January 23 2019 Regular Meeting Minutes172
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 23, 2019
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTakinace
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 Vacchic, 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;
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 Wells delivered the invocation,
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, the agenda was
adopted on a voice vote.
CITIZENS COMMENTS - NONE
ADOPTION OF CONSENT AGENDA —APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the consent
agenda was adopted on a voice vote.
- Minutes: Regular Meeting of January 9, 2019 - CONSENT AGENDA APPROVAL
Minutes: Budget Work Session of January 16, 2019 - CONSENT AGENDA APPROVAL
Finance Committee Report of January 16, 2019 - CONSENT AGENDA APPROVAL, Appendix 1
Human Resources Committee Report of January 11, 2019 - CONSENT AGENDA APPROVAL,
Appendix 2
- Parks and Recreation Commission Report of January 8, 2019 - CONSENT AGENDA
APPROVAL, Appendix 3
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County of Frederick, Virginia
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173
BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
No appointments were offered by the Board.
COMMITTEE BUSINESS:
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following; The Winchester Regional Airport
Director's request for an Airport fund supplemental appropriation in the amount of $10,000 to hold
the "Wings'N Wheels" community event and the Sheriffs request for a General Fund supplemental
appropriation in the amount of $2,425 representing court ordered restitution received. Supervisor
McCarthy seconded the motion which carried as follows on a roll call vote:
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
++++++++++++++
PUBLIC HEARINGS (Non -Planning Items) - None
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
REZONING #03.18 FOR CARPERS VALLEY INDUSTRIAL PARK — POSTPONED FOR 90
DAYS
Submitted by Pennoni Associates, Inc., to Rezone 122.18+/- Acres from the R4
(Residential Planned Community) District to the MI (Light Industrial) District with
Proffers. The Properties are Located Approximately One Mile East of 1-81 on the
South Side of Millwood Pike (Route 50), East of Prince Frederick Drive (Route 781)
and Coverstone Drive and are Identified by Property identification Numbers 64-A-86 and
64-A-87 in the Shawnee Magisterial District.
Ms. Perkins provided background information saying the application is to rezone a total of
122.18+I- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial)
District with proffers. She said the subject property is part of the original Carpers Valley/Governors
Hill Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014) and that Rezoning
#11-05 provided for 143 acres of commercial uses and 550 residential units on six parcels of land
(Land Bay 1— Residential, Land Bay 2 — Commercial). Ms. Perkins said the current Rezoning #03-
18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved proffered rezoning
and rezone them to the M1 District with a separate set of proffers. She said the approved rezoning
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Board of supervisors Meeting of 1123119
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provided for the completion of Coverstone Drive from Prince Frederick Drive to its intersection with
Millwood Pike (Route 50), while this rezoning removes the commitment for Coverstone Drive's
completion with Land Bay 2 (commercial) and places this commitment solely on Land Bay 1
(residential).
Ms. Perkins continued saying the primary changes proposed with this rezoning include
modifications to the overall transportation network approved with the Governors Hill Rezoning,
adding that the site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan
of the 2035 Comprehensive Plan and depicts the subject properties with a commercial land use
designation. She concluded saying this commercial land use designation is reflective of the
commercial component of the approved mixed -use project approved for this site and that the
requested M1 (Light Industrial) District is inconsistent with the Comprehensive Plan.
Mr. Bishop provided information on the transportation aspect of the rezoning request. He
said the approved rezoning provided for the completion of Coverstone Drive from Prince Frederick
Drive to its intersection with Millwood Pike (Route 50). He said the new rezoning removes the
commitment for Coverstone Drive's completion with Land Bay 2 (commercial) and places this
commitment solely on Land Bay 1 (residential). He continued saying the planned road network
included in the Area Plan identifies a major collector road system which provides for an east -west
linkage (Coverstone Drive) which connects to Route 50 East at Inverlee Way. He said this
connection offers an alternative to and relieves future congestion on Route 50 between Prince
Frederick Drive and 1-81. He said along with other improvements in the vicinity of the site (including
future Route 522 relocated), this important network connection will allow significant traffic flow from
the residential area and the approved development to Route 522 south and Winchester without
traveling through the Exit 313 interchange
Mr. Bishop explained the implementation of the Comprehensive Planned road network
saying the shift of the Coverstone implementation and cash proffers without evidence of
coordination with neighboring properties is problematic. He noted increased truck traffic, the need
for analysis of right of way needs for offsite improvements, the inadequacy of turn lane
improvements to Route 522, and inconsistency in the various traffic impact analyses.
Ms. Perkins summarized saying this proposed rezoning does not provide any coordination
with Land Bay 1 or the remainder of Land Bay 2 not owned by the applicant, She noted that the
original rezoning utilized the commercial tax revenue generated to offset the impacts of the 550
residential units within the development, but the Applicant has not demonstrated that the proposed
industrial square footage proposed with this rezoning will adequately offset the impacts the
residential units will place on the County. She also noted this new rezoning would result in
elimination of the design modification package as well as a coordinated and unified development
of the entire project.
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The Board and Staff discussed buffers on the subject property and the right-of-way
improvement analysis.
Alex Westra, representing the Applicant, Hines Global Investments, spoke in favor of the
request and highlighted the company's resume. He said the company will develop the project on
speculation and cited possible tax revenues from the project. He noted the numerous land parcels
and owners involved in the original rezoning saying a history of defaults has resulted the current
situation where he cannot speak or act for the adjoining land owners. He asked the Board to assess
whether the rezoning will be good for the County.
Ty Lawson, speaking on behalf of the Applicant, noted that his client is not a property
owner yet, but is a contracted buyer. He said it does appear the M1 designation is appropriate for
the property.
The Board and Mr. Lawson discussed the Applicant's willingness to plant a buffer along
U.S. Route 50 and construction of instead of bonding of a portion of Coverstone Drive.
Supervisor McCarthy noted an amended proffer must come from the landowner rather than
a contracted buyer. Mr. Lawson said his client is a contracted buyer with the sale contingent on
the rezoning. County Attorney Williams said that the nine separate property owners will need to
sign off on the rezoning and proffer amendment request prior to the Board considering the matter.
Chairman DeHaven opened the public hearing.
Benjamin Leigh, representing Governor's Hill LLC, spoke asking the Board to deny the
rezoning request. He said his client is open to revisiting the overall development plan with other
landowners in a comprehensive manner noting that the original proffer specified the properties be
"one single unified development." He cautioned against piecemeal rezoning.
Chairman DeHaven closed the public hearing.
Supervisor Trout moved that consideration of the request be postponed for 90 days.
Supervisor Wells seconded the motion. Vice Chairman Lofton said he was not in favor of
postponing the matter. The motion carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton No Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann -Slaughter Aye
OTHER PLANNING BUSINESS
Minute Book 44
Board of Supervisors Meeting of 1123/19,
County of Frederick, Virginia
REQUEST BY WESLEY HOUSING — RESOLUTION FOR A LOCAL HOUSING REVITALIZATION
AREA PIN#: 54-A-12$ — DELAYED UNTIL NEXT REGULAR MEETING
Mr. Ruddy said Mr. John Foote, on behalf of Wesley Housing and St. Paul's on the Hill,
has provided an updated proposed resolution for the Board's consideration regarding the request
for support for the Low Income Housing Tax Credits for the project. He said Mr. Foote is providing
additional information on the Lwow Income Housing Tax Credits and the St. Paul's on the Hill project
based on questions and comments from the Board of Supervisors, in particular the reference to
designating the property as being in a dilapidated state.
Supervisor Dunn moved that the matter be postponed until the next regular meeting as
requested by officials at St. Paul's on the Hill. He noted concerns in the law regarding the project
proceeding with tax credits and thinks the General Assembly should review the procedures for
obtaining tax credits. Vice Chairman Lofton seconded the motion. Supervisor McCarthy noted that
the General Assembly will not be meeting to consider changes before the next Board meeting and
therefore a delay will not change the issues. Vice Chairman Lofton said he voted against the
project, and he cannot support a resolution designating an area in need of revitalization when it is
not true. The motion to delay consideration of the request by Wesley Housing 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
BOARD LIAISON REPORTS - None
CITIZEN COMMENTS — None
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted the ribbon cutting event earlier in the day at the newly refurbished
Frederick Heights Park. He thanked Parks and Recreation Staff, the citizens, the Board members,
and the Chamber of Commerce for participation in the Park's renewal.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was
adjourned at 8:18 p.m.
c
Charles S. DeHaven, Jr,
Chairman, Board of Supervisors
ris . Tier
Clerk, oard ervisor
Minutes Prepared By: O:t,�Y.� -
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 44
Board of supervisors Meeting of 1123/19
County of Frederick, Virginia
Minutes of the January 23 2019 Board of Supervisors Meeting — Appendix 1
FINANCE COMMITTEE REPORTto the BOARD OF SUPERVISORS
Wednesday, January 16, 2019
3:45 p.m.
107 NORTH KENTSTREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on
Wednesday, January 16, 2019 at 3:45 p.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 Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris
Tierney, County Administrator; Jay Tibbs, Assistant County Administrator; Rod Williams, County
Attorney; Lenny Millholland, Sheriff; Jennifer Place, Budget Analyst; Karen Vacchio, PIO; and
Nick Sabo, WRA Director.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
A Items 1 and 2 were approved under consent agenda.
1. () The WRA Director requests an Airport fund supplemental appropriation in the amount of
$10,000 to hold the "Wings'N Wheels" community event. No local funds required. See
attached memo, p. 2.
2. O The Sheriff requests a General Fund supplemental appropriation in the amount of $2,425.
This amount represents court ordered restitution received. No local funds required. See
attached memo, p. 3.
NO ACTION REQUIRED:
1. The Commissioner of the Revenue provided information on tax relief. See attached
information, p.4.
INFORMATION ONLY
1. The Finance Director provides a Fund 10 Transfer Report for December 2018. See attached,
P. 5.
2. The Finance Director provides financial statements ending December 31, 2018. See attached,
p. 6 —16,
3. The Finance Director provides an FY 2019 Fund Balance Report ending January 11, 2019. See
attached, p. 17.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann -Slaughter, Chairman
Charles DeHaven
Gary Lofton
Jeffrey Boppe
Angela Rudolph
Minute Book 44
Board of Supervisors Meeting of 1123119
County of Frederick, Virginia
Cheryl B. Shiffler, Finance Director
14
Minutes of the January 23, 2019 Board of Supervisors Meeting -Appendix 2
HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS
Friday, January 11, 2019
9:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room
at 107 North Kent Street on Friday, January 11, 2019 at 9:00 a.m.
ATTENDEES:
Committee Members Present: Blaine Dunn, Chairman; Don Butler.
Non -voting liaisons: None
Committee Members Absent: Doug McCarthy; Dorrie Green; Robert (Bob)
Wells; and Beth Lewin
Staff present: Michael Marciano, Human Resources Director; DeLois Blevins,
Human Resources Manager; Rod Williams, County Attorney; Cheryl Shiffler,
Finance Director, Sharon Kibler, Assistant Finance Director; Jay Tibbs, Assistant
County Administrator; William Orndoff, Treasurer.
Others present: Josh Janney.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
A quorum was not attained and therefore no actions could be taken; discussions were
for informational purposes only.
1. The Finance Department is requesting a new position in the FY 2019/2020
budget; Purchasing Manager; at a grade 10.
2. The Fire and Rescue Department is requesting a new position in the FY
2019/2020 budget; Assistant Chief; at a grade 12.
3. Discussion on the need to revamp the County's Employee of the Month
program.
ITEMS FOR INFORMATION ONLY
None
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Blaine Dunn, Chairman
Don Butler
By Michael Marciano, Human Resources Director
Minute Book 44
Board of Supervisors Meeting of V23/19
County of Frederick, Virginia
179
Minutes of the January 23 2019 Board of Supervisors Meeting —Appendix 3
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday January 23, 2019
7:00 P.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: January 10, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on January 8, 2019. Members present were:
Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Charles Sandy, Jr., Ronald
Madagan, and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent
were: Randy Carter, Amy Strosnider, Guss Morrison.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Commission elected Mr. Charles R. Sandy, Jr. as the 2019 Chairman and Mr. Gary
Longerbeam as the Vice -Chairman.
2. The Commission recommended updating the attached Youth Sports Partner Policy
(500.02)
a. This policy will return to Commission for further review, prior to Board submittal.
3. The Commission recommends purchasing the materials needed to create a pickleball
court at Frederick Heights Park.
Cc: Randy Carter, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
Minute Book 44
Board of Supervisors Meeting of 1/23/19
County of Frederick,' Virginia
Parks and Recreation
Fax: 540/t
FREDERICK COUNTY COMMISSION FOR PARKS AND RECREAfi01: fcprd
January 8, 2019 W µ tv.
Greenwood Mill Community Center
Members Present: Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Charles Sandy,
Jr., Ronald Madagan, and Robert Wells (Board of Supervisors' Non -Voting
Liaison)
Members Absent: Randy Carter, Amy Sirosnider, Guss Morrison
Staff: Jason Robertson, Jon Turkel, Stacy Herbaugh
Call to Order
The meeting was called to order at 7:00 p.m. by Mr. Charles Sandy.
Approval of December 11, 2018 Meeting Minutes
Mrs. Gerometta moved to approve the minutes as submitted, second by Mr. Longerbeam carried
unanimously (5-0).
Adoption of Agenda
Mr. Fordney moved to approve the agenda, second by Mr. Madagan carried unanimously (5-0).
Unfinished Business
Mr. Madagan complimented the Winchester Star reporter for the nice article regarding Frederick
Heights Park that was published on Janu 5, 2019.
New Business
Election of Officers. Mr. Robertson (as Secretary of the Commission) opened the floor for
nominations for the Chairman and Vice -Chairman of the Commission.
Mr. Longerbeam nominated Mr. Sandy for the position of Chairman, seconded by Mr. Madagan
carried unanimously (5-0),
Mr. Madagan nominated Mr. Longerbeam for Vice -Chairman, seconded by Mrs. Gerometta, carried
unanimously (5-0).
107 North Kent Street . Winchester, Virginia 22601
Minute Book 44
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181
Parks & Recreation Commission Meeting
Page 2
January 8, 2019
Monthly Reports
Staff Report -Mr. Turkel reported as follows:
Frederick Heights Park ribbon cutting will be January 23, 2019 at 11:30 a.m., all are invited. The
park officially opened on December 28, 2018. Mr. Fordney's bench has been installed as well as
the dog waste station.
The land disturbance permits are in for Northwest Sherando Park, the asphalt work should begin
over the next two weeks.
The Clearbrook Park parking lot is still awaiting site plan comments, hope to bid the project out in
late January.
Mr, Madagan asked about the Frederick Water ballfields, a site plan has not been submitted yet.
The Sherando Field #8 pressbox and dugouts are in.
Mr. Robertson reip d as follows:
Interviews are being conducted this week for the positions of a Recreation Technician and a Park
Caretaker.
The basic REC staff will be attending a Ukeru training conducted by Grafton School,
The Father/Daughter Dance will be held on February 16' at the Moose Lodge.
We will be hosting a Trail Run/Walk at Sherando Park on April 6d'.
The donation to the WATTS Organization in the amount of $7,269.29 will be presented at the Parks
and Recreation Office on January 14, 2019 at 1:30 p.m.
Drafts are out to the YSP's for 2019 Field Allocations. Those will be reviewed by the YSP
Committee on February 6a' at 4 p.m.
The Frederick County Finance Committee approved the School Grounds Maintenance Equipment
Fund. It will go before the Board of Supervisors on January 9, 2019.
Winter Wonderland concluded on December 3e with over 22,000 in attendance with a revenue of
$137,970.
Standing Committee Re,,poris:
Minute Book 44
Board of Supervisors Meeting of 1/23/19
County of Frederick, Virginia
Parks & Recreation Commission Meeting
Page 3
January 8, 2019
Youth SRorts Partners Committee -January 2 2019:
1. Mrs. Gerometta made a motion to adopt the Youth Sports Partners Policy (500.02) as
written, seconded by Mr. Madagan, carried unanimously (5-0).
2. Ms. Herbaugh updated the Commission on the procedure for Non-YSP promotion of
activities that would benefit the community via the Department's media outlets.
3. Ms. Herbaugh reviewed the MOU with the Youth Development Center and provided the
Commission with an update on some oversight measures for 2019.
B @din and Grounds Committee-Janua 4. 2019:
1. Purchasing directional signs for Frederick Heights Park will be tabled until spring to allow
time to gather information to determine need.
2. Installing a fence m shrubs beside the bollard at Frederick Heights Park to prevent a vehicle
from driving on the trail was tabled until spring.
3. Mr. Madagan made a motion to purchase the supplies to create a pickleball court on the
asphalt slab at Frederick Heights Park, seconded by Mr. Longerbeam, carried unanimously
(5-0).
information Items
The Commission will be receiving a policy recommendation next month to edit the by-laws
regarding attending the meetings electronically.
Adiournment
Mr. Sandy adjourned the meeting at 8:02 p.m.
Respectfully submitted,
Randy Carter, Chairman
Jason L. Robertson, Director
Minute Book 44
Board of Supervisors Meeting of 1123119
County of Frederick, Virginia