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February 14 2018 Closed Session and Regular Meeting Minutes229 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 2018 6:30 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; Candice Perkins, Assistant Planning Director; Tyler Klein, Planner; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors were present. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:34 p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Section 2.2-3711 A (5), of the Code of Virginia, 1950, as amended, for discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community. Supervisor Wells seconded the motion which carried on a voice vote. At 6:53 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 Vice Chairman Lofton, seconded by Supervisor McCarthy. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board, Supervisor Trout seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye At 6:54 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia MR CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Supervisor Slaughter moved that the Consent Agenda be approved. Supervisor McCarthy seconded the motion. Regarding the Consent Agenda item on General Assembly legislation referencing transparency and a locality's financial data appearing on the internet, Supervisor Dunn said that he is opposed unless residents request the option. The Consent Agenda was approved on a voice vote, -Minutes: Regular Meetine of January 10, 2018 -CONSENT AGENDA APPROVAL -Minutes: School Board Joint Work Session of January 16 2018 -CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of January 17, 2018 -CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of February 7 2018 -CONSENT AGENDA APPROVAL -Finance Committee Report (Appendix 1) - CONSENT AGENDA APPROVAL -Human Resources Committee Report (Appendix 2) - CONSENT AGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 3 - CONSENT AGENDA APPROVAL -Public Works Committee Report (Appendix 4) - CONSENT AGENDA APPROVAL -Transportation Committee Report (Appendix 51 - CONSENT AGENDA APPROVAL -Amendment of Rules of Procedure - CONSENT AGENDA APPROVAL 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. Minute Book Number 43 - Board of Supervisors Closed Session and Regurar Meeting of 02/14/18 County of Frederick, Virginia 23' 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 14. 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 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 09114111] [Amended 02114118] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of 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 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 01/14109] 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 31 st 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. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 232 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 Clerk, 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 [Amended 02114118] 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.fcva,us, and outside the main entrance to the Board of Supervisors' meeting room. Section 3-4. Copies [Amended 02/14118] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired, ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06/11/03]; [Amended 01114104]; [Amended 02114/18] 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 (Will contain Minutes and Committee Reports) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments County Officials Committee Business Public Hearings (When Required) Planning Commission Items -Public Hearings (When Required) Planning Commission/Department-Other Items Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 233 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 4/141041 [Amended 01/901181; [Amended 02/14118] 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 Magisterial District of residence on the register provided. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the and 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 Magisterial District 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. 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. Formatfor 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 234 (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Hearing (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion andfor 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 5-4. 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, property 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 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 written comments up until the time that a vote is taken. ARTICLE VI - 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. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 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 Magisterial District of Residence [Amended 02/14/181 Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District 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 [Amended 02/14118] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 6-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements andlor 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. Section 7.2. Committee Appointments [Amended 01/25/06]; [Amended 02114/18] 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 Administrator's 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. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE VIII - 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; 05/28/03) (Amended: 06/11103) Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 2?6 (Amended: 01114104) (Amended: 04114104) (Amended: 01125/06) (Amended: 01114109) (Amended: 09114111) (Amended: 01110/18) (Amended: 02114118) ..... + + + + + + + -Resolution addine L nnehaven Dr, to Secondary Road System - CONSENT AGENDA APPROVAL RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day of February, adopted the following: WHEREAS, the streets described on the attached Form AM-43, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + ... . -Resolution honoring Tom Baker - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE LIFE OF TOM BAKER WHEREAS, Tom Baker was born 1938 in Winchester to the late Mary Sullivan Baker and Charles B. Baker, and graduated in 1956 from Handley High School where he was president of his class, and WHEREAS, Tom Baker went on to attend Virginia Tech graduating in 1960 with a degree in Electrical Engineering and settled with his wife Sheila in Winchester in 1963, and WHEREAS, under the guidance of Tom and his wife Sheila, Camp Fantastic serving those children and families affected by cancer was conceived and funded beginning in 1983, and WHEREAS, Tom Baker also co-founded Special Love, Incorporated, to support and fund future Camp Fantastic events and activities, and WHEREAS, the Winchester -Frederick County community greatly benefited from the dedicated efforts and tireless energy of Tom Baker in his many community -based endeavors, including the donation of their home and surrounding land by Tom and his wife to help create the Youth Development Center, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for Tom Baker and honors his life of leadership, dedication, and selfless volunteerism in the community. ADOPTED this 14th day of February 2018. ++++++....++ -Resolution of appreciation for retiree Jose h G. Dove - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION - JOSEPH G. DOVE Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14118 County of Frederick, Virginia 237 WHEREAS, Joseph G. Dove served Frederick County, Virginia, for approximately 25 years as an employee at the Northwestern Regional Adult Detention Center; and WHEREAS, Joseph G. Dove began his career as a Correctional Officer in 1992 and received promotions to Correctional Officer II in 1995, Correctional Officer III in 1997, Sergeant in 1998, and Lieutenant in 2005; and WHEREAS, during his tenure, Joseph G. Dove progressively took on additional responsibilities and extra assignments and was noted for the accuracy of his work as well as his superior communication skills; and WHEREAS, Joseph G. Dove was an effective leader and team player who excelled at multitasking of the various required duties and was widely recognized as one who could be depended upon to help others in a time of need, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Joseph G. Dove for his dedication and dependability and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 14" day of February 2018. + + + + + + + + + + + + -Resolution of appreciation for retiree Linda Gail Baker - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION LINDA GAIL BAKER WHEREAS, Linda Gail Baker served Frederick County, Virginia, for approximately 33 years as an employee in the Parks and Recreation Department; and WHEREAS, Linda Gail Baker became a part-time employee in 1982 and then began her full-time career as a Clerk Typist II in 1984 and received promotions to Clerk Typist III in 1990, Secretary II in 1994, and Registration Specialist in 1999; and WHEREAS, during her tenure, Linda Gail Baker was noted for her attention to detail and her efforts to ensure the accuracy of her work; and WHEREAS, Linda Gail Baker continued to enhance her customer service skills in order to benefit the County residents and assisted in increasing the efficiency of the Parks and Recreation office NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Linda Gail Baker for her dedication and dependability and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 14th day of February 2018. +++++++++++.. -Resolution on Proffer Legislation Reform- CONSENT AGENDA APPROVAL Resolution Strongly Encouraging the General Assembly's Most Serious Consideration to Meaningful Reform of the Proffer Legislation WHEREAS, in 2016 the Virginia General Assembly passed SB 549 Conditional Zoning; provisions applicable to certain rezoning proffers, which was enacted as § 15.2-2303.4 as an amendment to the Code of Virginia; and WHEREAS, this change has caused confusion at the locality level as to its implementation and application to the rezoning process and has hindered communication between localities and the development community as to the best way to address the impacts of development; and WHEREAS, the Frederick County Board of Supervisors in 2017 and in 2018 included the reconsideration of SB 549 as part of its legislative priorities; and WHEREAS, during the 2018 General Assembly Session several bills were introduced as an attempt address concerns with § 15.2-2303.4; and WHEREAS, House Bill 163, patroned by Delegate R. Lee Ware, was a good fast step in providing localities with some guidance relative to the implementation of this law; and WHEREAS, HB 163 and many of the other proposed bills relative to proffers have been passed by. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors strongly encourages the Virginia General Assembly to give its most serious consideration to meaningful reform of the proffer legislation through these and other bills as it moves forward between now and the 2019 Session, and in the 2019 Session, so as to allow local government to protect the interests of the taxpayers in meeting the impacts of development. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 238 ADOPTED this 14th day of February, 2018 -Resolutions regarding General Assembly Legislation , CONSENT AGENDA APPROVAL A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Gooditis OPPOSE House Bill 786 (Mark L. Keam) and House Bill 787 (Mark L. Keam) now pending before the Virginia General .Assembly WHEREAS, the Virginia General Assembly has convened to consider the passage of legislation that would amend laws affecting the authority and operation of Virginia local governments; and WHEREAS, House Bill 786, introduced by Delegate Mark L. Keam, provides that on an appeal to court for relief from local taxes, the taxpayer shall not be required to show that the assessment is a result of manifest error or disregard of controlling evidence; and WHEREAS, House Bill 786 also provides that on an appeal to court for relief from local taxes, a taxpayer can rebut the presumption of correctness if any one of the three mistakes under current law was made by the asssessor; and WHEREAS, House Bill 786 would increase the number of cases that are appealed to the circuit court which would increase legal costs for localities; and WHEREAS, House Bill 787 would provide that on appeal of a real property assessment to a board of equalization, the taxpayer shall not be required to show that the assessment is a result of manifest error or disregard of controlling evidence; and WHEREAS, House Bill 787 would increase the number of cases that are appealed to the Board of Equalization. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to pending House Bill 786 and House Bill 787 and requests that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis join in opposing and voting to disapprove House Bill 786 and 787. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution to Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Gooditis OPPOSE House Bill 1471 (Timothy D. Hugo) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passage of legislation that would amend laws affecting the authority and operation of Virginia local governments; and WHEREAS, the Board of Supervisors believes House Bill 1471, introduced by Timothy D. Hugo, would allow an aggrieved employee to decide whether the final step in a local grievance procedure would be before an administrative hearing officer or a three -member panel. Currently, Frederick County's Personnel Policy provides that the final step shall be an impartial three -member panel hearing. Furthermore, if there is a question whether the relief granted is consistent with written policy, the proposed bill states such determination shall be made by the Commonwealth Attorney rather than the County Administrator who currently makes such a determination. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to pending House Bill 1471 and requests that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis join in opposing and voting to disapprove House Bill 14 71. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution to Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock and Wendy Gooditis OPPOSE Senate Bill 751 (Glen H. Sturtevant, Jr.) now pending before the Virginia General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passage of legislation that Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 239 would amend laws affecting the authority and operation of Virginia local governments; and WHEREAS, Senate Bill 751, introduced by Glen H. Sturtevant, Jr., would require every locality with a population greater than 25,000 to post on their websites a register of all transactions that would include the vendor name, date of payment, amount and description of the type of expense; and WHEREAS, the Board of Supervisors believes that Senate Bill 751 would require significant staff time to implement since staff would need to review the transactions and input the necessary data; and WHEREAS, the Board of Supervisors believes that localities should have the local option of complying with the unfunded mandate; and NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest opposition to pending Senate Bill 751 and requests that Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis join in opposing and voting to disapprove Senate Bill 751. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution to Senator Jill Vogel and Delegates Christopher E. Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 A Resolution to strongly request that Senator Jill Vogel and Delegates Christopher E, Collins, David LaRock and Wendy Gooditis SUPPORT Senate Bill 108 (L. Louise Lucas) now pending before the Virginia. General Assembly WHEREAS, the Virginia General Assembly has convened to consider the passage of legislation that would amend laws affecting the authority and operation of Virginia local governments; and WHEREAS, Senate Bill 108, introduced by Senator L. Louise Lucas would provide that an order of publication for the enforcement of a lien for taxes owed on real property that has a value of $50,000 or less need be published only once; and WHEREAS, under current law, such order is required to be published at least once a week for two successive weeks; and WHEREAS, the majority of the properties sold in Frederick County for past -due taxes have a value of $50,000 or less; and WHEREAS, the Board of Supervisors believes that this change would save money for Frederick County while still adequately notifying interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Frederick County, Virginia, hereby expresses its strongest support to pending Senate Bill 108 and requests that Senator Jill Vogel and Delegates Christopher E, Collins, David LaRock, and Wendy Gooditis join in supporting and voting to approve Senate Bill 108. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of the County of Frederick, Virginia directs the Clerk to send a copy of this resolution to Senator Jill Vogel and Delegates Christopher E, Collins, David LaRock, and Wendy Gooditis. ADOPTED this 14th day of February, 2018 ++.+++++++++ CITIZEN COMMENTS Joy Kirk, Back Creek District, noted that tax relief for the elderly is available through the Commissioner of the Revenue, and she asked the Board to help make the public aware of this option. She also suggested that the Board consider adjusting the criteria for eligibility for such relief. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn reiterated the comments made by Ms. Kirk, COUNTY OFFICIALS: Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 240 EMPLOYEE OF THE MONTH — CHARLES L. SIMPSON - APPROVED Chairman DeHaven recognized Charles Simpson as Employee of the Month and read the fallowing resolution: 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, Charles L. Simpson who serves as a Correctional Officer II with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, On Friday December 8, 2017, Officer Charles Simpson was working in the facilities Special Management Unit and was conducting his security rounds when he observed an inmate laying in his bunk and appeared to be sleeping. Officer Simpson took a few extra seconds to scan the area and discovered that the inmate was unresponsive and in possible need of medical assistance. Officer Simpson then called to get Nursing staff in the area and eventually assisted in getting the inmate to the medical department to be evaluated. The inmate was sent to the hospital and placed in the critical care unit to receive treatment. Due to Officer Simpson's diligence and utilizing his job experience and extensive knowledge, the inmate received treatment and was returned to the facility; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14' day of February 2018, that Charles L. Simpson is hereby recognized as the Frederick County Employee of the Month for February 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Charles L. Simpson for his outstanding performance and dedicated service and wishes him continued success in fixture endeavors; and, BE IT FURTHER RESOLVED, that Charles L. Simpson is hereby entitled to all of the rights and privileges associated with his award. ..... + + + + + + + COMMITTEE APPOINTMENTS APPOINTMENT OF CHARLES DEHAVEN TO DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Chairman DeHaven said without objection, he planned to serve out the unexpired term ending June 28, 2018. APPOINTMENT OF DAWN ROBBINS TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, Dawn Robbins was appointed on a voice vote to the Community Policy and Management Team to serve an unexpired two-year term ending June 30, 2018. APPOINTMENT OF ALAN MORRISON TO THE SOCIAL SERVICES BOARD AS GAINESBORO DISTRICT REPRESENTATIVE - APPROVED Upon motion of Supervisor McCarthy, seconded by, Vice Chairman Lofton, Alan Morrison was appointed on a voice vote to the Social Services Board representing the Gainesboro District to serve an unexpired four-year term ending June 30, 2021. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS.: - APPROVED Mr. Tierney explained the requests saying the refunds are for personal property taxes paid Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 241 when the vehicles in question were not located in the County. Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the request for a supplemental appropriation and refund to Northeastern Supply, Inc. of $3680.34 was 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 Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the request for a supplemental appropriation and refund to Lease Plan U.S.A., Inc. of $2756.19 was 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 APPOINTMENT OF GARY LOFTON TO PRESCHOOL COMMUNITY TASK FORCE —APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, Vice Chairman Lofton was appointed on a voice vote to the Preschool Community "task Force. EXTENSION OF SEWER SERVICE OUTSIDE OF SEWER AND WATER SERVICE AREA — APPROVED Mr. Tierney said the business owner's property is located just south of the service area near Middletown. Supervisor Dunn asked if there were costs to the County associated with extending service outside the service area and Mr. Tierney said there were no costs. Vice Chairman Lofton said he had been approached by the business owner who had health department approvals but was unable to expand his onsite septic system and has requested water and sewer service be extended. Vice Chairman Lofton moved for approval of the following resolution authorizing extension of water and sewer service, Supervisor Dunn 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 RESOLUTION AUTHORIZING THE FREDERICK COUNTY SANITATION AUTHORITY (DBA FREDERICK WATER) TO PROVIDE SEWER SERVICE OUTSIDE OF THE SEWER AND WATER SERVICE AREA TO SERVE AN EXISTING BUSINESS (SHAFFERS BBQ PALACE, LLC) WHEREAS, An existing business, on a 0.92-acre lot, is seeking the use of public sewer for its existing business. The property is located at 8140 Valley Pike on the west side of Valley Pike (Route 11), south of the Town of Middletown, immediately adjacent to the Cedar Creek Battlefield, and is identified by Property Identification Number 91-A-27, in the Back Creek Magisterial District; and WHEREAS, This extension of sewer service would only serve the existing business; and, WHEREAS, The extension of sewer service outside of the Sewer and Water Service Area request was Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 242 sponsored and presented to the Board of Supervisors by the Back Creek Magisterial District Supervisor on February 14, 2018. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia approves the extension of sewer service outside of the Sewer and Water Service Area for the 0.92-acre parcel; and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby authorize the Frederick County Sanitation Authority (dba Frederick Water) to serve the 0.92-acre parcel. Adopted this 14th day of February, 2018. + + + + + f + + + + + + COMMITTEE BUSINESS FINANCE COMMITTEE: GENERAL FUND ADJUSTMENT - APPROVED Supervisor Slaughter explained that following the failure to win a grant, the Fire and Rescue Department requested that the County appropriate an additional $1 million during the FY 19 budget year to replace aging SCBA units. She said the department recently learned that it can save money by purchasing all 327 units at one time. Supervisor Slaughter moved that the Board of Supervisors approve a General Fund adjustment in the amount of $607,880.50 to allow the Fire and Rescue Department to purchase the units before the July deadline. Supervisor Wells seconded the motion, Vice Chairman Lofton noted that the purchase before July 1 means a savings compared to the higher costs after that date and said it is prudent to move forward with the purchase. Supervisor Dunn noted that much of the equipment is 20 years old. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter said the Audit Committee met and received a clean audit opinion from Robinson Farmer Cox. She added that RFC complimented the staff on the budget documents, and she thanked the Finance Dept, staff for a job well done. HUMAN RESOURCES COMMITTEE: THREE NEW POSITIONS - APPROVED Supervisor Dunn moved for approval of three new positions: Assessor I and Account Clerk I in the office of the Commissioner of the Revenue, and GIS Technicianin the Information Technology Department. Supervisor Wells seconded the motion. Chairman DeHaven noted the action authorizes but does not fund the positions. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye TRANSPORTATION COMMITTEE: AMENDMENT OF COMMITTEE CHARTER -APPROVED Vice Chairman Lofton said following Chairman DeHaven requested a review of the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/1$ County of Frederick, Virginia 243 Committee Charter regarding membership to ensure consistency with other Board of Supervisor Committees. He said it was determined that the Transportation Committee Charter, currently has two (2) citizens and two (2) Board of Supervisor members in the Charter while other Board Committees have three (3) citizens and three (3) Board of Supervisor members. Vice Chairman Lofton moved that the Board of Supervisors amend the Committee Charter to increase the Committee membership to three (3) citizens and three (3) Board of Supervisor members. 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 PUBLIC HEARING Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye REZONING #06-17 FOR K & J INVESTMENT, LLC - APPROVED Submitted by Stowe Engineering, PLC, to Rezone 2.459+/ Acres from the RA (Rural Areas) District to the B2 (General Business) District with Proffers, 0.936+/- Acres of Land Zoned RP (Residential Performance) District to the B2 (General Business) District with Proffers, and 0.488+/- Acres of Land Zoned M1 (Light Industrial) District to the B2 (General Business) District with Proffers. The Properties are Located at the Northeast Corner of the Intersection of Martinsburg Pike and Snowden Bridge Boulevard and are Identified by Property Identification Numbers 43-A-147, 43-A-148, 43-A-149, and 43-A- 151C in the Stonewall Magisterial District. Senior Planner Candice Perkins said the request is to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. She said the current zoning of the properties are RA, RP, and Ml, the site is located within the Sewer and Water Service Area (SWSA). Ms. Perkins said the site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan which identifies these properties with a commercial land use designation, and in general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. She said with this rezoning, the Applicant has proffered to limit the number of and to restrict entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane, a 20' right-of-way dedication for Martinsburg Pike, corridor enhancements, and a monetary contribution of $0.10 per building square foot for Fire and Rescue. She concluded saying the Planning Commission did not identify any concerns with the request and recommended approval of the application at their January 17, 2018 meeting. Vice Chairman Lofton asked why Ezra Lane is shown as a public road. Tim Stowe of Stowe Engineering said he represents the applicant. He said Ezra Lane is shown as public because there are other users on the Lane, and it is hoped that VDOT will maintain the road as it extends to other users. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved that the Board of Supervisors approve the Ordinance titled Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 2414 Rezoning 406-17 K & J Investments, LC, amending the Zoning District Map. Supervisor McCarthy seconded the motion adopting the following ordinance which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-17 K&J INVESTMENTS, LC WHEREAS, REZONING #06-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to rezone 2.459f acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936± acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0,4881 acres of land zoned M1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017 was considered. The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. The properties are located in the Stonewall Magisterial District and are identified by Property Identification Nos. 43-A-147, 43-A-148, 43-A-149 and 43-A-151C; and WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2018 and recommended approval; and WIIEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14, 2018; 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 four (4) parcels of land, 2.459f acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936t acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned M1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14th day of February 2018 ++++++.....+ PLANNING COMMISSION BUSINESS: SETTING CIP PUBLIC HEARING FOR MARCH 14, 2018 - APPROVED Senior Planner Candice Perkins provided an overview of the Capital Improvements Plan (CIP), She said it is a document that consists of a schedule of major capital expenditures for the County for the ensuing five-year period, as well as, a category for long term projects and is intended to assist the Board of Supervisors in preparation of the County budget. She noted that the inclusion of projects on the CIP is in no way an indication that Frederick County will be undertaking these projects, that it is strictly advisory; it is intended for use as a capital facilities planning document, not for requesting funding allocations, Ms. Perkins said once adopted, project priorities and cost estimates may change throughout the year based on changing circumstances. She concluded saying that this updated CIP format was endorsed by the Board of Supervisors with the approval of the 2017-2022 CIP, and staff is requesting that the Board set a public hearing for March 14. Chairman DeHaven praised the staff on the hard work in refining the improved CIP document. Supervisor Slaughter moved that the Board of Supervisors approve the resolution setting a public hearing on the CIP for March 14, 2018. Supervisor Dunn seconded the motion Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 245 which carried on a roll call vote as follows; Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye DISCUSSION: PROPOSED ORDINANCE AMENDMENT — SOLAR (PHOTOVOLTAIC) ENERGY FACILITY —REFERRED BACK TO STAFF Planner Tyler Klein said this is a proposed amendment to Chapter 165 — Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA (Rural Areas) Zoning District. He said currently, public utility generating facilities are allowed as a by right use in the RA district under the definition of "public utility" and solar generating energy facilities are typically privately -owned and thus do not fall under the definition of a "public utility." Mr. Klein said this item was discussed by the Development Review and Regulations Committee (DRRC) at their July 27, August 24, and September 28, 2017 regular meetings, and the DRRC agreed with the proposed changes. He said the Planning Commission discussed this item on November 15, 2017 and agreed with the proposed changes. Mr. Klein said the Board of Supervisors discussed this item on January I O,h and advised staff to make revisions which are reflected in the new proposed text amendment. He said the changes include: clarifying the differentiation between the utility scale of a solar energy facility and the smaller facility for personal use; further revision of the discontinuance/abandonment provisions including requiring a 30-day notice in writing by the owner to the Zoning Administrator, and the removal of all equipment within a two (2) year timeframe; and adding a provision to the supplementary use regulations that "solar energy facilities" be located on a minimum of six acres as consistent with the definition. He clarified the definition of a solar energy photovoltaic facility (i.e. solar farm) as primarily generating energy to be sold to a utility. He noted that a facility intended to offset the personal energy consumption of a user does not constitute a solar energy facility (i.e. solar farm). Supervisor Slaughter said she had concerns about the facilities being a by right use. She said she would prefer that the interested landowners apply for a Conditional Use Permit, adding that the use could later be changed to by right if the Board chose to do so. Supervisor Dunn said he had concerns about the use in rural areas and such facilities are better suited to an industrial area. Vice Chairman Lofton asked if the matter could go as is to public hearing, with the Board having the ability later to change the language to by right, County Attorney Williams said as a practical matter, staff would have to prepare two versions of the amendment. The Board discussed the solar farm use in various zoning districts. Supervisor Slaughter said the option does assist farmers by providing an alternative use for their land. Supervisor Wells said the parcels that could be used for this purpose are limited by several factors such as proximity to power transmission lines. The Board discussed whether solar panels could be placed on buildings in industrial Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia 246 areas. Vice Chairman Lofton moved that the issue be sent back to staff with the recommendation that it be resubmitted to the Board with solar farm use requiring a Conditional Use Permit. Supervisor Slaughter seconded the motion which carried unanimously on a voice vote. BOARD LIAISON REPORTS Vice Chairman Lofton, liaison to the Social Services Board, noted the impact of the opioid crisis on foster care. CITIZEN COMMENTS Alison Behan, Stonewall District, said she was upset by some earlier comments referencing saving money on fire and rescue equipment by purchasing now, because the Board has not used this process when funding school needs. She said the schools need repairs now and she does not like the children being put aside when they are the future of the community. Walter Hoots, Shawnee District, spoke in favor of the proposed Aylor school replacement project. He said fire and rescue funding is important, but so are supporting the teachers and students and they should have a nice environment in which to work and learn. He said the costs to address the issue will not go down, they will only rise. Brandi Hammond, Shawnee District, said she is concerned that the County is not keeping up with growth. She said emergency response times in the County are long, and she is concerned about the decreasing number of volunteers. Ms. Hammond said last year there were some areas of the County where response times were 20 minutes. She said the schools have not kept up either, adding that the Board of Supervisors has underfunded the school budget, She urged to Board use proffers, tap into reserve funds, and raise taxes since the County rates are low even though incomes are higher than the state average. Cary Ann Kite, Shawnee District, said the Board has a hard job balancing the needs of the growing population. She said the increase in retirees means fire and rescue services will need to increase. She said the school age population growth also means more teachers are needed. She asked if meals taxes could be increased and said that raising property taxes should be reconsidered to bring in more revenue. Cary Carmichael, Shawnee District, reiterated the comments from the previous speakers about fully funding the schools and the fire and rescue needs. Brandi Hammond, Shawnee District, continued her earlier remarks about the tax rates being lower than the state average while the incomes are higher. She said the County is in a reactive state and she would like the Board to start planning and being more proactive about Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02114/18 County of Frederick, Virginia 247 funding the needs of the community. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn announced a February 17 Town Hall Meeting he is hosting and invited all to attend. Supervisor McCarthy, Chairman of the Public Works Committee, noted the death of Committee member David Ganse. He offered condolences to the Ganse family and requested that staff draft a resolution honoring the service of Mr. Ganse. Supervisor Wells also extended condolences on the passing of Mr. Ganse, calling him a good friend and servant to Frederick County who will be greatly missed. He added thanks to those who spoke about funding issues and urged the Board and School Board to apply similar thoughtful logic to funding capital needs. Supervisor Trout thanked the citizens who attended and addressed the Board. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:11 P.M. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02I14l18 County of Frederick, Virginia 248 BOS Minutes of February 14, 2018 - Appendix 1 Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: January 18, 2018 SUBJECT: Finance & Audit Committees Reports and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 17, 2018 at 3:00 p.m. An Audit Committee meeting immediately followed. All members were present. A budget work session followed at 4:00 p.m. FINANCE COMMITTEE 1. The Fire & Rescue Chief provides information on the SCBA replacement costs, and notification that potential grant funding was not awarded, which will result in the use of local funds. See attached memo, p. 3 — 4. The committee reached consensus on proceeding with the purchase now, and a General Fund adjustment in the amount of $607,880.50 to follow at the next scheduled Board of Supervisors meeting as a consent item. AUDIT COMMITTEE 1. David Foley from Robinson, Farmer, Cox Associates will present the FY 2017 CAFR and be available for discussion of the upcoming FY 2018 audit. The FY 2017 CAFR is available in dropbox or online at: www.fcva.us/CAFR. See attached memo, p. 5 — 6. The committee accepted the report and authorized the Finance Committee Chairman to sign the engagement letter for the FY 2018 audit. No Board action required. BUDGET WORK SESSION 1. Discussion on the FY 2019 budget. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for December 2017. See attached, p. 7. 107 North Kent Street 9 Winchester, Virginia 22601 249 Finance & Audit Committees Reports and Recommendations January 17, 2018 Page 2 2. The Finance Director provides financial statements ending December 31, 2017. See attached, P. 8 —18. 3. The Finance Director provides an FY 2018 Fund Balance Report ending January 11, 2018. See attached, p. 19. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe Cheryl B. Shiffler, Finance Director 0I 250 BOS Minutes of February 14, 2018 - Appendix 2 County of Frederick Becky A. Merriner Director of Human Resources (540)665-5668 Fax: (540) 665-5669 bmerriner@fcva.us TO: Human Resources Committee and Board of Supervisors FROM: Becky A. Merriner, HR Director DATE: January 19, 2018 SUBJECT: HR Committee Report The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 9:00 a.m. on Friday, January 19, 2018. HR Committee members present were: Chairman. Blaine Dunn, Board of Supervisor, and citizen members Don Butler, Beth Lewin, and Dorrie Greene. Others present were: Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Erin Swisshelm, Assistant County Attorney; DeLois Blevins, HR Manager; Cheryl Shiffler, Director of 'Finance; Jennifer Place, Budget Analyst; C. William Orndoff, Jr., Treasurer; Sharon Kibler, Assistant Finance Director; Ellen Murphy, Commissioner of the Revenue; Jane Anderson, Commissioner of the Revenue Chief Deputy/Real Estate Supervisor; Scott Varner, Director of Information Technology; Patrick Fly, GIS Manager; and Mike Ruddy, Director of Planning. ***Items Requiring Board Action*** 1. Fiscal Year 2018-2019 Requests for New Positions a. Commissioner of the Revenue i. Assessor I lk Account Clerk I Upon a motion by Don Butler, seconded by Beth Lewin, the Committee recommended approval of both positions requested by the Commissioner of the Revenue. The motion was approved unanimously b. Information Technology i. GIS Technician Upon a motion by Don Butler, seconded by Beth Lewin, the Committee recommended approval of the GIS Technician position requested by the Director of Information Technology. The motion was approved unanimously. 2. Employee of the Month (February), see attached. The Committee reviewed the attached employee of the month for February. Upon a motion by Beth Lewin, seconded by Dorrie Green, the Committee recommended approval; the motion was approved unanimously. Officer Charles Simpson will be recognized at the Board of Supervisors meeting on February 14tn 107 North Kent Street, Winchester, VA 22601 251 ***Items Not Requiring Action*** HR Quarterly Reports (July —December), see attached. There being no further business, the meeting was adjourned, The next HR Committee meeting is scheduled for Friday, February 9, 2018 at 9:00 am, Respectfully submitted, Human Resources Committee Blaine P. Dunn, Chairman Robert W. Wells, J. Douglas McCarthy Don Butler Beth Lewin Dorrie Greene BY: A "" _pd't ' Becky A. Director of Human Resources 107 North Kent Street, Winchester, VA 22601 252 BOS Minutes of February 14, 2018 - Appendix 3 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: January 10, 2018 The Parks and Recreation Commission met on January 9, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., Amy Strosnider, and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Guss Morrison Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Election of Chairperson — Mr. Madagan moved to nominate Mr. Randy Carter as Chairperson, second by Mr. Sandy, motion carried unanimously (7-0). 2. Election of Vice Chairperson — Mr. Madagan moved to nominate Mr. Charles Sandy, Jr. as Vice -Chairperson, motion carried unanimously (7-0). 3. Youth Sports Partner Policy — Mr, Madagan moved to adopt the Youth Sports Partners (500.02) policy as submitted, second by Ms. Gerometta, motion carried unanimously (7-0). The Youth Sports Partners policy is attached. 4. Recreation Reserve Fund — The Finance Committee of the Parks and Recreation Commission recommends the creation of the School Ground Maintenance Equipment Fund within the Recreation Reserve Fund, second by Mr. Sandy, motion carried unanimously (7-0). Please find attached the Recreation Reserve Fund Policy. This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. Attachment cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison 251 BOS Minutes of February 14, 2018 - Appendix 4 COUNTY of 1€REDERICK Department of Public works $401665.5643 FAX: 540/67"32 MEMORANDUM TO: Board of Supervisors FROM: Joe C. Wilder, Director of Public Works Jl SUBJECT: Public Works Committee Report for Meeting of January 30, 2018 DATE: February 1, 2018 The Public Works Committee met on Tuesday, January 30, 2018, at 8:00 a.m. All members were present except Whit Wagner. The following items were discussed: ***Items Not Requiring Action*** 1. Miscellaneous Reports: a) Tonnage Report (Attachment 1) b) Recycling Report (Attachment 2) c) Animal Shelter Dog Report (Attachment 3) d) Animal Shelter Cat Report (Attachment 4) 2. Update on the new Stephenson Convenience Site: Work has been progressing on -site. Kee Construction continues to do grading operations on -site. It is anticipated that the project will be completed by the end of May 2018. Some utility work still needs to be completed including Verizon, Comcast and water main replacement. 3. Update on the closing of the Clearbrook Convenience Site: Recently, staff contacted Carmeuse to discuss the closing of the existing convenience site located on their property. Currently, we are supposed to close the existing site by March 31, 2018, They indicated we may be able to keep using the site beyond March 31, 2018. We will keep everyone updated on this matter. If we need to close this site, we will operate a temporary site on the property adjacent to the existing ballfields. 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 254 Public Works Committee Report Page 2 February 1, 2018 4. Update on Citizen Convenience Sites and holiday waste volumes: We discussed the recent trash volumes from the holiday season (Attachment 5). The one big issue is the usage at the Bryarly (Albin) Convenience Site. Due to peak usage, over 1,300 vehicles visited the site on December 26, 2017. The traffic was backed up onto Indian Hollow Road. It was discussed by the committee that this site needs to be replaced or expanded to deal with the increased usage. The replacement of the Bryarly Site is on the Capital Improvement Plan (CIP) list. 5. Discuss Clarke County waste issue: We also discussed some changes with solid waste collection and Clarke County (Attachment 6). Clarke County is doing away with their county stickers, We have used those county stickers to determine how many people utilize our shared sties for trash drop-off. Through discussion, we agreed we are going to set up a meeting with Clarke County officials in the near future to discuss the usage of the shared sites and draft an agreement. 6. Update on the new Frederick County Animal Shelter building addition: We gave an update on the design of the proposed training facility building at the Frederick County Animal Shelter (Attachment 7). We are advancing the design to 30% and then meeting with the building subcommittee for additional review and comments. We will then advance the design to 100% and prepare to bid in late spring of 2018. 7. Update on transportation projects: We discussed the Tevis Street/Airport Road project. The design is advancing past 60% and hopefully will bid in late spring of 2018 (Attachment 8). We indicated the current engineers estimate to be $16 million. We anticipate completing the project in the first quarter of 2020. 8. Update on Landfill projects and the new tire shredder: Staff provided an update on current projects happening at the Landfill. We discussed the new tire shredder being used at the landfill. We currently operate the Northern Shenandoah Valley Regional Commission (NSVRC) tire shredding program at the Landfill. A new permanent shredder was installed last year. We are currently reviewing costs to operate the program and will be working with them as we update the M.O.V. with the NSVRC and Frederick County (Attachment 9). We are also starting to develop the next M.S.W. Cell, Phase 3, Cell A. We need to remove over 500,000 cubic yards of rock over the next couple years in preparation for a new liner system to be placed in several years. 9. Update on the disposition of the old Frederick County Middle School: The Frederick County School Board is conveying the old Frederick County Middle School and property back to the Board of Supervisors. Frederick County will need to dispose of the building and the property. Recommendations on different options to dispose of the property will be coming back to the Public Works Committee very soon. The committee will make recommendations to the Board of Supervisors on the best options available. The Board of Supervisors can then decide on how they would like to proceed. We anticipate discussing the different options soon. 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 255 Public Works Committee Report Page 3 February 1, 2018 10. Update on the Stormwater Program Annual Maintenance Fees: Staff requested item number 8 be added to the agenda to discuss an update on the Frederick County Stormwater Program. As part of the program that was adopted in 2014, we can charge an annual maintenance fee if there is an active Virginia Stormwater Management Permit (V.S.M.P.). The department has not charged this annual maintenance fee since we have had to work very hard in developing our program to comply with DEQ requirements. We are now able to enforce this part of our ordinance — Chapter 143 of the Frederick County Code (Attachment 10). We are going to reach out to active permit holders and give them until July 1, 2018 to terminate any active permits. After that, the annual maintenance fee will be assessed. This annual maintenance fee will increase our revenue and help fund a possible new enforcement position in a future budget. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells David W. Ganse, AIA Whitney "Whit' L. Wagner Gene E. Fishery Joe . Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Mike Stewart, Senior Project Manager Kathy Whetzel, Animal Shelter Manager file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 256 BOS Minutes of February 14 2018 - Appendix 5 Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE. Transportation Committee Report for Meeting of January 22, 2018 DATE: February 6, 2018 The Transportation Committee met on Monday, January 22, 2018 at 8:30 a.m. Members Present Gary Lofton Chairman (voting) Judith McCann -Slaughter (voting) James Racey (voting) Barry Schnoor (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ***Items Requiring Board Action*** Committee Charter Update (see attached): Board Chairman DeHaven requested a review of the Committee Charter regarding membership to ensure consistency with other Board of Supervisor Committees. It was determined that the Transportation Committee Charter, currently has two (2) citizens and two (2) Board of Supervisor members in the Charter while other Board Committees have three (3) citizens and three (3) Board of Supervisor members. Staff is seeking a recommendation to the Board of Supervisors on whether to increase the Committee membership to three (3) citizens and three (3) Board of Supervisor members. Staff recommends the increase in membership. Upon a motion by Mr. Schuoor, seconded by Mr. Racey to forward an increase in membership of the Committee to the Board of Supervisors for recommendation of approval. The motion was unanimously approved. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 257 ***Items Not Requiring Board Action*** 2. SmartScale Application Discussion: The Committee discussed the SmartScale applications for the upcoming submission period of March 1, 2018 until August 1, 2018, The County is allowed four (4), Metropolitan Planning Organization (MPO) four (4) and the Regional Commission (RC) four (4) applications. The following is a preliminary list of potential applications discussed: Exit 307 Improvements Frederick County, MPO, RC Improvements to the Exit 307 ramps (potential roundabouts) taking advantage of residual study funds from the Exit 307 Interchange Modification Study to strengthen the application. Exit 317 and Redbud Road Frederick County, MPO, RC The realignment of the Exit 317 Northbound exit ramp to Route 11 and associated realignment of Redbud Road. This was a previous unsuccessful application that would now be strengthened due to funding allocated to Redbud Road and an improved cost estimate. Route 11 North (4 lane widening) Frederick County, MPO The widening of Route I to 4-lanes from Snowden Bridge Boulevard to Old Charlestown Road. This was applied for last time as a 6-lane section. Scaling it down would potentially make the application stronger. Route 11 South (Shawnee Drive Area) Frederick County, MPO, Winchester This potential application is a scaled down version of the previous application that was submitted through the MPO. A full project scope could vary but initial discussion was based upon the widening of the bridge at the City/County line. Route 11 South (Stars Study Results) Frederick County, MPO The Scope of this application is yet to be determined as this was a study contracted for through the MPO to develop applications along this corridor is currently underway. The draft should be received within the next few weeks. Exit 313 Bridge Frederick County, MPO, RC The Exit 313 bridge and its structurally deficient status continues to be an item of significant concern. This was applied for previously, however, VDOT has since directed design funding onto the bridge and made a scope modification which should make a new application more competitive. Route 37 (Lenoir Drive slip ramps) Frederick County, MPO This potential new application would propose to implement the slip ramps from the end of Lenoir Drive in Stonewall Industrial Park onto and off Route 37 258 southbound and has the potential to remove significant truck trips from the Route 11 North corridor. Route 277 (Sherando Park Entrance) Frederick County This intersection improvements to the Sherando Park entrance is in accordance with the Comprehensive Plan. This would address the growing conflicts in this area. Costello Drive/Route 522 Intersection Frederick County This intersection is experiencing significant stacking for southbound lefts onto Costello Drive. This project would look to help that situation through the implementation of double lefts and perhaps additional improvements to channel trips destined for Costco into their entrances. Route 7 Frederick County Staff and VDOT are reviewing potential small improvements to the Route 7 corridor that could be competitive applications. Inverlee Way Frederick County This area is getting a lot of attention from the residents with concerns. VDOT studies are high for the traffic in this area. The Comprehensive Plan does call for a 4-lane section in this area. All the items discussed are in accordance with the Comprehensive Plan. Mr. Lofton asked if applications would have a better chance of getting approved if submitted at a different level e.g., MPO, RC or Frederick County. Mr. Terry Short of VDOT answered that all applications are scored the same. The Committee will re -visit the shortlist of potential applications at next month's meeting. 3. County Project Updates Tevis Street Extension/Airport Road/1-81 Bridge: Staff has received the'review comments, which have been forwarded to the engineer. Renaissance Drive: Kickoff meeting was held on January 11 th, with all of the key design stakeholders who were able to attend. VDOT is providing an update authorization to proceed and survey work is beginning the week of January 15th Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Staff has recently received phone calls from the private partner with questions on details and timelines. 259 4. Upcoming Agenda Items: February Continuation of Smartscale Application Work MPO Route 11 South Stars Study Transportation Forum follow-up Oakdale Crossing Traffic Calming Study March Begin Interstate, Primary and Secondary Road Plan updates 5. Other Business: Old Charlestown Road Bridge update from VDOT ILAMA !M W11 Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kris . Tier Clerk, Boar upervisors. Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 02/14/18 County of Frederick, Virginia