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December 12 2018 Regular Meeting Minutes112 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 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; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; John Bishop, Assistant Director of Planning -Transportation; Scott Varner, Director of Information Technology; 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 Chairman DeHaven asked a minister in attendance to deliver the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Supervisor Trout moved that thepublic hearing on Rezoning 403-18, Carpers Valley industrial Park, be removed from the agenda and postponed for 60 days. Supervisor Dunn seconded the motion. Vice Chairman Lofton moved to amend the previous motion to set the public hearing for the second regular meeting in January 2019, January 23. Supervisor McCarthy seconded the motion. The Board discussed the options, and the motion to amend was carried unanimously on a voice vote. The amended motion to postpone the public hearing until the second regular meeting in January carried unanimously on a voice vote. Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, the amended agenda was adopted on a voice vote. CITIZENS COMMENTS - NONE ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the consent was adopted on a voice vote. -Minutes: Re ular Meetin y of October 24 2018 - CONSENT AGENDA APPROVAL Minute Book 44 Board of Supervisors Meeting of 12/12/1 S 113 -Minutes: Work Session of October 252018 - CONSENT AGENDA APPROVAL - Information Tecbnolog Committee Rei>ort of October 17, 2018 - CONSENT AGENDA APPROVAL Appendix 1 - Parks and Recreation Commission Report of November 13 2018 - CONSENT AGENDA APPROVAL Appendix 2 - Public Safety Committee Report of November 19, 2018 - CONSENT AGENDA APPROVAL Appendix 3 - Public Works Committee Report of October 30, 2018 - CONSENT AGENDA APPROVAL Appendix 4 - Public Works Committee Report of November 27, 2018 - CONSENT AGENDA APPROVAL Appendix 5 - Transportation Committee Report of October 22, 2018 - CONSENT AGENDA APPROVAL Appendix 6 - Trans )ortation Committee Re )ort of November 26 2018 - CONSENT AGENDA APPROVAL Appendix 7 - Acknowledgement of Receipt of Certified Copies of Abstract of Votes from the November 6 201$ General Election -CONSENT AGENDA APPROVAL A endix 8 - Resolution in Memoriam of Supervisor Mar aret Brumback Douglas - CONSENT AGENDA APPROVAL RESOLUTION IN MEMORIAM OF SUPERVISOR MARGARET BRi IMBACK DOUGLAS BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA WHEREAS, Margaret Brumback Douglas was born in 1932 in Winchester, Virginia, to Harman and Fannie Brumback, and WHEREAS, Margaret graduated from James Wood High School as a member of the Class of 1951; and WHEREAS Margaret retired from the United States Postal Service after more than 25 years of service; and WHEREAS Margaret was a member of the Frederick County Farm Bureau, a volunteer with the American Red Cross, and a member of Frederick County 4-H where she earned numerous awards including the prestigious Diamond Leadership Award in 2000; and WHEREAS, Margaret served as a member of the Frederick County Board of Supervisors representing the Back Creek Magisterial District from January 1996 until December 2003; and WHEREAS, during her tenure on the Board of Supervisors, Margaret served on the Personnel Committee, the Public Safety Committee, the Gypsy Moth Committee, the Parks and Recreation Commission, the Agricultural District Advisory Board, and the Extension Leadership Council, and was appointed as the Handley Regional Library Board liaison; and WHEREAS, following her tenure on the Board of Supervisors, Margaret served as a member on the Frederick County Grievance Panel and continued to serve as a member on the Extension Leadership Council from 2004 until the time of her death; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its deepest sympathy to the family of Margaret Brumback Douglas and honors her life of leadership, dedication, and contribution to the community. BE TT 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 citizen legislator; and BE IT FINALLY RESOLVED, that a true copy of this resolution be presented to her family. +-ii+++++++++++ - Resolution of June Wilmot - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION JUNE WILMOT PLANNING COMMISSIONER FREDERICK COUNTY, VIRGINIA WHEREAS, June Wilmot served Frederick County, Virginia, for approximately 14 years as a member of the Planning Commission; and WHEREAS, June was appointed as representative of the Shawnee District on the Frederick County Planning Commission on March 9, 2005, and was subsequently appointed as the At -Large Representative on January 23, 2008, and has served continuously until September 1, 2018; and Minute Book 44 Board of Supervisors Meeting of 12/12118 114 WHEREAS, June was elected by her peers as Chairman of the Planning Commission on January 18, 2006, and served in that capacity until January 17, 2018; and commission vaarius subs coummitteeslght on which she served, part cularly the Cp abilities lly guided the Planning omprehens ve Plans and ProgramCommittee; and WHEREAS, June provided important guidance leading to a major re -write of the Frederick County 2 030 Comprehensive Plan, followed by the 2035 Comprehensive Plan update; and WHEREAS, June's knowledge and conscientious dedication to bettering her community have enriched the County by promoting communication and citizen engagement as shown by increased community participation in the County's planning efforts. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation to June Wilmot for her devotion to service 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. ++-1-+++++-i . i + - Resolution Authorizing Bounda Line Adjustment for Act uisition of 34.361 acres as part of the Frederick Courr Landfill - CONSENT AGENDA APPROVAL WHEREAS, The Department of Public Works has determined that it is appropriate for the Landfill to ope with buffer between its operations and the surrounding properties; and WHEREAS, Ms. Gayle Anderson Golightly Keenan, the owner of Parcel Number 77-A-771), which is adjac to the Landfill property, has approached the Department of Public Works with an interest in performer boundary line adjudgment to convey a portion of said parcel to the County; and WHEREAS, Ms. Anderson Golightly Keenen and the County have agreed to favorable contractual terms for boundary line adjustment and conveyance to the County; and WHEREAS, the funds needed for the purchase of said property have been previously appropriated, and available for this purpose; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the boundary adjustment and ratifies the real estate contract between the parties for that purpose. The Board further authoi the County Administrator to sign the deed, closing documents, and any other documents deemed necessar this purchase. + + + + + + + + + + + + + + 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 tho the streets meet the requirements established by the Subdivision Street Ret uirements of the Virgini Department of Transportation; and artment of Transportation have entered into an agreement a WHEREAS, the County and the Virginia Dep June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct fault workmanship or materials identified by VDOT and associated with the construction of one or more of tit roads and/or related drainage facilities described on the attached AM-4.3 form for a period of one calendi year after the date of the legal acceptance of the referenced roads into the secondary system of state highway and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation' add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursua to 33.2-705, Code of Virginia, and the Department's Subdivision Street Re cements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as describe 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 Engine for the Virginia Department of Transportation. + + + + + + + + + i- + + + + - Road Resolution for S stem +' Chanes - VDOT Project 0081-034-127 C-501 I-81 Exit 310 Kernstown - CONSENT AGENDA APPROVAL WHEREAS, the Virginia Department of Transportation has completed Project 0081-034-127, C-501; an, WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and incorporated herein as part of resolution, define adjustments required in the secondary system of state highways as a result of constructi Minute Book 44 Board of Supervisors Meeting of 12112/18 — — — 115 and WHEREAS, certain segments identified on the incorporated Form AM4.3 appear to no longer serve public convenience and should be abandoned as a part of the secondary system of state highways, and WHEREAS, certain segments identified on the incorporated Form AM4.3 are no longer necessary for the uses of the state system of highways and no longer warrant maintenance at the taxpayers' expense, and WHEREAS, certain segments identified on the incorporated Form AM4.3 are ready to be accepted into the secondary system of state highways, and NOW, THEREFORE, BE IT RESOLVED, this Board hereby requests the Virginia Department of Transportation to take the necessary action to abandon those segments identified on the attached Form AM4.3 and project sketch as a part of the secondary system of state highways, pursuant to §33.2-912, Code of Virginia, and BE IT FURTHER RESOLVED, this Board hereby requests the Virginia Department of Transportation to take the necessary steps to discontinue maintenance on the segments identified on the incorporated Form AM4.3 and project sketch from the secondary system of state highways, pursuant to, §33.2-908, Code of Virginia, and BE IT FURTHER RESOLVED, this Board hereby requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM4.3 and project sketch to the secondary system of state highways, pursuant to, §33.2-705, Code of Virginia, and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS JOHN PETRIE NOMINATED TO THE LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED In response to a request from the Local Emergency Planning Committee (LF,PC) and upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, John Petrie was nominated to serve on the Local Emergency Planning Committee as a representative of the Lord Fairfax Emergency Services Council. The motion carried on a voice vote. THOMAS DENNEY JR. APPOINTED AS RED BUD DISTRICT REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Wells, Thomas Denney, Jr., was appointed as Red Bud District Representative on the Extension Leadership Council to fill an unexpired four-year term ending September 9, 2019. The motion carried on a voice vote. ALAN MORRISON APPOINTED AS MEMBER -AT -LARGE TO THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor McCarthy, Alan Morrison was appointed as a Member -At -Large to fill an unexpired four-year term ending November 14, 2021. The motion carried on a voice vote. LEWIS COSTELLO APPOINTED AS FREDERICK COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, Lewis Costello was appointed to a four-year term ending November 30, 2022, as Frederick County Representative on Minute Book 44 Board of Supervisors Meeting of 12/12/18 116 the Handley Regional Library Board. The motion carried on a voice vote. ON THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, Gary Crawford reappointed to a four-year term ending December 10, 2022, as the Back Creek DiE Representative on the Historic Resources Advisory Board. The motion carried on a voice vote. NORTHWESTERN COMMUNITY SERVICES BOARD - APPROVED Upon motion of Supervisor Wells, seconded by Supervisor McCarthy, Guss L. Morrison and Sandra W. Dunkle were each reappointed for three-year terms ending December 31, 2021, on the Northwestern Community Services Board. The motion carried on a voice vote. GENE FISHER RE -APPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Wells, Gene Fisher was reappointed to a three-year term ending January 10, 2022, on the Frederick -Winchester Service Authority. The motion carried on a voice vote. ++++++++++++++ REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS — APPROVED Mr. Tierney explained the requests for refunds saying they had been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and the corresponding supplemental appropriations for the refund requests as follows: American Telephone & Telegraph for $2,712.34; APC PCS, LLC for $40,650.10; Undisclosed Taxpayer — Disabled Veteran's Relief for $3,491.52; Undisclosed Taxpayer — Disabled Veteran's Relief for $3,907.32; and Undisclosed Taxpayer — Disabled Veteran's Relief for $7,296,79. 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 PUBLIC WORKS COMMITTEE Shannon G.Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye FACT SHEET AND PROCEDURE FOR SANITARY DISTRICT PETITION - ADOPTED Supervisor McCarthy moved for approval and adoption of the Fact Sheet and Procedure for Sanitary District Petition as presented by the Public Works Committee. Supervisor Wells seconded the motion which carried on a roil 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 12/12/18 r:rn inty of FrAdprink Virninia 117 Fact Sheet Regarding the Creation of Sanitary Districts Virginia law permits residents of a neighborhood or other area to submit a petition to their local governing body for the creation of a sanitary district, provided that such petition contains at least fifty (50) signatures of qualified voters within the proposed district. If the proposed sanitary district would include fewer than 100 qualified voters, then fifty percent (50%) of qualified voters must sign the petition. Once a petition is submitted, the Board of Supervisors is required to schedule and then conduct a public hearing on the petition. After that public hearing, the Board must determine whether the creation of a new Sanitary District is: 1. Necessary 2. Practical 3. Fiscally responsible, and 4. Supported by at least 50% of persons who own real property within the proposed district. In order to answer these questions, the Board of Supervisors will need additional information beyond what is required for a petition. Examples of this information include: • What specific services the Petitioners wish a sanitary district to provide • What concerns, if any, the Petitioners have about the condition of roads and other common areas within the proposed sanitary district • Whether a Property Owners' Association (POA) exists within the proposed sanitary district. If a POA exists: o Is it financially able to address the concerns noted by the Petitioners? o If the POA cannot address the concerns, has it exercised all its remedies under the law to improve its ability to address issues? • The extent and condition of roads, open space, or any other common areas that may potentially be included in the Sanitary District, if one is created. • Repairs, if any, that are necessary to maintain safe conditions on roads and in common spaces, and the estimated costs of those repairs. • Additional work that may be necessary to bring the area within the proposed sanitary district up to a safe operating standard such as: o The approximate cost of yearly operation of the proposed sanitary district, including staffing, equipment, supplies, and any contracted work that would be necessary. o The approximate cost of establishing, by survey, the boundary of the proposed sanitary district, if not already established by previous survey or instrument. • Polling information, of all record owners of real property within the proposed sanitary district, inquiring whether they support its creation. The Board expects that Petitioners will provide, following the submission of their Petition, the following information: • The specific services they are seeking from a potential sanitary district; • Specific concerns that they have regarding the condition of roads and other common areas within the proposed district; • Polling information of all record owners of real property within the proposed district, regarding whether they support the creation of a sanitary district; and • Any information in their possession that is listed above or may be helpful to the Board in deciding whether to create a sanitary district. While the Board will not make the decision on the Petition until a public hearing is held, having the relevant information from Petitioners prior to the hearing will ensure that the Board has ample time to review it. Petitioners or other residents may submit information to the Director of Public Works (County staff contact). Sanitary District Petition Procedure The following procedures shall apply to the consideration and processing of petitions for the creation of new sanitary districts submitted by residents of Frederick County: 1. Once a petition is received by the County, staff will verify that the Petition, at a minimum, requests the creation of a sanitary district, at least roughiy identifies the area to be encompassed therein, and bears fifty (50) signatures. If the submission dews not meet this standard, it will not be processed further until such information is provided 2. If the above standard is met, staff will send the Petition signatures to the Voter Registrar to verify that they are, in fact, registered voters who live within the proposed district. a. If there are not fifty (50) signatures of registered voters who reside within the proposed district, the Petition will not be processed further, until such signatures are procured by the applicant. 3 Provided that the petition requirements are met, the Petition will be put on the agenda for a meeting of the Board of Supervisors. 4. At the appointed meeting, the date for a public hearing on the submitted Petition should be set. The meeting will be scheduled with the consideration of the publication requirements (three weeks of consecutive notice in the local paper, and at least ten (10) days to pass between the running of the third ad and the date of the hearing). a. At the hearing, the Beard may wish to refer the Petition to a committee for further discussion or study (i,e. to the Public Works Committee). b. The Board may also direct staff to correspond with the Petitioners to inform them of information the Board will wish to have presented at the public hearing, to aid the Board in answering the questions required by the Virginia Code. Those questions are whether the creation of the proposed sanitary district is: i. Necessary ii. Practical iii. Fiscally responsible, and iv Siinnnrted by at IP.aSf 50% of nPrsnns who own real DrOcefty within the orcposed district. Minute Book 44 Board of Supervisors Meeting of 12/12/1 B 118 5. If the matter is referred to a Committee, the Committee will begin the process of gathering information from the Petitioners and Staff to submit to the Board to aid it in its determination. a. Information that the Committee may wish to have includes, but is not limited to: i. From Petitioners: 1. What specific services the Petitioners wish a sanitary district to provide. 2. What concerns, if any, the Petitioners have about the condition of roads and other common areas within the proposed sanitary district. 3. Whether a Property Owners' Association (POA) exists within the proposed sanitary district. If a POA exists: a. Whether it is financially able to address the concerns noted by the Petition. b. If the POA cannot address the concerns, whether it exercised all its remedies under the law to improve its ability to address identified issues. 4. Polling data of the record owners of real property within the proposed sanitary district, indicating whether such owners support the creation of the proposed sanitary district. Such data should indicate the percentage of property owners who answered in the affirmative, the percentage who answered in the negative, and the percentage who did not respond. ii. From Staff: 1. The condition of roads, utilities, open space, or any other common areas or services that may potentially be included in the Sanitary District, if one is created. Such information should include: a. Repairs, if any, that are necessary to maintain safe conditions on roads and in common spaces, and the estimated costs of those repairs. b. Additional work that would be necessary to bring the area within the proposed sanitary district up to a safe operating standard, and the estimated cost of that work. c. Identification of any parcels that would not benefit from inclusion in the sanitary district, or for which inclusion is not necessary or fiscally responsible. 2. The approximate cost of yearly operation of the proposed sanitary district, including staffing, equipment, supplies, and any contracted work that would be necessary. 3. The approximate tax or sanitary district fee that would be charged to residents to support the operations of the proposed district, if created. 4. The approximate cost of establishing, by survey, the boundary of the proposed sanitary district, if not already established by previous survey or instrument. 5. The present rate of property tax collection within the proposed sanitary district, as determined by the Treasurer's Office, b. Once the Committee has studied the matter and considered any additional items that the Board has requested, the Committee will forward its findings to the Board. 6. At that public hearing, any person who owns property in the proposed sanitary district, or any person who resides in the proposed sanitary district may speak or present evidence in favor of the creation of the district, or In opposition to the creation of the district. 7. After the public hearing has been held, the Board must determine whether the creation of the proposed sanitary district is necessary, practical, fiscally responsible, and supported by at least fifty percent (50%) of the persons owning real estate within the proposed district. a. If the Board finds facts sufficient to determine that the creation of the proposed sanitary district is necessary, practical, fiscally responsible, and supported by fifty percent (50%) of the persons owning real estate therein, then the Board may pass an ordinance establishing the new sanitary district, and which prescribes its metes and bounds. The Board may exclude from the Sanitary District any parcel that would either not be benefitted by the new sanitary district, or for which it was not able to find facts sufficient for inclusion. b. If the Board does not find sufficient facts to support the creation of the sanitary district, it should take action to deny the petition. + + + + + + + + + + + + + + CONTINUED PUBLIC HEARING ON PETITION FOR MOUNTAIN FALLS PARK SANITARY DISTRICT DESIGNATION SET FOR FEBRUARY 13, 2019 — APPROVED Vice Chairman Lofton discussed whether the Mountain Falls residents petitioning for a sanitary district should continue their current path or start over following the newly adopted procedures. Mr. Tierney noted that the public hearing on the matter was continued and is currently still open. He inquired whether the Board wished to set a date for the continued public hearing. Supervisor McCarthy moved to set the continued public hearing for the first February meeting, February 13, 2019, with the intention to hear any additional information provided by the petitioners. Minute Book 44 Board of Supervisors Meeting of 12/12/18 MA Vice Chairman Lofton seconded the motion. The Board discussed the matter and the motion to set the continued public hearing for February 13, 2019, carried unanimously on a voice vote. PUBLIC HEARINGS (Non -Planning Items) Twelve Month (2019) Outdoor Festival Permit Application - Belle Grove Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Belle Grove Plantation, 336 Belle Grove Road, Middletown, Virginia. Property Owned by the National Trust for Historic Preservation. Kristin Laise, Executive Director of Belle Grove, thanked the Board for its past support in approving the outdoor festival permit. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Vice Chairman Lofton, seconded by Supervisor Trout, the 2019 Twelve Month Outdoor Festival Permit for Belle Grove was approved unanimously on a voice vote. PLANNING COMMISSION BUSINESS Public HearinL, - None Other Planning Business REQUEST FOR PUMP & HAUL PERMIT. 721 SMITHFIELD AVENUE, WINCHESTER PIN#: 54 - - 7 - APPROVED Staff has received a request seeking approval of a Pump & Haut Permit for an existing residence at 721 Smithfield Avenue, Winchester. Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if specific criteria are satisfied. Candice Perkins, Assistant Planning Director, provided background and site information for the request. She said the Health Department has stated that the current system is failing and cannot be repaired. She said the request appears to comply with the code requirements. The Board and staff discussed whether the property owner had previously made a similar request, the current monthly costs of pumping, and the fact that the system would be monitored with an alarm. The property owner, Mary Legge, thanked the Board for reviewing the matter and asked for approval of the permit. Supervisor Slaughter noted her usual dislike of the pump and haul option but said the request meets the criteria. She moved for approval of the pump and haul,permit for 721 Smithfield Avenue. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn No Gary A. Lofton Aye J. Douglas McCarthy No 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 12/12/1 B 120 BOARD LIAISON REPORTS - None CITIZEN COMMENTS — Beth Shalap, Back Creek District, requested clarification on why the Board adopted the Procedure for Sanitary District Petition earlier in the meeting if the public hearing on the request for sanitary district designation for Mountain Falls Park was still open. Chairman DeHaven explained that the procedure is a county policy not subject to a public hearing. Ms. Shalap noted the tasks given to the Public Works Committee regarding residents' request for Mountain Falls Park to become a sanitary district. She asked that the Board direct the Committee to release the draft cost figures to both the Board and the residents. She said she disagreed with the Board's interpretation of the law regarding the sanitary district designation process, specmcauy regarding identifying support of 50% of the property owners. Ms. Shalap said that she is aware the Public Works Committee will recommend against Mountain Falls Park becoming a sanitary distric because 50% support has not been found, and that the Procedures are incomplete because there is n appeal process. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton discussed the identified need for workforce housing saying it provide an affordable housing option for qualifying families that average 60% of the local median househol income. He said he has been in discussions with a group proposing to develop, own, and operate workforce housing community in the vicinity of Route 37, Middle Road, and Apple Valley Roat He said the proposal will require an amendment to the Comprehensive Policy Plan Kernstown Are Plan and expansion of the Urban Development Area Boundary. He moved that the Board approN beginning the process of working toward amendment of the Comprehensive Policy Plan Kernstom Area Plan. Supervisor Wells seconded the motion. Supervisor Slaughter said she had not seen the email sent earlier in the day on the topic at requested more time to review the issue. She questioned whether a plan amendment was necessa with other areas already designated as residential. Chairman Dellaven said it is the right of any Supervisor to request a Comprehensive PI amendment and deferred to Vice Chairman Lofton regarding a delay of the request. Vice Chairm Lofton said he would rather not delay and noted that the request will not permanently set anything place, but will start the study process allowing staff to provide pertinent data on the project. The motion to initiate amendment of the Comprehensive Policy Plan Kernstown Area PI carried on voice vote. Supervisor McCarthy said that the Public Works Committee went out of their way to all Mountain Falls residents the benefit of the doubt in light of the new law on sanitary dist designation. He added that the draft cost analysis prepared by the Committee is already part of public record since it is included in the current meeting agenda packet which has been made availE to the public. Minute Book 44 Board of Supervisors Meeting of 12/12/18 121 Supervisor McCarthy thanked the Reynolds Store Fire & Rescue Company for their help and service when his family needed assistance during the last week. Supervisor Dunn said Delegate Chris Collins is drafting a bill which will call for a referendum to allow a county to equalize a county meals tax with the meals tax of an adjacent city, and if passed by the General Assembly and signed by the Governor, any county could place this issue as a referendum on the ballot in November 2019 with implementation in January 2020. He said Frederick County needs to raise money to meet the demands of a growing population. He added that meals taxes are discretionary while real estate taxes are mandatory and said a meals tax equalization would increase county revenue. He said he would like to introduce a resolution in support of the bill that will help Delegate Collins as he works with colleagues to pass this bill. Chairmen DeHaven said such a resolution can be prepared by staff for the next meeting. Supervisor Dunn thanked the Frederick County Sheriffs Department for their assistance at the recent Follow the Star event. Supervisor Slaughter said she attend the recent Independent Study for Middle Schools event held recently. She noted the outstanding work of the students and praised the amazing student led projects. She thanked the teachers for all their efforts assisting the students. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 7:45 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kris C. ti rney Clerk, Board of S4e.UJsWS Minutes Prepared By: � f Xn-ii W. Phi ' s Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 1012118 122 Board of Supervisors Minutes of December 12, 2018 - Appendix 1 Board of Supervisors Information Technology Committee Report A Technologies Committee meeting was held in the First Floor Conference Room at 107 N Kent Street on Wednesday, October 18, 2018 at 8:15 a.m. Members present were Gary Lofton, Chairman, Judith McCann -Slaughter, Board Member, Douglas McCarthy, Board Member, and Quaiser Absar, Citizen Member. Also, in attendance were Jay Tibbs, Deputy County Administrator, Michael Marciano, Human Resources Director, Scott Varner, IT Director, Benny Tyson, MIS Director, Patrick Fly, GIS Manager, Michelle Nugent, Network Operations Manager, and Jennifer Carver, Administrative Assistant. ACTION ITEMS 1. Request use of PEG funds for professional services and equipment for electronic agenda creation/management and live streaming of County meetings. — Recommended Approval to Finance Committee 2. The Director of Information Technology and MIS requests a previously unfunded GIS Addressing Technician position be approved to move to the Finance Committee for funding in Fiscal Year 2019. — Recommended Approval to Finance Committee INFORMATION ONLY 1. The department organization chart has changed due to the decision not to fill a vacant Database Administrator position but instead to add a third PC Technician. The Director and GIS Manager have absorbed duties, so a third PC Technician position could be filled to fulfill services and needs of our IT customers. The IT Director provided a copy of the reorganization chart. 2. As competition for our technical staff in the private and public sector continues, the Department of Information Technology wants to address retention and ensure continuity as well as succession planning. The department has developed career tracks for each position. The IT Director and HR Director will work on an implementation plan to present at a later date. 3. The IT Director highlighted several steps taken to address cybersecurity concerns. a. The IT Department initiated mandatory cybersecurity training for all County personnel. b. Advanced Threat Protection is being utilized to scan all email links and attachments for malicious code. c. The Department is testing new anti -virus software that utilizes artificial intelligence to protect desktops and laptops. d. The Network Operations Team is researching multi -factor authentication as an additional form of protection as well looking into several products for rapid recovery of critical systems. 4. The Network Switch Replacement project is underway for Fiscal Year 2019 at the Kent building. Fiscal Year 2020 will focus on the Public Safety building. Fiscal Year 2021 will focus on the Northwestern Regional Adult Detention Center, Minute Book 44 Board of Supervisors Meeting of 12/12/18 Cnunty of Frederick. Virainia 123 5. The Network Operations Team is working on a project to migrate the servers and software for Public Safety to a new virtual environment. 6. The IT Director is working to establish a test pilot for mobile routers in Public Safety vehicles. The current connection for GPS tracking and network interface is the laptops or tablets that Public Safety personnel use in their vehicles. This type of connection has consistent issues as it is dependent on the laptop for connectivity. The mobile router offers a much more reliable connection for GPS and allows for the growing number of devices in Public Safety vehicles that need to connect to the network or the internet. 7. Fiscal Year 2020 — The IT Director provided a draft of the budget for Fiscal Year 2020. Any changes or additions to the budget will be sent to the ITBOS Committee for review. 8. ITBOS Meeting Calendar — The committee adopted the meeting calendar for 2019 unless no items exist. Respectfully Submitted, INFORMATION TECHNOLOGIES COMMITTEE Gary Lofton, Chairman Judith McCann -Slaughter Douglas McCarthy Quaiser Absar By: Scott Varner, IT Director Minute Book 44 Board of Supervisors Meeting of 12/12/18 124 Board of Supervisors Minutes of December 12, 2018 - Appendix 2 FREDERICK COUNTY COMMISSION FOR PARKS AND RECREATION November 13, 2018 Greenwood Mill Community Center Members Present: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Charles Sandy, Jr., Amy Strosnider, Ronald Madagan, Guss Morrison, and Robert Wells (Board of Supervisors' Non -Voting Liaison) staff. Jason Robertson, Jon Turkel, Cory Smith Call jQ, Q&er The meeting was called to order at 7:00 p.m. by Mr. Cal -ter, Chairman. AP f-October 9.2-0 L8 M-equng minutes Mr. Madagan moved to approve the minutes as submitted, second by Mr. Sandy, carried unanimously (8-0). Adoption of Agenda Mr. Morrison moved to approve the agenda, second by Mr. Fordney carried unanimously (8-0). Unfinished Business None New Business None MqntWLRmorts St aff Report-Mr.Turke-1-T 10M -400119 s: Frederick Heights Park is ready for asphalt. There was a meeting with the asphalt company for Northwest Sherando Park; they will continue t4 proceed with site work, install the gravel base and curbs, will asphalt in the spring. Both the Minute Book 44 Board of Supervisors Meeting of 12112/18 MR Parks & Recreation Commission Meeting Page 2 November 13, 2018 company and VDOT are ok with opening the gravel lot for use, Clearbrook Park Parking lot -there was a meeting with Pennoni regarding the design work, bids should go out in Jan. The restroorn for Northwest Sherando is ready to go out to bid (EVA). There was a discussion regarding signs on Senseny Road advertising Frederick Heights Park. ME. Smi th n! iv—rted As follows: The park staff has cleaned up and re -mulched the playground at FHP. Sherando Field #8 renovation is underway. Aerating and over seeding of the school athletic fields is underway. The shelter at Rose Hill Park was stained. Winter Wonderland set-up is on schedule. The baseball fields at JWHS and SHS are being renovated and drainage problems are being issued All unheated areas of the parks and the irrigation systems are being winterized. r. �Rob"�on report ed as follows: Winter Wonderland will open on November 23, that will also be Chain of Checks night. On December 4h and 5', the basicRec Art Show will be held in the heated tent at Winter Wonderland. The Thanksgiving 5k will be held on Thanksgiving morning. There were over 500 runners at the Battlefield Half Marathon, items are still be tallied, the donation to WATTS will be presented by January. There were 115 seniors at the Thanksgiving Senior Banquet. � I The December 8h trip to New York City is sold out. Minute Book 44 Board of Supervisors Meeting of 12/12/18 126 Parks & Recreation Commission Meeting Page 3 November 13, 2018 Staff met with FCPS to discus community use and grounds maintenance regarding the proposed new Aylor Middle School. Jason Brown and Jason Robertson attend the Virginia Recreation and Park Society Annual Conference. The Department received a donation of two dog waste stations from All Pets Cremation Center of Omps Funeral Home. One will be placed at Rose Hill Park the other at Sherando Park. Mr. Fordney has donated a bench to be installed at Frederick Heights Park. Standing Committee, Reports: Buildinu and Grounds Committee -November b, 2018: 1. Fiscal Year 2020 Capital Improvement plan was presented by Mr. Madagan and discussed. The Buildings and Grounds committee made a motion to accept the CIP as presented, seconded by Mr. Sandy carried unanimously (8-0). Information Items The Finance Committee will meet on December 5, 2018 at 4:30 p.m. Mr. Madagan thanked everyone that was instrumental in overseeing the projects that have been accomplished in the last four year. Adj ourrunent The Chairman adjourned the meeting at 7:40 p.m. Respectfully submitted, Randy Carter, Chairman Jason L. Robertson, Director Minute Book 44 Board of supervisors Meeting of 12/12/18 r'—into of F:-1.h,k Vi-Mia 127 Board of Supervisors Minutes of December 12, 2018 - Appendix 3 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday November 19th, 2018 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann -Slaughter, Chuck Torpy, Helen Lake and Blain Dunn Staff present: Director of Communications LeeAnna Pyles, Fire Chief Dennis Linaburg, Volunteer Fire & Rescue President Dan Cunningham, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Deputy Director of Emergency Management Chester Lauck, Major Steve Hawkins, Assistant County Attorney Erin Swisshelm, Lieutenant Warren Gosnell and County Attorney Rod Williams and Assistant Commonwealth Attorney Heather Enloe. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1- None ITEMS FOR INFORMATION ONLY: 1. Communications, Fire & Rescue, Sheriff's Office presented a brief outline of their FY20 budget requests (see attached x3) Chief Linaburg, Director Pyles, and Sheriff Millholland provided the committee with a brief overview of their respective departmental priorities in the upcoming budget. Chief Linaburg identified: - Succession Planning to include an Assistant Fire Chief. - Other positions included an Assistant Fire Marshal and support staff necessary to provide increased minimum staffing. - Capital items included radio equipment and tower site upgrades and repairs, replacement of: Ambulance 10, Public Education trailer, and Training Division Chief s vehicle to name a few. Director Pyles identified: - Succession planning to include re-establishing the position of Operations Supervisor. - Purchase of an interface for text to 9-1-1. - Implementation of the mandated upgrade to NextGeneration 9-1-1. (The state will provide approximately $256,000 towards the cost of implementation and will cover increased phone bill costs for the first 24 months of the program. Sheriff Millholland identified: - School resource officers for all elementary schools. - 69 new vehicles (43 replacement and 23 for new positions). - Replacement of department revolvers. 2. NG9-1-1 presentation — Director Pyles see attached) Director Pyles provide the committee with a brief overview of the mandated conversion to NextGeneration 9-1-1. The Code of Virginia requires migration to this system by Minute Book 44 Board of Supervisors Meeting of 12/12/18 128 July 1, 2023. She noted that most localities have chosen to utilize AT&T as the vendor for this system, which is the recommendation of the Virginia 9-1-1 Services Board. She noted Fairfax County has a contract for these services and it is available to all Virginia localities. The total cost of the project is estimated at approximately $840,000 with the cost to be borne by the Virginia 9-1-1 Board. There will be a recurring cost of $213,000 +/- for increased phone bills. This Virginia 9-1-1 Board will pay this cost for the first 24 months after implementation. The next step in the process is for the County to execute a Proposal Acceptance Letter (PAL). Implementation date is after July 2020. 3. Fire H drant clearin — Su evisor Dunn: Supervisor Dunn requested an update on the issue of clearing/flagging fire hydrants during the winter. Chief Linaburg advised that all the fire hydrants have been mapped using GPS and that it would not be reasonable for citizens to be responsible for clearing them. Chief Linaburg added that flagging hydrants at this time is not a priority. Supervisor Dunn requested more PSAs be made to the public during inclement weather situations to encourage clearing around hydrants. 4. Fire/FMS medical response — Su ervisor Dunn: Supervisor Dunn had questions as to why, in some instances, the closest available Fire/EMS units are not sent on emergency calls. Chief Linaburg advised that the fire companies must go by determined boundaries and not by closest available to the incident. If a call is in the City, the closest available City company is dispatched and the same goes with the County. 5. Update on school bus red light cameras- Walt Cunningham: Walt Cunningham requested information and any updates on the red-light cameras for the school buses. Lt. Gosnell informed the committee that as of now, the project has not progressed due to legalities on the issues of payments, invoices/citations. He stated that once the videos are received, someone assigned by the Sheriff's office will have to review the footage and notate any violation that is observed. After the incident is determined to be a violation, a bill would be sent to the owner of the vehicle; however, the State statute states a summons must be signed for, thus the County ordinance would have to be re -written in order to conform. As well, the question of who and what departments would receive the monies from the payments of the violations was brought to light. Chairman Wells requested that the informal committee already tasked with this project continue working on these gray areas in hopes of finding a reasonable solution. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Helen Lake Walt Cunningham Judy McCann -Slaughter Minute Book 44 Board of supervisors Meeting of 12/12/1 B WE Board of Supervisors Minutes of December 12, 2018 - Appendix 4 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, October 30, 2018 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Robert W. Wells; Whitney "Whit' L. Wagner; and Harvey E. "Ed" Strawsnyder, Jr Committee Members Absent: Gene E. Fisher Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Ron Kimble, Landfill Manager; Kevin Alderman, Shawneeland District Manager; Erin Swisshelm, Assistant County Attorney; Karen Vacchio, Public Information Officer; Kris Tierney, County Administrator ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-None ITEMS FOR INFORMATION ONLY 1-Discuss proposed use of Old Bus Shop in Albin as a Citizen Convenience Center The existing Albin Convenience Center located at 137 Indian Hollow Road continues to be the busiest convenience center in Frederick County, not including the Frederick County Landfill. Staff has been trying to locate a new site for several years. For some time, we have talked with the Frederick County School Division in co -locating a new convenience center on some of the property of the existing bust ship located at 178 Indian Hollow Road. In recent discussions with the school division, we have agreed to work together and develop a new convenience center in conjunction with some planned site work by the schools. We will have a formal agreement with the school division with a perpetual easement to have a convenience center on the property. Our plan is to develop an overall site plan to include our site development along with entrance improvements and stormwater management. We would coordinate our design with the schools. Once the site plan is complete, we would bring the design back to the Public Works Committee for review and endorsement. We will also develop an engineer's estimate for the proposed site development. We also plan to sell the land the existing convenience center is on since there is interest from the adjacent property owners in purchasing the property. Funding is available for the design services in the current budget. The cost for the site improvements is estimated to be $1,224,000 based on our estimate outline in the current Capital Improvement Plan (CIP). Future Board of Supervisor action will be necessary to fund the site improvements. A motion was made by Supervisor Wells to move forward with designing the new convenience center. The motion was seconded by Committee Member Whit Wagner. The motion was unanimously approved by the committee. 2-Discuss disposition of the old mailbox house in the Shawneeland Sanitary District Supervisor Lofton requested a matter regarding the old mailbox house at the intersection of Rosenberger Lane and Tomahawk Trail be discussed by the committee. When Shawneeland built a new mailbox house for the southern portion of Shawneeland in 2012, the old mailbox house was going to be demolished. At that time, a group of citizens with Shawneeland came forward to indicate they would be responsible to perform some structural modifications and repairs to be able to keep the mailbox house from being demolished. Therefore, the group was allowed to do the repairs. The main issues currently are the maintenance of the existing facility and the ongoing accumulation of trash, debris, TVs, etc. that are being dumped off at the old mailbox house. The Shawneeland staff has been attempting to keep the trash picked up. The Advisory Minute Book 44 Board of Supervisors Meeting of 12/12/18 UK& Committee assumed that the group that made the repairs to the structure would also be responsible for long term maintenance and upkeep of the site. The group feels the responsibility rests with the Shawneeland work crew. So further evaluation regarding this matter needs to take place and try to determine what is the best option for the citizens of Shawneeland, whether to demolish the structure, have Shawneeland staff maintain the facility or allow the citizens group to maintain the property. Supervisor Wells made a motion to have a 60-day study period of how much debris and trash is dropped off at the old mailbox house. At the end of the study period, another meeting shall occur to determine the final disposition of the old mailbox house. The motion was seconded by Committee Member Ed Strawsnyder. The committee unanimously approved the motion. (Attachment 6) 3-Request for supplemental appropriations —Animal Shelter reserve funds for Spay/Neuter of Dogs and Cats A request for a supplemental appropriation in the amount of $10,000 was made by the Animal Shelter. The funds will be to continue a comprehensive spay/neuter program for animals at the shelter. The funds are from the Animal Shelter reserve that has had a portion of the funds designated by the donor to help with increased spay and neuter of adoptable animals. This will be the second year we have continued this program utilizing these donated funds. There is approximately $200,000 of funds in the reserve earmarked for increased spay and neutering. (Attachment 1) The funds are in reserve line item 10-240-2501. We are requesting the $10,000 be placed into line item 10-4305-3001-000 Professional Services. A motion was made by Committee Member Whit Wagner to approve the request. The motion was seconded by Supervisor Wells. The supplemental appropriation was unanimously approved by the committee. The request will be sent to the Finance Committee for further consideration. 4-Update on Frederick County Landfill projects and the sludge issue Due to record rainfalls this year, the Frederick County Landfill has experienced many issues related to the increased leachate runoff and flooding. Because of these emergencies, the landfill is currently building a new 4 million gallon leachate holding pond in response to the Department of Environmental Quality (DEQ) recommendations. We are also upgrading our leachate pumping systems and redoing some of our leachate handling systems. We anticipate completing the new pond by the end of the year. There will be on -going improvements that will continue into next year. We have also begun the excavation of the next MSW Cell, Phase 3, Cell A. The project involved removing over 500,000 cubic yards of soil and rock. We are currently drilling, blasting, crushing etc. to achieve our base grades for this cell. The work will be on -going for the next two to three years. We anticipate having the new cell completed within four to five years. 5-Budget discussions for the November 27, 2018 Public Works Committee Meeting We updated the committee that the proposed Public Works budgets for FY 2020 will be presented at this meeting. Staff are currently working on the nine (9) budgets that are part of the Public Works Department. Also, in regard to the landfill budget, we are planning on having a joint Public Works Committee/Landfill Oversight Committee meeting to discuss the Landfill budget. This will be part of the November 27, 2018 meeting. 6-Brief update on the status of the Wilde Acres/Mountain Falls Park Sanitary District request The committee was updated that the subcommittee created to study the request from Wilde Acres/Mountain Falls Park will be meeting in November to finalize the recommendations that will be going back to the Public Works Committee. The recommendations will go to the committee at our November 27, 2018 meeting. The committee will then decide what recommendations shall go to the Board of Supervisors for discussion and final action. Minute Book 44 Board of Supervisors Meeting of 12/12/18 131 7-Supervisor Wells requested that the Public Works Department look into having a public forum to discuss Solid Waste, Recycling and Landfill topics as a means to help educate the general public about the many programs and positive things the department is doing related to solid waste issues. Since many of the programs and policies for this area are behind the scenes, it is his desire along with Supervisor Lofton to hold a public forum to engage the citizens about the many things going on within the department. The committee endorsed the request to have staff move forward with having a public forum in early Spring of 2019. 8- Miscellaneous Reports a) Tonnage Report (Attachment 2) b) Recycling Report (Attachment 3) c) Animal Shelter Dog Report (Attachment 4) d) Animal Shelter Cat Report (Attachment 5) Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney "Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder, Jr. By Joe'C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Erin Swisshelm, Assistant County Attorney Bill orndoff, Treasurer Wayne Corbett, Deputy Treasurer Mike Stewart, Senior Project Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager file Minute Book 44 Board of Supervisors Meeting of 12/12118 132 Board of Supervisors Minutes of December 12, 2018 - Appendix 5 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, November 27, 2018 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Whitney "Whit' L. Wagner; Gene E. Fisher; and Harvey E. "Ed" Strawsnyder, Jr. Committee Members Absent: Robert W. Wells LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Kris C. Tierney; Perry Eisenach; Michael Neese; and Justin Hall Committee Members Absent: Robert W. Wells; J. Stanley Crockett; David Ash; and Eden Freeman Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Andrew Clarke, Landfill Environmental Manager; Dale Ballenger, Landfill Operations Manager; Kevin Alderman, Shawneeland District Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Erin Swisshelm, Assistant County Attorney; Kris Tierney, County Administrator (Attachment 1) Agenda Packet ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-Public Works Committee recommendations concerning the request by Wilde Acres/Mountain Falls Park to become a Sanitary District. At the June 13, 2018 Board of Supervisors meeting, the Board approved a motion for the Public Works Committee to study and develop a process for the evaluation of requests by petitioners who are seeking the creation of a Sanitary District in Frederick County. Attached are the minutes from that meeting. Due to recent changes in Virginia Law, requests concerning the creation of a Sanitary District must be approved by the Board of Supervisors. The Public Works Committee created a procedures document and fact sheet for the Boards consideration for adoption and approval. A motion was made by Supervisor Lofton to forward the procedures document and fact sheet to the Board of Supervisors for final approval. The motion was seconded by Committee Member Strawsnyder and was unanimously approved by the Public Works Committee. The committee also reviewed the cost estimate and data concerning the creation of a Sanitary District in Wilde Acres/Mountain Falls Park. The budgetary estimates provide a general layout of potential costs to create a sanitary district in Wilde Acres/Mountain Falls Park. One of the points of discussion is the requirement to document that 50% of the property owners would support the creation of a Sanitary District. This requirement would need to be met by the petitioners. Therefore, a motion was made by Supervisor Lofton to table the discussion about the creation of a Sanitary District in Wilde Acres/Mountain Falls Park until the Board of Supervisors approves the procedures document and fact sheet and clear direction is given about achieving the 50% property owner requirement. The motions were seconded by Committee Member Wagner and unanimously approved by the committee. (Attachment 2) ITEMS FOR INFORMATION ONLY 1-We had a joint Public Works Committee/Landfill Oversight Committee to discuss the proposed Landfill Budget for Fiscal Year 2020 and an update on projects at the Landfill. As part of the Landfill budget we are recommending funding an additional Landfill Technician position. The committee wanted to officially endorse the funding for this position. Minute Book 44 Board of Supervisors Meeting of 1W2118 n......a.. ,.S Cre.lerin4 \lirnini� A motion was made by Committee Member Wagner to endorse the funding of this position in the Fiscal Year 2020 budget. The motion was seconded by Committee Member Strawsnyder and was unanimously approved by the committee. The joint committees endorsed the landfill budget requests. 2-Staff presented the other Public Works Department budgets to the committee. After some discussion, the committee endorsed the budget packages. All the draft budgets were submitted to the Finance Department on November 26, 2018 for further consideration by the Finance Committee and Board of Supervisors. 3-Staff presented an update concerning the current status of the Frederick County Recycling Program. There is on -going discussion with our current vendor, Southern Scrap, over renewal of the current contract. We also updated the committee that the current recycling markets in the United States are in a period of change and we are trying to make sure Frederick County's Recycling markets are viable and will continue into the future. 4-A request was made by the Shawneeland Sanitary District Manager for a supplemental appropriation in the Fiscal Year 2019 budget in the amount of $300,000.00. This funding will replace funds already spent this fiscal year to pay for emergency repairs related to flooding rains that affected the road ways throughout the subdivision since late spring 2018. A motion was made by Committee Member Strawsnyder to endorse the request and to forward it on to the Finance Committee for further consideration. The motion was seconded by Supervisor Lofton and unanimously approved by the committee. 5- Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney "Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder, Jr. By _"k JoCC. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Erin Swisshelm, Assistant County Attorney Mike Stewart, Senior Project Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Bill Orndoff, Treasurer Wayne Corbett, Deputy Treasurer file Minute Book 44 Board of Supervisors Meeting of 12/12/18 134 Board of Supervisors Minutes of December 12, 2018 - Appendix 6 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, October 22, 2018 8:30 a.m. 107 NORTH KENT STREET, WPVCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann - Slaughter (Voting), Gary Oates (Liaison PC/Voting), 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, Sheriff Lenny Millholland and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Transportation Forum: The Fall Transportation Forum will take place on Thursday, October 25, 2018 at the Winchester Regional Airport. There will be refreshments available to Board Members and guests at 5:00 p.m. and doors will open to the public at 6:00 p.m. with an expected conclusion by 8:00 p.m. 2-I-81 Corridor Study Mr. Bishop gave an update on the 3' series of the planned I-81 Corridor Study meetings that Staff attended on Wednesday, October 17, 2018 at Weyers Cave, Virginia and the local meeting on Thursday, October 18, 2018. Staff submitted comments at the meetings. The beginning of the presentation shows the incidents which lead to this study. The Community involvement in the meetings has been well attended with the comments and concerns being heard. An important concern that came out of the meetings was the congestion and safety that comes with a traffic stop with the slow down/move over law and rubbernecking that takes place in those incidents. The potential Capital Improvements with a focus on an improvement package with an approximate cost of $2 billion funded. The projects are evaluated using the Smart Scale program like process with benefits based at 40°% on person hours of delay, 40% on change in crash frequency and 20°% on change in access to jobs. Staff is concerned that particularly with the proximity of our area to the Inland Port that Economic Development is missing. The potential improvements not recommended to be funded as part of the project are Exits 313 to 317 that is a concern for Staff. Staff had the opportunity to address this concern as we believe it is more needed in these areas than other localities that projects had been funded. Also discussed was the proposed options for funding the potential improvement sources could include; e.g. tolls or a dedicated increase in fuel tax. The deadline for public comments on the 1-81 improvement plan is November 30, 2018. A draft resolution will be forwarded to the Committee for review then to the Board of Supervisor for the November 14, 2018 meeting. 3-Highway Safety Improvement Program: A brief overview of the Highway Safety Improvement Program (HSIP) was given by Mr. David Morris, VDOT'S Staunton District. HSIP is a Federal Program funding for safety improvements to transportation in the Staunton District. VDOT analyzes the data and develops maps to indicate where crashes are happening in the areas of the roadways. VDOT is working closely with law - enforcement to identify problem areas. The Federal Program will fund shoulder improvements, rumble strips and upgrade the guardrails on Rt. 37 for the FY 19. Mr. James Racey asked the question about edge lines on rural roadways. VDOT must have 20 feet for an edge line and 18 feet for a center line, also the traffic count must be considered. 4-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: The Board of Supervisors approved the line item through recommendation of approval by the Finance Committee for this project. Final comments from VDOT have been addressed on the 100 % design. Staff is waiting final plan clearance. Final plats have been received Minute Book 44 Board of Supervisors Meeting of 12/12/18 135 and distributed to VDOT, County Attorney and the County's private partner for approval and signature. Upon final plan clearance, bid tabulations will be finalized and the bid package will be advertised. Renaissance Drive: The County's consultant advised that the 30% and an updated cost estimate is expected within the week. Northern Y: Currently, 30% design underway. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently. 5-Upcoming Agenda Items: November: Capital Improvement Programs, Non -Hard Surface Road paving program with maps. TBD: Oakdale Crossing Traffic Calming Study. 6-Other: The Sheriff asked that officials reach out to Delegates about the safety issues of distracted drivers to outlaw the use of a cellphone while driving in support of the hands -free law would be beneficial. Judith McCann -Slaughter asked about warning signal lights on Old Charlestown Road and Route 11. The traffic study has been completed. VDOT is looking at alterative solution. Also, Judith McCann -Slaughter asked VDOT about signage on Rt. 37 onto Rt. 11 North. VDOT is planning to visit that location after the meeting to address the issue. Minute Book 44 Board of Supervisors Meeting of 12/12/18 136 Board of Supervisors Minutes of December 12, 2018 - Appendix Y TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, November 26, 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), 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, Sheriff Lenny Millholland, Traffic Division Commander Lt. Warren Gosnell, and Kathy Smith, Secretary ITEMS RE UIRING ACTION By BOARD OF SUPERVISORS. - NONE ITEMS FOR INFORMATION ONLY: 1-Capital improvement Programs (CIP) 2019-2024 Update -Transportation Section (see attached): The CIP must be updated each yearoutlining the key capital funding priorities among the different County Departments and Agencies. The only changes to the CIP currently are the removal of the completed projects which are the 1-81 exit 310 and Fox Drive turn lane improvements. Mr. Dunn (email attached) raised an issue for a discussion of an area in his district of a safety concern with Project #19 for the Senseny Road turn lane at Crestleigh Drive. The Committee discussed the proposed safety concerns of a signal at the intersection and/or turn lanes. The Committee, by consensus, has requested for Staff to coordinate with VDOT for an analysis study of the area to see if a signal and/or a turn lane would warrant at this intersection. Upon a motion by, Mr. Gary Oates seconded by Ms. Judith McCann -Slaughter the Committee forward this CIP Update of the Transportation Section to the Board of Supervisors for recommendation of approval. 2-Non-Hard Surface Roads Discussion (see attached with map): A brief overview on the unpaved public roadways was provided with a map. Also, discussed was the proposed schedule and proposed unscheduled list of the Secondary Improvement Plan with the currently adopted ranking system. The Committee commented on proposed changes to the adopted ranking system which included to have a meeting for citizens, mailings requesting feedback, speed on unpaved roadway, increase of traffic with Rural Subdivisions and paving funds available. The Committee recommend revisiting this item at the January meeting. 3-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: Staff is working through the final plat preparation and review process. Upon final plan clearance, bid tabulations will be finalized and advertised by December. Renaissance Drive: Staff is currently reviewing at the 3o% design plan. Northern Y: Currently, 30% design underway. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently. 4-Upcoming Agenda Items: December: meeting has been canceled. January: Renaissance Drive discussion and SmartScale next round discussion TBD: Oakdale Crossing Traffic Calming Study. Minute Book 44 Board of Supervisors Meeting of 12/12/18 137 5-0ther: Staff with Supervisor Judith McCann -Slaughter had a conversation about mis-routed trucks on Cedar Hill Road when going to the Amazon facility for deliveries. Burgess Lane a private lane has been severely impacted by trucks. Staff has had joint meetings with Amazon and VDOT. Amazon was to reach out to the shippers for the distribution facility in hopes of correcting the issue. Also, Staff has been in contact with the GPS companies to resolve the issue as well. VDOT is installing signage at Hopewell Road intersection. Supervisor McCann -Slaughter asked if signage could be installed at Cedar Hill Road as well, also for Staff to reach out to the GIS Department to investigate the issue. Minute Book 44 Board of Supervisors Meeting of 12/12/18 MR and of Supervisors Minutes of December 12, 2018 - Appendix kBSTRACT of VOTES ist in FREDERICK COUNTY, VIRGINIA the 2018 November General Election held on November 06, 2018 for, United States Senate AMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) prey A. Stewart - Republican 2064 mothy M. Kaine - Democratic o8 'F aft J. Waters - Libertarian , 63 , tal Write -In votes [From Write-ins Certifications] -�- 51 i �[ alisi �:rritEirla" 'r:'aItJ �CtIE! ifi5 ..: lui�l `r'Nri(e •a `�t:�..:if lM Number of Overvotes for Office i 41 e, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit urt of the election held on November 06, 2018, do hereby certify that the above is a true and correct Abstract of tes cast at said election for the United States Senate. under our hands this day of,/n u6,,n t — �'�' Chairman Vice Chairman Secretary Secretary, Electoral Board Minute Book44 Board of Supervisors Meeting of 12/12/18 Cmmty of Frederick. Virainin 139 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA a he 2018 November General Election held on November 06, 2018 for, Member House of Representatives District: 10 OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Tara J. Comstock -1 Republican 22064 Oer T. Wexton - Democratic 12109' I Write -In votes [From Write -Ins Certifications] 64 d Write-ins + Invalid Write—ins = Total Write In Votes] I Number of Overvotes for Office the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit t of the election held on November 06, 2018, do hereby certify that the above is a true and correct Abstract of s cast at said election for the Member House of Representatives, under our hands this day ofAZ, Chairman Vice Chairman secretary Secretary, Electoral Board Minute Book 44 Board of Supervisors Meeting of 12/12/18 140 ist in the Town of MIDDLETOWN in FREDERICK COUNTY, VIRGINIA the 2018 November General Election held on November 06, 2018 for, Member Town Council District: MIDDLETOWN �AMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVE] (IN FIGURE. 30 Jeffrey H. "Jeff' Pennington 28 . Scott Fink aryl T. Terrill 26 tal Write -In votes [From Write -Ins Certifications] 3 aiid Write -Ins + Invalid Write—ins = Total Write In Votes) i tal Number of Overvotes for Office e, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit ourt of the election held on November 06, 2018, do herby certify that the above is a true and correct Abstract of Vote: the said election and do, therefore, determine and declare that the following person(s) has received the greatest umber of votes cast for the Member Town Council. i Jefifrev if "Jeff' Pennin on 2 D. Scott Onk 3. Daryl T. Terrill under our hands this r' rt, _ day of Chairman Vice Chairman Secretary Secretary, Electoral Board Minute Book 44 Board of Supervisors Meeting of 12/12/18 141 ist in the Town of STEPHENS CITY in FREDERICK COUNTY, VIRGINIA the 2018 November General Election held on November 06, 2018 for, Mayor District: STEPHENS CITY IMES OF CANDIDATES ON THE BALLOT A. Diaz, Jr. P. "Mike" Grim TOTAL VOTES RECEIVED (IN FIGURES) 270: tal Write-in votes [From Write-ins Certifications] slid Write-ins + Invalid Write—ins = Total Write In Votes] W Number of Overvotes for Office J t, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit urt of the election held on November 06, 2018, do herby certify that the above is a true and correct Abstract of Votes he said election and do, therefore, determine and declare that the following person(s) has received the greatest nber of votes cast for the Mayor. under our hands this day of v -r ' &,,Q Chairman Vice Chairman I ALAj4 Secretary Secretary, Electoral Board Minute Book 44 Board of Supervisors Meeting of 12/12118 142 �ABSTRACT of VOTES —Cast in the Town of STEPHENS CITY in FREDERICK COUNTY, VIRGINIA at the 2018 November General Election held on November 06, 2018 for, Member Town Council District: STEPHENS CITY OF CANDIDATES ON THE BALLOT I[ Inden A. ""Butch"'- Fravel,ar. i Swygert-Smith C.Nauman tal Write-in votes [From Write-ins Certifications] flid Write-ins + Invalid Write—ins = Total Write In Votes] tal Number of Overvotes for Office TOTAL VOTES RECEj (IN FIGIJ) the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit urt of the election held on November 06, 2018, do herby certify that the above is a true and correct Abstract of Votes .he said election and do, therefore, determine and declare that the following person(s) has received the greatest ,nber of votes cast for the Member Town CounciJ, 1. Linden A. "13 " Fravel Jr. 2. Regina Swygert-Smith 3. Jason C. Nauman under our hands this day of J., j Chairman Vice Chairman Secretary Secretary, Electoral Board Minute Book 44 Board of Supervisors Meeting of 12112118 ('nuntv of Frederick Virginia 143 in FREDERICK COUNTY, VIRGINIA 2018 November General Election held on November 06, 2018 for, Proposed Constitutional Amendment Question I S lould a county, city, or town be authorized to provide a partial tax exemption for real property that is subject ti re current flooding, if flooding resiliency improvements have been made on the property? QUESTION RESPONSE TOTAL VOTES RECEIV (IN FIGURi T al YES votes 22`s T al NO votes 111 T al Number of Overvotes for Question the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit COL �e election held on November 06, 2018, do hereby certify that the above is a true and correct Abstract of Votes cast s i election for the proposed referendum. our hands this ! ; li , day of g/ rnli 2 , "'10- Chairman , 1 // 1 -V I J,.� Vice Chairman `f `�y ra,- ,- , ! Secretary Secretary, Electoral Board dg -- Minute Book 44 Board of Supervisors Meeting of 12/12/18 144 BSTRACT of REFERENDUM VOTES in FREDERICK COUNTY, VIRGINIA s 2018 November General Election held on November 06, 2018 for, Proposed Constitutional Amendment Question 2 the real property tax exemption for a primary residence that is currently provided to the surviving spouses ;erans who had a one hundred percent service -connected, permanent, and total disability be amended to the surviving spouse to move to a different primary residence and stlii claim the exemption? RESPONSE TOTAL VOTES (IN YES votes NO votes To umber of Overvotes for Question W the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Cou Of he election held on November 06, 2018, do hereby certify that the above is a true and correct Abstract of Votes cast e said election for the proposed referendum. l this f dayof r✓� ;^6;, ,Chairman Vice Chairman Secretary Secretary, Electoral Board eeting of 12/12118 ainia