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February 28 2018 Regular Meeting Minutes269 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 28, 2018 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; Mark Cheran, Zoning & Subdivision Administrator; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors were present. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:03 p.m. INVOCATION Supervisor Dunn delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Vice Chairman Lofton moved that the Consent Agenda be approved. Supervisor Dunn seconded the motion. The Consent Agenda was approved on a voice vote. -Minutes: Budget Work Session of February 14 2018 -CONSENT AGENDA APPROVAL -Minutes: Re ular Meeting of February 14 2018 -CONSENT AGENDA APPROVAL -Minutes. School Board Joint Work Session of February 21, 2018 -CONSENT AGENDA APPROVAL -Minutes: Budget Work Session of February 21 2018 -CONSENT AGENDA APPROVAL -Finance Committee Report (Appendix 1 - CONSENT AGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 2 - CONSENT AGENDA APPROVAL Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 -Resolution honoring David W. Ganse - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE LIFE OF DAVID "DAVE" W. GANSE WHEREAS, David "Dave" W. Ganse was born in 1954 in Lancaster, Pennsylvania, to Marjorie A. Ganse and the late Robert G. Ganse, and WHEREAS, Dave graduated from James Wood High School as a member of the Class of 1972 before attending Virginia Tech, and WHEREAS, Dave was a respected architect in the Winchester and Frederick County community and established his own firm, David W. Ganse, ALA Architect, which he maintained until his retirement in 2017, and WHEREAS, Dave was inducted into the James Wood Hall of Fame in 2012 for his high school prowess in football, wrestling and track, and was also an avid guitarist and performed with several bluegrass bands throughout his life and WHEREAS,. Dave unselfishly gave back to his community by offering to share his time and expertise serving as a member of the Frederick County Board of Building Appeals from November 1993 through January 2018 and the Frederick County Public Works Committee from May 2013 through January 2018, and NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for David Ganse and honors his life of leadership, dedication, and contribution to the community. ADOPTED this 28th day of February 2018, + + + + + + ..... + -Resolution honoring Jim Wilson - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE LIKE OF JANES THOMAS "JEW' WILSON WHEREAS, James Thomas "Jim" Wilson was born on July 30, 1933 in Clarke County, Virginia, son of the late Raymond Thomas Wilson, Sr. and Virginia Dora Hughes Wilson, and WHEREAS, Jim served in the U. S. Army, was a lifetime member 33 Degree Mason and attended Fairview United Methodist Church in Stephens City, and WHEREAS, Jim was the original owner and operator of Valley Redi-Mix in Stephens City, Virginia, and WHEREAS, Jim unselfishly gave back to his community by offering to share his time and expertise serving as a member of the Frederick County Public Works Committee from January 1992 through December 2017 and the Frederick County Landfill Oversight Committee from September 1997 through April 2006, and WHEREAS, Jim provided valuable insight when the Committees discussed projects involving solid waste and recycling issues and offered the businessman's perspective, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for James Wilson and honors his life of leadership, dedication, and contribution to the community. ADOPTED this 28th day of February 2018. ..... t .... + -FCPS request to 1participate in the Spring 2018 VPSA Bond Sale and seta public hearing for March 14 2018 - CONSENT AGENDA APPROVAL + + + + + + + + + + + + CITIZEN COMMENTS Joan Thorp, Back Creek District, said that her daughter is a student at Aylor Middle School, suffers with headaches and nausea because of the air quality at Aylor, and has missed Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 County of Frederick, Virginia 271 more than 30 school days this year. She said the County has a responsibility to fix the issue of the sick building. BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS APPOINTMENT OF JEFF BOPPE TO LORD FAIRFAX COMMUNITY COLLEGE BOARD - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, Jeff Boppe was appointed on a voice vote to the Lord Fairfax Community College Board to serve out an unexpired term ending June 30, 2019. RE -APPOINTMENT OF BRYAN J. GREEN TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, Bryan J. Green was re -appointed on a voice vote to the Conservation Easement Authority for a three-year term ending March 14, 2 02 1. APPOINTMENT OF HARVEY E. STRAWSNYDER TO THE FREDERICK COUNTY PUBLIC WORKS COMMITTEE AND THE FREDERICK COUNTY PUBLIC SCHOOLS BUILDING AND GROUNDS COMMITTEE AS THE BOARD OF SUPERVISORS LIAISON — APPROVED Chairman DeHaven said he had appointed Harvey E. "Ed" Strawsnyder as a citizen member of the Public Works Committee and as the Board of Supervisors liaison to the Frederick County Public Schools Building and Grounds Committee. APPOINTMENT OF GARY R. OATES TO THE FREDERICK COUNTY TRANSPORTATION COMMITTEE — APPROVED Chairman DeHaven said he had appointed Gary R. Oates as a citizen member of the Transportation Committee. GFOA AWARD Chairman DeHaven said the Government Finance Officers Association of the United States and Canada (GFOA) has awarded Frederick County, Virginia the GFOA's Distinguished Budget Presentation Award for its budget. He said the Government Finance Officers Association established the Distinguished Budget Presentation Award Program in 1984 to encourage and assist state and local governments to prepare budget documents of the highest quality that reflect Minute Book Number 43 Board of supervisors Regular Meeting of 02/28/18 r,..... a.. ,.ter. __a__:..�. •r__n___ 272 best practices on budgeting and to recognize individual governments that succeed in achieving that goal. He continued saying that documents submitted are reviewed by GFOA professionals and by outside reviewers with each reviewer rating the budget document in regard to 27 specific categories. Chairman DeHaven said the award is given for documents rated proficient or outstanding, and Frederick County has been a recipient of this award for 32 consecutive years. He recognized Cheryl Shiffler, Finance Director, and Jennifer Place, Budget Analyst, for their leadership in earning the County the Distinguished Budget Presentation Award for the past 27 years. RE UEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS --- APPROVED Mr. Tierney explained the request saying the refund is for overestimated business license tax fees for 2017. Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the request for a supplemental appropriation and refund to Integrity Staffing Solutions Inc. of $5228.76 was approved 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 — SUPPLEMENTAL APPROPRIATION FOR NEW AYLOR MIDDLE SCHOOL - REQUEST FOR MEETING WITH SUPERINTENDENT OF FREDERICK COUNTY SCHOOLS Supervisor Trout stated she wants to disclose for the record, relative to this item and pursuant to the State and Local Government Conflict of interests Act, that she is employed by Frederick County Public Schools as a teacher and therefore is a member of a group who is or may be affected by the item, and that she is able to participate in the transaction fairly, objectively, and in the public interest. Supervisor Dunn suggested that the Board meet with Dr. Sovine, Superintendent of Frederick County Public Schools for further discussion regarding Aylor Middle School. Supervisor McCarthy noted that Dr. Sovine had offered to meet again and agreed with Supervisor Dunn's suggestion. Supervisor Wells said he agreed with the suggestion also. Mr. Tierney said he would schedule the work session with Dr. Sovine and the School COMMITTEE BUSINESS FINANCE COMMITTEE: GENERAL FUND SUPPLEMENTAL APPROPRIATIONS - APPROVED Supervisor Slaughter moved that items 1 through 3 on the Finance Committee Report (see Appendix 1) and the supplemental appropriations be approved. Supervisor Dunn seconded the motion which carried on a roil call vote as follows: Minute Book Number 43 Board of supervisors Regular Meeting of 02/28/18 County of Fredericks, Virginia 2731 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 Supervisor Slaughter moved for approval of a General Fund budget transfer in the amount of $25,000 from salaries to client services as requested by the VJCCCA. Supervisor Wells seconded the motion 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING CONDITIONAL USE PERMIT #01-18 for BRYAN M. HENRY - DENIED Submitted for Establishment of a Landscaping Contracting Business in the RA (Rural Areas) Zoning District. The Property is Located at 639 Reliance Road, Middletown, Virginia and is Identified with Property Identification Number 91-A-77 in the Opequon Magisterial District. Mark Cheran, Zoning & Subdivision Administrator, explained the request for a Conditional Use Permit for the making and selling of mulch on site to the public and is classified as a landscape contracting business. He said this proposed use will take place on a 73+/- acre tract of land located in the RA (Rural Areas) Zoning District and that a landscape contracting business is allowed use within the RA Zoning District with an approved Conditional Use Permit. Mr. Cheran said the Health Department has no objections to the proposed wood waste recycling business and the dwelling and the office are currently served by a private water supply (well). He continued saying the proposed business will use a tub grinder to make, store, and sell mulch to the public, and highlighted the following items based on the description of the use provided by the Applicant: - the hours of operation for the business will be Monday -Saturday from 7:00 a.m, to 7.00 p.m. - two (2) storage bays will be used to store mulch, - there will be no more than four (4) employees on -site, -the site will not have more than four (4) business vehicles on the premises. -the business office for this proposed use will be within an accessory structure with customer and employee parking -there will be one (1) monument sign to be five (5) foot in height and no more than fifty (50) square foot sign at the site entrance facing Route 627 (Reliance Road) -the Applicant has agreed to the conditions assigned to the CUP. Mr. Cheran said should the Board of Supervisors find this application for a landscaping contracting business to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: Minute Book dumber 43 Board of Supervisors Regular Meeting of 02/28/18 274 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. One, non -illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet in height and no more than fifty (50) square feet in area. 4. Hours of operation shall be Monday -Saturday 7:00 a.m. to 7:00 p.m. 5. The Tub Grinder to operate Monday —Friday 9:00 a.m. to 5:00 p.m. 6. The commercial entrance must be constructed prior to operation. 7. The site should have no more than four (4) employees with Winchester -Frederick County Health Department approval. 8. Any expansion or change of use shall require a new Conditional Use Permit. Chairman DeHaven opened the public hearing. The public hearing speakers were as follows: Robbie Molden, Opequon District, said his residence is 0.2 miles from the proposed business. He said the increase in truck traffic concerns him, and the tub grinder is a manufacturing function that should be in a manufacturing area. Shawn Graber, Back Creek District, said his taxes have gone up 30% in the last few years. He said Mr. Henry has agreed to many rules to stark his business and is a tax payer also. He said the Board should consider that Mr. Henry is a tax payer. Nadine Pelfer(?) said she owns a horse farm one property away from the proposed business site. She said the possible 50 trucks a day means a truck every 14 minutes coming by the houses which are close to the road. She said this will ruin the lives of the residents on the road. She noted that mulch piles are dangerous because of fires and are better suited to industrial areas where water is accessible. Tammy Bresinski said she represented her father who has lived across the road from the proposed business site for 58 years. She noted her concerns of dust, debris, and noise. She said the business will have an impact on the community and should be located elsewhere. Charles Madigan, Opequon District, said he lives across the road from the proposed business and is concerned about air and water quality. He noted the road is being considered for truck restriction in adjoining Warren County. He added that the use should be located in an industrial area. John Pike, Opequon District, said he is next door to the proposed business. He said noise and traffic are big concerns, and he does not wish to see the area go from rural to industrial. (No name given) stated concerns about truck traffic and fire safety and agreed with the previous speakers who were opposed to the business locating at the proposed site. Chairman DeHaven closed the public hearing. The applicant, Bryan Henry, said that he anticipated only five to ten trucks per day rather than the 50 that VDOT had suggested for the upper limit allowed. He said the mulch piles would not be large and that he has two ponds on the property for use as water supplies. He concluded saying that he lives on the property, wants it to be peaceful and does not want to affect the Minute Book !Number 43 Board of Supervisors Regular Meeting of 02/28/18 County of Frederick, Virginia 27 community. In response to Supervisor Trout's question about dyes, Mr. Henry said he will not be using dyes. Supervisor Dunn inquired about the business use for clearing the property or as an outlet for others. Mr. Henry said the business will be used for both. Supervisor Slaughter asked about the type of trucks that will be coming and going from the business. Mr. Henry said that eventually dump trucks would be used. Supervisor Dunn asked for clarification on the possible truck restriction on Reliance Road. Mr. Cheran said that any restriction would be for through traffic, but if the trucks were destined for the business location, then the restriction would not apply. Supervisor Slaughter asked if the use is more typical in an industrial zone. Mr. Cheran said there are currently three or four similar businesses in the RA zone. Supervisor Wells said he visited the site and is concerned about the proposal. He said that the use is not appropriate for the area and he moved for denial of Conditional Use Permit ##01-18. Supervisor McCarthy seconded the motion. Vice Chairman Lofton said the area should be able to support the use. Supervisor Trout agreed. The motion for denial carried as follows: Blaine P. Dunn Gary A. Lofton J. Douglas McCarthy Judith McCann -Slaughter No Shannon G. Trout No No Robert W. Wells Aye Aye Charles S. DeHaven, Jr. Aye Aye ....+.++++++ COMPREHENSIVE PLAN AMENDMENT FOR MULTIFAMILY BUILDING OFF SENSENY ROAD — APPROVAL TO BEGIN THE AMENDMENT PROCESS Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, the Board approved the commencement of the comprehensive plan amendment process as initiated by a Board member for a property located behind St. Paul's on the Hill Episcopal Church on Senseny Road on a voice vote. CITIZEN COMMENTS Shawn Graber, Back Creek District, thanked Supervisors Dunn, Lofton, and Trout for their vote on the conditional use permit. He said his taxes have gone up 28.47% in three years. Mr. Graber said the schools have requested millions in spending, and he is concerned about the spending on design rather than on the real needs. Derek Rinker, Opequon District, thanked Supervisor Dunn for the recent Town Hall meeting. He thanked the Board for considering his plan for a tax credit for county residents. Mr. Rinker continued comparing Fredrick County's tax rate of .60 to Fauquier County's tax rate is .975. He said growth does not lower taxes, it raises them. He said localities need to plan. Mr. Rinker said as a parent, he learned of a boy who is afraid to go to Aylor to because of his health. He asked the Board to take the issue seriously and do what needs to be done. Keith Howard, Opequon District, said he had taught at Aylor 28 years and replacing the building needs to be the top priority. He said the building is woefully behind in improvements Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 276 and the children are made to feel like second class citizens. He urged the Board to consider the tax rate and fully fund the replacement. Joy Kirk, Back Creek District, said she is president of the Frederick County Educational Association. She noted her day spent with pre -kindergarten and kindergarten students and their enthusiasm for learning. She thanked the Board for allowing good things to happen in the County. She said she also engaged some middle school students, finding it a positive experience, and assured the Board that good things are happening in the schools. Ainsley Rucker, Opequon District, said she is a junior at Sherando High School and is member of the principal's advisory committee. She said she has learned that the school resource officer is not able to stay at school all day. She said funds shoud be increased at the sheriffs office to allow an officer to be at school all day to protect the students. Darrell Velt, Opequon District, hopes the Board is considering the possibility of growth for the area. He said new businesses are drawing residents looking for strong schools and services. He said the more people that come, the lower the taxes will be. Walter Ourts, Shawnee District, suggested that the work session regarding Aylor be held after business hours to allow more resident to attend. He said the most important investment needs to be in the children and that the Aylor building needs to be replaced. Mara said she is a parent of an Aylor student and she knows the building has been on the list for improvement. She cited several maintenance issues including some classroom doors that do not lock, and safety is her biggest concern. She noted an earlier incident where an intruder was reported and teachers and students were not able to lock the classroom doors. Jessica and Sophia said they are eighth grade students representing the Aylor Middle School Student Council Association, and the building needs attention. They said the CO2 levels are a concern and asked that the Board not overlook the needs at Aylor. Dana Newcomb, Gainesboro District, said there is a question of the life of a building. He said he is concerned about the school board asking for millions for new buildings when the maintenance of the existing buildings is not up to standard. He said the maintenance of the buildings is the responsibility of the Board of Supervisors as well as the School Board. He said it is time for serious discussions with the School Board and if maintenance is not being done, those responsible should be fired. Shawn Graber, Back Creek District, said he is also concerned about the millions spent by the schools and where the money has been spent if not on maintenance. He suggested that the County explore arming school staff to protect students. Mr. Graber said he has heard that the school internet is being used to gather support for school related or other political issues. He said if this is happening, those involved should be fired. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said that the Board is truly trying to look for solutions to the Aylor school issue. Supervisor Trout thanked Miss Rucker for speaking on the school safety issue and all the Minute Book Number 43 Board of supervisors Regular Meeting of 02/28/18 County of Frederick, Virginia 277 speakers for taking the time to address the Board. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:17 P.M. Minute Book ]Number 43 Board of supervisors Regular Meeting of 02/28/18 278 Appendix 1 TO: Board of Supervisors FROM: Finance Committee DATE: February 21, 2018 SUBJECT: Finance Committee & Budget Work Session Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 21, 2018 at 3:45 p.m. All members were present. (') Items 1, 2, and 3 were approved under consent agenda. A budget work session followed at 4:00 p.m. FINANCE COMMITTEE 1. () The Sheriff requests a General Fund supplemental appropriation in the amount of $1,000. This amount represents a DARE donation. No local funds required. See attached memo, p, 3. 2. ( ) The Sheriff requests a General Fund supplemental appropriation in the amount of 5 051.12. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p. 4. 3. (0) The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $6,996., This amount represents a property claim reimbursement for water damage at Millwood Fire Station. No local funds required. See attached memo, p. 5. 4. The VJCCCA requests a General Fund budget transfer in the amount of $25,000 from salaries to client services. No local funds required. See attached memo, p. 6. The committee recommends approval. BUDGET WORK SESSION 1. Discussions were held on the FY 2019 budget. The Frederick County Public Schools Superintendent presented the school's proposed FY2019 budget. INFORMATION ONLY 1. The Deputy County Administrator provides information regarding the Triennial Applications for Real Property Tax Exemptions. See attached information, p. 7 — 52. 2, The Finance Director provides a Fund 10 Transfer Report for January 2018. See attached, p. 53. 3. The Finance Director provides financial statements ending January 31, 2018. See attached, p. 54 — 64, 4. The Finance Director provides an FY 2018 Fund Balance Report ending February 15, 2018. See attached, p. 65. Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 279 S. Frederick County has received the Distinguished Budget Presentation Award for the fiscal year 2018 budget from the Government Finance Officers Association of the United States and Canada (GFOA) for the 315t consecutive year. See the attached award letter, p. 66 — 67. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By Cheryl B. Shiffler, Finance Director Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 Appendix 2 COUNT`' of FREDERICK Parks and Recreation Department 540/665-5678 65-9687 E-mail: fcprd@fcva.us MEMO www,fcprd.net To: Jay Tibbs, Deputy County Administrator for Human erv. es From: Jason L. Robertson, Director, Parks & Recreation De Subject: Parks and Recreation Commission Action Date: February 21, 2018 The Parks and Recreation Commission met on February 20, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Amy Strosnider, and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Guss Morrison, Charles Sandy, Jr. Items ReguiringBoard ofSuQervi,sors Action: None Submittedfor Board Information Only: 1. Buildings& Grounds Committee- Frederick Heights Plan -The Buildings and Grounds Committee recommended submitting the Frederick Heights Plan with the Preserved Open -Space option, then once bids are received, consider moving to the BMP filtration option if project budget allows, second by Mr. Fordney, motion carried unanimously (6-0). 2 Youth Sports Committee -Youth Sports Partners Agreements -The Youth Sports Committee recommended to accept the YSP Agreements with Blue Ridge Youth Soccer, Frederick County National Little League and Frederick CountyAmerican Little League, second by Mr. Longerbeam motion carried unanimously (6-0). cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison 107 North Kent Street ® Winchester, Virginia 22601 Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28/18 County of Frederick, Virginia GUI n�� A �6 71C- Charles S. DeHaven, Jr. Chairman, Board of Supervisors K ' lo�arof Clerk, pervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Regular Meeting of 02/28118