The URL can be used to link to this page

July 25 2018 Regular Meeting Minutes005 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 25, 2018 7.00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P, Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; John Bishop, Assistant Director of Planning — Transportation; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Scott Varner, Director of Information Technology; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Other: Karen Beck -Herzog, Site Manager of Cedar Creek and Belle Grove National Historic Park; Dr. John Lamanna, Frederick County School Board Chairman; Dr. David Sovine, Frederick County Public Schools Superintendent CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor McCarthy delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Mr. Tierney said the applicant for Conditional Use Permit # 07-18 had requested the item be postponed. By consensus of the Board, it was agreed the item would not be postponed. Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the consent agenda was adopted on a voice vote. -Minutes: Called Meeting and Closed Session of June 27, 2018-CONSENT AGENDA_ APPROVAL - Code and Ordinance Committee Report (Attachment 1) - CONSENT AGENDA APPROVAL - Finance Committee Report (Attachment 2) - CONSENT AGENDA APPROVAL - Parks and Recreation Commission Reports (two) (Attachment 3) -CONSENT AGENDA APPROVAL Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia M - Public Safety Committee Report (Attachment 4) - CONSENT AGENDA APPROVAL - Transportation Committee Report (Attachment 5) - CONSENT AGENDA APPROVAL -Northwestern Community Services' Fiscal Year 2018 Performance Contract- CONSENT AGENDA APPROVAL - Resolution Addin2 Business Boulevard to SecondaLy Road System - CONSENT AGENDA APPROVAL RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 25th day of July, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + . + + + + + + - Resolution Supporting Concepts from the Commission on Local Government Draft Report on Annexation Alternatives -CONSENT AGENDA APPROVAL RESOLUTION SUPPORTING CONCEPTS FROM THE COMMISSION ON LOCAL GOVERNMENT DRAFT REPORT ON ANNEXATION ALTERNATIVES WHEREAS, the structure of Virginia local government originated from a need to meet certain service needs of citizens at a more geographical proximate level; and WHEREAS, counties were established as the general form of local government with a mandate to provide a standard level of service; and WHEREAS, cities and towns originated to provide urban types of services such as police and water and sewer infrastructure, in addition to other mandated services; and WHEREAS, cities in Virginia are independent, which means they do not share in some services or tax bases with counties, in the same manner as towns, this feature being unique to Virginia; and WHEREAS, annexation has been historically used to allow cities and towns to extend the delivery of service and for future economic development, which allowed cities and towns to grow their tax base; and WHEREAS, annexations have caused disputes and other disagreements which have resulted in costly and lengthy legal battles and created a general sprit of distrust and hostility between many of Virginia's cities and counties; and WHEREAS, the General Assembly, during its 2016 regular session, extended the existing moratoria for city annexation, county immunity from city annexation, and the granting of new city charters until 2024 and directed the Commission on Local Government to study and provide a report to the General Assembly by 2018 on the following: 1. Evaluate the structure of cities and counties in the Commonwealth; 2. Evaluate the impact of annexation upon localities; 3. Consider alternatives to the current moratorium; and 4. Consult with and seek input from the Virginia Municipal League, Virginia Association of Counties and localities directly affected by the moratorium; and WHEREAS, the Commission on Local Government prepared a draft report regarding annexation alternatives dated June 2018; and WHEREAS, the Commission believes that granting cities the ability to annex in the future to be a very low probability and an ineffective solution. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, supports making the annexation moratoria permanent; and BE IT FURTHER RESOLVED, that this Board supports the concept of granting additional powers to counties through reversion and other interlocal agreements, which could include, but not be limited to, granting/relaxing taxing and debt power/limits to counties affected by reversion and granting/relaxing taxing and debt powers/limits to counties that participate in economic growth -sharing agreements; and Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia oar BE IT FURTHER RESOLVED, that this Board supports the concept of incentivizing additional regional cooperation and regional programs through restoration of previous funding levels to Planning District Commissions and evaluation of other state programs to identify opportunities for more regional focus; and BE IT FURTHER RESOLVED, that this Board supports the concept of modifying consolidation statutes to remove obstacles to include removing or altering the required voter referendum for local consolidation. + + + -+ + + + + + + + + CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS —None COUNTY OFFICIALS: REPORT OF KAREN BECK-HERZOG, SITE MANAGER OF CEDAR CREEK AND BELLE GROVE NATIONAL HISTORIC PARK Karen Beck -Herzog made a presentation to the Board highlighting the activities and attractions of Cedar Creek and Belle Grove National Historical Park, REAPPOINTMENT OF GENE FISHER TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY — APPROVED Upon motion of Chairman DeHaven, seconded by Supervisor Dunn, Gene Fisher was reappointed to the Winchester Regional Airport Authority for a four-year term ending June 30, 2022, REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Mr. Tierney explained there were four requests for refunds that have been reviewed by the County Attorney, Supervisor Slaughter moved for approval of and the corresponding supplemental appropriations for the refund requests by Acar Leasing LTD for $ 2,520.83; BMW Financial Services NA LLC for $ 2,789.61; Bowman Properties LLC for $ 3,282.61; and Capital Meats, Inc. for $ 23,136.35. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye COMMITTEE BUSINESS Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye CODE AND ORDINANCE COMMITTEE Upon motion of Supervisor Trout, seconded by Vice Chairman Lofton and passing unanimously on a voice vote, a public hearing was set on a proposed amendment to Chapter 48 Minute Book 44 Board of Supervisors Meeting of 07/26/18 County of Frederick, Virginia (Animals and Fowl), Article I (Dog Licensing; Rabies Control), Section 48-18 (License Taxes), of the County Code, to allow for lifetime licensing of dogs. Upon motion of Supervisor Trout, seconded by Supervisor Dunn and passing unanimously on a voice vote, a public hearing was set on proposed amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control), Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit), of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. Upon motion of Supervisor Trout, seconded by Supervisor Slaughter and passing unanimously on a voice vote, a public hearing was set on proposed amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. Supervisor Dunn noted he will forward his comments on the matter to the other Board members. Upon motion of Supervisor Trout, seconded by Vice Chairman Lofton and passing unanimously on a voice vote, a public hearing was set on a proposed amendment to Chapter 155 (Taxation), Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed), of the County Code, to correct a typographical error with respect to the tax on electric service. FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following requests: The Planning Director requests an FYI General Fund supplemental appropriation in the amount of $59,066.50. This amount represents a carry forward of unspent budgeted FY18 funds for completion of the Capital Impact Study and Model. The Sheriff requests an FY18 General Fund supplemental approariation in the amount of $4,713.36. This amount represents reimbursements from the Treasury Department. No local funds required. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $5,155.01. This amount represents travel reimbursements from the State. No local funds required. The Sheriff requests an FYI General Fund supplemental appropriation in the amount of $15,191.16. This amount represents a carry forward of unspent FY18 funds from auto insurance claims. The Parks & Recreation Director requests the funds received in FY18 for the PLAY Fund in the amount of $6,488.62 be reserved, subject to future appropriations. The balance will be reduced by the financial assistance provided during FY18 in the amount of $1,270,50. No local funds required. The Parks & Recreation Director requests an FYI General Fund supplemental appropriation in the amount of $121,807. This amount represents a carry forward of unspent FYI 8 funds for Northwest Sherando Park project, Clearbrook Park parking lot, Frederick Heights trail and parking lot, and Abrams Creek trail. The Parks & Recreation Director requests an FYI General Fund supplemental appropriation in the amount of $531,589.70. This amount represents a carry forward of unspent FYI 8 funds for the Northwest Sherando Park project. The Fire & Rescue Chief requests an FY18 General Fund supplemental appropriation in the amount of $13,915.40. This amount represents an auto claim reimbursement. No local funds required. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 11' Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the following request and further moved that the topic be forwarded to the Public Safety Committee for discussion to determine the need for a policy: The Sheriff requests an FYI General Fund supplemental appropriation in the amount of $13,700. This amount represents traffic control reimbursements. No local funds required, Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the following request: An FYI Fire & Rescue Expense Recovery Fund (Fund 30) supplemental appropriation in the amount of $697,923.9.5 is requested. This amount represents $433,487.95 in FYI revenue received over budgeted revenue, and $264,436 in fund balance funds for prior years distributions. No local funds are required. Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the Fire & Rescue Chief's request to move forward with hiring two (2) additional training officers with funds having been budgeted in FYI 9. Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter recognized the Finance Department under the direction of Cheryl Shiffler for their work resulting in the awards bestowed recently by the Government Finance Officers Association. TRANSPORTATION COMMITTEE Vice Chairman Lofton moved for approval of the Resolution of Support for Frederick County and Regional SmartScale Applications. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Minute Book 44 Board of Supervisors Meeting of 07f25/18 County of Frederick, Virginia Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 010 RESOLUTION OF SUPPORT FREDERICK COUNTY BOARD OF SUPERVISORS OR FREDERICK COUNTY AND REGIONAL SMARTSCALE APPLICATIONS WHEREAS, this resolution supports the following Frederick County and Regional SmartScale Applications within Frederick County for the following projects: Frederick County Applications 1. Exit 317 NB Ramp Realignment/Redbud Road 2. Route 11 North Corridor Improvements 3. Route 522 at Costello Drive Turn Lane and Intersection Operations Improvements 4. Route 1 I/Shawnee Drive/Opequon Church Lane Intersection Improvements Winchester Frederick County MPO Applications 5. I-81 Exit 317 Accel/Decel Lane Extensions 6. 1-81 Exit 307 Roundabouts 7. I-81 Exit 313 Bridge Capacity Improvement 8. I-81 Winchester Hard Running ShouldersWinchester Frederick County MPO Applications Northern Shenandoah Valley Regional Commission Applications 9. Route 11 South Corridor Enhancements WHEREAS, the Virginia Department of Transportation (hereafter referred to as the DEPARTMENT) has adopted procedures for evaluating and scoring projects consistent with SmartScale requirements; and WHEREAS, the DEPARTMENT has requested applications to be submitted by localities to be considered for inclusion in the DEPARTMENT'S Six -Year Improvement Program for Fiscal Years 2020 through 2025; and WHEREAS, projects will be evaluated for inclusion in the Six -Year Improvement Program through screening and scoring process to be undertaken by the DEPARTMENT; and WHEREAS, each of the listed projects play important roles in the County's long-range transportation plan, and near -term traffic safety concerns; and WHEREAS, the County of Frederick is an eligible entity to apply for transportation funding under House Bill 2; NOW, THEREFORE, BE IT RESOLVED THAT the Frederick County Board of Supervisors is supportive of each of these applications for inclusion into the Six -Year Improvement Program fiscal years 2020 through 2025. + + + + + + + + + + + + Vice Chairman Lofton moved for approval of the updated language drafts of the Transportation Partnership Opportunity Fund Agreement and Backstop Agreement regarding Intersection Improvements At US Route 50/17 and Independence Drive (Route 1092) Related to Navy Federal Credit Union Facility Expansion. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Agreement Regarding Transportation Partnership Opportunity Fund Grant To Frederick County for Intersection improvements At US Routs 50/17 and Independence Drive (Route 1092) Related to Navy Federal Credit Union Facility Expansion THIS AGREEMENT made and dated this25th day of July, 2018, is made by and between the COUNTY OF FREDERICK, VIRGINIA (the "County"), a political subdivision of Virginia, and NAVY FEDERAL CREDIT UNION ("NFCU"), a federally chartered credit union. RECITALS: WHEREAS, NFCU has previously announced its intention to expand, equip, improve, and operate its support and service operations center located in Frederick County (the "Facility"), making a new capital investment of $100,000,000 in Frederick County and creating and maintaining 1,400 new jobs in Frederick County, all as of December 31, 2022 (the "Expansion"); and WHEREAS, NFCU anticipates receiving various state -level and local -level incentives for the Expansion, including, from the Commonwealth of Virginia, from the Commonwealth's Development Opportunity Fund, from the Virginia Jobs Investment Program, and from a Virginia Economic Development Incentive Grant, and, from the County, through the County's Economic Development Authority, a Local Economic Development Incentive Grant; and WHEREAS, the Expansion will result in increased traffic to and from the Facility, including impacts to the Minute Book 44 Board of Supervisors Meeting of 07/2508 County of Frederick, Virginia Oil intersection of US Route 50/17 and Independence Drive (Route 1092) (the "Intersection"); and WHEREAS, to mitigate such impacts, various improvements, generally identified on the attached Exhibit A (Intersection Improvements Exhibit, August 22, 2017, prepared by Greenway Engineering), to the Intersection (the "Road Improvements") are appropriate; and WHEREAS, the County has applied for a Transportation Partnership Opportunity Fund ("TPOF") Grant (the "TPOF Grant"), pursuant to the provisions of Section 33.2-1529.1 of the Code of Virginia, a copy of the application for the TPOF Grant being attached as Exhibit B, to provide farads to government entities to address the transportation aspects of economic development opportunities, the purpose of the application being to obtain funding for all or a portion of the construction and construction management of the Road Improvements (the construction and construction management of the Road Improvements being the "Road Improvements Project"); and WHEREAS, as the TPOF Grant would be to the County, with the Virginia Department of Transportation ("VDOT") administering the Road Improvements Project and NFCU providing for remaining funding for completion of the Road Improvements Project, to the extent that costs of the Road Improvements Project exceed the amount of the TPOF Grant; and WHEREAS, the guidelines and criteria for TPOF require that a locality receiving TPOF grant funds enter into a TPOF agreement with VDOT governing the use of the TPOF grant funds and that such agreement provide that, among other things, in the event an economic development project for which a TPOF grant is awarded does not meet the job creation/retention and capital investment levels by the performance date and maintain those levels throughout a thirty-six month period following such date, the government entity receiving funds from TPOF must repay a specified amount to TPOF; and WHEREAS, the parties desire to provide a means by which NFCU is to reimburse the County (i) for any and all costs of the Road Improvements Project that may be incurred by the County, to the extent any and all costs exceed the amount of the TPOF Grant, and (ii) for any repayment the County must make to TPOF in the event NFCU fails to meet specified job creation/retention and capital investment levels by a specified performance date and maintain those levels throughout a thirty-six month period following such date. 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: TIES AGREEMENT supersedes the Agreement made and dated January 11, 2018,.by and -between the County and NFCU, as well as, as set forth in section 6a, any other prior understandings, whether oral or written, of the parties regarding the subject matter of the Agreement. 1. RECITALS: The Recitals are made a material part hereof and incorporated herein by reference as if set out in full. 2: THE PERFORMANCE AGREEMENT: NFCU and the County have entered into a Commonwealth's Development Opportunity Fund Performance Agreement (the "Performance Agreement"), for NFCU to receive various state -level and local -level incentives for the Expansion, including, from the Commonwealth of Virginia, from the Commonwealth's Development Opportunity Fund, from the Virginia .fobs Investment Program, and from a Virginia Economic Development Incentive Grant, and, from the County, through the County's Economic Development Authority, a Local Economic Development Incentive Grant. 3. THE TPOF GRANT: The County has received approval of its application for the TPOF Grant, in the amount of S1,290,000,00, and the County may, in its reasonable discretion, enter in to a TPOF agreement (the "TPOF Agreement") with VDOT. In the event, however, that the County does not enter into the TPOF Agreement, or to the extent that the County does not receive TPOF Grant funds, then the parties shall have no further obligations to each other under this Agreement and this Agreement shall be otherwise null and void. 4. NFCU'S PAYMENT OBLIGATIONS: a. As soon as practicable after being notified by VDOT of receipt by VDOT of the estimate for the Road Improvements Project, the County shall notify NFCU of the amount of the estimate, should it exceed the available awarded funding. Within five (5) working days thereafter, NFCU may notify the County that it does not wish to proceed with the Road Improvements Project, in which case the County shall notify VDOT of the same and request that VDOT not award a contract for the Road Improvements Project. If NFCU does not so notify the County, then the Road Improvements Project will proceed, subject to the other provisions of this Agreement. b. To the extent that any and all costs of the Road Improvements Project exceed the amount of the TPOF Grant, NFCU shall pay to the County such excess costs, within 30 days of receiving an invoice from the County for the same, with the County thereafter invoicing NFCU on a monthly basis as to previously unpaid excess costs and as to new incurred excess costs, subject, however, to the provisions of subsection c of this section. C. In the event NFCU fails to meet the following job creation/retention and capital investment levels and, to the extent that VDOT, pursuant to the terms of the TPOF Grant, requires from the County the repayment of any or all of the TPOF Grant, NFCU shall pay upon 30 days written notice, on a pro rata basis based on the extent to which NFCU fails to meet the following job creation/retention and capital investment levels, to the County the amount equal to the repayment VDOT requires from the County: i. New capital investment of $100,000,000 in Frederick County by not later than December 31, 2022; and ii. Creating and maintaining 1,400 new jobs in Frederick County, as of December 31, 2022; and iii. Maintaining the levels in (i) and (ii) through and including December 31, 2025. d. In the event NFCU fails to satisfy any outstanding obligations to the County under Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 012 this Agreement, NFCU agrees that the County may, and authorizes the County to, withhold such sums from any amounts that may be due to NFCU from the County, including under the Performance Agreement, and including whether such amounts are pass -through funds from the Commonwealth's Development Opportunity Fund, the Virginia Jobs Investment Program, or a Virginia Economic Development Incentive Grant, or whether such amounts are from the County, through the County's Economic Development Authority, as a Local Economic Development Incentive Grant. Furthermore, NFCU indemnifies and holds harmless the County and its officials and employees from and against any and all claims against them that may arise from or relate to the withholding of funds as provided for in this section 4d. .....++++++f TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND AWARD AGREEMENT This Award Agreement (this "Agreement") is made and entered into as of July 25, 2018, by and among the Virginia Department of Transportation ("VDOT" or the "Department"), an agency of the Commonwealth of Virginia (the "Commonwealth"), and the County of Frederick, Virginia (the "Recipient" or the "County"), a political subdivision of the Commonwealth. Explanatory Statement A. The Transportation Partnership Opportunity Fund ("TPOF" or the "Fund") was created under Section §33.2-1529.1 of the Code of Virginia (the "Code") to provide funds to address transportation aspects of economic development opportunities. B. The Governor is authorized to award assistance from the Fund in various forms to an agency or political subdivision of the Commonwealth. C. The Recipient is a duly created and validly existing political subdivision of the Commonwealth and is eligible to receive financial assistance from the Fund. D. The Recipient submitted an application requesting one million, two hundred and ninety thousand dollars ($1,290,000.00) in the form of a grant from the Fund to assist in the US Route 50/17 and Independence Drive Intersection Improvements project as defined in Exhibit A (the "Project Description" or the "Project"). The Project facilitates an economic development opportunity for the Commonwealth, thereby meeting the Transportation Evaluation Criteria established for the Fund, and VDOT is the entity selected by Frederick County to perform the work prescribed. The projected costs of the Project are identified in Exhibit B (the "Project Budget and Sources of Funds") to this Agreement. E. The TPOF Advisory Panel (the "Panel") has evaluated the application and has found that it meets the requirements of the Code and the Transportation Evaluation Criteria established in the Fund's Guidelines and Criteria, dated January 2016, The Panel recommended on December 14, 2017 to the Secretary of Transportation and the Secretary of Commerce and Trade, an award by the Governor of a one million, two hundred and ninety thousand dollars ($1,290,000.00) grant, subject to certain conditions. F. On January 11, 2018 the Governor approved the award of the one million, two hundred and ninety thousand dollars ($1,290,000.00) (the "Grant") to the Recipient. A copy of the Decision Brief signed by the Governor is provided as Exhibit C. G. Sufficient monies exist in the Fund to consider the recipient's request for financial assistance. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is to provide for the terms and conditions required for making the Grant, the disbursement and application or use of the proceeds of the Grant and other matters related thereto. 2. Disbursement Authorization and Application and Use of TPOF Grant Proceeds. (a) Disbursement. The County will allow VDOT to administer the funds with concurrence to apply the grant funding after expenditures are incurred. Prior to applying the funding to VDOT incurred costs, the County will be provided project expenditure details to review the application of the Fund to those expenditures. (b) Application and Use of Grant Proceeds. The Grant proceeds shall be used for the sole purpose of funding the cost and expenses of the activities and tasks undertaken by the Department in the development and procurement of the Project as generally summarized in the Project Budget and described in more detail in the Recipient's TPOF application (the "Work" or "Work Product"). Project expenditures will be composed of but not limited to right-of-way acquisition, professional and inspection services, construction contractor payments and a contingency. The Grant will be limited to one million, two hundred and ninety thousand dollars ($1,290,000.00) and along with the other identified monies, is expected to be adequate to fully fund the tasks identified in the Project Budget. Any Project cost exceeding the amount of the Grant shall be paid for by the Recipient using its own monies. (c) As soon as practical after receipt of the estimate for the project, VDOT shall notify the County of the amount of the estimate should it exceed the available awarded funding. Thereafter, VDOT shall not proceed with award of the contract for the project until the County reviews and agrees to the amount of the estimate. If the County does not respond within 10 working days, the Department will assume the estimate is approved and proceed to enter into the contract as received. (d) Performance Date. Means December 31, 2022. If the Recipient, in cooperation with VDOT, deems that full faith and reasonable efforts have been made and are being made by the Recipient to achieve the Targets, as defined in section 2 (e), VDOT may extend the Performance Date by six (6) months. If the Performance Date is extended, this new Performance Date will for the purpose of this agreement be the Performance Date. The Performance Date shall only be extended twice during the life oft he Project. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 013 (e) Targets. The Recipient agrees that the capital investment will be $100,000,000 and the number of jobs created, as defined by the Commonwealth Opportunity Fund agreement dated will be 1,400. 'These amounts will be achieved on or prior to the Performance Date and shall be maintained for a total of thirty-six (36) months after the Performance Date. The average annual wage of new jobs will be $60,314. The capital investment is limited to the capital investment specific for this grant. (f) Reporting Period. The reporting period is from the date of this Agreement to thirty-six (36) months after the Performance Date. 3. Project Schedule. Every good faith effort shall be made by the Recipient to cause the completion of components of the Work no later December 31, 2019. 4. Reports and Records. (a) Maintenance Requirements. Full and detailed accounts and records shall be maintained, as appropriate, by the Department for the Project and the Grant and such controls shall be exercised as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and standards, so as to provide complete records to fully support the use of the Grant proceeds to pay any cost and/or expense charged to the Work. During the performance of the Work, access shall be afforded by the parties to each other and their representatives and agents to the records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data, including but not limited to electronic schedules and other electronic data (all collectively referred to as the "Books and Records") relating to the Work. Recipient's Books and Records shall be maintained at the Edinburg Residency located at 14031 Old Valley Pike Edinburg, VA 22824, (b) Periodic Reports. On April 1 and October 1 of each year until the End of the Reporting Period, the Recipient shall provide to VDOT's Chief Financial Officer a summary outlining the use of the TPOF monies and the status of the Project. The Department will provide a project status update to the Recipient to support the report. This report should also provide an update on all progress made in order to achieve the Project's investment and employment Targets set forth in section 2( e) which the County will be responsible for obtaining. In addition, the Recipient shall promptly notify VDOT of any material events that could affect the Recipient's ability to meet its financial obligations toward the Project. 5. Extension in the Performance Date. If the Recipient has not achieved at least 90% of its new jobs and capital investment Targets by the Performance Date set forth in this agreement, an extension may be granted, as long as the Recipient can provide sufficient evidence to VDOT that a full faith effort is underway in achieving its Targets. Generally, an extension will be granted only in circumstances under which it is reasonable to believe that the Recipient is likely to make significant progress toward meeting its performance Targets by the extension date. 6. Failure of Compliance. If Targets are not met, the Recipient will be issued a Notice of Failure and will be held responsible for any repayments as calculated by VDOT. The recipient will have a period of Thirty (30) days to respond to a failure and repayment notice, after which time the Recipient will be required and responsible for returning the grant monies to the Commonwealth within ninety (90) days of the Notice of Failure. 7. Repayment Obligation. Repayment obligations will be assessed based on an equal weighting of the Targets. In the event that the Project covers .Yobs and Investment, each Target is weighted at 50% and the repayment obligation will be based on the combined level of failure to meet the Targets. For projects that only have a single Target, this Target will be the only calculation for repayment obligation. ..... ..... + Vice Chairman Lofton moved for approval of the attached Resolution for the Board of Supervisors Commenting on the Interstate 81 Corridor Study. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye A RESOLUTION FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA TO COMMENT ON THE INTERSTATE 81 CORRIDOR STUDY WHEREAS, under Senate Bill 971 VDOT is conducting a corridor study for I-81, and, WTIEREAS, VDOT and the Office of Intermodal Planning and Investment are seeking comments from individuals and localities on various items under study; and, WHEREAS, The Frederick County Board of Supervisors has congestion and safety concerns at all of the I- 81 Interchanges but particularly Exits 307, 313, 315, 317, and 323 primarily during peals hours of operation; and WHEREAS, The Frederick County Board of Supervisors has congestion and safety concerns for the through lanes of 1-81, particularly the area between exit 310 and 317 through the majority of the operational day which results in numerous accidents and delays; and Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 014 WHEREAS, The Frederick County Board of Supervisors would continue to encourage the consideration of the future Route 37 Eastern loop as a potential alternative to I-81 widening or to reduce the extent of 1-81 widening; and WHEREAS, The Frederick County Board of Supervisors is supportive of analyzing various funding scenarios and particularly federal and state fending options so long as any proposed solution does not place an unequitable burden on Frederick County Taxpayers; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby submits this resolution for the first round of public comments for the I-81 corridor study and looks forward to further opportunities for continued involvement. . + + + + + ..... + PUBLIC HEARINGS (Non -Planning Items) - OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN HOTLINE —19TH ANNUAL FRIDAY FISH FRY - 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 Friday, September 7, 2018, from 4:00 P.M. to 9:00 P.M.; on the Grounds of Grove's Winchester Harley-Davidson, 140 Independence Drive, Winchester, Virginia, Property Owned by Jobalie, LLC. Mr. Tierney provided background information on the event. 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 Outdoor Festival permit for the Concern Hotline 19th Annual Fish Fry was approved on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 2. AMENDMENT to the 2019 FISCAL YEAR BUDGET — POSTPONED TO THE AUGUST 8, 2018 MEETING Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2018-2019 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $45, 500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School. Request for Appropriation of funds for replacement Aylor Middle School Building 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 said the request is for a supplemental appropriation to the annual budget for the acquisition of land, design and construction of a replacement Aylor Middle school. He said this is a required step before the School Board can go to the bond market to borrow for the project. Chairman DeHaven opened the public hearing. The speakers were as follows: Eva Stein, Opequon District, said she is a future Aylor student. She asked the Board to approve the building of a new Aylor Middle school that is the same size as other County middle schools. She asked that the vote not be delayed. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 015 Jackson Stein, Opequon District, asked the Board to approve the funding for a new Aylor School. He asked the Board not to delay the vote on the issue, so the project will not be delayed. He asked that the replacement be the same size as other County middle schools. Jennifer Myers, Stonewall District, said she is disappointed with the direction the Board is taking and compared it to a game of approving housing and then withholding infrastructure. She named many new housing developments in the Aylor school district and said forcing the Aylor School to have a smaller building is irresponsible. She suggested a tax increase would allow the building to be completed. Katie Bocker, employee of Frederick County Public Schools, asked that the Board not delay the vote on the funding for Aylor Middle School, She said the current Aylor building does not have the needed space for the students and needs to be replaced. Adam Stein, Opequon District, asked the Board to fully fund the Aylor replacement Building without delay. He said growth in the community means the school is needed and said the delay will cost tax payers in the long run on. Kelly Harvey, Back Creek District, said she is in favor of a new Aylor building with square footage comparable to the other middle schools and the flexibility to accommodate growth in the future. Amber Wallin, Opequon District, noted the comparisons to Brambleton Middle School in Loudoun County. She asked why the two most recently built County middle schools were planned for 160,000 but now the Board says this size is excessive. She said the fact that the County built these two schools means they were a need rather than a want. Marcella Simmons, Assistant Principal at Aylor Middle School, said she is dismayed by the continued denial of funding for the most important needs. She said children are not dollars and cents and minimum square footage. She said functional square footage is not minimum square footage and said that having the lowest tax rate in the commonwealth is not being fiscally responsible, Shawn Graber, Back Creek District, suggested that many of the speakers were responding to a letter from the superintendent. He noted the cost of fully funding the Schools' five-year CIP projects and cited the County's personal property tax rates as being higher those in neighboring counties. Robin Young, Back Creek District, said she supports the Board funding the larger requested size, and asked that the plans allow for expansion if the full size is not built at this time. . Brandi Hammond, Shawnee District, referenced the discussion about different funding amounts and said that at least $52 million will be required to complete the project. She said each month of delay costs the County between $125,000 to $150,000 with the delay costing about a half million already. She encouraged the Board members to listen to their constituents and build a building for the future. Jill Couturiaux, teacher at Aylor Middle School, said the Aylor teachers and students need space and compared the building to Byrd Middle School where the building allows flexibility. She said the students are owed the best possible learning environment. Mike Faison, Gainesboro District, stressed the importance of collaborative learning spaces Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia in schools. He said group working environments prepare students for the workplace, citing his experience as a substitute teacher. He encouraged the Board to move forward with funding for the Aylor replacement, Mara Guntang, Back Creek District, urged the Board to fund the Aylor Middle School replacement building. She said she is disappointed that the current funding proposal will build 20,000 square feet less than the Byrd Middle School and cited approximately 3,500 new homes projected for the area. She said the proposal would build the smallest middle school in the County and asked the Board not to make the mistake of building school that is too small for future growth. Brian Nury, Opequon District, said he is concerned about the Aylor replacement project. He said there is a huge amount of growth in the County. He asked why the School Board was being prevented from planning for the future and noted the cost of delay in making a decision. Unnamed parent, Opequon District, said his children will benefit if the Board makes a decision. He asked the Board to look forward and build the larger proposed school building. Laonna Rauser, Back Creek District, said she is a School Counselor at Aylor Middle School. She said the community is not asking for what it wants, but for what it needs. She said the 160,000 square foot building is not an unreasonable request and asked that the Aylor community be shown the same consideration as the other County schools. Sophia Guntang, Back Creek District, said a 140,000 square foot building, smaller than all other County middle schools, is not what the community needs with the current student population. She asked Supervisor Lofton to vote in support of funding a 160,000 square foot building. Dr. David Sovine, Superintendent of Schools and Shawnee District resident thanked the Board for its level of engagement and support for the Aylor replacement project. He noted the ongoing process and the costs of delaying the decision on the appropriation. He noted the high acceptance rate for Frederick County students applying to four-year public colleges or universities in Virginia. Alan Morrison, Gainesboro District, said the Aylor replacement process has been difficult in part because the target is moving. He said there must be balance between emotion and reason and noted a resistance to benchmarking with other districts. He said the County needs to get the most impact from each dollar, but that funds are not unlimited. Dana Newcomb, Gainesboro District, said the proposal and procurement plan for Aylor's replacement is not structured correctly and could be subject to fraud, waste and abuse. He said the Board should go back to the School Board and ensure that the procurement will be competitively bid in order to ensure the County gets the most for its money. Carrieanne Hite, Shawnee District, noted the square footage of recently built schools and noted design differences in education methodology. She said Byrd Middle School was not controversial, and the School Board should not be held to a design model that does not equate to its education model. She asked that the Board give the Aylor students what the Byrd students are getting. Joy Kirk, Back Creek District, said she had been a teacher at Aylor. She said all students deserve the best teaming environment and that a 160,000 square foot building allows a better Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 017 learning situation. Dr, John Lamanna, Frederick County School Board, said he was speaking in defense of his coworkers. He said there can be disagreement between the Boards, but he has difficulty when the integrity of the School Board is challenged. He said the School Board genuinely and through much research and debate has decided that the 160,000 square foot building is the best option. George Hughes, Gainesboro District, asked why schools are so expensive and noted his concern about obsolete school buildings and unnecessary expenses. Jennifer Myers, Stonewall District, said children are learning differently than in the past. She said schools are always catching up and do not have the money to fix current buildings. She said the County needs to look to the future and not keep using band -aids. Kevin Barrington, Back Creek District, said he coaches football at Aylor. He said the future of the kids is dependent on a better Aylor building. Chairman DeHaven closed the public hearing. . Supervisor Wells said he was in favor of the 160,000 square foot building option for replacing Aylor. He said he did not wish to postpone the vote. He said that while the Board further discusses the 160,000 square foot option he wishes to move forward with the requested appropriation which could be added to at a later time. He moved for approval of the appropriation for $45.5 million while the Board considers an additional amount if needed. Supervisor Trout seconded the motion. Supervisor McCarthy said it may be unwise to vote before the additional requested information is received from the School Board. Vice Chairman Lofton said he supports the replacement but prefers to take time to digest the information that is forthcoming from the School Board, Supervisor Trout said the $45.5 million is a good start that can be added to later. She said she hopes the Board will fully support the original request for $52 million. Supervisor Slaughter said that since the Board has requested additional information from the School Board, it is appropriate to take the information into consideration when making a decision. She added that regarding the bond market time frame, the Board has the authority to appropriate the amount in question even if the deadline is missed, and therefore the market timing is not an issue. Supervisor Dunn said that it appears the bond market deadline can be met if a decision is made within two weeks and therefore he will vote no at this time to allow time to receive the additional information from the School Board. Supervisor Slaughter said the consensus of the Board is that a new building is needed to replace Aylor. Supervisor Trout said that previous Boards have approved school construction projects in piecemeal fashion so there is precedent for appropriating the $45.5 million'now and adding to it later. She urged the members to make an appropriation now saying that the constituents have spoken many times about the need to start the replacement building. She added that not making the requested appropriation when the vast majority of constituents are in favor of the action is irresponsible. Minute Book 44 Board of Supervisors Meeting of 07/26/18 County of Frederick, Virginia ®1 Chairman DeHaven said that appropriating the amount of money that the Board has already said it would do at the current meeting allows the School Board time to work on their application to the bond market. He said he prefers not to leave the matter until the last minute forcing the School Board to rush their application, and that he will call another meeting to allow a decision to be made by August 8 if the motion should fail. Supervisor Wells said much time was spent arriving at the figure that the Board said it would agree to appropriate and he has a hard time understanding how his fellow Board members still have unanswered questions. He said he is disappointed that his motion will not move forward. Supervisor Dunn said he hopes his question about the difference between a 140,000 and 160,000 square foot building will be answered by the School Board. He added that the earlier citizen comment about the difference in education styles between Loudoun and Frederick Counties was constructive. Supervisor McCarthy moved to amend the motion to delay action until the next meeting. Supervisor Dunn seconded the motion to amend Supervisor Wells' motion and the amendment was upheld as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout No Robert W. Wells No Charles S. DeHaven, Jr. No The amended motion to delay the vote on the $45.5 million appropriation until the next Board meeting carried as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye PLANNING COMMISSION BUSINESS Public Hearings Shannon G.Trout No Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 1. REZONING #05-17 for O-N MINERALS (CHEMSTONE) d/b/a Carmeuse Lime & Stone, CONTINUED from March 14, April 25, May 23, and June 13, 2018 - DENIED Submitted by Lawson and Silek, PLC., to Amend the Proffers for this Property; Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Proffer to 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 Planning Director Candice Perkins provided a review of the updated proposed proffer revisions. She clarified the berm provision in response to Supervisor McCarthy's question. In response to Supervisor Dunn's question about the proffered smaller footprint of the operation, Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 019 Ms. Perkins said the applicant could reduce the footprint of the operation administratively without a proffer amendment. George McKotch, Area Operations Manager for the applicant Canneuse Lime & Stone, provided background information on the updated proposed proffers. He said that berms are farther from residents and that restricting the hours of operation north of Chapel Road is in response to neighbors' wishes. He told the Board that a no vote means reversion to the 2008 proffers and construction will begin as soon as possible. In response to Supervisor McCarthy's question about Saturday and Sunday operations, Mr. McKotch said the intent is not to operate on Saturday and Sunday, but they do not wish to limit themselves from doing so if necessary. Chairman DeHaven opened the public hearing. The speakers were as follows: Kevin, Barrington, Back Creek District, said there is wordplay in the proffer amendment documents. He said he is not happy with any of the proffers and the residents are faced with loss of property value and quality of life. Bill Hunter, Back Creek District, said he has asked for help and agreed with the previous speaker about the word games in the proffer language, He said the water issue was slipped into the proffer under the terms of a program that does not exist. Robin Young, Back Creek District, compared the two proffer versions. She said the majority of residents prefer eight more years of the existing view before it is disturbed. She said water is critical and she does not want water sold by profiteers. She said 10 years ago the Board forced a bad deal onto the Back Creek residents, and the Board now needs to choose the best of two bad deals. Richard Dye, adjacent property owner, spoke about the berm along Middle Marsh. He questioned why Carmeuse would no longer agree that allowing the trees to grow in 10 years is a good idea. George Hughes, Gainesboro, asked about he extractive life of the mine and asked what is done with the mine when it is no longer in use. Keon Banks, Back Creek District, said the issue is integrity. He said there is a tradeoff in having the hours of operation and having weekends and holidays affected, and he wished that had been resolved prior to tonight to minimize the effect on residents. He said the wording in the document should match what the applicant is saying. Ed Straun, Back Creek District, said he participated in most of the discussions through the process. He said the issue comes down to the old proffer versus the new one. He said he can only support the revised proffer since the old one was a disaster, Robin Young, Back Creek District, referred to her copy of the proffers and clarified the proffer language regarding spoil heaps in relation to berm heights. Chairman DeHaven closed the public hearing. George McKotch, Area Operations Manager of applicant Carmeuse Lime & Stone, clarified that the word "normal" in reference to operating hours has been removed from the amendment. Supervisor McCarthy asked for clarification on major holidays being used for operations. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia Mr. McKotch said "no major holidays" means no major holidays. Vice Chairman Lofton asked whether there is a legal workaround to allow the applicant to work on weekends and holidays. County Attorney Williams said the applicant appears to be saying two different things. Mr. McKotch offered to go on record saying for the property north of Chapel Load the hours of operation will be only Monday — Friday from 6pm to 10 pm. He said his intention is not to mine on weekends. Vice Chairman Lofton moved for approval of the rezoning with the amendment of inserting the word "only" into the language about the hours of operation. Supervisor McCarthy seconded the motion. He said he was glad the residents had been involved and sees compromise in the new proffer which he said is the making the best of a bad deal. He added that he finds it unconscionable that a company would knowingly make a statement about hours of operation that they intended to violate. Supervisor Dunn reviewed his thought process on the matter beginning with the baseline 2008 proffer. He said his opinion is that Carmcuse wanted a smaller footprint since they are in business to make money. He noted that about eight weeks ago he asked Planning Department staff whether Carmeuse could obtain the smaller footprint administratively without a proffer and he was told yes. He said Carmeuse could have approached the neighbors to work out the time frame and administratively arranged to change to a smaller footprint. He said he has wrestled with the trade off in the time frame and the hours of operation. Vice Chairman Lofton noted the comments on loss of home values saying the quarry has owned the land since 1954 and was likely here before most of the homes. He said 11 items were cited by the residents and all have been addressed. He said there are more protections in the new proffers. The motion for approval failed on the following roll call vote: Blaine P. Dunn No Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann -Slaughter No At 9:50 pm the Board recessed for a short break. At 9:55 pm the Board reconvened. 2. CONDITIONAL USE PERMIT #07-18 For WINCHESTER 101 LLC - DENIED For a Revision to the Conditions of Conditional Use Permit #13-96 Submitted to Change the Hours of Operation. The Property is Located at 4780 Northwestern Pike, Winchester, Virginia and is Identified with Property Identification Number 40-A-66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. Note: On JuIV 19, the Applicant requested a deferral of the public hearing. Zoning & Subdivision Administrator Mark Cheran reviewed the Conditional Use Permit request. He said the country store had originally received a conditional use permit in 1996, and the current hours of operation are 5 a.m. to midnight. He said the applicant is now requesting 24- hour operations. Mr. Cheran said the Planning Commission recommend denial of the new Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 021 conditional use permit at their June 6 meeting. He further explained that the applicant requested deferral of the item at the current meeting in order to address concerns of violations that were raised at the June 6 Planning Commission meeting. He added that a resident's complaint letter was recently received that raised. other issues at the location. Supervisor McCarthy asked for clarification on when the application for a new permit was received and Mr. Cheran said that it was received after his letter notifying the applicant of a potential violation. Chairman DeHaven inquired if there had been any other violations at the site. Mr. Cheran said there had not been any others. Supervisor McCarthy asked if there had been other complaints at the site. Mr. Cheran said there have been other complaints on issues other than the 24-hour operations. He said the usual process involves allowing the applicant to address the complaint. Supervisor McCarthy and Mr. Cheran discussed the history of revoking conditional use permits in the County, and the frequency of complaints at the applicant's business site. Chairman DeHaven opened the public hearing. The speakers were as follows: Robin Menefee, Gainesboro District, said she is an adjacent property owner and requests denial of the new conditional use permit. She further said that in the denial, the term "closed" needs to be defined because the current business is stretching the meaning of the word which results in the violation of the current conditional use permit. She said the current business is in effect a truck stop rather than a country store and serves many hundreds of vehicles per day. She said the original owner operated the store with no issues but following the conditional use permit being granted in 1996 there has been an increase in the business. Ms. Menefee said the site plan for the property is unknown and reconfiguration happens with no oversight. She said the residents have been dealing with the matter for 20 years as the business has grown and she requested review of the current permit for compliance. Mary Kay Menefee, Gainesboro District, said she was concerned about the store going to a 24-hour operation. She noted the noise problem with trucks slowing down especially during the night hours even with her windows closed and air conditioning running. Brenda Newcome, Back Creek District, said she lives directly across from the store and has been there for 40 years. She said the noise and lights from the store are dramatic and intrudes in to their home and she is also concerned about light pollution, loud trucks and bright lights. She asked the Board to consider having this situation remedied. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for denial of the application with the matter being referred to Zoning Administrator Cheran for a Planning Commission hearing to consider revocation of the original conditional use permit. Supervisor Slaughter seconded the motion. Supervisor Trout asked for clarification of the motion. Mr. Cheran explained that in these situations, a letter is sent to the permit holder explaining the violations and offering a date for the hearing. Supervisor McCarthy said the conditional use permit is a privilege and not a right, and a hearing would allow the Board to determine whether the applicant has violated the CUP to the extent that revocation is appropriate. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia r Supervisor Slaughter asked about light pollution and County standards saying the issue seems to be very large. Mr. Cheran said there are standards in the ordinance that are adhered to. He said that the applicant's current CUP was approved before lighting standards were added. She asked whether existing CUPs were reviewed for compliance to new standards. She said that the County may wish to establish a policy for such review. Mr. Tierney said that in the past, CUP$ were reviewed annually, but that because of workload and the amount of time involved the practice was discontinued. He said that review of CUPS is complaint driven. The motion for denial of the Conditional Use Permit #07-18 amending Permit #13-96 and recommending a hearing to consider revocation of the Permit #13-96 was carried on the following roll call vote: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Other Planning Items Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 1. REQUEST FOR JOINT BOARD OF SUPERVISORS — PLANNING The Chairman asked that the Board members notify the Deputy Clerk of their availability to meet on the proposed dates. BOARD LIAISON REPORTS Supervisor Wells read an invitation to attend the Frederick County Fair that he received from a constituent. CITIZEN COMMENTS Alan Morrison, Gainesboro District, said that rampant residential growth for many years is coming back to haunt the County. He said the word integrity has been bandied around during the meeting and noted the meaning of words and their truths is changing. He said the result is people are unable to communicate efficiently. George Hughes, Gainesboro District, said he is disturbed about many things going on at the meeting. He said he is disturbed by the Board not paying attention to all the little things and are not paying attention to the money. He said schools can be renovated for less than building new schools. He said people cannot move next to a business and expect no changes and asked the Board to consider what existing businesses are worth to the County. BOARD OF SUPERVISORS COMMENTS - None Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 02610 ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 10:38 p.m. co.-'J Ln =A Charles S. DeHaven, Jr, Chairman, Board of Supervisors Kris Clerk, Board of Superviso Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia Minutes of July 25, 2018 - Appendix 1 CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy; and Stephen Butler Committee Members Absent: Derek Aston and James Drown Staff present: Roderick B. Williams, County Attorney; Jay E. Tibbs, Deputy County Administrator; Sheriff Lenny Millholland; Mark Fleet, Building Official; Lorraine Mossburg representing the Commissioner of the Revenue; Karen Orndorff representing Public Works; Treasurer C. William Orndoff, Jr.; Wayne Corbett, Deputy Treasurer; and Chad DeHaven, Account Analyst with the Treasurer's Department. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Amendment to Chapter 48 (Animals and Fowl), Article I (Dog Licensing; Rabies Control), Section 48-18 (License Taxes), of the County Code, to allow for lifetime licensing of dogs. -See Attached This proposed amendment would enable the issuance of lifetime dog licenses and would permit zero cost lifetime licenses for dogs adopted from the Frederick County Esther Boyd Animal Shelter. The intent of the proposed ordinance would be to reduce the administrative burden of the County's current dog licensing system and encourage adoptions from the Shelter. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control), Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit), of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. -See Attached This proposed amendment would require that any delinquent real estate taxes and other charges that constitute a lien on a property, that are owed to the locality, to be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. This proposed ordinance would apply to new construction and additions but would not be applicable to emergency work. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. -See Attached This proposed amendment would revise the County Code, Noise Ordinance, to adopt as the standard for prohibited noise as "plainly audible" at certain points beyond its source. Also, with respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The proposed amendment does not generally deviate from the general principles of the current ordinance and keeps the general noise prohibition limited to the RP, R4, R5, and MH zoning districts, with the noise prohibition being applicable 9:00 p.m. to 6:00 a.m. It was noted the proposed amendment also expressly provides that the noise prohibition does not apply to a bona fide agricultural activity and there is included a further list of other activities that are not subject to the prohibition. Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia MW Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was approved by a 3-1 vote with Mr. Dunn voting no. Mr. Dunn stated he would like to see noise regulated on a case by case basis in an effort to address instances where citizen might be caring for a loved one with a medical issue. The Committee, while sympathetic, did not support this proposal. They did, however, direct the county attorney to look at ordinances from other localities to see if there might be a way to address Mr. Dunn's concern. An amendment to Chapter 155 (Taxation), Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed), of the County Code, to correct a typographical error with respect to the tax on electric service. -See Attached This proposed amendment would correct a typographical error within Section 155- 34(A)(1)(a)(2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. The subsection, currently, erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. Upon a motion by Mr. McCarthy, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. ITEMS FOR INFORMATION ONLY 1. Review of Committee Charter. -See Attached The Committee reviewed its charter. There were no changes proposed to the current charter. 2. Other. The Committee discussed a concern raised by a citizen in the Gainesboro District regarding the discharge of firearms near a residence. The Committee asked the county attorney to look at ordinances from other localities to see how that issue is addressed. There being no further business, the meeting was adjourned at 9:06 a.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 026 Minutes of July 25, 2018 - Appendix 2 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, July 18, 2018 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 18, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman, Charles DeHaven, Gary Lofton, and Jeffrey Boppe. Non -voting liaisons: William Orndoff, Treasurer, and Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: Angela Rudolph Staff present: Cheryl Shiffler, Finance Director, Sharon Kibler, Assistant Finance Director, Kris Tierney, County Administrator, Jay Tibbs, Assistant County Administrator, Rod Williams, County Attorney, Dennis Linaburg, Fire Chief, Keith Jenkins, Deputy Fire Chief, Renny Manual, WRA Director, and Lenny Millholland, Sheriff. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: O Items 3, 5, 6, 7, 8, 9, 10, and 12 were approved under consent agenda. 1. The VJCCCA Director requests an FY18 General Fund budget transfer in the amount of 20 700 from a salary line item. This amount represents funds needed to cover May and June services. See attached memo, p. 3. The committee recommends approval. 2. The Winchester Regional Airport Director requests an FY18 General Fund budget transfer in the amount of $21,924 from salaries and fringes. This amount represents funds needed to cover fuel deliveries. See attached memo, p. 4. The committee recommends approval. 3. (} The Planning Director requests an FY7.9 General Fund supplemental appropriation in the amount of $59,066.50. This amount represents a carry forward of unspent budgeted FY18 funds for completion of the Capital Impact Study and Model. See attached memo, p. 5. 4. The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $13,700. This amount represents traffic control reimbursements. No local funds required. See attached memos, p. 6 — 11. The committee recommends approval. The committee also recommends forwarding the topic to the Public Safety Committee for discussion to determine the need for a policy. 5. (Vb The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $4,713.36. This amount represents reimbursements from the Treasury Department. No local funds required. See attached memos, p. 12 —13. 6. (0) The Sheriff requests an FY18 General Fund supplemental appropriation in the amount of $5,155.01. This amount represents travel reimbursements from the State. No local funds required. See attached memos, p. 14-17. 7. O The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 15 191.16. This amount represents a carry forward of unspent FY18 funds from auto insurance claims. See attached memo, p. 18. 8. O The Parks & Recreation Director requests the funds received in FY18 for the PLAY Fund in the amount of $6,488.62 be reserved, subject to future appropriations. The Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 027 balance will be reduced by the financial assistance provided during FY18 in the amount of $1,270,50, No local funds required. See attached memo, p. 19— 23. 9. () The Parks & Recreation Director requests an FY19 General Fund supplemental appropriation in the amount of $121,807. This amount represents a carry forward of unspent FY18 funds for Northwest Sherando Park project, Clearbrook Park parking lot, Frederick Heights trail and parking lot, and Abrams Creek trail. See attached memo, p. 24. 10, ( ) The Parks & Recreation Director requests an FY19 General Fund supplemental appropriation in the amount of 531 589.70. This amount represents a carry forward of unspent FY18 funds for the Northwest Sherando Park project. See attached memo, p. 24. 11. An FY18 F&R Expense Recovery Fund (Fund 30) supplemental appropriation in the amount of $697,923.95 is requested. This amount represents $433,487.95 in FY18 revenue received over budgeted revenue, and $264,436 in fund balance funds for prior years distributions. No local funds are required. The committee recommends approval. 12. O The Fire & Rescue Chief requests an FY18 General Fund supplemental appropriation in the amount of $13,915.40. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p. 25-26. 13. The Fire & Rescue Chief requests approval to move forward with hiring two (2) additional training officers. Funds have been budgeted in FY19. See attached memo, p. 27-29. The committee recommends approval. ITEMS FOR INFORMATION ONLY 1, The Finance Director provides a Fund 10 Transfer Report for June 2018. See attached, p. 30 — 32, 2. Fund balance information will be provided afterthe County closes FYI& 3. The Lord Fairfax SWCD sends a letter of thanks for the FY 2019 contribution. See attached, p. 33 — 39, 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2017 Popular Annual Financial Report (PAFR). This is the 12th consecutive year that Frederick County has received this achievement. See attached, p.40-41. 5. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2017 Comprehensive Annual Financial Report (CAFR). This is the 32nd consecutive year that Frederick County has received this achievement. See attached, p. 42-44. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe 41 By Cheryl B. Shiffler, Finance Director Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia M Minutes of July 25, 2018 - Appendix 3 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, June 12,2018 7:00 p,m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: June 13, 2018 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on June 12, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Amy Strosnider, Charles Sandy, Jr., and Robert Wells (Board of Supervisors' Non -Voting Liason). Members absent: Guss Morrison. Items Requiring Board of Supervisors Action: 1. Master Plan -The Commission recommended adopting the Master Plan; Mr. Sandy moved to approve, seconded by Mr. Madagan, carried unanimously (7-0). Master Plan will be forwarded to the Board at a work session, date to be determined. Submitted for Board Information Only: 1. Economic Disadvantage Fees Policy (500.08)-The Commission recommended adjusting the Economic Disadvantage Fee Policy (500.08) to allow County residents to utilize the PLAY Fund for basicREC, Camp basiCREC, or ASE during the waiting period while economic eligibility status is being determined by the Frederick County Social Services Department, Mr. Madagan moved to approve the proposed change, seconded by Mr, Sandy, carried unanimously (7-0). 2. Youth Sports Committee -The Youth Sport Committee recommended forming a Youth Sports Partnership with the Top of Virginia Hockey Alliance to be facilitated at JWMS, seconded by Mrs. Strosnider, carried unanimously (7-0). Cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison + + + + + + + + + + + + + + + + + + + + PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, July 10, 2018 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Date: July 11, 2018 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on July 10, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan„ and Robert Wells (Board of Supervisors' Non -Voting Liason). Members absent: Guss Morrison, Amy Strosnider, Rusty Sandy. Submitted for Board Information Only: 1. PLAY Fund -The Commission recommended requesting a supplemental appropriation from the Finance Committee in the amount of $1270.50 to be moved from the PLAY Fund to the appropriate revenue codes which represents scholarships provided to County Youth during FY 18. Mr, Madagan moved to approve the request, seconded by Mr. Fordney, carried unanimously (5-0). 2. Building and Grounds Committee -The Building and Grounds Committee recommended accepting a $15,000 donation from Blue Ridge Volleyball to build a sand court at Clearbrook Park and to upgrade the existing one, seconded by Mr. Longerbeam, carried unanimously (5-0). Cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia 029 Minutes of July 25, 2018 - Appendix 4 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 21, 2018 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Blaine Dunn, Helen Lake, Chuck Torpy. Committee Members Absent: Walt Cunningham, Judy McCann -Slaughter. Staff present: Director of Communications LeeAnna Pyles, Fire Chief Dennis Linaburg, Volunteer Fire & Rescue Association President Dan Cunningham, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Deputy Director of Emergency Management Chester Lauck, Assistant County Attorney Erin Swisshelm, I" Lieutenant Barry Kittoe and Human Resources Manager DeLois Blevins. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: - None ITEMS FOR INFORMATION ONLY 1. Review of Public Safety Committee charter (see attached): The Committee reviewed the current Public Safety charter, there were no changes noted. 2. Departmental presentations: Director LeeAnna Pyles, Chief Linaburg and Sheriff Millholland gave brief overviews of their respective departments which included staffing, statistics and general departmental information. 3. Sheriffs Criminal Investigations Division Workload: Sheriff Millholland also presented an in depth look at his current Criminal Investigations Division (CID) staffing and workload. Currently there are 9 investigators tasked with investigating specific types of cases. Most cases can take months to complete and with multiple cases assigned to each investigator results in a very heavy workload. The Sheriff discussed the need to hire more investigators to alleviate some of this workload. (Committee member Helen Lake had to leave the meeting and as a result a quorum was no longer present, so the Committee could not take any formal actions.) 4. Sheriffs Request for Armored Tactical Vehicle: Sheriff Millholland spoke about his department's need for an armored tactical vehicle to transport the SWAT/TAC teams to incidents. He previously submitted a similar request to the Finance Committee, in April 2018, to transfer funds from the current year's budget to cover some of the costs. The Committee recommended denial of the request. The Sheriff presented the request to the Public Safety Committee for consideration and recommendation to the Finance Committee. He noted the proposed vehicle would cost somewhere between $135,000- $175,000 depending on vehicle add-ons and passenger capacity. The consensus of the Public Safety Committee was to refer this request to the Finance Committee with a recommendation of approval for an appropriation of up to $175, 000 for the purchase of an armored tactical vehicle for the Sheriff's Department. Respectfully submitted, Public Safety Committee Bob Welles Blaine Dunn Chuck Torpy Judy McCann -Slaughter Helen Lake Walt Cunningham Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia MI Minutes of July 25, 2018 - Appendix 5 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 25, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton Chairman (Voting), Judith McCann - Slaughter (Voting), Gary Oates (Liaison PC/Voting-left early), Barry Schnoor (Voting -left early), James Racey (Voting), and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Mark Davis (Liaison Middletown) Staff present: Planning and Development Director Mike Ruddy, Assistant Director - Transportation John Bishop, Sherriff Lenny Millholland, Traffic Division Commander Lt. Warren Gosnell, and Kathy Smith, Secretary ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-SmartScale Project Support Resolution (Attached): Staff presented a resolution in support of all Regional SmartScale applications that are in Frederick County to the Committee. Upon motions by Ms. Judith McCann -Slaughter, seconded by Mr. James Racey the Committee recommended that Staff forward the Resolution of Support of Frederick County Board of Supervisors for Frederick County and Regional SmartScale Applications to the Board of Supervisors for recommendation of approval. The motion was unanimously approved. 2-Intersection of Route 50 and Independence Agreements (Attached): Staff presented to the Committee the updated language drafts of the Transportation Partnership Opportunity Fund Agreement and Backstop Agreement. upon motions by Ms. Judith McCann -Slaughter, seconded by Mr. James Racey the Committee recommended that Staff forward the updated Transportation Partnership Opportunity Fund Agreement and Backstop Agreement to the Board of Supervisors for recommendation of approval. The motion was unanimously approved. 3-Interstate 81 Corridor Study (Resolution Attached): The corridor study is under the direction of the SB 971 for Interstate 81. The June 12, 2018 public meeting at Strasburg High School was well attended. This was just one (1) public meeting of three (3) within the area with VDOT. Staff will be making recommendations on formal comments for Frederick County. ITEMS FOR INFORMATION ONLY 1-Safety Overview: Lt. Warren Gosnell, Traffic Division Commander with the Frederick County Sheriff's Office demonstrated the Traffic Records Electronic Data System (TREDS) software to the Committee. The TREDS is a database used by the Sheriffs office to identify crash data and related information. It addresses the highway safety concerns with the information entered by the Sheriff's Department Deputies. 2-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: The right-of-way plats are nearly completed while VDOT completes the review of the 100% design. Once the right-of-way plats are complete, the County Attorney will be preparing deeds of dedication. VDOT comments are expected to be back by the end of June. The County, VDOT, and DHR have signed the Memorandum of Agreement for Historical Resources which will govern the installation of two interpretive signs along the corridor; we are just waiting for the signature from Shenandoah Valley Battlefield Foundation. Minute Book44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia -z- Renaissance Drive: The Geotech report has been received and a design kickoff meeting is being planned at the Staunton District Offices for mid -July. The State Environmental Review Process is also underway. Staff has received the fully executed preliminary engineering agreement from CSX for review of the bridge designs. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently. 3-Upcoming Agenda Items: July: Route 11 South Stars-MPO, Transportation Forum TBD: Oakdale Crossing Traffic Calming Study Minute Book 44 Board of Supervisors Meeting of 07/25/18 County of Frederick, Virginia