is seeking a recommendation to the Board of Supervisors on whether to hold a public hearing on the Springdale Road restriction. Staff recommends that this be forwarded to a public hearing. Upon a motion by Mrs. McCann -Slaughter, seconded by Mr. Racey the Committee forwarded this proposal for the Springdale Road restriction to the Board of Supervisors for public hearing with recommendation for approval. The motion was unanimously approved. ***Items Not Requiring Board Action*** 2. Green Spring Road Speed Limit: The residents of Green Spring Road have raised concerns regarding the speed limit. Staff has been coordinating with the VDOT Traffic Engineering Department to consider this issue. The VDOT Staff has determined that a lower speed limit is likely. Staff is seeking the Committee is in concurrence for VDOT to move forward with conducting a speed study if required. By consensus, the Committee chose to concur with VDOT's decision if further study is needed. 4. County Project Updates Tevis Street Extension/Airport Road/1-81 Bridge: Full Bridge plans are undergoing review for final comment. Airport Road and the Roundabout are expected to be at 60% within 2 weeks. Environmental surveys are complete. On site test boring for signal pole design is expected shortly. Renaissance Drive: Covered under Item 1 Valley Mill Road Realignment: No activity at this time. Coverstone Drive: No activity at this time. Frederick County Board of Supervisors Minutes - January 10, 2018 216 -3- Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicant and noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following, a meeting was held at which the agreement was discussed, and Staff is awaiting feedback from the Applicant. No new action as of this agenda. Staff has reached out to the Applicant's engineer and no update was provided. 4. Upcoming Agenda Items: November/December MPO Route I 1 South Stars Study December/January Oakdale Crossing Traffic Calming Study SmartScale Applications Discussion Old Charlestown Road Bridge 5. Other Business: JAB/ks Frederick County Board of Supervisors Minutes - January 10. 201 a 217 ep'-A't66 Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kris . Ti ney Cler , Boar ervisors Minutes Prepared By: Ann W. Phillipi— Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 01/10/18 County of Frederick, Virginia