April 10 2019 Closed Session and Regular Meeting MinutesMINUTES
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, APRIL 10, 2019
6:00 P.M. AND 7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robert W.
Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Cheryl Shiffler, Director of Finance; Jennifer
Place, Budget Analyst; Karen Vacchio, Public Information Officer; Mike Marciano, Human
Resources Director; Dennis Linaburg, Fire and Rescue Chief, Lenny Millholland, Sheriff; and Ann
W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:00 p.m.
CLOSED SESSION
Vice Chairman Lofton moved that the Board convene in closed session pursuant to Section
2.2-3711 A (3) for discussion or consideration of the disposition of real property, where discussion
in an open meeting would adversely affect the bargaining position or negotiating strategy of the
public body. Supervisor Dunn seconded the motion which carried on a voice vote.
At 6:15 p.m., the Board members being assembled within the designated meeting place in
the presence of members of the public and the media desiring to attend, the meeting was
reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Trout, Vice Chairman
Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each
member's knowledge, (i) only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting to which this certification
applies, and (ii) only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed, or considered by the Board. Supervisor Trout 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
Vice Chairman Lofton moved that the Board authorize the County Administrator to execute
on behalf of the County a contract for the sale of the Old Frederick County Middle School property,
441 Linden Drive, in the City of Winchester, Tax Map ID #130-01-1, to HD Partners, LLC, consistent
with the discussion of the Board in its closed session just concluded. Supervisor McCarthy
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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
At 6:17 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m.
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 AMENDED AGENDA - APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the agenda was
adopted on a voice vote as amended by the removal of the item entitled Northern Y Revenue
Sharing.
CITIZENS COMMENTS
The speakers were as follows:
Michael Holly, representing the Clorox Company, discussed his company's proposed cat
litter manufacturing facility. He noted an upcoming community meeting that will allow residents to
ask questions.
Rick Brown, Back Creek District, referenced a proposed low-cost housing project saying
such developments result in higher demand on 911 services and additional children in the schools.
He urged the Board not to rezone industrial land for residential purposes.
Charlie Gardner, Stonewall District, said he opposes anything to do with the Clorox
company. He noted concerns about traffic, truck noise at night, dust and light concerns at the
current Carmeuse quarry and said new development at the site will ruin the community,
Chris Jenkins, Stonewall District, discussed safety concerns for the Clear Brook fire and
rescue personnel. He noted the Board's earlier discussion about realigning Brucetown Road, 1-81
improvements, and relocation of the fire house. He said the traffic congestion and intersection
problems should be addressed and said the Board could require Clorox to contribute to a new
building for the fire hall,
Brenda Fristoe, Stonewall District, said the Cloroxfacifty is not the answerto transportation
problems. She referenced the 2035 Comprehensive Plan and asked the Board to follow that plan
and vote no on a proposed cat litter facility.
Richard Kennedy, Shawnee District resident and representative of the Top of Virginia
Chamber of Commerce, said the local Chamber encourages the Board of Supervisors to set a
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public hearing on a comprehensive plan amendment to explore the economic development
opportunity presented by the Clorox proposal, He read a letter on behalf of the Virginia State
Chamber of Commerce expressing support for the Clorox Company's expansion into Frederick
County.
Arthur Bragg, Stonewall District, said the Clorox community meeting is happening too late
in the process. He noted his petition submitted earlier and said Clorox needs to look elsewhere.
He noted noise and light concerns and invited the Board to visit and see the condition of Brucetown
Road.
Lora Jarrell, Opequon District, said there is a misconception that retirees are the only ones
on a fixed income. She said sacrifice is necessary for funding the public schools and asked the
Board to listen to all constituents and not only those with the same viewpoint as their own.
Mark Georgiana, Stonewall District, noted the traffic concerns on Brucetown Road. He
said he was a former Carmeuse employee and noted an earlier proposal to change the quarry
entrance to Route 11 instead of Brucetown Road which could alleviate some traffic concerns.
Kenneth Burcham, Stonewall District, noted his concern about the Clorox proposal. He
asked where the funding for the roads would come from. He noted concerns about waste products
and water issues.
Greg McFarland, Stonewall District, said the citizens do not want the Clorox facility. He
noted concerns about traffic and the current waste pile at Carmeuse and said other problems will
arise if the cat litter facility is allowed to be built.
Lynelle McFarland, Stonewall District, said it was highly suspicious that a front-page article
on the Clorox proposal appeared in the Winchester Star this week. She said the residents chose
to live in a rural area rather than an industrial area. She questioned how gas lines on the subject
property were funded. She said decisions a long time ago allowed Carmeuse to damage the
community and asked the Board to remember that all decisions will impact the residents.
Amanda Feaster, Shawnee District, spoke in favor of keeping the real estate tax rate at
$0.61 per $100 of assessed value. She referenced school support staff needing salary increases
and the need for School Resource Officers for each school building and said a tax increase should
be discussed to address funding shortages.
The Rev. Heidi David Young, Gainesboro District, quoted Martin Luther. She noted the
requested public safety positions that are not funded in the current budget, and said she is
concerned and frustrated that public safety and schools are not fully funded. She said the current
path is self-defeating and asked the Board to change course.
Mary Meredith, Stonewall District, asked the Board to vote against changing a rural piece
of land to an industrial use, She said the proposed project is not what Brucetown needs citing road
safety and traffic concerns.
Jennifer Hall, Shawnee District, spoke in favor of the Blackburn workforce housing project.
She said she is Director of Community Engagement at the United Way leading the Valley
Assistance Network and is also a member of the steering committee for the Northern Shenandoah
Valley Housing Coalition. She noted current entry level salaries and said the current affordable
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housing crisis makes the proposed project necessary for the County.
Joseph Jablonski, Red Bud District, said he is the Volunteer Coordinator for the Valley
Assistance Network. He spoke in favor of the Blackburn workforce housing project.
Evan Wyatt of Greenway Engineering spoke in favor of the comprehensive plan
amendment that would allow the Blackburn workforce housing project to progress. He asked that
the request be forwarded to public hearing.
Shawn Graber, Back Creek District, asked the Board not to move forward with the current
budget proposal, He asked the Board to trim the budget so that the real estate tax rate would not
have to go up, saying that spending has gone up. He said he prefers that the Board slow down
and pay for projects as they are done.
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ADOPTION OF CONSENT AGENDA —APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the consent
agenda was adopted on a voice vote.
- Minutes: Regular Meeting of March 27 2019 - CONSENT AGENDAAPPROVAL
- Code & Ordinance Committee Report of 3128119 - CONSENT AGENDA APPROVAL Appendix 1
- Public Works Committee Report of 3126/19 - CONSENT AGENDA APPROVAL, Appendix 2
- Transportation Committee Report of 3/25119 - CONSENT AGENDA APPROVAL Appendix 3
Summer & Holiday Meeting Schedule cancelling the second meeting during the months
of June July August November and December— CONSENT AGENDA APPROVAL
BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS - None
COMMITTEE BUSINESS:
CODE AND ORDINANCE COMMITTEE
AMENDMENT FREDERICK COUNTY CODE CHAPTER 90 FIRE PREVENTION AND
PROTECTION►, ARTICLE] (GENERAL PROVISIONSI, TO CONFORM WITH MOST RECENT
PRACTICES AND CHANGES TO THE VIRGINIA FIRE PREVENTION CODE - FORWARDED
TO PUBLIC HEARING
Supervisor Trout said the proposed revisions update the County's adoption of the
Virginia Statewide Fire Prevention Code (VSFPC) to add, delete, and update definitions as
appropriate, update requirements relating to fire hydrants, and make provision for fire personnel -
accessible key boxes for certain structures. She moved that the proposed ordinance amendment
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be set for public hearing with a recommendation of approval from the Committee. Supervisor
McCarthy seconded the motion which carried on a voice vote.
AMENDMENT TO FREDERICK COUNTY CODE CHAPTER 158_(VEHI_CLES AND TRAFFIC),
ARTICLE li (STOPPING STANDING AND PARKING), SECTION 158-4 (GENERAL
RESTRICTIONS)TO ADD PROVISION REGARDING VIOLATION OF PARKING
RESTRICTIONS ON COUNTY-OWNED/OPERATED PROPERTY — FORWARDED TO PUBLIC
HEARING
Supervisor Trout said the proposed amendment would restrict parking on County -owned
or County -controlled property to parking that is consistent with any posted signs on the property,
and the new subsection would further impose a fine for a violation of such parking restrictions. She
moved that the proposed ordinance amendment be set for public hearing with a recommendation
of approval from the Committee. Supervisor Dunn seconded the motion which carried on a voice
vote.
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PUBLIC HEARING
PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION,
ARTICLE XIV TRANSIENT OCCUPANCY TAX, SECTION 155.51 TAX IMPOSED - ADOPTED
Mr. Tibbs explained the request from the Tourism Board for the increase in the Transient
Occupancy Tax. He said the proposed amendment would increase the Transient Occupancy Tax rate
from its current rate of 2.5% to 3.5% with the Proposed Amendment would taking effect on July 1, 2019.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for adoption of the ordinance amending Chapter 155
Taxation, Article XIV Transient Occupancy Tax, from 2.5% to 3.5%. Supervisor Trout seconded
the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
ORDINANCE
The Board of Supervisors of Frederick County, Virginia hereby ordains that, effective July 1, 2019,
Section 155-51 (Tax imposed) of Article XIV (Transient Occupancy Tax) of Chapter 155 (Taxation) of
the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended
Section 155-151 (Tax imposed) of Article XIV (Transient Occupancy Tax) of Cbapter 155 (Taxation) of
the Code of Frederick County, Virginia, as follows (deletion is shown in strikethreugh and addition is
shown in bold underline):
CHAPTER 155 TAXATION
Article XIV Transient Occupancy Tax
§ 155-51 Tax imposed
In addition to all other taxes of every kind now or hereafter imposed by law, there is hereby imposed and
levied on each and every transient a tax equivalent to a5% 3.5% of the total amount paid for room rental
by or for any such transient to any motel.
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ADOPTION OF FISCAL YEAR 2019.2020 BUDGET AND APPROPRIATIONS AND SETTING
OF 2019 TAX RATES —APPROVED
Supervisor Slaughter moved that that the Board adopt Budget and Tax Rate Resolution
Option A. Supervisor Wells seconded the motion,
Supervisor Slaughter noted the proposed budget will fund a School Resource Officer in
each school,
Supervisor Trout said more funds are needed and she is disappointed that the Board was
not supportive of a tax increase. She said she would support the proposed tax rate and budget as
a step in the right direction.
Vice Chairman Lofton said he could not support the proposed budget resolution because
of the airplane tax rate and the lack of the requirement of categorical funding for the schools,
Supervisor Dunn discussed teacher salaries in Frederick County compared to surrounding
jurisdictions, his support of additional school buses, and the fire and rescue needs. He said he
supports exploring impact fees as an alternative to raising real estate taxes.
Supervisor McCarthy said he supports the budget dollar amounts but does not support the
resolution options as presented. He said he would prefer a hybrid of the two options which would
incorporate a line item for categorically funding school maintenance only.
Supervisor Wells referenced Supervisor Trout's previously noted concern about citizen
input coming earlier in the budget process. He said services cost money and the County cannot
continue to refuse to address critical needs, adding that nearby jurisdictions have higher taxes and
the residents are continuing to live there. He said the County cannot remain in the past.
Budget and Tax Rate Resolution Option A was adopted on a roll call vote as follows;
Blaine P. Dunn No Shannon G. Trout Aye
Gary A. Lofton No Robert W. Wells Aye
J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
FY 2019-2020 BUDGET RESOLUTION
WHEREAS a notice of public hearing and budget synopsis has been published and a public
hearing held on March 27, 2019, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code
of Virginia, 1950 as amended.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick,
Virginia, that the budget for the 2019-2020 Fiscal Year as advertised in The Winchester Star on March 19,
2019, be hereby approved in the amount of $463,535,656.
BE IT FURTHER RESOLVED that the County of Frederick budget for the 2019-2020 fiscal year
be adopted and the funds appropriated as follows:
General Operating Fund
$197,546,413
Regional Jail Fund
23,238,848
Landfill Fund
10,467,653
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Division of Court Services Fund
576,649
Shawneeland Sanitary District Fund
1,295,215
Airport Operating Fund
1,756,556
Lake Holiday Sanitary District Fund
779,998
EMS Revenue Recovery Fund
1,803,958
Economic Development Authority Fund
631,802
School Operating Fund
175,981,549
School Debt Service Fund
16,726,869
School Capital Projects Fund
5,300,000
School Nutrition Services Fund
7,378,557
School Textbook Fund
3,126,049
NREP Operating Fund
5,985,540
NREP Textbook Fund
40,000
Consolidated Services/Maintenance Fund
3,600,000
School Private Purpose Funds
300,000
County Capital Fund
7,000,000
BE IT FURTHER RESOLVED that the Board of Supervisors ofthe County ofFrederick, Virginia,
does herein adopt the tax rates for the 2019 assessment year as follows:
Property Taxes — Rates per $100 of assessed value
$0.61 Applied to real estate, including mobile homes
$4.86 Applied to personal property including business
equipment
$2.25 Applied to personal property on one vehicle to
volunteer firefighters that are approved and
registered with the Frederick County Fire and
Rescue Department
$0.01 Applied to aircraft
Zero tax Applied to antique vehicles and mopeds
$2.00 On declining values to be applied to machinery and
tools. The declining values are 60% for year one,
50% for year two, 40% for year three, and 30% for
year four and all subsequent years.
$2.00 On apportioned percentage of book values to be
applied to Contract Classified Vehicles and
equipment
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Business and Professional Occupational License Rates
Contractors $0.16 per $100 of gross receipts
Retail $0.20 per $100 of gross receipts
Financial, Real Estate, and Professional $0.58 per $100 of gross receipts
Services
Repair, personal and business services and $0,36 per $100 of gross receipts
all other businesses and occupations not
specifically listed or exempted in the
County Code
Wholesale $0.05 per $100 of purchases
The tax rates for other businesses and occupations specifically listed in the County Code are also
unchanged.
Other General Taxes
Meals tax 4% of gross receipts
Transient Occupancy tax 3.5% of gross receipts
Vehicle License Taxes $25 per vehicle and $10 per motorcycle
Sanitary Landfill Fees
$50
Per ton for commercial/industrial
$45
Per ton for construction demolition debris
$20
Per ton for municipal waste
$38
Per ton for municipal sludge
$15
Per ton for Miscellaneous Rubble Debris
Shawneeland Sanitary District Taxes
$190 Unimproved Lots
$660 Improved Lots
Lake Holiday Sanitary District Taxes
$678 Buildable Lots
$264 UnbuiIdable Lots
Lots owned by Lake Holiday Country Club, Inc.
$0 Buildable Lots and Unbuildable Lots
Star Fort Subdivision Taxes/Fees
$60 Per Lot
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Street Light Fees
Oakdale Crossing and Fredericktowne $40 annually
Green Acres $25 annually
BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores
fund, special welfare fund, comprehensive services fund, county health insurance fund, school health
insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance
insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment
compensation fund, Forfeited Assets Program, Four -For -Life Funds, Fire Programs, and Economic
Incentive funds equal to the total cash balance on hand at July 1, 2019, plus the total amount of receipts for
the fiscal year 2019-2020. The County Capital Fund and Fire Company Capital appropriation will include
the current year appropriation plus any unused funds at the end of the fiscal year 2019. The County Capital
appropriation shall include funds transferred to other capital funds for classification purposes.
BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2019,
are re -appropriated to the 2019-2020 fiscal year to the same department and account for which they are
encumbered in the 2018-2019 fiscal year.
BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a
carryforward in the amount that equals the approved original project cost, less expenditures and
encumbrances through June 30, 2019.
PLANNING COMMISSION BUSINESS
CPPA #02.18 BRUCETOWN ROAD AREA AMENDMENT — FORWARDED TO PUBLIC HEARING
Ms. Perkins introduced the draft amendment to the Northeast Land Use Plan of the 2035
Comprehensive Plan. She said this amendment proposes to add 109 acres into the Sewer and Water
Service Area (SWSA) and remove 109 acres from the SWSA, and also seeks to designate the 109
acres for industrial land uses. She discussed other text changes in the proposed amendment, and
said staff is seeking direction from the Board of Supervisors as to whether this item is ready to be
sent to public hearing, noting that staff and the Planning Commission are also seeking direction
from the Board of Supervisors on the use of "should vs shall' in the amendment.
Supervisor Slaughter moved that CPPA #02-18 not be forwarded for public hearing, and
further moved that any additional consideration of CPPA #C2-18 be ended at the present time.
Supervisor Wells seconded the motion.
Supervisor McCarthy agreed that many concerns have been voiced. He said he promised
his constituents that he would hear all sides before making decisions and said he wished the matter
to go to public hearing before the issue is decided.
Supervisor Wells discussed growth and the need for infrastructure. He said he does not
like the idea of changing the comprehensive plan and rezoning land unnecessarily.
Vice Chairman Lofton said he believes in sending issues to public hearing. He said it is
imperative to send this issue to public hearing, adding he wants more discussion.
Supervisor Dunn noted that a yes vote tonight only means the matter will go to public
hearing for further discussion. He noted concerns about Brucetown Road.
Supervisor Trout said the matter should go to public hearing, adding that she does not
have enough information to decide on the project tonight.
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Supervisor Slaughter discussed the numerous public meetings held prior to the adoption
of the 2035 Comprehensive Plan, and the reference to maintaining rural communities including
Brucetown.
Vice Chairman Lofton said the Plan is a guiding document and is routinely updated and
changed.
Supervisor Slaughter's motion to not send CPPA # 02-18 to public hearing failed on a roll
call vote as follows:
Blaine P. Dunn No
Gary A, Lofton No
J. Douglas McCarthy No
Judith McCann -Slaughter Aye
Shannon G. Trout No
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
Vice Chairman Lofton moved that CPPA # 02-18 be forwarded to public hearing.
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 No
Shannon G. Trout Aye
Robert W. Wells No
Charles S. DeHaven, Jr. No
RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO
ADOPT AN AMENDMENT TO THE
2035 COMPREHENSIVE PLAN
APPENDIX I — AREA PLANS
NORTHEAST LAND USE PLAN
WHEREAS, the 2035 Comprehensive Plan, was adopted by the Board of Supervisors on January 25, 2017
and this proposed amendment to the Northeast Land Use Plan of Appendix i would result in a land use
designation change for (PIN) 34-A-24D from rural areas land use to industrial land use and expand the
Sewer and Water Service Area (SWSA) to include 109 acres of parcel in the SWSA and remove 109 acres
from the existing SWSA, and
WHEREAS, the Frederick County Planning Commission discussed this amendment on March 6, 2019 and
sent the amendment to the Board of Supervisors for discussion; and
WHEREAS, the Frederick County Board of Supervisors discussed this proposed amendment on April 10,
2019; and
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the
Frederick County Planning Commission shall hold a public hearing to consider an amendment to the
Northeast Land Use Plan to amend the land use designation for PIN 34-A-24D from Rural Areas land use
to Industrial land use and expand the Sewer and Water Service Area (SWSA) to include 109 acres ofparcel
in the SWSA and remove 109 acres from the existing SWSA and forward a recommendation to the Board
of Supervisors,
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CPPA #01.19 BLACKBURN PROPERTY WORKFORCE HOUSING -FORWARDED TO PUBLIC
HEARING
Ms. Perkins said this draft amendment to the Kemstown Area Plan of the 2035 Comprehensive
Plan proposes to add 71.849-acres to the Urban Development Area (UDA). She said the amendment
also seeks to designate the 71-acres for workforce housing. She added the Kernstown Area Plan
currently designates the property for industrial land use and the Applicant is requesting the UDA
expansion and land use designation change to allow for the development of workforce housing that
would provide affordable housing opportunities for residents of the community. Ms. Perkins said the
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Planning Commission agreed with the concerns expressed by the CPPC and did not support the loss
of planned industrial land for the construction of residential units, and therefore has sent this item
forward to the Board of Supervisors with a recommendation for denial. She said staff is seeking
direction from the Board of Supervisors as to whether this item is ready to be sent forward for public
hearing.
Vice Chairman Lofton moved to send CPPA # 01-19 forward to public hearing, Supervisor
Trout seconded the motion.
Supervisor McCarthy said there needs to be an overriding reason to change the
Comprehensive Plan and a public hearing will allow the Board to learn more before deciding on the
matter.
Supervisor Dunn noted the property has been for sale for several years and is partly wetlands.
Vice Chairman Lofton agreed saying the mitigation of the wetland condition is expensive and
housing is the highest and best use of the land.
Supervisor Wells said he does not like changing the Comprehensive Plan, He said adding
residential development will have a financial impact on fire and rescue services and schools.
Supervisor Slaughter agreed with Supervisor Wells' concern about adding homes. She said
out of respect for the Supervisor in whose district the project is located, she would be in favor of the
matter going to public hearing.
Supervisor Trout said she is supportive of the workforce housing project and is in favor of
sending matter to public hearing.
CPPA # 01-19 was forwarded to public hearing 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
RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO
ADOPT AN AMENDMENT TO THE
2035 COMPREHENSIVE PLAN
APPENDIX I — AREA PLANS
KERNSTOWN AREA PLAN
WHEREAS, the 2035 Comprehensive Plan, was adopted by the Board of Supervisors on January 25, 2017
and this proposed amendment to the Kemstown Area Plan of Appendix I would result in a land use
designation change for (PIN) 63-A-80I from industrial land use to workforce housing and expand the Urban
Development Area (UDA) to include 71.849-acres to the UDA; and
WHEREAS, the Frederick County Planning Commission discussed this amendment on March 6, 2019 and
sent the amendment to the Board of Supervisors with a recornmendation for denial; and
WHEREAS, the Frederick County Board of Supervisors discussed this proposed amendment on April 10,
2019; and
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the
Frederick County Planning Commission shall hold a public hearing to consider an amendment to the
Kemstown Area Plan to amend the land use designation for PIN 63-A-801 from industrial land use to
Workforce Housing and expand the Urban Development Area (UDA) to include 71.849 acres and forward
a recommendation to the Board of Supervisors.
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BOARD LIAISON REPORTS
Vice Chairman Lofton reported the Extension Leadership Council was currently
recognizing Volunteer Week. He announced that 4-H camp will be held July 7-11 at the Northern
Virginia 4-H Center.
Supervisor Wells thanked the Public Works Department staff, especially those at the
landfill, for a successful Solid Waste Forum event held recently.
Chairman DeHaven said he had received very positive feedback about the event,
CITIZEN COMMENTS
George Sempeles, Red Bud District, noted that in 2001 the County denied a technology
center development and subsequently 800 homes were built instead, He said industry pays the bills
and he would like to see the Clorox project go through.
Joy Kirk, Back Creek District, said she is tired of the schools having to ask only for critical
needs. She discussed tax increases and asked when the County will move forward and fund the
future.
Brian Nuri, Opequon District, thanked the Board for adopting the budget. He said he is
concerned about infrastructure and discussed traffic and road concerns that he wants the Board to
address. He said he does not see fat in the budget, but he wants the County to start catching up on
the needs.
BOARD OF SUPERVISORS COMMENTS
Supervisor Trout noted the recently held Trail Race for Autism at Sherando Park.
Supervisor Dunn said the current Board members were not in office 15 to 20 years ago
when much of the current growth was approved, He said the Board continues to look for ways to
solve problems.
Supervisor McCarthy gave a reminder of the upcoming Apple Blossom Festival.
NOISE ORDINANCE REFERRED TO CODE AND ORDINANCE COMMITTEE
Supervisor Slaughter noted a recurring problem with noise in her District saying she would
like the County Code to be amended to align with the most recent Virginia Supreme Court decision
enabling law enforcement to better address residents' concerns. She moved that the Board refer
the matter to the Code and Ordinance Committee to revisit proposed revisions to County Code
Chapter 118 regarding enforceability. Supervisor Dunn seconded the motion which carried on a
voice vote.
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ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the meeting was
adjourned at 9:00 p.m.
Charles S. D�Jr.
Chairman, Board of Supervisors
Kris . ie ey
Clerk, Board ervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Minutes of April 10, 2019 -Appendix 1
CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday, March 28, 2019
4:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas
McCarthy; Derek Aston, Stephen Butler, and James Drown
Staff present: Roderick B. Williams, County Attorney„ Jay E. Tibbs, Deputy County
Administrator; Lt. Mark Showers, Frederick County Fire & Rescue; and Fire Chief Dennis
Limburg.
ITEMS FOR BOARD OF SUPERVISORS ACTION:
1. Amendment Frederick County Code, Chapter 90 (Fire Prevention and
Protection), Article I (General Provisions), to conform with most recent
practices and changes to the Virginia Fire Prevention Code.
The proposed revisions update the County's adoption of the Virginia Statewide Fire Prevention
Code (VSFPC) to add, delete, and update definitions as appropriate, update requirements relating
to fire hydrants, and make provision for fire personnel -accessible key boxes for certain structures.
This item was originally discussed at the February 21, 2019 Code and Ordinance Committee
meeting and the Committee forwarded it to the Public Safety Committee with a recommendation
of approval.
Upon a motion by Mr. McCarthy, seconded by Mr. Dunn the Code and Ordinance Committee
forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with
a recommendation of approval. The motion was unanimously approved.
2. Amendment to Frederick County Code, Chapter 158 (Vehicles and Traffic),
Article II (Stopping, Standing, and Parking), Section 158-4 (General
restrictions), to add provision regarding violation of parking restrictions on
County-owned/operated property.
This proposed amendment would restrict parking on County -owned or County -controlled property
to parking that is consistent with any posted signs on the property. The new subsection would
further impose a fine for a violation of such parking restrictions.
This item was originally discussed at the February 21, 2019 Code and Ordinance Committee
meeting and the Committee forwarded it to the Public Safety Committee with a recommendation
of approval.
Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee
forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with
a recommendation of approval. The motion was approved by a 5-1 vote with Mr. Aston voting no.
ITEMS FOR BOARD OF SUPERVISORS INFORMATION:
Mr. Dunn advised that he would like the Committee to consider ordinances pertaining to
tractor trailer parking on county streets and he would like to bring back revisions to the
noise ordinance.
There being no further business, the meeting was adjourned at 4:16 p.m.
Respectfully submitted,
Deputy County Administrator
cc: Code & Ordinance Committee
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Board of Supervisors Meeting of 4/10119
County of Frederick, Virginia
Board of Supervisors Minutes of April 10, 2019 Appendix 2
PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS
Tuesday, March 26, 2019
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; Robert W. Wells; and Harvey E. "Ed" Strawsnyder, Jr.
Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager;
Kevin Alderman, Shawneeland District Manager; Rod Williams, County Attorney; Kris Tierney,
County Administrator; Mark Fleet, Building Official; Gloria Puffinburger, Solid Waste Manager;
Wayne Corbett, Deputy Treasurer; Dennis Lineburg, Fire and Rescue Chief; Kenny Scott,
Assistant Fire Marshal; Billy Pifer, Assistant Fire Marshal
Attachment 1— Agenda Packet
ITEMS FOR INFORMATION ONLY
1-Update Landfill and Public Works Projects.
We informed the committee that the projects at the Landfill are still on -going. The new
leachate lagoon has been completed and is receiving leachate run-off. The new pump stations
and leachate system shall be completed by the early summer.
We also updated the committee on several Public Works projects. We are awarding a contract
to Perry Engineering Company, Inc. in the amount of $17,592,682.83 to construct Crossover
Boulevard. The project scope involves building a road connecting the city of Winchester and
Route 522 South with a new bridge over Interstate 81. The project will begin construction in
May and the project should be completed September 2021.
We are finishing up the bid package for the building addition at the Frederick County Esther
Boyd Animal Shelter. As a reminder, over the last two years the animal shelter has received
several large donations. It was recommended by the Public Works Committee and Board of
Supervisors to build a training center at the shelter using the donated funds. We have been
working on a building design for the past year and we are almost ready to go to bid. We plan
to advertise the project for bid in April with bids due in May. We will then update the
committee and seek project funding approval by the Board of Supervisors.
2-Update on the Waste Forum.
We let the committee know that the Public Works Department will be holding a Solid Waste
Forum on Tuesday, April 2, 2019, at 7:00 pm at the Public Safety Building. It is open to the
public and all are welcome to attend. We will have several power point presentations and
informational tables to assist all in learning about Frederick County's Solid Waste collection
system and the Regional Landfill.
3-Discuss the slope failure— Shawneeland Sanitary District.
We gave an update to the committee concerning a slope failure adjacent to Cherokee Lake.
An area about % acre has slid several feet down the slope towards our emergency spillway of
Cherokee Dam. However, no impact of any soil/rock material has impacted the dam in any
way. We have been monitoring the slide and Marsh & Legge Land Surveyors and our contract
geotechnical engineer, Viola Engineering has evaluated the slide area. At this time, we will
continue to monitor the slide area and if impacts are made to the spillway, we will clean up
the material and stabilize the area. Currently, there is no safety issue to the public. The area -
was also inspected by the state dam official and he noted no impacts or issues with the dam.
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County of Frederick, Virginia
254
4-Discuss fire safety inspection fees.
A discussion was held related to the proposed fire safety inspections fees. Fire and Rescue
administrative staff brought forth a recommendation from the Public Safety Committee
concerning the establishment of a fee schedule for fire safety inspections. In general, there
was discussion among the Public Works Committee members that a fee schedule is needed,
but the amounts of permit fees need more evaluation and research to achieve a final draft fee
schedule. To that end, a motion was made by Supervisor Lofton to recommend the
establishment of a fire safety inspection fee schedule (TBD). The motion was seconded by
committee member Whit Wagner. The motion was unanimously approved. Fire and Rescue
staff was then instructed to go back and relook at a final fee schedule that considers building
hazard classifications, base fees, reinspection fees, staff time involved and the types of
businesses and industry that will need inspections and possible conflicts. Once the Fire &
Rescue staff have re-evaluated the fee schedule, they will come back to the Public Works
Committee for review and comment.
Respectfully submitted, Public Works Committee
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
Wayne Corbett, Deputy Treasurer
Dennis Linaburg, Fire and Rescue Chief
file
Minute Book 44
Board of Supervisors Meeting of 4M0119
County of Frederick, Virginia
J. Douglas McCarthy, Chairman
Gary A. Lofton
Robert W. Wells
Whitney "Whit" L, Wagner
Gene E. Fisher
Harvey E. "Edd""~Strtaw'snyder, Jr.
ByAC"
Joer
Public Works Director
255
Board of Supervisors Minutes of April 10, 2019 - Appendix 3
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, March 25, 2019
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann -
Slaughter (Voting), Gary Oates (Voting), James Racey (Voting), and Lewis Boyer (Liaison
Stephens City).
Committee Members Absent: Barry Schnoor (Voting) and Mark Davis (Liaison
Middletown).
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary.
ACTION ITEM:
3-Northern Y-Revenue Sharing (see attached): The Northern Y has reached the 30% design and
cost estimate for the connection from Crossover Boulevard to Route 522 (Northern Y). Since
the 30% design has been reached it is to be reviewed by the Committee. The agreement with
the private partner contemplates a total project of $2.4 million to be shared by both parties.
The cost estimate was discussed in detail of what is included. The cost estimate has a shortfall
of $1,812,770.40. Under the agreement, either party can choose to contribute to this shortfall
or end the project. The County can address the shortfall by the pursuit of additional funding
through the revenue sharing project during the fall of 2019. Staff has discussed with the private
partner the shortfall and they have indicated that they are unwilling to put forth more funding
unless the County is doing so, however Staff was not provided an amount. This project does
play an important role for the County's overall Comprehensive Plan.
The Committee voted to recommend the Board proceed with seeking additional revenue
sharing and continue on the project contingent upon Glaize indicating a willingness to provide
the matching funds for the revenue sharing funds and a backstop agreement to fund any
shortfalls that may arise.
ITEMS FOR INFORMATION ONLY:
1-Route 11 Access Break-Kernstown (see attached): Mr. Michael Coughlin, representing,
Winchester-81, LLC spoke to the Committee about his client's desire for a limited access break
in the Kernstown area. He is requesting that the Committee recommend to the Board of
Supervisors to adopt a resolution supporting a full access into the property. It was noted that a
resolution was adopted by the Board of Supervisors for an access break at the location on
October 11, 2017. Winchester-81, LLC has performed another current analysis which shows that
one of the improvements that VDOT is requesting to be done is not necessary. The unnecessary
project would be that the southbound lane of Route 11 be widened to the intersection with
Commonwealth Court. After discussion, the Committee recommended for Winchester-81, LLC
to work together with VDOT's Traffic Impact Analysis (TIA) Planning Division to resolve the issue
for both parties then it will be heard by the Committee.
2-Old Charlestown Road Intersection with Route 11-Citizen Concerns (see attached): Staff and
Supervisor McCann -Slaughter has received numerous concerns from citizens related to traffic
back ups at the intersection of Route 11 and Old Charlestown Road with the upcoming Jordan
Springs Elementary School, these concerns have increased. The most recent round of
SmartScale applications, VDOT studied the intersection and it is noted a signal meets their
warrant requirement. The analysis from that SmartScale application showed a roundabout
instead of a signal would be best suited for the traffic flow of the northbound and southbound
lanes to prevent delays and safety of the area. Upon scoring of this project VDOT has not
recommended it for funding. The Stephenson Village (Snowden Bridge) rezoning proffers do
remain available. The development proffered improvements to Old Charlestown Road for a
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Board of Supervisors Meeting of 4110119
County of Frederick, Virginia
signal at the intersection. Signalization at the intersection would need to meet VDOT warrants.
The Committee recommended that Staff coordinate with VDOT and the developer to seek a
resolution to the concerns in the area.
4-SmartScale Update and Breakdown: Staff gave an update on the steps of the SmartScale
process with the different components of the program structure. The Office of Intermodal
Planning and investment (OIPI) provides multimodal planning which has grown through the
administrations for the different agencies under the Commonwealth Board Transportation.
Under the administrative level agency and the VTRANS which is the gate keeper of the
SmartScale process.
S-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: The low bidder
on the project was Perry Engineering with a bid of $17,592,682.83. A preconstruction meeting
is scheduled for May 7, 2019 with an expected notice to proceed for May 14, 2019. The project
has an expected completion date of September 10, 2021,
Renaissance Drive: The project has the proceeding to 30% design under the new scope. Staff
has been in discussions with VDOT regarding the closure of the current Springdale Road rail
crossing and detail items on the road design such as transition of the existing curb and gutter
section into the ditch.
Northern Y: Please see item 3
Jubal Early Drive Extension and Interchange with Route 37: No activity at this time.
6-Upcoming Agenda Items: Interstate, Primary and Secondary Plan Updates.
TBD: Oakdale Crossing Traffic Calming Study,
7-Other: Staff received an informal request for general VDOT projects in the County area to be
updated and posted on the County's web page.
Minute Book 44
Board of Supervisors Meeting of 4110119
County of Frederick, Virginia