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March 28 2018 Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 28, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order Invocation Pledge of Allegiance Adoption of Agenda Attachment Consent Agenda ---------------------------------------------------------------------------------------------------------- A Minutes Budget Work Session of March 14, 2018 Closed Session & Regular Meeting of March 14,2018 --------------------------------- B Hiatt Run Apartments – Resolution Requesting VHDA Funding ----------------------------------------------------- C Resolution of Appreciation for Judy Lynn Hesse Citizen Comments – Agenda Items that are not thesubject of a Public Hearing Board of Supervisors Comments County Officials --------------------------------------------------------------------------------- D Committee Appointments Handley Regional Library Board 2 applications received One unexpired 4-year term ending 11/30/21, Committee Appointments, continued Economic Development Authority 3applications received One unexpired 4-year term ending 9/10/18, Social Services Board - Red Bud District Representative One unexpired 4-year term ending 06/30/20 Board of Building Appeals No applications received One unexpired 5-year term ending 11/10/2018, Parks and Recreation Commission – Red Bud District Representative 4-year term of Christopher Fordney ends 4/28/18 ---------------------------------E Requestsfrom the Commissioner of the Revenue for Refunds Federal Express Corp. -$2832.03 Merrimak Capital Company LLC -$3934.76 D L Peterson Trust -$7517.92 Judy Excavating & Landscaping -$7693.04 Committee Business- None Public Hearings(Non Planning Issues) Outdoor Festival Permit Request of Waveland Farm, LLC----------------------------------F (Cyndie Layman)–Fergison Wedding. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, PermitRequired; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festivalto be Held on Saturday, April 21, 2018, from 10:00 A.M. to 10:00 P.M.on the Groundsof 1211 Marlboro Road, Stephens City, Virginia, Back CreekMagisterial District.Property Owned by Waveland Farm, LLC. Fiscal Year 2018-2019 Budget------------------------------------------------------------------------G The Board of Supervisors of Frederick County invites comments on the Proposed Budget for the fiscal year ending June 30, 2019. Planning Commission Business None - Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn MINUTES Frederick County Board of Supervisorsand Finance Committee Budget Work Session Wednesday,March 14, 2018 5:00p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice-Chairman Gary A. Lofton; Blaine P. Dunn;Judith McCann-Slaughter; J. Douglas McCarthy; Robert W. Wells and Shannon G. Troutwere present. Finance Committee Members present: Jeffrey Boppe; absent: Angela Rudolph Staff present : Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator; Ellen Murphy, Commissioner of the Revenue; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director;Becky Merriner, Director of Human Resources; Lenny Millholland, Sheriff; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:00p.m. DISCUSSION The Board and Committee discussed the options for the $1.4 million in excess funds budgeted in school debt.By consensus, the Board agreed the $1.4 million will be used to reduce the use of the $2.5 million fund balance. The Board and Committee discussedthe proposed one cent tax increase and by consensus agreed the expected $1,000,000 should be held in the general fund until a decision on the use of the funds is made. By consensus, the Board agreed to meet for a follow up budget work session on April 4, 2018, at 5:30pm. PRESENTATION Sheriff Millholland asked HR director Becky Merriner to provide background information on staffing levels in the Sheriff’s Department as related to scheduled and 1 Minutes* Budget Work Session FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 unscheduled leave and providing relief staff coverage. Ms. Merriner explained the process used to determinethat the Sheriff’s Departmentneeds eight additional employees. Sheriff Millholland explained calls for service and staffing shortages. He answered questions from Board members. The Board discussed the staffing needs as presented by the Sheriff. DISCUSSION The Board returned to the discussion of the revenue expected from the one cent tax increase and whether to split the income with the schools in the same manner as has been done in the past. By consensus, the Board decided agreed the expected $1,000,000 will be placed in the general fund without being split with the schools until a decision on the use of the funds is finalized at a later date. ADJOURN There being no further business, the meeting was adjourned at 5:59p.m. 2 Minutes* Budget Work Session FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 14, 2018 6:00 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; Gary A. Lofton, Vice Chairman;Blaine P. Dunn; J. Douglas McCarthy;Judith McCann-Slaughter; Shannon G. Trout; and Robert W. Wellswere present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Michael T. Ruddy, Director of Planning and Development; Candice Perkins, Assistant Planning Director; John Bishop, Assistant Planning Directorfor Transportation; Mark Cheran, Zoning & Subdivision Administrator,Planner; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER–Closed Session ChairmanDeHaven called the meeting to orderat 6:00p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Section 2.2-3711 A (7) and (8) of the Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel and Briefing by Staff Members Pertaining to a Litigation Matter, Stonewall Industrial Investors, LLC v. Frederick County, Virginia, currently pending in the Frederick County Circuit Court, Where Such Consultation or Briefing in an Open Meeting Would Adversely Affect the Negotiating or Litigating Posture of the Public Body, and for Consultation with Legal Counsel Employed or Retained by a Public Body Regarding the Matter, Requiring the Provision of Legal Advice by Such Counsel.Supervisor Wells seconded the motion which carried as follows on a roll call vote: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye At 6:34p.m., theBoard 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 Wells. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certifythat, 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 1 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 closed meeting wereheard, discussed, or considered by the Board.Supervisor Dunn seconded the motion which carried as follows on a roll call vote: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye Vice Chairman Lofton moved that that the Board authorize the County Administrator and the County Attorney to execute such documents as may be necessary to accomplish the settlement of the case of Stonewall Industrial Investors, LLC v. Frederick County, in a manner substantially consistent with the terms discussed in closed session.Supervisor Dunn seconded the motion which carried as follows on a roll call vote: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye At 6:36p.m., ChairmanDeHaven recessed the meeting until 7:00 p.m. CALL TO ORDER-Regular Meeting Chairman DeHaven called the meeting to orderat 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Loftonled the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Upon motion of Wells, seconded by Supervisor Slaughter, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA–APPROVED Mr. Tierney noted that one of the Consent Agenda items is a Proclamation of Local GovernmentEducation Weekwhich is planned for April 1-7. Vice Chairman Lofton moved that the Consent Agenda be approved. Supervisor Slaughterseconded the motion. The Consent Agenda was approved on a voice vote. -Minutes:Budget Work Session of February 28, 2018- CONSENT AGENDA APPROVAL -Minutes:Regular Meeting of February 28, 2018 - CONSENTAGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 1)- CONSENT AGENDA APPROVAL -Public Works Committee Report (Appendix 2)- CONSENT AGENDA APPROVAL -Transportation Committee Report (Appendix 3)- CONSENT AGENDA APPROVAL -Closing of County Offices for Annual Apple Blossom Festival - CONSENT AGENDA APPROVAL 2 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 -Proclamation:Local Government Education Week: April 1-7- CONSENT AGENDA APPROVAL PROCLAMATION APRIL 1-7, 2017 AS LOCAL GOVERNMENT EDUCATION WEEK WHEREAS, since the colonial period, the Commonwealth of Virginia has clos local government; and WHEREAS, local governments throughout the Commonwealth provide valuable s of the communities they serve; and WHEREAS, citizen services such as, law enforcement, public health and saf opportunities, and educating local children, are most often deli WHEREAS, in recognition of the work performed by local governments, the Vnia General Assembly, on February 29, 2012, designated the first week in April as Loca Virginia; and NOW, THEREFORE BE IT PROCLAIMED, by the Board of Supervisors of the County of Frederick, Virginia, that April 1-7, 2017 is hereby designated as Local Government Education Week; and BE IT FURTHER PROCLAIMED, that the Board of Supervisors of the County of Frederick, Virgin will promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the ne . managers th ADOPTED this 14 day of March 2018. + + + + + + + + + + + + -Proclamation:National Telecommunicators Week: April 8-14- CONSENT AGENDA APPROVAL PROCLAMATION APRIL 8-14, 2018, AS NATIONAL TELECOMMUNICATORS WEEK WHEREAS, emergencies can occur at any time that require police, fire or e and WHEREAS, when an emergency occurs, the prompt response of police officers paramedics is critical to the protection of life and preservatio WHEREAS, the safety of our police officers and firefighters is dependent of information obtained from citizens who telephone the Frederic Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our poli monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia, have co the apprehension of criminals, suppression of fires and treatmen WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of his or her job in the past year, NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, does hereby proclaim the week of April 8-14, 2018, to be National Telecommunicators Week in Frederick County, in honor of the men and women whose diligence and profes citizens safe. th Adopted this 14 day of March 2018 + + + + + + + + + + + + -Resolution Honoring Employee of the Month Travis Mitchell - CONSENT AGENDA APPROVAL Employee of the Month Resolution Travis R. Mitchell WHEREAS, the Frederick County Board of Supervisors recognizes that the important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a reso established the Employee of the Month award and candidates for t County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Human Resour selects one employee from those nominated; and, WHEREAS, Travis R. Mitchell who serves as a Deputy with the Frederick C Department was nominated for Employee of the Month; and, WHEREAS, early in 2017, Deputy Travis Mitchell who is assigned as a Schoo 3 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 at Frederick County Middle School and the Director of Bright Fut Buddy program. The goal was to create a mentoring program with elementary students to develop stronger relations between the community and law enforcement, all while p model. The program requires a Deputy to have lunch with studentputy Mitchell began a trial run in three elementary schools with great success program was expanded to all eleven elementary schools in Frederi and mentored fellow officers as well as officers from Middletown and Stephens City Police Dep Deputy Mitchell continues to monitor the involvement of officers-line tracking system to effectively monitor participation. So far during this schooler 20 officers have participated in the program with positive results. It is Deputy Mitchells proactiv program successful; and, th NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14 day of March 2018, that Travis R. Mitchell is hereby recognized Month for March 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Travis R. Mitchell for his outstanding performance and dedicated service and wishes him continued su endeavors; and, BE IT FURTHER RESOLVED, that Travis R. Mitchell is hereby entitled to all of the right privileges associated with his award. th Adopted this 14 day of March 2018 + + + + + + + + + + + + -Resolution to Request that the Comprehensive Plan and Programs Committee (CPPC) Consider an Amendment to the 2035 ComprehensivePlan Outside of the Annual Amendment Process for St. Paul’s on theHill Episcopal Church Located on Senseny Road- CONSENT AGENDA APPROVAL RESOLUTION TO REQUEST THAT THE PLANNING COMMISSION AND COMPREHENSIVE PLAN AND PROGRAMS COMMITTEE (CPPC) CONSIDER AN AMENDMENT TO THE 2035 COMPREHENSIVE PLAN OUTSIDE OF THE ANNUAL AMENDMENT PROCESS FOR ST. PAULS ON THE HILL EPISCOPAL CHURCH LOCATED ON SENSENY ROAD WHEREAS, the Frederick County Board of Supervisors has an approved protocon of requests for an amendment of the Frederick County Comprehensive amendment process; and WHEREAS, St. Pauls on the Hill Episcopal Church, located on Senseny Road District, has requested an amendment, outside of the annual amendment process, to the Compreh Plan; and WHEREAS, the Supervisor for the Redbud District, Supervisor Dunn, sponsor on the Hill Episcopal Church to proceed outside of the annual amrocess; and WHEREAS, the Frederick County Board of Supervisors expressed their suppor sponsorship of St. Pauls on the Hills request to proceed outsi NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Planning Commission and the Comprehensive Plans consider an amendment to the 2035 Comprehensive Plan outside of Pauls on the Hill Episcopal Church for its property located on Property Identification Number 54-A-128. Passed this 14th day of March 2018 + + + + + + + + + + + + CITIZEN COMMENTS Kathleen Bochert, employee of Frederick County Public Schools, noted the current building problems at Aylor and asked the Board to address replacing the building. Laonna Rauser, Back Creek District, said she is a Counselor at Aylor. She said the building is run down andthe condition is stressful for students. Amber Wallin, Opequon District, said there is a divide among Board members with some favoring needs of retirement age residents and others favoring needs of the younger population. She said there has been a long uphill battle to get the Aylor building replaced. Stella Wallin, Opequon District, said she is a student at Aylor and wants to be able to stay warm in her classroom and not hear the beeping of the CO2 monitor, adding that her school should be safer. 4 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 Jessica Shostek and Sophia Guntang, Back Creek District, said they represented the Aylor SCA. They said they know that the Board is not in agreement about the need for replacement, but they are asking that the building be replaced. Adeline Wallin, OpequonDistrict, said she is a student at Aylor and thinks the building needs to be replaced. Cora Rauser and Kate Guntang, said they are students and that it is hard to work in the Aylor building because it is dark, noisy, and smells like mold. Maura Guntang, Back Creek District, parent of an Aylor student, said the bandaid of the CO2 monitors is very distracting to students and staff. She said other schools are in better condition and asked the Board members how they would feel if their child attended Aylor. Kyle Sakai, Aylor student, said the building is in bad shape and asked the Board to stop delaying on replacing the building. Gabi Sakai, said she had attended Aylor and was now at Sherando High School. She said the community is not looking for a $30 million school like Frederick County Middle School but rather just a safe school building. She petitioned the Board to take care of all the students. Tara Shostek, Back Creek District, asked the Board to take into consideration that there are many middle schoolers in attendance who feel passionately and are speaking to the Board. She said the building is in need of replacement. She noted that during an intruder alert last year the students spent an hour and a half under desks knowing their classroom doors would not lock. She said the CO2 monitors chirp every 45 seconds. Annie Jones, Opequon, said it is patently false that the air quality issue is being used as a way to of getting a new building. She asked the Board members to listen to those who are in the building and know the problems. Her daughter, Katherine Jones, said she has suffered from headaches and congestion and now her family is moving out of the district to avoid her attending Aylor. Jackson Stein, Opequon District and Middletown Elementary student, said he has a chronic illness and is concerned about attending Aylor next year. He said the County should plan ahead for buildings and the only solution is to build a new school. Eva Stein, Opequon District and Middletown Elementary student, askedthe Board to please not wait to build the new school. Adam Stein, Opequon District, said he is the parent of Middletown Elementary students. He is hopeful his youngest child will attend a new Aylor School. Ann Agregaard, Red Bud District, said she trulyhopesthe Board will fund a new Aylor building. She invited the Board to her classroom at Aylor and described several problems in her room. She noted the fans that were placed to address the CO2 issue have been the subject of complaintsby the Fire Marshal because of the electrical cords on the floor and the fact that the fans block doorways. Joan Thorp, Back Creek District, said she spoke at an earlier meeting and now her daughter has missed40 days of school at Aylor because of illness. She said her20-year-old son had similar issues when he attended Aylor,and theproblems have now becomechronic. She noted that old school buildings had windowsthat openedallowing fresh air to circulate whilethe 5 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 Aylorbuilding was built at a time when windows were designed nottoopen and addedthat a new school is a necessity. Hanna Cadd, Opequon District, said she was a student and has now moved out of the district. She said she had health issues while attending Aylor. She asked the Board to consider building a new Aylor school. Amber Wallin, Opequon District, continued her earlier remarks saying that she understands after the new Frederick County Middle School was built there may be reservations about letting the School Board build again. She said that the residents need the Board members to hear and say they understand that the current Aylor building is not acceptable. She said residents, both young and retirement age,may leave the area because of the Aylor situation. + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton said there is recurring theme of lack of maintenance at Aylor and he hopes the Schools will comment that this is not a trend at the other buildings. + + + + + + + + + + + + COUNTY OFFICIALS: PRESENTATION: RESOLUTION OF APPRECIATION TO JOSEPH G. DOVE Chairman DeHaven and Vice Chairman Lofton read and presented a framed resolution of appreciation to Joseph G. Dove. PRESENTATION: EMPLOYEE OF THE MONTH –TRAVIS MITCHELL Chairman DeHaven and Vice Chairman Lofton read and presented the Employee of the Month Award to Travis Mitchell. COMMITTEE APPOINTMENTS HANDLEY REGIONAL LIBRARY BOARD –Appointment Postponed Upon motion of Supervisor Dunn, seconded by Vice Chairman Lofton, the Board agreed to postpone making an appointment until the next regular meeting. RE-APPOINTMENT OF CHRISTOPHER COLLINS TO THE FREDERICK WATER BOARD OF DIRECTORS -APPROVED Upon motion of Supervisor Wells, seconded by Supervisor Trout, Christopher Collins was re-appointed to theFrederick Water Board of Directors for a four-year term ending April 15, 2022on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 6 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 + + + + + + + + + + + + COMMITTEE BUSINESS PUBLIC WORKS COMMITTEE ADOPTION OF REVISED CHARTER FOR THE SHAWNEEELAND SANITARY DISTRICT ADVISORY COMMITTEE –APPROVED Upon motion of Supervisor McCarthy, seconded by Vice Chairman Lofton, the Board adopted the Revised Charter for the Shawneeland Sanitary District. Supervisor Dunn said the agreement is fine, but he would like to see the Committee appoint its own members rather than having the Board of Supervisors appoint them. The roll call vote was as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye ADOPTION OF PROPOSED VEHICLE REPLACEMENT PROGRAM – APPROVED Upon motion of Supervisor McCarthy, seconded by Supervisor Trout, the Board adopted the proposed Vehicle Replacement Program on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye Supervisor Wells thanked the Committee Members and staff responsible for developing the program. DISPOSITION OF THE OLD FREDERICK COUNTY MIDDLE SCHOOL – APPROVED Upon motion of Supervisor McCarthy, seconded by Supervisor Dunn, the Board approved advertising to receive bids for the old Frederick County Middle School property located at 441 Linden Drivein the City of Winchester. The roll call vote was as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye Supervisor Trout noted she had received an email suggesting the school property be considered for recreational facility use. 7 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 + + + + + + + + + + + + TRANSPORTATION COMMITTEE REVENUE SHARING AGREEMENT–NORTHERN Y -APPROVED Vice ChairmanLofton moved that theBoard direct staff to authorize the agreement and proceed to approximately30% of the design with the associated cost estimate. Supervisor Wells seconded the motion. Supervisor Slaughter noted that the motion allows a better cost estimate to be determined at which time should the developer not proceed with the project, the County will be reimbursed for its portion of the expenses for the 30% design. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye SMARTSCALE APPLICATIONS RECOMMENDATION –APPROVED Vice Chairman Lofton and Assistant Planning Director John Bishop provided background on VDOT SmartScale applications saying they allow the County prioritize requests based on needs and competitiveness of the applications. Upon motion of Vice Chairman Lofton, secondedby Supervisor Slaughter, the Board approved that the County should apply for four projects through the SmartScale Process and promote three projects at the Regional Commission level: • Exit 317 and Redbud RoadFrederick County • Route 11North (lane widening) Frederick County • Route 522 Costello Drive left turnsFrederick County • Route 11 South-Stars or Route 11 ShawneeFrederick County • Exit 313 Bridge MPO/RC • Exit 307MPO/RC • Greater I-81 include Exit 317 NB on-rampMPO/RC The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye + + + + + + + + + + + + 8 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 PUBLIC HEARINGS(Non Planning Issues) TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST: TRUMPET VINE FARM (DEMARCHI SPEARS)-APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, PermitRequired; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Trumpet Vine Farm, 266 Vaucluse Road, Stephens City, Virginia, Back Creek Magisterial District.Property Owned by DeMarchi Spears. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton noted the applicant has initiated the process for a conditional use permit but has planned events that will occur before the CUP process is complete. He moved for approval of the permit. Supervisor Slaughter seconded the motion which carried as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye OUTDOOR FESTIVAL PERMIT REQUEST: TYLER WAKEMAN –PEAK LEAF MUSIC & BREWERS FESTIVAL-APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festival to be Held on Saturday- Sunday, October 20 and October 21, 2018, from 9:00 A.M. October 20, 2018 Until 12:00 P.M. October 21, 2018 on the Grounds of7180 Valley Pike, Middletown, Virginia, Back Creek Magisterial District.Property Owned by Wakeland Manor, Inc. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, theBoard approved the permit on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye OUTDOOR FESTIVAL PERMIT REQUEST: GROVE’S WINCHESTER HARLEY- DAVIDSON –BATTLE OF THE BANDS AND VINTAGE BIKES-APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festival to be Held on Saturday, May 19, 2018, from 10:00 A.M. to 5:00 P.M., (Rain Date to be Held on Saturday, June 9, 2018, from 10:00 A.M. to 5:00 P.M.), on the Grounds of Grove’s Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District.Property Owned by Jobalie, LLC. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Supervisor Trout, seconded by Supervisor Slaughter, the permit was approved on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 9 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 OUTDOOR FESTIVAL PERMIT REQUEST: GROVE’S WINCHESTER HARLEY- DAVIDSON –RHETT ROTTEN’S WALL OF DEATH –APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit.Festival to be Held on Saturday and Sunday, June 16 and June 17, 2018, from9:30 A.M. to 3:30 P.M. Each Day, on the Grounds of Grove’s Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Shawnee Magisterial District.Property Owned by Jobalie, LLC. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Supervisor Trout, seconded by Supervisor Dunn, the permit was approved on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA–APPROVED Notice is Hereby Given that the Board of Supervisors (The "Board") of the County of Frederick, Virginia (the "County") will Hold a Public Hearing in Accordance with Section 15.2-2606 of the Code Of Virginiaof 1950, as Amended, on the Issuance of General Obligation School Bonds (the "Bonds") of the County in an Aggregate Principal Amount Not to Exceed $27,000,000 to Finance Certain Capital th Projects for Public School Purposes, Consisting Primarily of the Construction and Equipping of the 12 Elementary School Located at Snowden Bridge.A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at Its Meeting on Wednesday, March 14, 2018.All Interested Parties are Invited to Attend and Present Oral or Written Comments . 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. Mr. Tierney clarified the verbiage in the bond financing agreement saying the numbers allow for fluctuations in the bond markets and do not indicate that the County will borrow more than $27 million. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Wells moved to approve adoptingthe resolution authorizing the issuance of the bonds as requested. Supervisor Trout seconded the motion. Supervisor Dunn clarified that prepayment is limited and encouraged the schools to find money with no prepayment penalty. Supervisor Slaughter reiterated the difference in the numbers in the agreement is strictly for the fluctuation in the markets and noted the County is not paying $1.3 million for the issuance of the bonds. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye + + + + + + + + + + + + 10 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS REZONING #05-17 FOR O-N MINERALS (CHEMSTONE)CARMEUSELIME & d/b/a STONE–PUBLIC HEARING CONTINUED UNTIL APRIL 25, 2018 Submitted by Lawson and Silek, PLC., to Amend the Proffers for this Property; Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Profferto the EM (Extractive Manufacturing) District with Revised Proffers. The Properties are Situated Generally West of the Town of Middletown.Specifically, the Middle Marsh Property is Located East of Belle View Lane (Route 758), and West and Adjacent to Hites Road (Route 625) and is Further Traversed by Chapel Road (Route 627).The Northern Reserve is Bounded to the South by Cedar Creek and is West and Adjacent to Meadow Mills Road (Route 624).The Properties are Identified with Property Identification Numbers 83- A-109 and 90-A-23 in the Back Creek Magisterial District. Assistant Director of PlanningCandice Perkins said the Applicant is seeking to revise the profferspertaining to viewshed plans, berms, landscaping and cemetery accessrelated to Rezoning #03-06 for O-N Minerals(Chemstone) which was approved in 2008.She said this proffer amendment proposes to remove thepreviously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans, and proposes to utilize a Generalized Development Plan and nine viewshed plans.She continued saying this amendment seeks to revise the timing of the installation of the berms, revise the heights of theberms, seeks to remove the landscaping exhibit for the berms, revisesthe access for one of the twocemeteries and removes the water supply and reclamation proffers. In reference to the berm timing revisions, Ms. Perkins said the proposed amendment states that the berms would be installed afterpermitting and one year prior to the extraction of material for processing. She said this greatly reduces the timing for the landscaping to become establishedand appears to allow for a significant earthwork prior to berm installationand added there is no timing for Berm C south of Chapel Road. Ms. Perkins noted that the approved proffers statethat “access via public secondary roads shall be limited to the quarry entrance on McCune Road,” Proffer 2.1 prohibits access to Chapel Road for quarry operations, and the proffered GDP also indicate a proposed tunnel under Chapel Road. Ms. Perkins said the Planning Commission at their February 21, 2018 meeting unanimously recommended denialof this application. She notedthat the Applicant submitted revised proffers following review bythe Planning Commission (dated March 2, 2018). Ms. Perkins concluded saying that elements of the rezoning application have beenidentified that should be carefully evaluated to ensure that they fully address the impacts associated withthis amendment, specifically elements pertaining to the timing of Berms C and D, the berm heights forBerm D and that the cemetery access should be evaluated. Ty Lawson, representing Carmeuse, introduced Michael Wilmoth of Carmeuse who provided an overview of the request. Mr. Wilmoth said the company met with the neighbors of the property in question and the consensus was that moving the berm and changing the berm timeline were good things. He discussed a list of 11 items that were requested by the neighbors saying Carmeusehas been able to agree to eight of them. Supervisor Dunn discussed berm heights and suggested that thethird-partynoise survey 11 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 report on berm heights be shared with the neighbors to alleviate some of their concerns. Mr. Lawson said the re-zoning and amendment process was begun in 2016 and that County staff had suggested in 2017 that the company reviewwhat had been accomplished since the original rezoning in 2008. He highlighted the changes. Dr. Clarence R. Geierdiscussed the Phase I Archeological Survey which was conducted on the property. Supervisor Dunn inquired if there could be a change regarding the ten-year waiting period before operations begin. Mr. Lawson said the proffer amendment calls for the waiting period to be at least one year. Chairman DeHaven opened the public hearing. The public hearing speakers were as follows: John Owens, Back Creek District, wonders why the proffers are being changed now saying the proffers are bad for the County and the citizens because they benefit Carmeuse and not the citizens. He noted the money spent at Clear Brook, the new truck traffic that would come and issues with water rights in the area. He asked the Board to think carefully before approving the amendment. Richard Dye, Back Creek District,said he has concerns about the section 2 berm. He said he is in favor of the ten-year waiting period and the 30’ berm, adding that he wants to see definitive language about what portion could encroach on the Middle Marsh Brook stream area. Kevin Barrington, Back Creek District, said that blasting is the issue rather than berm heights. He said the original rezoning in 2008 was irresponsible and is the real problem. He said he had asked Carmeuse for several things and they are not compromising. He concluded saying the 30’ berm is the way to go. Bill Hunter, Back Creek District, said his concerns are with the documents. He said the citizens have not been able to get involvement from the Board of Supervisors, yet Carmeuse was able tomeet with the BackCreekDistrictSupervisor. He continued saying that Carmeuse was not compromising, the neighbors have worked hard to get to agreement with Carmeuse and the 2008 rezoning sealed the fate of the neighbors who are losing equity in their homes. He referred the Board members to the Vision Statement issued in March 2009which speaks to attracting business to the County. Mike Swigert, Back Creek District, said much of the controversy is the 2008 rezoning. He said each resident has different requests, and that moving the berm is a good idea. Robin Young, Back Creek District, said that Carmeuse has been condescending and bullying to the neighbors. She reminded the Board that VDOT comments on the matter say access to Chapel Road is granted contingent upon theapproval of VDOT. Ed Streun, Back Creek District, said he prefers the berm be built later when excavation begins saying the revised proffer at least gets the dirty part of the job out of the way. Kurt Burgoyn, Back Creek District, said the issue is money and Carmeuse wants to spend as little as possible. He said the 2008 rezoning was in favor of Carmeuse and now the new proffers allow Carmeuse to do less to protect their neighbors. He asked the Board not to allow Carmeuse to add to its bottom line at the expense of Frederick County residents. He asked the 12 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 Board to vote to deny the amendment or at least send it back for further review. Bruce Neal, Back Creek District,said Carmeuse will be mining stone and if done under the original proffers it will be worse for the neighbors. Keon Banks, Back Creek District, said in reference tothe timing of the berms that 365 days is not long enough for a tree to become secure enough to withstand blasting. He said he would like to see more negotiations and that the proffer wording needs to be revised. He asked the Board to assist with the resident-Carmeuse negotiations, adding that the wording of the proffers is not yet where it should be. Mary Bowser, Back Creek District, said the 2008 rezoning affected her. She said there are few ways residents can have an impact on what is happening to them and asked for help with the proffer language to assist in protecting the neighbors. Paul Kisak, said he is a residentof Chapel Road, said he agrees with his neighborsthat there will be damageto lifestyleand homes in the area. He suggested an extensionto allow the Board to review the proffer language.Mr. Kisak said the residents literally will be living in an earthquake zone. He supplied a written statement to be distributed to the Board members. Paul Clevenger, Back Creek District, thanked Chairman DeHaven for voting against the rezoning as a Board member in 2008. He said his biggest concern is the tree line area. Bill Hunter added to his earlier remarks about the County’s visionstatement which mentions quality of life. He said the majority of the citizens want moretime for the matter to be considered, and also want no more compromise with Carmeuse unless the Board helps with discussions. Robin Young added to her earlier remarks reiterating that VDOT wants to be involved in the matter but were unaware of the project. She asked the Board to table the issue, adding that Supervisor Dunn has been out to visit with the residents and suggested more of that would be helpful. Paul Kisakadded to his earlier remarks saying the proffer language is not close to being completed. He said that test blasting should be performed because all neighbors are being put at risk. Chairman DeHaven closed the public hearing. Mr. Lawson responded to the public hearing comments. He said he appreciated the time and comments of the Board and the project’s neighbors. He said there have been seven amendments to the proffers and highlighted the proposed changes. Vice Chairman Lofton requested a sidebar conversation with Mr. Lawson and the Carmeuse representatives. Chairman DeHaven called a three-minute recess. Chairman DeHaven recognized Vice Chairman Lofton. Vice Chairman Lofton said there were issues still outstanding and moved that the vote be postponed. Supervisor Wells agreed with the postponement. Supervisor Slaughter suggested that the public hearing be continued until April 25stating that it would be helpful to hear from the citizens to ensure that an agreement has been reached. Vice Chairman Lofton amendedhis motion to request continuing the public hearing until April 25.Supervisor Dunn seconded the 13 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 motion which carried on a voice vote. CONDITIONAL USE PERMIT #09-17:GREGORY A. BISHOP(SHENANDOAH MOBILE,LLC)COMMERCIAL TELECOMMUNICATIONFACILITY- APPROVED Submitted to Construct a Wireless Commercial Telecommunication Monopole Tower with Supporting Equipment in a Fenced Compound.The Property is Located at 219 Round Hill Road, Winchester, Virginia and is Identified withProperty Identification Number 52-A-254 in the Back Creek Magisterial District. Mark Cheran, Zoning & Subdivision Administrator, introduced the conditional use permit request. He said if the Board were to approve the permit, the following conditions are recommended by the Planning Commission: 1.All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Inaddition, Mr. Cheran said that should the Board of Supervisors find that the waiver to the required setback is acceptable, a motion to recommend approval of the setback reduction of 69’ to allow the tower to be 134’ from the identified property would be appropriate. Supervisor Dunn inquired if the setback were big enough to accommodate the collapse of the tower. Mr. Cheran explained the structure is designed to collapse on itself. Supervisor Slaughter verified the tower height of 138’. Lynn Koerner, site acquisition specialist with Shentel provided an overview of the process for choosing the proposed site. Supervisor Dunn asked whether the surrounding property owners had been notifiedof the request, and Mr. Cheran replied affirmatively. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the conditional use permit #09-17 with the six conditions recommendedby the Planning Commission and including the setback waiver as requested by the applicant. Supervisor Slaughter seconded the motion. Supervisor Dunn asked whetherthe Planning Commission had received any objectionsto the permit. Mr. Cheran said that no objections had been received but one resident spoke in favor of the project because it will boost his wireless service. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 14 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 PROPOSED SPRINGDALE ROAD TRUCK RESTRICTION –PROPOSAL TO CLOSE ROUTE 649 TO TRUCKS FROM ROUTE 11 TO ROUTE 651–APPROVED The Proposed Alternative Route is Route 651 and Route 11.This Restriction Will Apply to Commercial Vehicles Exceeding 30 Feet in Length. Assistant Planning Director-Transportation John Bishop introducedthe Truck Restriction Proposal. He said the section of Springdale Road in question is a rural secondary road with narrow pavement measuring approximately 20’ at the widest location. He said staff observed that the roadway is narrower than that along most of its length, resulting in insufficient area for trucks and passenger vehicles to pass without one or the other moving off of the roadway. Mr. Bishop added the roadway is very winding and includes a railroad crossing that is on a significant elevation change, and a reasonable alternative route exists in the form of Apple Valley Road to Shady Elm Road with an additional alternative expected to be implemented in the form of the Renaissance Drive Extension. Mr. Bishop concluded saying the Transportation Committee has considered this item and recommendsapproval. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved that the Board of Supervisors adopt the resolution requesting that the Commonwealth Transportation Board, or its designee, consider restricting thru truck traffic on Springdale Road (Route 649), from Route 11 to Shady Elm Road (Route 651).Supervisor Slaughter seconded the motion which carried as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye 2018-2023 CAPITAL IMPROVEMENT PLAN(CIP ) The CIP is a Prioritized List of Capital Projects Requested by Various County Departments and Agencies.The Plan is Created as an Informational Component of the 2035 Comprehensive Plan. Assistant Planning Director Candice Perkins introduced the item. She said the CIP is a document that provides project recommendations fromvarious County Agencies and tables that outline the projects and costestimates for those projects, and shows projects for the ensuing five- year period, as well aslong term projects (6 + years out).Ms. Perkins said the 2018-2023 CIP follows the format that was recently adoptedwith the 2017-2022 CIP. She said the inclusion of projects on the CIP is in no way an indication thatFrederick County will be funding projects. She added that the CIP is strictly advisory; it is intended for use as a capitalfacilities planning document, and not for requesting funding allocations.Ms. Perkins said once adopted, project priorities and cost estimates may changethroughout the year based on changing circumstances and itis alsopossible that particular projects may not be funded during the yearthat is indicated in the CIP.She said this year’s CIP continues to reinforce the connection between theCIP, the 15 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 2035 Comprehensive Plan, and future rezoningapplications.Ms. Perkins concluded saying staff is seeking a decision from the Board of Supervisors on the adoption of the 2018-2023 Capital Improvements Plan. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the 2018-2023 Capital Improvement Plan. Supervisor Trout seconded the motion. Vice Chairman Lofton pointed out that while the document sets out dates and project schedules, it is not written in stone. Chairman DeHaven agreed that the document is a planning tool. He thanked staff for the hard work in producing the CIP. The motion carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. TroutAye Gary A. LoftonAyeRobert W. WellsAye J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye JudithMcCann-SlaughterAye + + + + + + + + + + + + BOARD LIAISON REPORTS There were no reports. CITIZEN COMMENTS Dr. David Sovine, Superintendent of Frederick County Public Schools, responded to the earlier comments from the Board regarding the schools’ facilities and operations. He said his budget requestfor FY 19 addresses many capital needs, and he highlighted someof the larger needs. He reminded the Board that at the January 16 joint meeting,the high maintenance costs at Aylor since 2011 were discussed. He said the Aylor building first appeared on the School Board CIP in 2004. Dr. Sovine said that FCPS has a much lower ratio of maintenance personnel to student population than the state average andwhile thestaff is talented, they havechallenges with the limited budget. Joy Kirk, Back Creek District, said the area is growing and the schools are becoming overcrowded which causes wear and tear on the buildings. She said the County needs to be funding the maintenance requests of the schools. Brandi Hammond, Shawnee District, addressed Vice Chairman Lofton’s remarks about ongoing school maintenance. She said in other localities buildings are updated and renovated, but this can’t be done without adequate funding. She referred the Board members to the School budget document titled Impact of Reduced Fundingand highlighted the item regarding costs rising because of lack of preventive maintenance. Carrie Carmichael, Shawnee District, reiterated the importance of school funding and asked the Board to give the schools the funding they have requested. Dana Newcomb, Gainesboro District, said the Board of Supervisors and tax payers have the responsibility for providing funding to constructand maintain the school facilities. He said the responsibilityforidentifying andexecuting the maintenanceof the school buildings belongs to the School Board and administration. He said he was impressed with the School Board’s 16 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 ability to mobilize supporters of their cause to speak during the meeting, but their comments show the schools’ inability to conduct routine building maintenance. He saidit was unethical to reflect the maintenance responsibility back to the Board of Supervisors. BOARD OF SUPERVISORS COMMENTS SupervisorDunn recognized the Deputy County Administrator Jay Tibbs and Assistant FinanceDirectorSharon Kibler for their work in creating the Vehicle ReplacementProgram Model. Supervisor Dunn said he has visitedAylor and talked to the studentsand teachers. Supervisor McCarthy commended the young members of the audience for doing their civic duty by attending the meeting and sharing their views. Supervisor Trout said the integrity of the School Board should not be questioned adding that the School Board did not manipulate or plan the attendance of the parents and students at the meeting.She thanked Ms. Hammond for her comments on maintenance adding that the Board members should be good stewards of the tax payers’ money. Supervisor Trout said if funds for maintenance are not provided, then the Board of Supervisors is the reason for the school buildings failing. By consensus, the Board agreed to a joint School Board-Board of Supervisorswork session on March 28. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout the meeting was adjourned at 10:25P.M. 17 Minutes * Closed Session and Regular Meeting FREDERICK COUNTY BOARD OF SUPERVISORS March 14, 2018 BOS Minutes of March 14, 2018Appendix 1 To:Jay Tibbs, Deputy County Administrator for Human Services From:Jason L. Robertson, Director, Parks & Recreation Dept. 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, RonaldMadagan,Amy Strosnider, and Robert Wells (Board of Supervisors’ Non-Voting Liaison).Members absent: Guss Morrison, Charles Sandy, Jr. Items Requiring Board of Supervisors Action: None Submitted for 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). Youth Sports Committee–Youth Sports Partners Agreements –The Youth Sports Committee 2. recommended to accept the YSP Agreements with Blue Ridge Youth Soccer, Frederick County National Little League and Frederick County American Little League, second by Mr. Longerbeam motioncarried unanimously (6-0). cc: Randy Carter,Chairman Robert Wells, Board of Supervisors’Non-Voting Liaison BOS Minutes of March 14, 2018Appendix 2 MEMORANDUM TO: Board of Supervisors FROM: Joe C. Wilder, Director of Public Works SUBJECT: Public Works Committee Report for Meeting ofFebruary 27, 2018 DATE: March 22, 2018 ______________________________________________________________________________ The Public Works Committee met on Tuesday, February 27, 2018, at 8:00 a.m. All members were present.The following items were discussed: Chairman McCarthy began the meeting with an acknowledgment of the great service of committee member Dave Ganse who recently and suddenly passed away. Mr. Ganse had served on this committee for four (4) years. A resolution honoringMr. Ganse and recently deceased committee member James T. Wilson will be acknowledged atthe February 28, 2018 Board of Supervisors meeting. ***Items Requiring Action*** 1.Adoption of the revised charter for the Shawneeland Sanitary District Advisor Committee: At the request of Supervisor Lofton, Back Creek District Supervisor, staff was tasked with reviewing and updating the Shawneeland Advisory Committee procedures and guidance document that was most recently updated in 2005. Mr. Loftonfelt that an update to this document could assist county staff in working with the Advisory Committee better and providing more structure to the committee. Over the last coupleof years, there has been a decline in receiving adequate committee meeting agendas, lack of reporting, poor communication with advisory members and the fact that information wasn’t being reported out of the advisory committee to county staff. Recently, Supervisor Lofton, along with District Manager Kevin Alderman, Assistant County Attorney Erin Swisshelm and myself met to review the older document and make edits and updates to the procedure document. Through several edits, a proposed charter is being recommended for consideration by the Board of Supervisors. The revised charter outlines a much cleaner outline of how the Advisory Committee should function and how the advisory committee will be a part of the Public Works Committee structure. County Staff will provide additional direction to the advisory committee and will provide draft agenda documents and ensure meeting minutes are reported to the Public Works Committee for passage onto the Board of Supervisors. The charter also assists Frederick County to ensure the advisory committee members are engaged and attend the quarterly advisory committee meetings. Public Works CommitteeReport Page 2 March 22, 2018 After some additional discussions, it was recommended that the attached charter forthe Shawneeland Sanitary District Advisory Committee be forwarded on to the Board of Supervisors for consideration and approval. Supervisor Wells recommended approval of the motion and Supervisor Lofton seconded the motion. The committee unanimously approved the motion. (Attachment 1) 2.Adoption of the Proposed Vehicle Replacement Program: Jay Tibbs, Deputy County Administrator led a discussion about a proposed vehicle replacement program for vehicles owned by Frederick County.Inthe past, it has been difficult to know when a vehicle should be replaced. Staff has developed a model input/points system to evaluate vehicles and determine in a more systematic way when a vehicle should be replaced. Attached is a summary of the current vehicles thatare proposed to be replaced in order to see how the model works. There was wide support from the committee about the proposed vehicle replacement model and the committee endorsed the program. The committee recommended that the Vehicle ReplacementProgram Model be forwarded to the Board of Supervisors for their consideration and approval. Supervisor Wells recommended approval of the motion and committee member Gene Fisher seconded the motion. The committee unanimously approved the motion. (Attachment 2) 3.Disposition of the old Frederick County Middle School: Recently, the Frederick County School Board conveyed back to the Frederick County Board of Supervisors the old Frederick County Middle School located at 441 Linden Drive withinthe City ofWinchester, Virginia. It is the intent of Frederick County to attempt to sell the property and the building. Tofully know all the issues related to the property and the building, Frederick County engaged the services of Marsh & Legge Land Surveyors to perform a boundarysurvey, as-built survey, a review of allutilities and easements, etc. Scot Marsh, L.S. discussed his findings with the committee and provided a summary report and exhibit map that shows the entire property and improvements. The entiretract of land is 22.7960 acres with the building being two stories with 64,000 square feet each floor. We discussed the status of all the utilities on the property and adjacent property owners. In summary, the property is valuable and there have been several inquiriesfrom local companies with a strong interest in purchasing the property. Therefore, it is the committee’s recommendation that we place an advertisement to accept bids for the purchase of the old Frederick County Middle School. We have provided a draft advertisement that would be placed in the local papers to receive bids from companies. The committee recommends that the Board of Supervisors allow staff to receive bids for the property and buildings. It is noted that Frederick County has the right to reject any and all bids as so noted in the advertisement. Committee member Whit Wagner recommended approval of the motion to advertise for bid and Supervisor Wells seconded the motion. The committee unanimously approved the motion. (Attachment 3) Public Works CommitteeReport Page 3 March 22, 2018 ***Items Not Requiring Action*** 1.Update on the new Stephenson Convenience Site: Mike Stewart, Senior Project Manager gave an updateon construction activities at the new site. Wet soil conditions have slowed grading operations at the site, however, some progress is being made. The lower parking area and slab have been graded to final elevations. All topsoil has been removed and grading along the entrance road has been on-going. Placing a new water main will begin this week and utility movements are on-going. We are anticipating that the project will be completed on-time. 2.Update on use of the existing Clearbrook Convenience Site: We reported to the committee that in further discussions with Carmeuse, they have extended the date on use of theexisting site. Their concern is that they have to perform blasting operations every day in close proximity to the existing site. They usually blast everyday around 4:30 pm. Therefore, we have agreed to close the existing Clearbrook site at 4:00 pm each day starting on March 19, 2018. This will allow them to blast each day and not create a safety issue. The weekend hours will remain unchanged. By performing the early closing, we will be able to operate our existing site till the end of May 2018. We should be able to operate at the new Stephenson Convenience Site by then and cease operations at the Clearbrooksite. 3.Update on Frederick County’s Glass Recycling Program: Staff gave an update on the status of glass recycling for Frederick County. We gave the committee a brief summary of why we stopped glass recycling in November 2016. Our only option was to pay a very expensive tipping fee with no guaranteethat the material would be recycled. Under this option, there still would be a possibility thatFrederick Countywould have to pick up and haul the material to the landfill. Since that time, staff have continued to look for markets to recycle glass but there is still no viable market. Gloria Puffinburger, Solid Waste Manger has done additional research looking at local glass recycling markets. She has discussed options with the Department of Environmental Quality (DEQ), the Glass Recycling Institute, Virginia Recycling Association and Virginia Association of Counties (VACO). The attached memorandum from Ms. Puffinburger describes her research along with charts describing the local market options and what adjacent localities are doing. In summary, there are no viable cost-effective options for the glass recycling program for Frederick County. Due to our remote location, there are no glass processors in the region that would allow our glass to be marketable. The committee took no additional action and we will continue to not recycle glass at this time. We will continue to look for possible markets and if something becomes available, we will inform the Board of Supervisors. (Attachment4) Public Works CommitteeReport Page 4 March 22, 2018 4.Miscellaneous Reports: a) Tonnage Report (Attachment 5) b) Recycling Report (Attachment 6) c) Animal Shelter Dog Report (Attachment 7) d) Animal Shelter Cat Report (Attachment 8) Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney “Whit” L. Wagner Gene E. Fisher By____________________ Joe C. 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 Kevin Alderman, Shawneeland Sanitary District Manager Mike Stewart, Senior Project Manager file MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, AssistantDirector -Transportation RE: Transportation Committee Report for Meeting of February 26, 2018 DATE: March 1, 2018 The Transportation Committee met on Monday, February 26, 2018at 8:30 a.m. Members PresentMembers Absent Gary LoftonChairman (voting)Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) James Racey(voting) Barry Schnoor(voting) Gary Oates(liaison PC) Lewis Boyer (liaisonStephens City) ***Items Requiring Board Action*** 1.Revenue Sharing Agreement-Northern Y(see attached): An agreement governing revenue sharing funds and match for the Tevis Extension from the roundabout north and east to Route 522. The current project cost estimate is $3,500,000.00. The state revenue sharing funds awarded $2,193,145.00. The exit clause is at 30%designif the cost estimate is unacceptable. Glaize Development will provide up to $1.2 million in matching funds. The County will have the option to cover the shortfall or end the projectupon the update of the cost estimate at 30% design. Staff is seeking a recommendation to the Board of Supervisors on whether to execute the agreement and authorize Staff to proceed to approximately 30% design and the associated updated cost estimate. It is noted that regardless of the amount of the cost estimate, Staff will bring the agreement back before the Committee and Board of Supervisors. Staff recommends approvingthe agreementto allow 30% design. Upon a motion by Mr. Schnoor, seconded by Mr. Racey to forward ratification of the Revenue Sharing Agreement -Northern Y for the purposes of reaching 30% and to authorize Staff to proceed with 30% design to the Board of Supervisors for recommendation of approval. The motion was unanimously approved. 2.SmartScale ApplicationsRecommendation: Frederick County is allowed four (4) SmartScale applications.The Transportation Committeein coordination with VDOT Staff had provided a list of thirteen (13) projects to the Committee with one (1) added during theJanuary meeting.The followingare seven (7) potentialprojects on theFrederick County shortlist based on Committee feedback.Thelist is not in priority order: Route 11 South-StarsFrederick County Exit 317 and Redbud RoadFrederick County Exit 317Northbound on rampFrederick County Route 522Costello Drive-left turnFrederick County Route 37 (Lenoir Drive slip ramps)Frederick County Route 11 North (4lane widening)Frederick County Exit 307 ImprovementsFrederick County Theproposed project recommendations for Frederick County four (4) applications withtheVDOT Staff evaluation for competitiveness and appropriateness were narroweddown to the following: Exit 317 and Redbud RoadFrederick County Exit 317Northbound on rampFrederick County Route 522Costello Driveleft turnsFrederick County Route 11 South-StarsFrederick County The proposed project recommendationsfor MPO applications are as follows: Exit 313 BridgeMPO Exit 307MPO Greater I-81MPO The proposed recommendationfor theWinchester application isas follows: Route 11 South-Shawnee areaWinchester The proposedprojects recommendednot to proceed are asfollows: Route 37 (Lenoir Drive slip ramps) Route 11 North (4lane widening) Route 7 Inverlee Way Route 277 (Sherando Park Entrance) The Committee thoroughly discussed the proposed recommendation list of SmartScale applicationsfor Frederick County.The Committee recommended substituting the Exit 317-Northbound on-ramp with theRoute 11 North (scope to be determined).Also, recommendedwas to include the Exit 317-Northbound on- ramp intothe Greater I-81 projectfor the MPO applications.The following is the list recommended by the Committeefor projects thatFrederick Countyshould apply for through the SmartScale application processand the MPOprojects to be promoted at the Regional Commission level: Exit 317 and Redbud RoadFrederick County Route 11 North (lanewidening)Frederick County Route 522Costello Driveleft turnsFrederick County Route 11 South-StarsorRoute 11 ShawneeFrederick County Exit 313 BridgeMPO/RC Exit 307MPO/RC Greater I-81include Exit 317 NB on-rampMPO/RC Note: If the City does notapply for Route 11 South-Shawnee area, the County would apply for this project and move Route 11 South-Stars to the MPO/Regional Commission list. Upon motion by Mr. Racey and seconded by Mrs. McCann-Slaughter the Committeeforwarded the above list of SmartScale applications and MPO projects to be promoted at the Regional Commission to the Board of Supervisors for recommendationofapproval. The motion was unanimously approved. ***Items Not Requiring Board Action*** 3.County Project Updates Tevis Street Extension/Airport Road/I-81 Bridge: Staff is in discussionswith VDOT regarding roundabout design and expects to get key guidance this week that will impact that portion of the project. Airport Road design plans are moving forward from the 60% comments. The Northern Y is connected to this project and is on the earlier portion of the agenda. Renaissance Drive: Survey work on the site is nearly complete and discussions are ongoing with First Energy regarding powerline adjustments needed to accommodate the bridge. Bridge designer has provided some preliminary options. Staff is awaiting response from CSX regarding the design review agreement. 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. 4.Upcoming Agenda Items: March MPO Route 11 South-Stars Study Oakdale Crossing Traffic Calming Study April Begin Interstate, Primary, and SecondaryRoadPlan updates (dependent on VDOT projections becoming available) 5.Other Business: JAB/ks REVENUE SHARING AGREEMENT THIS AGREEMENT, made and dated this day of ,2018, is made byand COUNTY OF FREDERICK, VIRGINIA between the Countypolitical subdivision FLG RESIDUAL TRUST PROPERTIES, LLCand CAMPFIELD of Virginia,and LLC (collectively, FLG and Campfield are referred to as Glaize, a Virginia limited liability company. RECITALS: 1.Glaizeisthe owner of tax parcel numbers64-A-9and 64B-A-73B. 2. under the authority of Section 33.2-357, effective Oct. 1, 2014, of the Code of Virginia. 3.The County and Glaize intend to fund the Project (defined below) using funds from Glaize and matching revenue sharing funds that the County has obtained from the . 4.The parties desire to arrange for the design and construction astreet section as follows : Tevis Street Extension,as a segment from the shared property boundary with parcel 64-A-10 to Route 522, relocation of the Elks lodge entrance, required upgrades to Route 522 as needed to accommodate the new intersection,right of way acquisition, VDOT approved entrance to the adjoining parcels with turn lanes, bicycle and pedestrian accommodations consistent with County requirements and within VDOT standards, required landscaping and streetlights allowable within the scope of the Revenue Sharing Program, and any unforeseen required items to implement the roadway.This segment shall be designed and constructed in a form mutually agreed upon by theCounty and Glaizethat meets or exceedsVDOT standardsthat are in force at the time offinal road design plan approval. 5.The parties desire to finance the Project using fundsofup to $1,200,000.00Glaizewill providewhich can be matched on a dollar for dollar basis with VDOT revenue sharing fundsVDOTwithin the rules and scope of the VDOT Revenue Sharing Program.In addition, the Countyshall provide such additional funds, which can be matched on a dollar for dollar basis by VDOT revenue sharing funds as available,as may be necessary in the event costs for the Project exceed $2,400,000.00. Expenditure of the County Funds will become applicable only after the Glaize Funds have been fully expended. 6.The Glaize Funds, County Funds, and the Matching Funds are collectively referred to herein NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: 1.RECITALS : The Recitals are made a material part hereof and incorporated herein by reference as if set out in full. 2.THE PROJECT : a.The Glaize Funds, County Funds, and the Matching Funds shall be applied and expended in order to design and construct the Project described in the Recitals. b.In the event that unforeseen design, engineering, right of way, environmental, and/or construction issues are encountered that exceed a project budget of $2,400,000 ($1,200,000 in Glaize funds and $1,200,000 in Matching funds), the County agrees to expend such additional funds as are necessary in order to address such unforeseen design, engineering, right of way, environmental, and/or construction issues. 3.COUNTY RESPONSIBILITIES: a.The County shall act as fiscal agent and project manager for the Project. The management and oversight of all roadway design, approvals and permitting, construction management, and right-of-way acquisition, as well as invoicing of Project costs toVDOT and to Glaize. b.The County shall give notice to Glaize of the intended commencement of construction of the Project not less than fifteen (15) days prior to the commencement of construction. c.The County shall arrange for use of Matching Funds once the Glaize $1,200,000.00 is expended and 100% of project funding after all available VDOT funds are expended. d. Upon receipt of the bids for the Project, if the bids show that the Project cost will exceed $2,400,000.00, the County may elect not to proceed with the Project, in which 2 case this Agreement shall be deemed terminated and the parties shall have no further obligations to each with respect to the subject matter of this Agreement. e.The County may enter into agreements, if necessary, with utility companies, VDOT, or unforeseen others as may be necessary in relation to the Project. f.As project manager, the County shall supervise all aspects of the Project, which shall be done in a good and workmanlike fashion in accordance with applicable VDOT standards. g.ther claim is filed against the Property arising from or in connection with the Project, the County agrees to promptly bond off any e extent permissible under applicable law. h.The County shall return all unspent Glaize Funds to Glaize at the conclusion of the Project. i.The County shall request the new roadway to be adopted into the State system within 30 days of receiving final paperwork and clearances required for adoption from VDOT. 4.GLAIZES RESPONSIBILITIES: a.Glaize shall provide all required right of way dedication of property it controls, permanent grading and drainage easements, and temporary construction easements to the County prior to County award of the construction contract. Costs for provision of these items will be borne by Glaize and not be reimbursable with Matching Funds. b.The County shall undergo the design process in two phases, with Phase I being complete at the conclusion of approximately 60% of the design and associated updated cost estimate. Phase II shall be the completion of the design and subsequent bidding and construction of the project. The County will not proceed to Phase II without prior written consent of Glaize. In the event that Glaize fails to authorize Phase II within 45 days of County request, such lack of response shall be deemed a denial to proceed and the County shall have the ability to cancel the Project. c. shall not exceed $70,000.00. Glaize will pay the County $35,000.00 toward Phase I costs upon execution of this Agreement. In the event the Project does not proceed to 3 Phase II, Glaize shall pay the County an additional $35,000.00 for a total payment of $70,000.00 for Phase I costs, within 10 days of receipt of written notice terminating this Agreement for failure to proceed to Phase II. Upon payment by Glaize in response to such notice, this Agreement shall thereupon be terminated. d.Upon issuing approval to proceed to Phase II of the project, Glaize shall provide to the County a letter of credit payable to the County in the amount of $1,165,000.00 to secure the payments due from Glaize under the terms of this Agreement. In no event shall any institution issuing a letter of credit on behalf of Glaize be liable to the County for any amount greater than the amount to which Glaize may be liable to the County pursuant to the terms of this Agreement on the date the County makes claim for payment under the terms of any such letter of credit. Upon payment in full of all amounts due from Glaize under the terms of this Agreement the County consents to the release of any such letter of credit without further action from the County. e.Subject to the terms and conditions of this Agreement and so long as the County is not in default, Glaize shall remit one-half of the total amounts properly incurred by the County in the prior calendar month for the performance of services within the project description outlined in the recitals of this Agreement, up to $1,200,000.00, within 30 days of receipt of an invoice for the same. f.Glaize shall provide full access to the Property for the purposes of construction, surveys, geotechnical work, or any other tasks related to design, engineering, environmental, and construction needs of the Project. 5.NOTICES: All notices, demands, or other communications that may be necessary or proper hereunder shall be deemed duly given if personally delivered, or when deposited in the United States mail, postage prepaid, first class, registered or certified, return receipt requested, addressed respectively as follows: County: Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: John A. Bishop, AICP With a copy to: Roderick Williams, Esquire County Attorney 107 North Kent Street Winchester, VA 22601 4 Glaize: J.P. Carr, President Glaize Developments, Incorporated 112 E. Piccadilly Street Winchester, VA 22601 With a copy to: Stephen L. Pettler, Jr. Harrison and Johnston, PLC 21 South Loudoun Street Winchester, VA 22601 6.ENTIRE AGREEMENT; AMENDMENTS; TIME: a.This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings, whether oral or written, of the parties regarding the subject matter of the Agreement and no amendment to this Agreement shall be effective unless made in writing and signed by both parties. b.Time is of the essence with respect to all matters set forth in this Agreement. c.This Agreement shall be binding upon and the obligations and benefits hereof shall accrue to the parties hereto and their successors and assigns. 7.GOVERNING LAW; VENUE: This Agreement shall be governed by and interpreted according to the laws of the Commonwealth of Virginia and any dispute hereunder shall be heard only in the Circuit Court of Frederick County, Virginia. 5 WITNESS the following signatures and seals: COUNTY OF FREDERICK, VIRGINIA By (SEAL) FLG RESIDUAL TRUST PROPERTIES, LLC By (SEAL) CAMPFIELD LLC By (SEAL) 6 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: Michael T. Ruddy, AICP, Director. RE: Resolutionofsupportfor Hiatt Run Apartmentsrequest for financing Income Program. DATE: March 22,2018 FrederickCountyhasreceivedarequestfromMr. ScottRosenfeld,Manager/Member HiattRunApartments.Therequestasksthe Boardof Supervisorsto passaresolution supportingthe HiattRunApartmentprojectapplicationforfinancingthroughthe As partof the resolution,FrederickCountywouldbedeterminingthat the abilityto provideresidentialhousingandsupportingfacilitiesthat servepersonsor familiesof loweror moderateincomewillbeenhanced.Further,that privateenterpriseand investmentarenot reasonablyexpected,withoutassistance,to producetheconstruction or rehabilitationof decent,safe,andsanitaryhousingandsupportingfacilitiesthat will meettheneedsof lowormoderateincomepersonsandfamiliesin thesurroundingarea of the project.VHDAhasstatedthat the content of the resolutioncannotbeamendedas the statute is quite specific. The resolution is a. Staff has also included the request from Mr. Scott Rosenfeld and a letter from Mr. Dale Wittie, Director of Rental Housing Programs, VHDA, describing the program. Insummary,theintentofthe VHDAMixedIncomeProgramis to createopportunities fordevelopmentof affordablehousingin areasthatotherwisemayhavechallengesfor suchdevelopment.Theprogramrequiresthat 20%to 30%of the unitsin the projectare leasedto familiesearningupto 80%of theareamedianincome.Theremainingunitsin the project have no such restrictions, and may be leased to families at any income level. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 As an overview of the project, Hiatt Run is an apartment complex located on Martinsburg Pikein the StonewallMagisterialDistrictandis identifiedwith PIN:44-A-17.The developmentof the projectis nearlycomplete.In total,the projectcontains120 Multi- family apartment units on 14.1 acres zoned RP (Residential Performance). Please let me know if there are any additional questions. MTR Attachments: BOSResolution Letter from Scott Rosenfeld Letter from Dale Wittie, VHDA RESOLUTION Frederick County Board of Supervisors RESOLUTION IN SUPPORT OF HIATT RUN APARTMENTS REQUEST FOR VHDA FINANCING. HIATT RUN APARTMENTS ARE LOCATED ON MARTINSBURG PIKE IN THE STONEWALL MAGISTERIAL DISTRICT WHEREAS ,theBoardofSupervisorsoftheCountyof Frederick,Virginia,desiretomakethe determinationrequiredbySection36-55.30:2.BoftheCodeofVirginiaof1950,asamended,inorder fortheVirginiaHousing DevelopmentAuthoritytofinancetheeconomicallymixedproject(the “Project”) describedonExhibitAattachedhereto; NOW,THEREFORE,BEITHEREBYDETERMINED asfollows: (1) theabilitytoprovideresidentialhousingandsupportingfacilitiesthatservepersonsor familiesoflowerormoderateincomewillbeenhancedifaportionoftheunits intheProjectare occupiedorheldavailableforoccupancybypersonsandfamilieswho arenotoflowandmoderate income;and (2) privateenterpriseandinvestmentarenotreasonablyexpected,withoutassistance,to producetheconstructionorrehabilitationofdecent,safeandsanitary housingandsupportingfacilities thatwillmeettheneedsoflowandmoderateincomepersonsandfamiliesinthesurroundingareaof theProjectandwillinduceotherpersons andfamiliestolivewithinsuchareaandtherebycreatea desirableeconomicmixof residentsinsucharea. Passed this 28th day of March 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman____ Gary A. Lofton____ J. Douglas McCarthy____ Judith McCann-Slaughter ____ Shannon G. Trout ____Blaine P. Dunn____ Robert W. Wells____ A COPY ATTEST ___________________________ Kris C. Tierney Frederick County Administrator EXHIBITA Hiatt Run Apartments PIN:44-A-17 Martinsburg Pike Stonewall Magisterial District Zoning: RP (Residential Performance) Use: 120 Multi-family Apartment Units Site Plan #23-15 MDP #04-15 Rezoning #05-15 FREDERICK COUNTY RESOLUTION OF APPRECIATION JUDY LYNN HESSE WHEREAS, Judy Lynn Hesse served Frederick County, Virginia, for approximately 29 yearsas a dedicated employee; and WHEREAS, Judy began her career as a Clerk Typist I in 1989 and received promotions to Secretary III in 1999, Administrative Assistant in 2000, and finally to Resource Management Specialist serving from 2013 until her retirement; and WHEREAS, during her tenure,Judy progressively took on additional responsibilities and extra assignments and was noted for the quality and quantity of her work as well as hersuperior communication skills; and WHEREAS, Judy was a successful multi-tasker who did exceptional work in keeping fire and rescue personnel outfitted with appropriate uniforms and personal protement and excelled in building positive cooperative relationships with various County leadership members, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Judy Lynn Hesse 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 Frede County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this _28_ day of March 2018. th __________________________ _____________________________ Charles S. DeHaven, Jr. Gary A. Lofton Chairman Back Creek District Supervisor __________________________ _____________________________ J. Douglas McCarthy Blaine P. Dunn Gainesboro District Supervisor Red Bud District Supervisor __________________________ ____________________________ Robert W. Wells Judith McCann-Slaughter Opequon District Supervisor Stonewall District Supervisor ______________________________________________________ Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk NOTICE OF PUBLIC HEARING FREDERICK COUNTY, VIRGINIA The Board of Supervisors of Frederick County invites comments on comments may be presented at the Public Hearing scheduled at: 7:00 p.m., Wednesday, March 28, 2018 at County Administration Of For the purpose of the public hearing on March 28, 2018, written North Kent Street, Winchester, Virginia 22601, or may be presen on March 28, 2018, is encouraged to call the County Administrato following synopsis of the budget is published for information an be paid out for any contemplated expenditure unless and until th PROPOSED FY 2018-2019 BUDGET ADOPTEDPROPOSEDDIFFERENCE 2017-20182018-2019 GENERAL OPERATING FUND: Revenue171,690,869179,503,2287,812,359 Non-Revenue7,918,0471,100,000-6,818,047 TOTAL REVENUE - GENERAL OPERATING FUND179,608,916180,603,228994,312 GENERAL OPERATING FUND: Expenditures72,843,77875,869,3893,025,611 Board of Supervisors Contingency4,323,6201,000,000-3,323,620 Transfer to Adult Detention Center5,394,4595,266,848-127,611 Transfer to Airport Operating129,897120,215-9,682 Transfer to EDA Fund582,770571,282-11,488 Transfer to School Operating77,273,63083,239,6745,966,044 Transfer to School Capital3,088,2870-3,088,287 Transfer to School Debt15,972,47514,535,820-1,436,655 TOTAL EXPENDITURES - GENERAL OPERATING FUND179,608,916180,603,228994,312 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FUND: Revenue15,961,37816,205,919244,541 Non-Revenue1,008,0001,316,409308,409 Transfer from General Operating Fund5,394,4595,266,848-127,611 TOTAL REVENUE - NRADC FUND22,363,83722,789,176425,339 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FUND: Expenditures22,363,83722,789,176425,339 FREDERICK-WINCHESTER LANDFILL FUND: Revenue6,734,6957,471,939737,244 Non-Revenue2,997,54630,199-2,967,347 TOTAL REVENUE - LANDFILL FUND9,732,2417,502,138-2,230,103 FREDERICK-WINCHESTER LANDFILL FUND: Expenditures9,732,2417,502,138-2,230,103 DIVISION OF COURT SERVICES FUND: Revenue651,446551,634-99,812 Non-Revenue010,71410,714 TOTAL REVENUE - DIVISION OF COURT SERVICES FUND651,446562,348-89,098 DIVISION OF COURT SERVICES FUND: Expenditures651,446562,348-89,098 SHAWNEELAND SANITARY DISTRICT FUND: Revenue697,180707,26010,080 Non-Revenue260,480377,831117,351 TOTAL REVENUE-SHAWNEELAND SANITARY DISTRICT FUND957,6601,085,091127,431 SHAWNEELAND SANITARY DISTRICT FUND: Expenditures957,6601,085,091127,431 AIRPORT OPERATING FUND: Revenue1,426,0611,526,227100,166 Transfer from General Operating Fund129,897120,215-9,682 TOTAL REVENUE - AIRPORT OPERATING FUND1,555,9581,646,44290,484 AIRPORT AUTHORITY OPERATING FUND: Expenditures1,555,9581,646,44290,484 LAKE HOLIDAY SANITARY DISTRICT FUND: Revenue779,998779,9980 LAKE HOLIDAY SANITARY DISTRICT FUND: Expenditures779,998779,9980 EMS REVENUE RECOVERY FUND: Revenue1,593,0841,522,400-70,684 EMS REVENUE RECOVERY FUND: Expenditures1,593,0841,522,400-70,684 ECONOMIC DEVELOPMENT AUTHORITY FUND: Revenue24,05024,0500 Non-Revenue08,1518,151 Transfer from General Operating Fund582,770571,282-11,488 TOTAL REVENUE - ECONOMIC DEVELOPMENT AUTHORITY FUND606,820603,483-3,337 ECONOMIC DEVELOPMENT AUTHORITY FUND: Expenditures606,820603,483-3,337 SCHOOL OPERATING FUND: Revenue81,988,38786,081,0064,092,619 Transfer from General Operating Fund77,273,63083,239,6745,966,044 Transfer from School Debt Service Fund617,4780-617,478 TOTAL REVENUE - SCHOOL OPERATING FUND159,879,495169,320,6809,441,185 SCHOOL OPERATING FUND: Expenditures159,301,983168,777,3829,475,399 Transfer to School Nutrition Fund7,0007,0000 Transfer to Textbook Fund570,512536,298-34,214 TOTAL EXPENDITURES - SCHOOL OPERATING FUND159,879,495169,320,6809,441,185 SCHOOL CAPITAL PROJECTS FUND: Non-Revenue650,0001,000,000350,000 Transfer from General Operating Fund3,088,2870-3,088,287 TOTAL REVENUE - SCHOOL CAPITAL PROJECTS FUND3,738,2871,000,000-2,738,287 SCHOOL CAPITAL PROJECTS FUND: Expenditures3,738,2871,000,000-2,738,287 SCHOOL NUTRITION SERVICES FUND: Revenue5,269,1495,317,51248,363 Non-Revenue2,276,4312,675,981399,550 Transfer from School Operating Fund7,0007,0000 TOTAL REVENUE - SCHOOL NUTRITION SERVICES FUND7,552,5808,000,493447,913 SCHOOL NUTRITION SERVICES FUND: Expenditures7,552,5808,000,493447,913 SCHOOL DEBT SERVICE FUND: Revenue403,125418,66215,537 Non-Revenue20,62911,923-8,706 Transfer from General Operating Fund15,972,47514,535,820-1,436,655 TOTAL REVENUE - SCHOOL DEBT SERVICE FUND16,396,22914,966,405-1,429,824 SCHOOL DEBT SERVICE FUND: Expenditures15,778,75114,966,405-812,346 Transfer to School Operating Fund617,4780-617,478 TOTAL EXPENDITURES - SCHOOL DEBT SERVICE FUND16,396,22914,966,405-1,429,824 SCHOOL PRIVATE PURPOSE FUNDS: Revenue75,000300,000225,000 SCHOOL PRIVATE PURPOSE FUNDS: Expenditures75,000300,000225,000 SCHOOL TEXTBOOK FUND: Revenue907,978851,030-56,948 Non-Revenue2,458,8932,873,709414,816 Transfer from School Operating Fund570,512536,298-34,214 TOTAL REVENUE - SCHOOL TEXTBOOK FUND3,937,3834,261,037323,654 SCHOOL TEXTBOOK FUND: Expenditures3,937,3834,261,037323,654 NREP OPERATING FUND: Revenue5,190,5655,191,6591,094 Non-Revenue321,334300,000-21,334 TOTAL REVENUE - NREP OPERATING FUND5,511,8995,491,659-20,240 NREP OPERATING FUND: Expenditures5,511,8995,491,659-20,240 NREP TEXTBOOK FUND: Non-Revenue65,00065,0000 NREP TEXTBOOK FUND: Expenditures65,00065,0000 CONSOLIDATED SERVICES FUND: Revenue3,600,0003,600,0000 CONSOLIDATED SERVICES FUND: Expenditures3,600,0003,600,0000 TOTAL REVENUE - ALL FUNDS418,605,833424,099,5785,493,745 Less Transfers Between Funds103,636,508104,277,137640,629 NET REVENUE - ALL FUNDS314,969,325319,822,4414,853,116 TOTAL EXPENDITURES - ALL FUNDS418,605,833424,099,5785,493,745 Less Transfers Between Funds103,636,508104,277,137640,629 NET EXPENDITURES - ALL FUNDS314,969,325319,822,4414,853,116 TAX RATES Property Taxes - Rates per $100 of assessed value CurrentProposed Real Estate$0.60$0.61 Personal Property$4.86$4.86 Qualifying Personal Property for Volunteer Firefighters$2.25$2.25 Antique Vehicles$0.00$0.00 Mopeds$0.00$0.00 Mobile Homes$0.60$0.61 Aircraft$0.01$0.50 Business Equipment$4.86$4.86 Machinery and Tools$2.00$2.00 Contract Carrier Classified Vehicles$2.00$2.00 The total value of real estate in Frederick County that is exemp At the proposed tax rate of $0.61/$100, the foregone tax would b Machinery and Tools are assessed on declining values based on ac YearAssessment Ratio 160% 250% 340% 4 and all subsequent years30% Vehicle License Taxes Vehicles other than motorcycles$25 each Motorcycles$10 each Business and Professional Occupational License Taxes Contracting, and persons constructing for their own account for $0.16 per $100 of gross receipts Retail sales$0.20 per $100 of gross receipts Financial, real estate, and professional services$0.58 per $100 of gross receipts Repair, personal, and business services$0.36 per $100 of gross receipts Wholesale merchants$0.05 per $100 of purchases All other Business and Professional Occupational License Taxes w forth in Article XVI of Chapter 155 of the County Code. CurrentProposed Meals Tax (of gross receipts)4.0%4.0% Transient Occupancy Tax (of gross receipts)2.5%2.5% Shawneeland Sanitary District Taxes CurrentProposed Unimproved Lots$190 per lot$190 per lot Improved Lots$560 per lot$560 per lot Unimproved - External Users$190 per lot$190 per lot Improved - External Users$560 per lot$560 per lot Lake Holiday Sanitary District Taxes Buildable Lots$678 per lot$678 per lot Unbuildable Lots$264 per lot$264 per lot Lots owned by Lake Holiday Country Club, Inc. (property owners a Buildable Lots$0 per lot$0 per lot Unbuildable Lots$0 per lot$0 per lot Star Fort Subdivision Taxes/Fees $60 per lot$60 per lot Street Light Fees Oakdale Crossing, Fredericktowne$60 Annually$45 Annually Green Acres$25 Annually$25 Annually Sanitary Landfill Fees CurrentProposed Commercial/Industrial$47 per ton$50 per ton Construction Demolition Debris$42 per ton$45 per ton Municipal Solid Waste$18 per ton$20 per ton Municipal Sludge$36 per ton$38 per ton Miscellaneous Rubble Debris$12 per ton$15 per ton All other taxes and fees imposed by Frederick County will remain previously adopted by the Board of Supervisors, or authorized pu CHERYL B. SHIFFLER FINANCE DIRECTOR FREDERICK COUNTY, VIRGINIA