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September 12 2018 Regular Meeting Minutes0561 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 12, 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; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Joe Wilder, Director of Public Works; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Dunn delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AMENDED AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was adopted on a voice vote. CITIZENS COMMENTS - NONE ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the consent agenda was adopted on a voice vote. -Minutes: Joint Work Session with School Board of August 6, 2018-CONSENT AGENDA APPROVAL -Minutes: Re ular Meeting of August 8 2018-CONSENT AGENDA APPROVAL -Minutes: Joint Work Session with Plannine Commission of August 15, 2018-CONSENT AGENDA APPROVAL - Finance Committee Report (Attachment 1) - CONSENT AGENDA APPROVAL - Public Safety Committee Report (Attachment 2) - CONSENT AGENDA APPROVAL Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 057 -Transportation Committee Re ort Attachment 3 - CONSENT AGENDA APPROVAL - Resolution -Volunteer Fire & Rescue De artments' Eli ibili for ]LODA Benefits - CONSENT AGENDA APPROVAL RESOLUTION VOLUNTEER FIRE AND RESCUE DEPARTMENT'S ELIGIBILITY FOR LODA BENEFITS WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, wishes to comply with the Code of Virginia § 9.1-400 et seq. recognizing local emergency departments; and WHEREAS, the County of Frederick recognizes eleven departments namely • Stephens City Volunteer Fire & Rescue Company, Inc.; • Middletown Volunteer Fire & Rescue Company, Inc.; • Clear Brook Volunteer Fire & Rescue, Inc.; • Gore Volunteer Fire Company; • Round Hill Community Fire & Rescue Company, Inc.; • Gainesboro Fire Company, Inc.; • Star Tannery Volunteer Fire Department; • Greenwood Volunteer Fire & Rescue Company, Inc.; • North Mountain Volunteer Fire Company, Inc.; • Reynolds Store Volunteer Fire & Rescue Company, Inc.; • Millwood Station Volunteer Fire & Rescue Company 21, Inc.; and WHEREAS, the Board of Supervisors, the governing body of the County of Frederick, has for many years recognized the existence of all eleven volunteer organizations, while having never formally adopted a resolution; and WHEREAS, for such fire and rescue departments to be eligible for benefits of the "Line of Duty Act" a resolution must be approved by the governing body; and NOW THEREFORE BE IT RESOLVED that the County of Frederick acknowledges the important contribution made to Frederick County by the members of each fire and rescue department and wishes to make available the benefits of the "Line of Duty Act." ++++++++++++++ - Resolution Honoring Serena "Renny" Manuel - CONSENT AGENDA APPROVAL FREDERICK COUNTY RESOLUTION OF APPRECIATION SERENA R. "RENNY" MANUEL WHEREAS, Serena R. "Renny" Manuel served Frederick County, Virginia, for approximately 27 years as an einployee at the Winchester Regional Airport, beginning her career as an Office Assistant in 1991 and receiving promotions to Assistant Airport Manager and Interim Airport Director before her appointment as Airport Director in 1999; and WHEREAS, during her tenure, Serena R. "Renny" Manuel progressively took on a variety of additional responsibilities and assignments and was noted for her incredibly unusual work ethic, diligence, and efficiency; and WHEREAS, Serena R. "Renny" Manuel served as Secretary on the Virginia Airport Operators Council and; WHEREAS, Serena R. "Remy" Manuel was widely recognized as one who could be depended upon to help others in a time of need and one whose sense of humor was appreciated by all; and WHEREAS, Serena R. "Remy" Manuel was an effective leader and team member who excelled at managing numerous capital and airport redevelopment projects, including runway rehabilitation design and construction, an airfield lighting upgrade, T-hangar apron rehabilitation, land acquisition, relocation and rehabilitation of Taxiway "A", and oversight of construction of a second corporate hangar facility; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Serena R. "Remy" Manuel for her dedication and dependability and wishes her all the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ++++++++++++++ - Resolution Remove Ramsuer Lane and Royston Court from the County Road Naming System- CONSENT AGENDA APPROVAL RESOLUTION REMOVING RAMSUER LANE AND ROYSTON COURT FROM THE COUNTY ROAD NAMING SYSTEM WHEREAS, through the process of routine maintenance of our streets and addressing data, it has been Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia W determined that Ramsuer Lane and Royston Court do not exist; and WHEREAS there have never been any addresses assigned off either Ramsuer Lane or Royston Court, in accordance with Chapter 56-6 of County Ordinance, removal of both road names from the County road naming system is recommended; NOW THEREFORE BE IT RESOLVED that the County of Frederick removes Ramsuer Lane and Royston Court from the County road naming system. ++++++++++++++ - Resolution Changing the Board of Building Appeals from Six to Five Members - CONSENT AGENDA APPROVAL RESOLUTION CHANGING THE MEMBERSHIP OF THE LOCAL BOARD OF BUILDING CODE APPEALS FROM SIX MEMBERS TO FIVE MEMBERS WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, wishes to reduce the number of members on the Local Board of Building Code Appeals; NOW THEREFORE BE IT RESOLVED that the County of Frederick changes the size of the Frederick County Board of Building Appeals from six members to five members appointed at large and chosen for their credentials as stipulated in Section 119 of the Virginia Construction Code. + + + + + + + + + + + + + + - Resolution Declaring a Local Emergency in advance of Hurricane Florence - CONSENT AGENDA APPROVAL RESOLUTION DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY, V IRGINIA WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: 1. Due to severe weather that is forecasted for Frederick County as part of the Commonwealth of Virginia associated with Hurricane Florence and directly related to perhaps heavy and prolonged rainfall and winds that could impact Frederick County starting on or around September 14, 2018; 2. Due to the flooding associated with the severe weather and the result of impaired travel and access; 3. Infrastructure and systems failures possible in the county creating hazardous and perhaps life - threatening conditions; 4. Impact to local agriculture from extended rainfall and flooding; NOW, THEREFORE, IT IS HEREBY PROCLATNIED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44-146.21 of the Code of Virginia on September 10, 2018, This local emergency declaration shall remain in effect until September 24, 2018 during which time the powers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick to mitigate the effects of said emergency. ++++++++++++++ BOARD OF SUPERVISORS COMMENTS - None CITIZEN COMMENTS - None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS ANTHONY CAMPBELL NOMINATED TO THE LOCAL EMERGENCY PLANNING COMMITTEE -APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, Anthony Campbell was nominated for membership on the Local Emergency Planning Committee. Minute Book 44 Board of Supervisors Meeting of 09112118 County of Frederick, Virginia 059 ELAINE CAIN REAPPOINTED TO THE CONSERVATION EASEMENT AUTHORITY —APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Elaine Cain was reappointed to the Conservation Easement Authority for a three-year term ending August 24, 2021. The motion carried on a voice vote. CHARLES TRIPLETT REAPPOINTED TO THE CONSERVATION EASEMENT AUTHORITY — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Charles Triplett was reappointed to the Conservation Easement Authority for a three-year term ending August 24, 2021. The motion carried on a voice vote. LOWELL HENDERSON APPOINTED TO THE CONSERVATION EASEMENT AUTHORITY — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Lowell Henderson was appointed to the Conservation Easement Authority for a three-year term ending August 24, 2021. The motion carried on a voice vote. JAY TIBBS APPOINTED AS A FREDERICK COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Slaughter, Jay E. Tibbs was appointed as a Frederick County Representative to the Northern Shenandoah Valley Regional Commission for a three-year term ending September 30, 2021. The motion carried on a voice vote. ERIC LAWRENCE REAPPOINTED AS A FREDERICK COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Slaughter, Eric Lawrence was reappointed as a Frederick County Representative to the Northern Shenandoah Valley Regional Commission for a three-year term ending September 30, 2021. The motion carried on a voice vote. MIKE RUDDY APPOINTED AS A FREDERICK COUNTY REPRESENTATIVE ALTERNATE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Slaughter, Mike Ruddy was appointed as a Frederick County Representative Alternate to the Northern Shenandoah Valley Regional Commission for a three-year term ending September 30, 2021, The motion carried on a voice vote. REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS APPROVED Mr. Tierney explained there were two requests for refunds that have been reviewed by the Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia County Attorney. Supervisor Slaughter moved for approval of and the corresponding supplemental appropriations for the refund requests by Acar Leasing LTD for $ 3,025,97 and Toyota Lease Trust for $ 4,087.41. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ACCEPTANCE OF THE FIRE AND RESCUE STUDY CONDUCTED BY FITCH & ASSOCIATES - APPROVED Upon motion of Supervisor McCarthy, seconded by Vice Chairman Lofton, the Board accepted the report of Fitch and Associates, LLC, on the completed fire and rescue study. The motion carried on a voice vote. COMMITTEE BUSINESS FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following requests: The Sheriff requests an FYI General Fund supplemental appropriation in the amount of 9 352.43. This amount represents auto insurance claims. No local funds required. The Sheriff requests an FYI General Fund supplemental a ro riation in the amount of $400. This amount represents DARE donations. No local funds required. The Sheriff requests an FYI General Fund supplemental appropriation in the amount of $750. This amount represents a donation for a K9 vest. No local funds required. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the following request: The Public Works Director requests an FYI General Fund supplemental appropriation in the amount of $538,090*. This amount represents carry forwards of the following unspent FYI funds: $19,500 to rehab the old Clearbrook compactor to be used at a future site; $45,000 for site improvements at the Middletown Convenience site; $385,342 for the completion of the Stephenson Convenience Center; • $6,521 for spay/neuter shelter animals; and • $6,727 for the Animal Shelter building addition design. These items have been approved by the Public Works Committee. Supervisor McCarthy 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 *Note: $75,000 for anticipated increased collection costs of refuse and recycling was postponed by the Board. Minute Book 44 Board of Supervisors Meeting of 09/12118 County of Frederick, Virginia M Supervisor Slaughter moved for approval of the following request: The Sheriff requests an FYI General Fund supplemental appropriation in the amount of $5,000. This amount represents a Byrne/JAG grant that has been awarded for Narcan. No local funds are required. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the following request: The Sheriff requests an FYI General Fund supplemental appropriation in the amount of $1 AO. This amount represents a grant that has been awarded for crime prevention pamphlets and Police to Citizen software. The local match of $2,000 is being met with a current position's salary. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the following request: The Sheriff requests an FYI General Fund supplemental appropriation in the amount of 175 000. This amount represents maximum funds needed for a SWAT Truck Conversion vehicle. This request has been approved by the Public Safety Committee. Local funds are required. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the following request: The Deputy County Administrator requests an FYI 9 General Fund supplemental appropriation in the amount of $31,044, This amount represents carry forwards of the following unspent FY18 funds: a. $13,780 for sealant replacement at the County Administration Building; b. $2,616 for carpet replacement in the Health Department; and C. $14,649 for carpet replacement in the Treasurer's office. The Committee recommends approval of the entire request. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the Finance/Audit Committee charter adopted by the Board of Supervisors as it stands with no changes. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 062 Supervisor Slaughter moved for approval of requiring the Schools to present the School Operating Fund budget by major classifications as listed in the Code of Virginia 22.1-115. Supervisor Dunn seconded the motion. The Board discussed the merits of requiring categorical funding. The motion to require the Schools to present the School Operating Fund budget by major classifications carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout No Gary A. Lofton Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann -Slaughter Aye PUBLIC HEARINGS (Non -Planning Items) - PROPOSED SCHOOL BOND FINANCINGS BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, 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 Virginia of 1950, as Amended, on the Issuance of General Obligation School Bonds (the "Bonds) of the County in an Aggregate Principal Amount Not to Exceed $45,500,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Construction and Equipping of the Replacement Robert E, Aylor Middle School. A Resolution Authorizing the issuance of the Bonds will be Considered by the Board of Supervisors at its Meeting on Wednesday, September 12, 2018. All Interested Parties are Invited to Attend and Present Oral or Written Comments, Supervisor Trout stated she wanted 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. Chairman DeHaven opened the public hearing. The speakers were as follows: Shawn Graber, Back Creek District, said the County has enormous debt and urged the members to vote no on the bond financing. He said continued borrowing will cause tax increases and many citizens already have difficulty paying taxes. He asked why costs to construct schools are higher in the County than in surrounding localities and noted the schools have requested a budget amendment for each of the last three years. Robin Young, Back Creek District, said the constituents appreciate the school system and she is a supporter of education in the County. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the resolution authorizing the issuance of bonds in the amount of $45,500,000.00 to finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Construction and Equipping of the Replacement Robert E. Aylor Middle School. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Minute Book 44 Board of Supervisors Meeting of 0911211E County of Frederick, Virginia Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 1 6 W AMENDMENT TO THE 2018-2019 FISCAL YEAR BUDGET - APPROVED 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. Landfill Fund Supplemental Appropriation in the Amount of $3,706,000 for the Carry Forward of Unspent Funds for Generator Maintenance, Gas Treatment Skid Parts Replacement,. a Trash Compactor, and a Leachate Collection Pond. Mr. Tierney said the cumulative amount of the budget amendment allowing carry -forward of unspent landfill fund monies dictates that a public hearing is necessary. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton noted the funds involved are from the landfill's enterprise funds rather than from the general fund. Supervisor Slaughter moved for approval of amending the Fiscal Year 2018-2019 Budget to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $3,706,000 for the Carry Forward of Unspent Funds for Generator Maintenance, Gas Treatment Skid Parts Replacement, a Trash Compactor, and a Leachate Collection Pond. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 48 ANIMALS AND FOWL. ARTICLE I DOG LICENSING: RABIES CONTROL, SECTION 48-18 LICENSE TAXES — APPROVED The Proposed Amendments Would Allow for Lifetime Licensing of Dogs and would Permit Zero Cost Lifetime Licenses for Dogs Adopted from the Esther Boyd Animal Shelter. The Intent of the Proposed Ordinance Amendments Would Be to Reduce the Administrative Burden of the County's Current Dog Licensing System and Encourage Adoptions from the Shelter. Mr. Williams provided background information on the proposed amendments. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing, Supervisor Trout moved for approval of the proposed amendments that would allow for lifetime licensing for dogs adopted from the Esther Boyd Animal Shelter. Supervisor McCarthy 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 AND PENALTIES, AND THE ADDITIONS OF SECTION 118-4 SPECIFIC PROHIBITIONS AND SECTION 118-5 EXCEPTIONS— FAILED The Proposed Amendments Would Revise the !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 Proposed Revisions Further Require that Barking Occur at Least Once a Minute for Ten Consecutive Minutes Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 064 in Order to be Prohibited. The Proposed Amendments do 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 600 A.M. The Proposed Amendments Also Expressly Provide that the Noise Prohibition Does Not Apply to a Bona Fide Agricultural Activity and Includes a Further List of other Activities that are not Subject to the Prohibition. Mr. Williams provided background information on the proposed amendments noting the proposals will address recent action at the Virginia Supreme Court and have exceptions that will be more consistent with expectations of current practice regarding noise prohibition. Supervisor Wells inquired whether the wording of the amendment is in compliance with the state code. Mr. Williams said there is no approved wording. Chairman DeHaven opened the public hearing. The speakers were: Robin Young, Back Creek District, noted that agricultural equipment noise can be disturbing but is not addressed by the ordinance. Shawn Graber, Back Creek District, asked how you can get a dog to stop barking and where private property rights start and stop. He asked the Board to let the issue die. Chairman DeHaven closed the public hearing. Supervisor Trout moved for approval of the proposed amendments as presented. The motion died for lack of a second. The Proposed Amendments Would Require that any Delinquent Real Estate Taxes and Other Charges that Constitute a Lien on a Property, that are Owed to the Locally, be Paid before the Locality Accepts an Application for a Building Permit or Stormwater/Erosion and Sediment Control Permit for the Property. The Proposed Ordinance Amendments Would Apply to New Construction and Additions but Would not be Applicable to Emergency Work. Mr. Williams explained the purpose of the amendments saying the Treasurer is in favor of the amendment requiring delinquent taxes to be paid prior to permits being granted. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Wells moved for approval of the proposed amendments as presented. Supervisor McCarthy 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 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. Mr. Williams explained the amendments saying they are technical and typographical corrections. Minute Book 44 Board of Supervisors Meeting of 09112/1 S County of Frederick, Virginia A* Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Trout moved for approval of the proposed amendments to Chapter 155 Taxation as presented. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye PLANNING COMMISSION BUSINESS Public Hearings Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye REZONING M05-17 FOR O.N. MINERALS (CHEMSTONE) d/b/a CARMEUSE LIME & STONE — APPROVED 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. Ms. Perkins explained the request to rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with, Rezoning 403-06 for O-N Minerals (Chemstone) which was approved in 2008. She said the Applicant is proposing an amendment to the approved proffers from Rezoning #03- 06. She noted the request had been denied on July 25 with that vote having been rescinded on August 8 and scheduled for this current public hearing. She said the current proffers include clarification of the hours of operation. Supervisor Trout requested clarification of the term `major holidays' and the Applicant's representative, George McKotch, said the term encompasses the main 11 holidays usually recognized. Supervisor McCarthy asked whether the applicant would be amenable to adding the language "No operations will occur on Saturday and Sunday." Mr. McKotch agreed to include the new language. Chairman DeHaven opened the public hearing. Richard Dye, owner of 65 acres adjacent to the subject property, said his concern is the postponing of the berm on the southeast side adjacent to his property. He said he would prefer that berm be built sooner to allow the trees to mature and grow in. He said he would like the applicant to be required to build the berm 10 years in advance of mining as they agreed to in 2008. Robin Young, Back'Creek District, thanked the Board for the reconsideration of the request. She asked the Board to vote yes and benefit the neighbors by agreeing to the new proffers. She noted the 30-some petitions received by the Board in favor of the new proffers. Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 066 Keon Banks, Back Creek District, thanked the Board for its patience to allow a good decision to be made and said he is in favor of the new proposal. Vickie West, Back Creek District, said she did not want the Board to vote yes. She asked if the Board had done all the impact studies. She asked the Board to vote no or hold off for more study, Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of rezoning #05-17 with the updated proffers. Supervisor McCarthy seconded the motion. Supervisor McCarthy moved to amend the previous motion to make the approval contingent upon the applicant presenting amended proffer language to read: 1- Hours of operation for the property north of Chapel Road shall be only 6:00 am to I0:00pm, Monday through Friday. 2- There will be no operations on major holidays. 3- There will be no operations of Saturday or Sunday. Supervisor Dunn seconded the motion to amend the main 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 No Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. No The amended main motion for approval of rezoning #05-17 with additional proffer language specified as: 1- Hours of operation for the property north of Chapel Road shall be only 6:00 am to 10:00 pm, Monday through Friday; 2-There will be no operations on major holidays; and 3-There will be no operations on Saturday or Sunday; carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter No Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. No REZONING #02-18 FOR ST. PAUL'S ON THE HILL - APPROVED Submitted by Greenway Engineering, Inc., to Rezone 4.971+1- Acres from the RP (Residential Performance) District to the RP (Residential Performance) District with Proffers. The Property is Located at 1527 Senseny Road and is Identified by Property Identification Number 54-A-128 in the Red Bud Magisterial District. Ms. Perkins summarized the request to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) district with Proffers to restrict the use of the subject property to a church and housing for older persons. She said the site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA), and the Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. She continued saying while the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. Ms. Perkins explained the proffer as follows: Development on the Property shall be limited Minute Book 44 Board of Supervisors Meeting of 0902118 County of Frederick, Virginia 667 to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. She added the Comprehensive Plan Amendment is being processed concurrently with this proposed rezoning and noted the Planning Commission recommended approval of this rezoning at their meeting on August 15, 2018. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton and staff members discussed the age restriction and the requirement that only one household member be over the ages of 55. Supervisor Dunn said the original intent was for the age restriction to be 62 and older, but federal regulations had complicated that proposal, Paul Brown of Wesley Housing, speaking for the Applicant, said the intent is for 100% of the units to house low income seniors, and the age restriction for one member being of 55 or over instead of 62 and over allows some flexibility for extended family members in the households. Supervisor Dunn moved for approval of rezoning #02-18 for St. Paul's on the Hill. Supervisor McCarthy seconded the motion. The Board discussed the possibility of school -age children residing in the age -restricted units, the total number of proposed units as 70 (59 one -bedroom and 11 two -bedroom), and the number of units that could be built by -right with no age restriction as being 49. The motion for approval of rezoning #02-18 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 No Charles S. DeHaven, Jr. Aye CPPA #01-18 ST. PAUL'S ON THE HILL — LAND USE DESIGNATION AMENDMENT REQUEST -APPROVED This is a Request to Change the Land Use Designation for One Parcel of Land that Totals 4.971 Acres. The Property is Identified by Property Identification Number 54-A-128 and is Located at 1527 Sensory Road in the Red Bud Magisterial District The Property is Located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is Currently Designated in the Senseny/ Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for Institutional Land Use with Environmental Resources. The Applicant is Requesting to Change the Current Institutional Designation to Urban Center, Ms. Perkins explained the request for amendment to the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan saying the Applicant is requesting to change the future land use designation from Institutional to Urban Center to allow for the construction of 70-unit age -restricted, low-income apartment building. She said the subject property contains 4.97 1 +/- acres, has an address of 1527 Senseny Road, and is identified with Property Identification Number 54-A-128. She noted the property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms. Perkins continued saying the Property is designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources with the institutional land use being reflective Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia of the existing church located on the property. She added that land uses surrounding the subject property include institutional, residential and The Greenwood Urban Center, and the Applicant is requesting to change the future land use from Institutional to Urban Center. Ms. Perkins noted that the subject property is currently zoned RP (Residential Performance) District, and the current by -right density for this Property if developed with townhouses or garden apartments would be 10-units per acre, or 49 units. She said the Owner is seeking to construct a 70-unit age -restricted low-income apartment building which would equate to 14-units per acre. She said the Applicant is seeking to change the land use designation to Urban Center as this designation would allow for up to 20-units per acre by -right. She noted the Applicant has now received a rezoning to restrict the use of the property to a church and housing for elderly households (Rezoning #02-18). Ms, Perkins concluded saying the Planning Commission. recommended approval of the amendment. Vice Chairman Lofton and Ms. Perkins discussed the possibility of the Church subdividing the property. At the request of Supervisor Dunn, Ms. Perkins explained the relationship of the current request to the rezoning request approved immediately prior this item. She said the original intent was a comprehensive plan amendment changing the land use designation from institutional to urban center to allow for the higher density housing. She said to address concerns about school - age children moving into the high -density development, the age restriction requirement was added via proffer in the rezoning request. She added the two requests were being processed concurrently. Evan Wyatt, representing the Applicant, noted to do the multifamily development, the property needed to be designated as urban center. Supervisor Dunn noted the site is directly across the street form the urban center zone. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for approval of CPPA 901-18 St' Paul's on the Hill land use designation amendment. Supervisor McCarthy seconded the motion. Vice Chairman Lofton said he was not completely opposed to the land use designation change, but he still had concerns about the long-term effects of the change. The motion for approval of CPPA 401-18 was 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 No Charles S. DeHaven, Jr. Aye CONDITIONAL USE PERMIT #08-18 FOR TRAILER DROP LLC - APPROVED Submitted by GreyWolfe, Inc., for a Tractor Truck and Tractor Truck Trailer Parking Use as a Conditional Use in the M1 (Light Industrial) District. The Property is in Stonewall Industrial Park at the End of McGhee Road (Route 861), Winchester, Virginia and is Identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District. Mr. Cheran described the request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking area located within the Stonewall Industrial Park adding that the Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 069 CUP use would not have any significant impacts on the adjoining properties. He said the 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature, and this CUP should implement the policies expressed in the Comprehensive Plan, in particular addressing future Route 37 which is a feature of the County's Eastern Road Plan. Mr. Cheran said the Planning Commission expressed that this application should address the Route 37 right-of-way and should ensure that structures associated with the use are not located in the future right-of-way. He said should the Board of Supervisors find this use appropriate, the Planning Commission recommends the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 right-of- way. No structures shall be located within the future Route 37 right-of-way. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. The Applicant, Gary Oates of GreyWolfe Inc., said there will be nothing built in the Route 37 right -of way. Chairman DeHaven opened the public hearing, There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of Conditional User Permit #08-18 for Trailer Drop, LLC. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye REVOCATION OF CONDITIONAL USE PERMIT #13-96 (HOGUE CREEK COUNTRY MARKET) FOR WINCHESTER 101 LLC — NO FURTHER ACTION TAKEN This Conditional Use Permit is Proposed to be Revoked Due to Violations of Conditions 4 and 7 from Conditional Use Permit#13-96 which Pertains to Buffers, Lighting Pollution, Noise, Debris and 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. Mr. Cheran said at the July 25, 2018, meeting the Frederick County Board of Supervisors directed that CUP #13-96, Hogue Creek Country Market be presented to the Planning Commission and Board of Supervisors for potential revocation through the process described in the Frederick County Zoning Ordinance for the revocation of a Conditional Use Permit (CUP). He said the Planning Commission held a public hearing on August 15, 2018 and recommended that the CUP #13-96, Hogue Creek Country Market, not be revoked at this time. Mr. Gifford Hampshire, the attorney representing the Owner, said the Owner wants to be a good neighbor, has only owned the property since 2014, and has addressed complaints promptly, He listed changes in lighting and signage that have been added in response to complaints. He said Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia the Owner has gone above and beyond to address concerns and has implemented a policy to begin closing procedure at 11:45 pm to ensure a midnight closure. Mr. Hampshire said the County ordinance states that permit revocation is allowed only for certain things including repeated violations. He noted that there is only one citation to the Owner even though there are other complaints. He asked that the Board listen to the citizens who have said they want the business to remain open. He said the complainant, Mrs. Menefee, told the Planning Commission she is not necessarily in favor of revocation, but wants her concerns addressed. Chairman DeHaven opened the public hearing. The speakers were: Robin Menefee, Gainesboro District, said she is the adjoining property owner. She reviewed photos showing the changes and growth in the business over the years since the CUP was granted. She noted her concerns including a fence that went unrepaired allowing trash from the business to blow onto her property. Edward Menefee, Gainesboro District, said he is an adjoining property owner, said he did not wish to close the business, but wished to request some changes to make things better for the community. He read a letter from his former tenant listing concerns about the business. He asked for more conditions on the business including a definition of the word "closed" and asked that the Board delay voting on the matter until a later meeting. Beth Potts, frequent customer of the store said it would be a shame for the store to close over issues that have been fixed. Mark Stivers, Gainesboro District, said that looking back the store was a country store but has grown until when it is a very large enterprise next to a residential property. He asked the Board how the "creep" occurred that has resulted in the large business that exists. He said this is a lesson for the County in the future. Ray Hiner, Back Creek District, said a business is going to grow and that is part of living next to a business. He said the complaints have been addressed. He asked why the business can't have 24-hour operations if they comply with the rules, Robin Menefee, Gainesboro District, said there should be accountability. She said nothing is done until the County enforces conditions. She said the business will continue to grow and asked for help addressing the weaknesses of the permit. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved that the Board not take any further action on the matter. Supervisor Dunn seconded the motion. Supervisor McCarthy said he appreciates the owners having addressed the concerns but said a good neighbor addresses a problem before the County sends a citation. He said this is an example of why CUPs are bad ideas in these types of situations. The motion for no further action 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 Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 071 Other Planning Items DISCUSSION OF 2018 COMPREHENSIVE PLAN AMENDMENTS Ms. Perkins said the Planning Department received two Comprehensive Plan Amendment (CPPA) requests by the June 1, 2018 deadline, and the Comprehensive Plans and Programs Committee (CPPC) met on July 9, 2018 to discuss the applications. She provided a summary and timeline for each request: CPPA #02-18, for the Carter Tract — Sewer and Water Service Area (SWSA) Inclusion Request and Industrial Land Use Designation Request; Parcels 45-A-2, 45-A-7, 33-A-144 and 33-A-89. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 213.8 acres of land and to designate the site for industrial land uses. The properties are currently zoned RA (Rural Areas) and the Northeast Frederick Land Use Plan shows the properties as remaining rural. The properties are located north of the CSX Railroad, south of Brucetown Road, and cast/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study Frederick Water: A new comment was issued by Frederick Water for the Carter Tract request dated August 27, 2018, in connection with a possible swap -out of land currently in the SWSA. CPPA #03-18, for Waverly Farm — Sewer and Water Service Area (SWSA) Inclusion Request; Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 145.50 acres of land; currently 51.36 acres of the site is within the SWSA. The properties are currently zoned RA (Rural Areas); however, the Northeast Frederick Land Use Plan designates these parcels for mixed use industrial/office and industrial uses. The properties are located south of Hopewell Road and west of Interstate 81, in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study CPPA #02-18 CARTER TRACT — SEWER AND WATER SERVICE AREA (SWSA) INCLUSION REQUEST AND INDUSTRIAL LAND USE DESIGATNION REQUEST PARCELS 45-A-2.45-A-7 33-A-144 AND 33-A-89 — SENT TO PLANNING COMMISSION FOR STUDY T Supervisor Slaughter moved that the Board send CPPA #02-18, Carter Tract to the Planning Commission for further study in light of the memo of August 27 regarding the land swap which would result in a net zero gain in land in the SWSA as discussed at the Board work session. Supervisor Wells seconded the motion. Mr. Tierney asked for clarification that the motion is intended to move the matter to study with the stipulation that there is a net zero gain in land in the SWSA. Supervisor Slaughter agreed with Mr. Tierney's description of the motion. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye CPPA #03-18, WAVERLY FARM — SEWER AND WATER SERVICE AREA (SWSA INCLUSION REOUEST. PARCELS 33-A-69, 33-A-70, 44-A-80 AND 44-A-80A — NOT SENT FORWARD FOR STUDY Supervisor Slaughter moved that the CPPA 403-18 not be sent forward for study, Supervisor McCarthy seconded the motion. Supervisor Slaughter said the historically the Board has not studied an area unless the infrastructure for development was in place. Vice Chairman Lofton said if the area is not Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick. Virginia 072 included, then it will not be considered for expansion. He said it is shortsighted not to look forward and study the area. The motion to not study CPPA #03-18 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 REQUEST FOR APPROVAL OF PUMP AND HAUL PERMIT FOR 165 CALDWELL LANE -APPROVED Ms. Perkins said staff received a request seeking approval of a Pump & Haul Permit for an existing residence at 165 Caldwell Lane, Winchester, that has a noncompliant system installed by a previous owner. She said the request appears to comply with the code requirements and, therefore, Board consideration of the request is appropriate. The Board and the Applicant discussed the existing pump and haul system, the safeguards on the newer systems, and the residency of the owner. Supervisor Trout moved for approval of the pump and haul system at 165 Caldwell Lane. Supervisor Wells seconded the motion. The Board and staff discussed whether the home qualifies for the system as a dwelling with a failed system and maintenance of a system by owners rather than tenants. Ms. Perkins said the dwelling has a failed system and qualifies for consideration of a pump and haul system. Mr. Tierney said that there have been several pump and haul systems permitted over the years, and the practice has been when a home is un-occupiable without adding a pump and haul system, it is permissible. He said a pump and haul system is a solution of last resort. The motion to approve the pump and haul system at 165 Caldwell Lane carried on a roll call vote as follows: Blaine P. Dunn No Gary A. Lofton Aye J. Douglas McCarthy No Judith McCann -Slaughter Aye BOARD LIAISON REPORTS Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. No Supervisor Trout provided an update on the last meeting of Frederick Water. Vice Chairman Lofton provided an update on the last Social Services Board meeting. CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS SET PUBLIC HEARING ON FY 2018-2019 BUDGET AMENDMENT FOR A $7.5 MILLION APPROPRIATION FOR ADDITIONAL FUNDS FOR THE AYLOR MIDDLE SCHOOL REPLACEMENT PROJECT FOR SEPTEMBER 26, 2018 - APPROVED Supervisor Trout stated she wanted 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 Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 073 be affected by the item, and that she is able to participate in the transaction fairly, objectively, and in the public interest. Regarding the recent appropriation of $45.5 million, Supervisor Trout said in light of the growth in the County the appropriated amount of $45.5 million is not enough to build a school of the appropriate size. She said she wishes to move forward with holding a public hearing on an additional $7.5 million to be allocated for an Aylor replacement which will meet the original School Board request of $52 million with an additional $1million to allow for inflation. Supervisor Trout noted the Board had made mistakes in school construction in the past, citing Sherando High School opening at 90% capacity in 1993. She said the need for a fourth high school is undeniable. Regarding the School Board's intention to return the old Aylor Middle School to the County as surplus, she said the minutes of the recent School Board meeting indicate that they will surplus the building. She said the Board needs to continue working with the School Board for the success of the community. Supervisor Trout moved that the Board of Supervisors set a public hearing for September 26, 2018, to consider an FY 2018-2019 budget amendment for the appropriation of $7.5 million to, be used as additional funds for the Aylor Middle School replacement project. Supervisor Wells seconded the motion. Supervisor McCarthy said he is open to discussion on appropriation of additional funds, but that he would like the School Board to pass a resolution on their intention to surplus the old Aylor Building as well as the old school bus depot building site. Supervisor Trout said the intention to surplus is in the School Board minutes, and the School Board should be trusted. Supervisor McCarthy said that if the intention is real, then placing it in writing should not be a problem. Supervisor Trout noted that the School Board minutes are effectively putting the issue in writing. Supervisor Dunn discussed the issue of how education is delivered and differences in philosophies. He said the School Board will be requesting over $200 million in the next few years. He suggested postponing the matter for further discussion. Supervisor Wells said his district is growing rapidly. He said he does not wish to burden the taxpayer, but the new middle school will need to. be added to soon if it is not built to the appropriate size. Supervisor Trout noted that local government moves slowly, and she encouraged the Board to vote to hold the public hearing in order not to delay the School Board as they plan for the fall bond cycle. The motion to set the public hearing on an additional $7.5 million appropriation for September 26, 2018, carried on a roll call vote as follows: 131aine P. Dunn No Shannon G. Trout Aye Gary A. Lofton No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter No Minute Book 44 Board of Supervisors Meeting of 09112118 County of Frederick, Virginia 074 ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 9:42 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kr' .Tie Clerk, Boa4,qf5tqwfvisors Minutes Prepared By-, , Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 091/2/18 County of Frederick, Virginia 075 Board of Supervisors Minutes of September 12, 2018 —Appendix 1 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, August 15, 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, August 15, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non -voting liaisons: William Orndoff, Treasurer; and Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: none Staff present: Cheryl Sniffler, 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; Lenny Mi[lholland, Sheriff; Barry Kittoe, Sheriff 111 Lieutenant; Joe Wilder, Public Works Director; and Gloria Puffinburger, Solid Waste Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (a Items 5, 6, and 7 were approved under consent agenda. 1. The Public Works Director requests an FY19 General Fund supplemental appropriation in the amount of $538,090. This, amount represents carry forwards of the following unspent FY18 funds: a. $19,500 to rehab the old Clearbrook compactor to be used at a future site; b. $45,000 for site improvements at the Middletown Convenience site; c. $75,000 for anticipated increased collection costs of refuse and recycling; d. $385,342 for the completion of the Stephenson Convenience Center; e. $6,521 for spay/neuter shelter animals; and f. $6,727 for the Animal Shelter building addition design. These items have been approved by the Public Works Committee. See the attached memo, p. 4 — 5. The committee recommends postponement of item C, and approval of the remaining requests. 2. The Public Works Director requests a public hearing for an FY19 Landfill Fund supplemental appropriation in the amount of $3,706,000. This amount represents carry forwards of the following unspent FY18 funds: a. $80,000 for generator maintenance; b. $90,000 for chiller/blower replacements on the gas treatment skid; c. $206,000 for a backup trash compactor; and d. $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These items have been approved by the Public Works Committee. See the attached memo, p. 4 — 5. The committee recommends forwarding the entire request to public hearing as a whole. 3. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 5 000. This amount represents a Byrne/JAG grant that has been awarded for Narcan. No local funds are required. See attached memo, p. 6-7. The committee recommends approval. 4. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 18 000. This amount represents a grant that has been awarded for crime prevention pamphlets and Police to Citizen software. The local match of $2,000 is being met with a current position's salary. See attached memo, p. 8-9. The committee recommends approval. Minute Book 44 Board of Supervisors Meeting of 09/12118 County of Frederick, Virginia 076 5, O The Sheriff requests an FY19 General Fund Supplemental appropriation in the amount of 9 352.43. This amount represents auto insurance claims. No local funds required. See attached memo, p. 10-12, 6. () The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 400. This amount represents DARE donations. No local funds required. See attached memo, p. 13 — 14. 7, Q) The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 750. This amount represents a donation for a K9 vest. No local funds required. See attached memo, p. 15 — 16, 8. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 175 000, This amount represents maximum funds needed for a SWAT Truck Conversion vehicle. This request has been approved by the Public Safety Committee. Local funds are required. See attached information, p. 17— 29. The committee recommends approval. 9. The Deputy County Administrator requests an FY19 General Fund supplemental appropriation in the amount of $31.044. This amount represents carry forwards of the following unspent FY18 funds: a. $13,780 for sealant replacement at the County Administration Building; b. $2,616 for carpet replacement in the Health Department; and c. $14,648 for carpet replacement in the Treasurer's office. See attached memo, p. 30. The committee recommends approval of the entire request. 10. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 31-33. The committee recommends no changes to the charter. 11. Information on School categorical funding is provided for discussion. See attached information, p. 34 — 35. The committee recommends requiring the Schools to present the School Operating Fund budget by major classifications as listed in the Code of Virginia 22.1-115. NO ACTION REQUIRED 1. Information on EMS training from outside sources was provided for discussion. See attached memo, p. 36-37. ITEMS FOR INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for July 2018. See attached, p. 38. 2, Fund balance information will be provided after the County closes FY18. 3. The FY18 year-end open purchase orders have been provided by the County and the Schools. See attachments, p.39-42. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By Cheryl B. Shiffler, Finance irector Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 077 Board of Supervisors Minutes of September 12, 2018 — Appendix 2 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, August 16, 2018 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann - Slaughter, Chuck Torpy. Committee Members Absent: Blaine Dunn, Helen Lake. Staff present: Director of Communications LeeAnna Pyles, Fire Chief Dennis Linaburg, Finance Director Cheryl Shiffler, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Deputy Director of Emergency Management Chester Lauck, Major Steve Hawkins, Assistant County Attorney Erin Swisshelm, I" Lieutenant Barry Kittoe and Treasurer Bill Orndorff. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1- None ITEMS FOR INFORMATION ONLY 1. Information from Communications Committee on Sheriff's office portable radio needs (see attached): Director Pyles presented the Communications Committee recommendation for obtaining additional portable radio repair funding for the Sheriff's department. The Sheriffs department has obtained 158 portable radios from the Department of Defense at no cost, all of which need additional equipment such as batteries and antennae. They have deployed 38 radios and the remaining 120 need to be serviced at a cost of $350 apiece. All future maintenance on the radios will be done inhouse. The Communications Committee is supporting the Sherriff's office request for an appropriation of $42,000 to purchase equipment to enable the remaining portables to become operative. This will be forwarded to the Finance Committee. Mr. Torpy made a motion to approve the request and forward this recommendation to the Finance Committee. Ms. McCann -Slaughter seconded the motion and the Committee unanimously approved the request. 2. Traffic Control reimbursement policy discussion (see attached): Per action at the June Finance Committee meeting, Sheriff Millholland was asked to work with the Public Safety Committee to develop a policy for the provision of traffic control/enforcement for private organizations (e.g.: churches, SU football games, traffic light fixes, etc) that request this service. He advised that requestors currently sign a contract and are billed $50/hr. This fee is used to cover the overtime incurred by the deputies providing this service for the event. The Finance Committee requested the Sheriff bring the topic of a policy creation to the Public Safety Committee as there is currently no official County policy governing this service. It was noted that concerns related to potential costs incurred relative to the Line of Duty Act should a deputy be hurt while performing this service. Mr. Tibbs suggested contacting surrounding jurisdictions to see if they have implemented a similar policy which could be used to begin drafting our own policy. The Sheriff showed the Committee a copy of the contract currently being used and stated that it is a product of many localities and Frederick County combined. Chairman Wells requested Sheriff Millholland distribute a copy of the current contract document and to submit a policy draft prior to the next meeting, so the Public Safety Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia Committee members can review it and bring any comments and questions into discussion at that time. 3. Other information: Chairman Wells discussed the need for smoother communication within the Public Safety Committee with regards to meetings. Meetings are scheduled every 2 months (31 Thursday). Two weeks prior to the meeting, an email will be sent to the Sheriff, Chief Linaburg, Director Pyles, Jay Tibbs and Chairman Wells requesting any possible agenda items, attachments, information. Chairman Wells will in turn check in with Director Pyles following that e-mail to see if there are items for the agenda and Whether the meeting will be held, rescheduled or canceled. Chief Linaburg closed the meeting by addressing the passing of a veteran fire fighter, Charlie Kern who served for over 20 years. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Judy McCann -Slaughter Helen Lake Walt Cunningham Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 079 Board of Supervisors Minutes of September 12, 2018 — Appendix 3 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 27, 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 PCNoting), James Racey (Voting) Barry Schnoor (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Mark Davis (Liaison Middletown) Staff Present: Assistant Director -Transportation John Bishop, Traffic Division Commander Lt. Warren Gosnell, and Kathy Smith, Secretary ITEMS FOR INFORMATION ONLY: l -Transportation Forum: The Fall Transportation Forum is tentatively scheduled to be held on Tuesday or Thursday evening the last full week of October. After a brief discussion, the Committee recommended to change the format of the meeting to a more one-on-one interaction with citizens with no panel session. Also, including an opening/welcome greeting from the Board of Supervisors Chair or Transportation Committee Chair, Commonwealth Transportation Board representative and a presentation from Staff on the SmartScale progression with emphasis on current local projects. VDOT and Sheriff's Department representatives will be present for questions, as well. 2-I-81 Corridor Study (See Attached): A brief overview with a presentation was provided of the August 22, 2018 public meeting on the I-81 Corridor study. Staff advised that this is a hot spot study and immediately needs study. It was pointed out that VDOT has compiled the public's feedback in the presentation with a very good representation for Frederick County. The only recommended improvement in our area is the addition of northbound and southbound auxiliary lanes between Exit 313 & Exit 315. Staff has concerns with Exit 317 not being included in the potential solutions. The County has many issues with Exit 317. Staff will be reviewing the current Traffic Records Electronic Data Systems (TREDS) data and will forward the recommended comments to the Board of Supervisors. The Committee recommended that a draft resolution for Exit 317 be prepared to be reviewed by the Committee and then forwarded to the Board of Supervisors for their review. 3-Knob Road Paving: Staff received a request from a property owner to pave Knob Road. The most recent traffic count is 40. The Committee recommends adding Knob Road to the next update of the Secondary Road Improvement Plan. 4-County Projects Updates: Tevis Street Extension/Airport Road/I 81 Bridge: Staff expects the comments to be addressed this week. The right-of-way plats and deeds of dedication are being finalized to transfer the right-of-way. The bid package items are being compiled to be advertised by the end of September or early October. Renaissance Drive: Staff is awaiting VDOT feedback regarding placement of the lanes of the surface portion of Renaissance Drive within the right-of-way. The bridge design is underway. The comments have been received back on the geotechnical report from VDOT and are being addressed. Northern Y: Currently, 30% design underway. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently. Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia 5-Upcoming Agenda Items: September: Ongoing Transportation Forum and Work Program Planning. TBD: Oakdale Crossing Traffic Calming Study. 6-Other: Mr. Bishop updated the Committee that VDOT traffic engineering had reviewed the truck restriction request for Springdale Road and was recommending approval. The Sheriff's Department has reported that a number of truck hang ups have happened on that facility recently. The Committee noted that signage would need to be prominent on Route 11 because once trucks enter that roadway there is no place to turn around. Mr. Bishop updated the Committee that VDOT traffic engineering reviewed the Hayfield Road corridor for a potential truck restriction and was not recommending a restriction. However, modifications are going to be made at the intersection of Hayfield and Gainesboro Road to better accommodate truck turning movements that have led to some conflicts in that area. Minute Book 44 Board of Supervisors Meeting of 09/12/18 County of Frederick, Virginia