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May 22 2019 Regular Meeting MinutesNa MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 22, 2019 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 and Development; Candice Perkins, Assistant Director of Planning & Development; John Bishop, Assistant Director of Planning -Transportation; Mark Cheran, Zoning & Subdivision Administrator; Scott Varner, Director of Information Technologies; Andrew Farrar, Program Coordinator, Information Technologies; Sharon Kibler, Assistant Director of Finance; Patrick Barker, Executive Director of the Frederick County EDA; 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 The Reverend Don Den Hartog of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote. CITIZENS COMMENTS There were no speakers. ADOPTION OF CONSENT AGENDA —APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the consent agenda was adopted on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Minute Book 44 Board of Supervisors Meeting of 5122/19 County of Frederick, Virginia 292 -Minutes: Joint Work Session with Parks & Recreation Commission of May 8, 2019 - CONSENT AGENDA APPROVAL -Minutes: Regular Meeting of May 8 2019 - CONSENT AGENDA APPROVAL -Code & Ordinance Committee Report of 519119 - CONSENT AGENDAAPPROVAL, Appendix 1 _Finance Committee Report of 5115119 - CONSENT AGENDAAPPROVAL, Appendix 2 -Parks & Recreation Commission Report Of 5114/19 - CONSENT AGENDA APPROVAL, Appendix 3 - Request for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Handy Mart, LLC- $3,089.89 Kevin Campbell Trucking Inc. — $10,860.84 Undisclosed Taxpayer- Disabled Veteran's Relief- $4,545.39 Undisclosed Taxpayer- Disabled Veteran's Relief- $6,790.67 - Resolution Adding Conns Road East to Secondary Road System - CONSENT AGENDA APPROVAL Resolution WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS MARK GAYLOR APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD — APPROVED Supervisor McCarthy moved to appoint Mark Gaylor to the Handley Regional Library Board to fill an unexpired four-year term ending November 30, 2019. Supervisor Trout seconded the motion which carried on a voice vote. ROBERT MEADOWS REAPPOINTED AS STONEWALL DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, Robert Meadows was reappointed as Stonewall District Representative to the Historic Resources Advisory Board for a four-year term ending June 10, 2023, The motion carried on a voice vote. Minute Book 44 Board of Supervisors Meeting of 5122/19 county of Frederick, Virginia 293 COMMITTEE BUSINESS: CODE & ORDINANCE COMMITTEE AMENDMENTS TO CHAPTER 118 (NOISE) OF THE COUNTY CODE — FORWARDED TO PUBLIC HEARING — APPROVED Upon motion of Supervisor Trout, seconded by Supervisor McCarthy, Amendments to Chapter 118 (Noise) of the County Code, to adopt a "plainly audible" and/or 60 decibels standard were forwarded to public hearing with a recommendation of approval. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye AMENDMENT TO SECTION 48-3 (DOGS RUNNING AT LARGE UNLAWFUL) OF ARTICLE I (DOG LICENSING; RABIES CONTROL) OF CHAPTER 48 (ANIMALS AND FOWL) OF THE COUNTY CODE, FORWARDED TO PUBLIC HEARING — APPROVED Upon motion of Supervisor Trout, seconded by Supervisor McCarthy, Amendment to Section 48-3 (Dogs running at large unlawful) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the County Code, to conform with changes to Virginia Code § 3.2-6538, effective July 1, 2019, was forwarded to public hearing with a recommendation of approval. The motion 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 FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,693.07. This amount represents an insurance claim for a damaged vehicle. 2, The Sheriff requests a General Fund supplemental appropriation in the amount of $862.31. This amount represents restitution for damaged cruisers. 3, The Sheriff requests a General Fund supplemental appropriation in the amount of $100. This amount represents a DARE donation. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $11,853.47. This amount represents reimbursements from the Secret Service. 5. The Sheriff request a General Fund supplemental appropriation in the amount of $3,550. This amount represents proceeds from the sale of a retired cruiser. Vice Chairman Lofton 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 Minute gook 44 Board of Supervisors Meeting of 5/22119 County of Frederick, Virginia 294 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of: The Sheriff requests a General Fund supplemental appropriation in the amount of $30,450 for Phase II of the eSummons project, This amount represents eSummons funds collected through the courts and earmarked for the implementation of an electronic summons system. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The Sheriff requests a General Fund supplemental appropriation in the amount of $24,750. This amount represents recovered costs for traffic control for overtime. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The Sheriff requests a General Fund supplemental appropriation in the amount of $270,870. This amount represents funds to purchase (9) nine 2019 vehicles at a cost savings of approximately $3,000 per vehicle. Funds were budgeted in FY 2020 and will be returned. She further moved that the supplemental appropriation come from the Capital Reserve in FY 2019 to be returned from the FY 2020 funds budgeted for Sheriff vehicles. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The NRADC Superintendent requests a Court Services budget transfer in the amount of $7,000 out of a personnel line item to operations to meet projected operational shortfalls. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The Airport Director requests a General Fund supplemental appropriation in the amount of $245,737. This amount represents the County's share of legal fees in the amount of $326,345 incurred in prior years (identified in the Airport CAFR as "Cash overdraft"), Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Minute Book 44 Board of Supervisors Meeting of 5/22119 County of Frederick, Virginia I295 Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The Parks & Recreation Director requests a change order in excess of 10% for the Sherando Park Recreation Access Project. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The VJCCCA Director requests a General Fund budget transfer in the amount of $6,400 out of a personnel line item to operations to provide client services and training, Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of: The VJCCCA Director requests an FY19 General Fund supplemental appropriation for up to $50,000 representing one-time supplemental funding from the Virginia Department of Juvenile Justice (DJJ) for the purchase of equipment and supplies as Shenandoah Valley Achievement Center is launched. Funding will be on a reimbursement basis for actual expenses, and she further moved that that the Board to authorize the County Administrator to sign the MOA Plan Addendum. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye PUBLIC HEARING Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye THE BOARD OF SUPERVISORS WILL CONDUCT A PUBLIC HEARING. PURSUANT TO VIRGINIA CODE SECTION 15.2-1800, REGARDING THE CONVEYANCE, BY A DEED FOR TWO HUNDRED YEARS, OF THE COUNTY'S INTEREST IN REAL PROPERTY LOCATED AT 20 NORTH LOUDOUN STREET IN THE CITY OF WINCHESTER VIRGINIA IDENTIFIED AS CITY TAX PARCEL NUMBER 193-1-N-4, TO THE SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION. - APPROVED Supervisor Slaughter recused herself from participation in this item. Mr. Tierney provided background saying the Shenandoah Valley Battlefields Foundation has operated a museum for a number of years on the premises of the former Frederick County Court House at 20 North Loudoun Street, and has expressed interest in seeking ownership of the Minute Book 44 Board of Supervisors Meeting of 5/22119 County of Frederick, Virginia 296 property. He said the County has negotiated a deed of transfer for a period of two hundred (200) years, or so long as the conditions contained in the deed are met, whichever period is shorter. He continued noting the contingencies of the deed as follows: The conveyance is contingent upon the Property being used for preservation of local history and the operation of a museum, such as the Shenandoah Valley Civil War Museum, which is presently operational on the site, and upon the Grantee or its assigns maintaining the layout of the historic courtroom within the structure on the site as it exists at the time of conveyance. Should the Grantee or its assigns cease to use the property for the above purpose or fail to maintain the layout of the historic courtroom, the property and all improvements thereon shall revert back to the ownership of Frederick County (the Grantor). Also, it is noted that the structure in place on the Property is designated as a historic structure and that the conveyance of the Property is contingent on the structure being maintained in such a fashion that it maintains his historic structure designation. Lastly, the Property contains a historic statue in its curtilage. The Grantee may not remove or alter said statue. Should the Grantee fail to abide by this condition, the Property shall revert to the Grantor. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for continuing the public hearing until the next meeting and delaying a decision until further information can be obtained from the constituents. Supervisor McCarthy seconded the motion which failed on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout No Gary A. Lofton Aye Robert W. Wells No J. Douglas McCarthy No Charles S. DeHaven, Jr. No Judith McCann -Slaughter (Recused) Supervisor McCarthy moved for approval of the conveyance, by a deed for two hundred years, of the County's interest in real property located at 20 North Loudoun street, in the city of Winchester. Supervisor Trout seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn No Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter (Recused) Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ++++++++++++++ PLANNING COMMISSION BUSINESS PUBLIC HEARING COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) #02-19 BRUCETOWN ROAD AREA AMENDMENT —SEWER AND WATER SERVICE AREA SWSA EXPANSION AND LAND USE DESIGNATION ASSOCIATED WITH COMPREHENSIVE PLAN AMENDMENT #02.18 FOR THE CARTER TRACT . DENIED Assistant Planning Director Perkins said this is a Request to Amend the Northeast Land Minute Book 44 Board of Supervisors Meeting of 5/22H 9 County of Frederick, Virginia 1297 Use Plan of the 2035 Comprehensive Plan and proposes to add 109 acres into the Sewer and Water Service Area (SWSA) and remove 109 acres from the SWSA. She said this amendment also seeks to designate the 109 acres for industrial uses. She said the Planning Commission recommended denial of this amendment, Vice Chairman Lofton clarified that the subject property is not within the Brucetown Rural Community Area, Chairman DeHaven opened the public hearing. Kay Dawson, Red Bud District, said recently disclosed information needs to be reviewed before a decision is made, Unknown resident of Brucetown Road discussed waivers for the kiln height at the Carmeuse quarry and said the cat litter plant will cause additional pollution. He noted other employers in the County which do not cause pollution. Tina Bragg of Stephenson noted problems with the existing Carmeuse plant including lights, noise, and dust, and said the roads can't handle more traffic. George Sempeles, Red Bud District, said industry pays the lion's share of the budget and failure to pass this amendment will cost the County $500,000 per year. He added that Clorox will be a good neighbor. Lindsey Wade, Stonewall District, said she searched for two years before purchasing her home for a little over $200,000 in the Brucetown area. She said she was not expecting a plant down the road and that it will damage property values. Charles Brown, a 38-year employee of Clorox, cited the environmental and sustainability record of Clorox, adding that Clorox will be a good neighbor, He noted that the Amherst, Virginia, plant has received a 0 waste to landfill rating. Susan Herbaugh, Stonewall District, said she is a direct neighbor of the subject property and is concerned about the history of the area and does not want her home to lose value. She asked the Board to vote no on the amendment. Tom Macomber, Stonewall District, said the proposal contravenes the Comprehensive Plan. He said there is no positive impact in the proposal to justify amending the Plan. Tom Edens, of Brucetown, said he has been concerned for years about strip mining at Clear Brook and is concerned about traffic, noise and air pollution from the proposed Clorox plant. He noted that Clorox has offered $1,000,000 toward road repairs but has been given $5,000,000 by the state. He asked the Board to honor the Comprehensive Plan, Doug Long of the Winchester & Western Railroad said the railroad is interested in reducing the carbon footprint of the Clorox project by taking trucks off the road. He said the railroad will give land to realign Brucetown Road. Chris Jenkins, Chief of the Clear Brook Volunteer Fire Department, cited the dangers of emergency vehicle accidents for EMS personnel. He discussed the road widths in the Brucetown area compared to the vehicle widths. He invited Board members to serve a shift at the fire hall to get a better idea of the danger of large EMS vehicles on narrow roads. Stacy Sampson, Stonewall District, asked the Board to vote no on the plan amendment. Minute Book 44 Board of Supervisors Meeting of 5122119 County of Frederick, Virginia She said the County says it wants to maintain safe roadways but amending the comprehensive plan will make it less safe. She said all residents will be at risk if more traffic is added. Unnamed resident discussed the projected $500,000 revenue saying that employees from out of state will pay taxes in their home states rather than in Frederick County. He noted the added infrastructure costs and asked the Board to vote no. Rick Warner, 28-year Clorox employee in Amherst, Virginia, noted the company's partnerships saying Clorox will be a tremendous community partner. Dave Rinehart asked the Board to vote against the comprehensive plan amendment saying a vote in favor will change Brucetown and Clear Brook forever. He said property values will go down if big industry wins, and the current comprehensive plan is the hero of the story by providing protection against industrial overreach. Victoria Hitchcock, Stonewall District, said she is a direct neighbor of the subject property an understands change and progress. She cited current noise and light pollution from the Carmeuse quarry adding that the roads are not built for industrial traffic. Brian Nuri, Opequon District, noted the environmental issues surrounding the proposal. He said the County needs businesses, but not the one currently proposed, He asked the Board to keep the community smartly developed. Cathy Whittier reminded the Board they are dealing with two global corporations that have money and do not care about the residents. She said the Board must decide between the corporations and the residents and asked the Board to direct Clorox to find land already zoned for industrial use. Michael Holly of the Clorox Company highlighted how the proposal would help achieve the broad goals of the comprehensive plan noting projected tax revenues. He said the project will not impact the community center, contains green initiatives, will not increase the sewer water service area, will not discharge water into the ground, but will provide new jobs and balance the tax base. He noted the company will minimize visibility of the complex by placing it in the interior of the property, will improve site lines by planting trees, and will minimize noise onsite. He said Clorox has a proven track record and the proposal meets the requirements of the comprehensive plan. He reminded the Board that the plan has been modified a few times in recent years. Brenda Fristoe, Stonewall District, asked the Board to vote no because the proposal does not conform to the comprehensive plan. She said the property in question is designed to be a buffer between industrial activity and the Rural Community Center. She asked the Board to vote no and to protect the residents and maintain the 2035 Comprehensive flan. Elmer Simsack, Stonewall District, referenced a small Oklahoma town that had strip-mining and later became a superfund site. He said he is concerned about increased activity at the quarry to serve the Clorox facility. Arthur Bragg, Stonewall District, said the proposal does not conform the comprehensive plan. He noted the historic area surrounding Brucetown and asked the Board to vote no on the amendment. Eric Federman, 1 9-year Clorox employee, noted the company's outreach programs saying Minute Book 44 Board of Supervisors Meeting of 5/22/19 County of Frederick, Virginia PEE the company hopes to bring similar outreach to Frederick County. He urged the Board to vote yes on the amendment. Vice Chairman Lofton read a letter of support for the proposal from John Riley, Vice Chair of the Frederick County Economic Development Authority. He quoted: `The EDA is supportive of this project. The EDA Board unanimously agrees that it is very important to show businesses, like the Clorox Company, that Frederick County is a safe and easy place to do business. Frederick County and Virginia are known for their positive business climate. Welcoming Clorox would only further concrete Frederick County's position as a premier east coast location for manufacturing and other businesses." Tim Stowe, engineer representative of the Applicant, said the comprehensive plan is a guide rather than legislation, and can be amended to seize opportunities. He said water is provided for in the proposal and what is needed is the sewer water service area location change and the land use change. He said Clorox has modified language in response to concerns and he asked the Board to accept the proposal. Susan Howard, Stonewall District, noted noise in the community from the Carmeuse quarry and asked the Board to consider the residents who live in the area of the proposed project. She said no one would want to live next to the quarry as it is now, and that the County does not need what the Applicant is promising. Susan Watkins said there has been much growth in the area in five years and she questioned how much planning there has been for infrastructure. She said the residents do not want the Clorox plant and that there is a difference between Amherst County and Frederick County. She asked the Board to vote no. Tina Rinehart said she lives two miles from the quarry and there is noise all night. She noted trucks speeding and dangerous road conditions and asked the Board to vote no. Brenda Fristoe, Stonewall District, continued her remarks saying she had met with the Economic Development Authority and does not believe the dollar figures given to the Authority by Clorox. She said the Authority should guide businesses to appropriate parcels of land. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for denial of CCPA #02-19. Supervisor Wells seconded the motion. Vice Chairman Lofton said the comprehensive plan can be amended, adding that there have been two amendments for land in and around the Brucetown and Clear Brook area. He said the current vote is not to decide on a proposal by Clorox but rather a vote on the land use of a particular parcel. He said a vote to amend the plan does not imply or guarantee that a proposal brought forth by Clorox will be approved. He said the Carmeuse quarry has been in operation for over 50 years, and if the amendment is denied, Carmeuse will continue to operate with no proffers forthcoming. In reference to how industry helps the whole county, he said that industry provides tax revenue without demands on services, adding that the landowner of the parcel wishes to sell and if this amendment is denied, the next option will be residential development on the site. He concluded saying that residential growth does not increase revenue, noting that the Board recently Minute Book 44 Board of Supervisors Meeting of 5122/19 County of Frederick, Virginia 300 turned down another opportunity and he fears that real estate taxes will continue to increase to raise revenue. Supervisor McCarthy said he is not opposed to changing the comprehensive plan but the ability to do road improvements needs to be addressed. He said he does not want the proposed $500,000 in revenue to be canceled by the millions it will take to upgrade the roads. He continued saying he learned recently that there are numerous other parcels either owned by Carmeuse or which there is an option for purchase by Carmeuse. He said he also learned that Carmeuse has only 15 to 30 years of material necessary, instead of 50 years as previously discussed, to serve Clorox on its current location. He said Carmeuse would probably be returning to the Board for future amendments to gain access to the other properties which it owns or on which it has options to purchase, and these opportunities will increase traffic as a conveyor will not be of use with the distance to the additional parcels. He urged the Board to fully study the costs of transportation before voting on the matter. Supervisor Slaughter said the citizens have said all that is necessary. She said the Board is looking at both Clorox and Carmeuse as they will be in partnership. She noted her concern about the failing road network saying that it will take 30 years to recoup the $15 million necessary to upgrade the roads in the areas of the proposal. She said she does not want future Boards to be strong-armed to agree to re -zonings to supply the needs of the Clorox plant. Supervisor Dunn said the sentiment in the room supports the reasoning of Supervisor Slaughter. He said the possibility that the conveyor belt will not be a possibility means the traffic issues and road costs are much more likely, Vice Chairman Lofton said he cannot understand the reference to using tax revenue to pay for county road improvements, noting that companies do not pay taxes to pay for roads. He said all other taxes at the state level, such as the gasoline tax, are what fund transportation costs. Supervisor McCarthy said all taxes are paid by the citizens and therefore road improvements are paid by the citizens in one way or another. Supervisor Dunn said Clorox has tried to minimize its impact and if the Board votes no on the amendment, Carmeuse will still be operating in 50 years. Supervisor Dunn moved to delay the vote until the July meeting for Carmeuse to respond with information about its sources of material. There was no second to the motion. Supervisor Slaughter's motion for denial of CPPA #02-19 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 Minute Book 44 Board of Supervisors Meeting of 5/22/19 County of Frederick, Virginia ++++++++++++++ 301 COMPREHENSIVE POLICY PLAN AMENDMENT CPPA #01.19 BLACKBURN PROPERTY WORKFORCE HOUSING — URBAN DEVELOPMENT AREA (UDA) EXPANSION AND LAND USE DESIGNATION CHANGE ASSOCIATED WITH THE COMPREHENSIVE PLAN AMENDMENT #01-19 FOR BLACKBURN PROPERTY REQUEST - DENIED Assistant Planning Director Perkins said this is a request to amend the Kemstown Area Plan of the 2035 Comprehensive Plan to add 71.849 Acres to the UDA and also seeks to designate the 71 acres for workforce housing. The Applicant is requesting the UDA expansion and land use designation change to allow for the development of workforce housing that is intended to provide affordable housing opportunities for residents of the community located within reasonable proximity of workplaces in the community. She said the Planning Commission sent this item forward to the Board of Supervisors with a recommendation for denial, Avram Fechter of Equity Plus, the Applicant, explained the definition of workforce housing as that for citizens earning 60% of the median income in the County. He said in Frederick County, those with annual incomes of $35,000 to $50,000 would qualify for the housing. He noted the proposal is for single family homes rather than apartments or attached units, Supervisor Wells and the Applicant discussed the tax credit program used to finance the program. Supervisor Trout and the Applicant discussed the rules on rents and terms of leases. Supervisor McCarthy and the Applicant discussed the wait list in relation to discrimination, Vice Chairman Lofton, the Applicant, and Evan Wyatt, engineering consultant representing the Applicant, discussed the location of the proposed project site and its wetland characteristics. Chairman DeHaven opened the public hearing. Kerri Ann Kite, Shawnee District, expressed her support for the workforce housing project. John Wright, Red Bud District resident and President of the Frederick County Professional Firefighters Association, said he supports the comprehensive plan amendment and rezoning for the project saying housing costs are out of reach for many. Heidi David Young, Gainesboro District, spoke in favor of the project and asked the Board to use compassion and wisdom when voting on the issue, Tamara Bayliss, Back Creek District, said she supports affordable housing, and this is a wonderful opportunity to provide for those working in the service industry in the County. She said the Planning Commission did not give compelling reasons for denying the project. Mike Faison, Gainesboro District, read a letter of support for the project from the chairman of the Frederick County NAACP. He said denying workforce housing in higher income districts is akin to red -lining and suggested that the County could be inviting further scrutiny if the Board denies the project. John South, Back Creek District, said the need for workforce housing is real but the proposed location does not meet the requirements of being close to services. He cited traffic concerns. Jennifer Hall, Shawnee District resident and United Way Valley Assistance Network employee, explained workforce housing and how it is different from government, Section 8, or low - Minute Book 44 Board of Supervisors Meeting of 5122119 County of Frederick, Virginia 302 income housing. She urged the Board to vote for the amendment. Brian Nuri, Opequon District, said property values are rising but incomes are not keeping up. He said affordable housing makes areas more attractive to professional employers. Matthew Motz, Back Creek District, said those opposing the proposal are being framed as anti -poor and anti -police officer. He said the reality is the particular parcel of land is not suited for the development. He cited road conditions which will lead to a tax burden in the future. He said the class of person is not what will cause an increase in necessary services, but rather an increase in the number of persons causes an increase in the demand for services. He asked the Board not to overturn the Planning Commission's decisions. Tom Maloney of Apple Valley Road said the roads are not currently ready for the proposed project. Tom Hindman, business partner of the Applicant, referenced letters of support from the Frederick County Education Association, and Fellowship Bible Church, and cited employee statistics form Valley Health. Rick Brown, Back Creek District, commended the Board for maintaining the current tax rate and said industry pays the bills. He said there is plenty of affordable housing in the area. He said Apple Valley Road is not designed for traffic and asked the Board not to change the comprehensive plan. Darla McCreary, Back Creek District, said affordable housing is needed but the proposed site is not appropriate. She said the project will not bring revenue to the County and will not result in home ownership. She concluded saying the project is not harmonious with the surrounding area and asked the Board to vote no. Steven Pettler, representing the Applicant, said the proposal is not for low income or subsidized housing. He said the comments have been addressing the impacts of the proposed development, but the item for debate is a comprehensive plan amendment that would allow the opportunity for the project to be explored. He noted a plan amendment is necessary for transferred development rights to be used, and he concluded saying it is unfair to the Applicant to have the Board focusing on the impacts when the Applicant cannot discuss those until the rezoning process. Bob Bolter, Opequon District, is involved with Faithworks Inc. He noted recent rent increases have displaced many, and said it is essential to amend the comprehensive plan. He said the site is uniquely suited to the proposed development. Tabitha Jablonski, Red Bud District, spoke in support of affordable housing saying she is concerned about young families not being able to afford to live in the County. Roy Sampson, Back Creek District, said there is a lot of available affordable housing and the proposed site is not the place for the development. He said the roads need updating and the proposal will hurt the values of other homes in the neighborhood. Joseph Jablonski, Red Bud District resident and employee of Valley Assistance Network said there are a few affordable units in the County, but they are grabbed so quickly they are really not available. He said having the workforce housing option will actually increase the number of homeowners in the area by allowing people to save for a down payment. Minute Book 44 Board of Supervisors Meeting of 5122119 County of Frederick, Virginia 303 Steve Lobell, Back Creek District, said the area cannot support the type of housing proposed. He said workforce housing is needed, but not in the currently proposed location. Richard Kennedy,"Shawnee District resident and representative of the Top of Virginia Chamber of Commerce, encouraged the Board to vote for the plan amendment in order to take the next step and analyze the project. Chairman DeHaven closed the public hearing. Because of the late hour, Chairman DeHaven polled the Board. By consensus, the Board agreed to continue the meeting. Vice Chairman Lofton moved for approval of CPPA # 01-19 and Supervisor Trout seconded the motion. Supervisor Trout said she was appalled by some of the prejudicial remarks regarding the people living in workforce housing. She asked the Board members to vote yes to allow further discussion of the proposed project. Vice Chairman Lofton said he was originally conflicted because industrial development is his preference, but the proposed site has been for sale and is not conducive to industrial development. He said he would like the opportunity to explore the impacts of the project to the surrounding community, adding that workforce housing is needed. Supervisor McCarthy said he would like to have the discussion on impacts before the plan is changed, and he moved to amend the main motion to delay the vote until the August meeting to allow additional road impact data to be obtained. Supervisor Slaughter seconded the motion. Vice Chairman Lofton said he is not in favor of a delay, and it appears the applicant is being asked to go through the rezoning process now. Supervisor McCarthy said he would like the transportation information before deciding on a plan amendment. Supervisor Dunn noted that if the plan amendment is made, but the project is not approved, the land designation remains residential. Supervisor Trout agreed with Vice Chairman Lofton, citing that the parcel has been cast aside as not viable for industrial development. Chairman DeHaven said he did not know why the Board would continue comprehensive planning it they were going to have rezoning discussions prior to consideration of the comprehensive plan. The motion to amend the main motion by adding a delay until August failed on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout No Robert W. Wells No Charles S. DeHaven, Jr. No The motion for approval of CPPA # 01-19 failed on a roll call vote as follows: Blaine P. Dunn No Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells No J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter No Minute Book 44 Board of Supervisors Meeting of 5122119 County of Frederick, Virginia 304 ++++++++++++++ DRAFT UPDATE OF THE 2019.2020 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS - APPROVED THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK VIRGINIA IN ACCORDANCE WITH SECTION 33.2-331 OF THE CODE OF VIRGINIA WILL CONDUCT A JOINT PUBLIC HEARING, THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SIX YEAR PLAN FOR SECONDARY ROADS FOR FISCAL YEARS 2020 THROUGH 2O25 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2020. — APPROVED Assistant Director of Planning -Transportation John Bishop discussed this annual update to the road plans saying this is an opportunity to communicate priorities and desires to VDOT. He reviewed updates that have been incorporated into the plans. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the Primary, Interstate, and Secondary Road Plans. Supervisor McCarthy seconded the motion which carried as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye BOARD LIAISON REPORTS Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor McCarthy said the Handley Library Board approved the concept forwarded from Parks & Recreation regarding the addition of a trail around the lake at the Bowman Library. CITIZEN COMMENTS John Wright, Red Bud District resident and President of the Frederick County Professional Firefighters Association, discussed the traffic issues on Brucetown Road saying the issues are known, and asking why they are not being addressed. He said the County should work toward fixing this serious safety issue. BOARD OF SUPERVISORS COMMENTS - None ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was adjourned at 11:25 p.m. Minute Book 44 Board of Supervisors Meeting of 5/22119 County of Frederick, Virginia 305 Q�j Lv-'� -- Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kris ,jerney Clerk, oard of sors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Meeting of 5122/19 County of Frederick, Virginia M Board of Supervisors Minutes of May 22, 2019 - Appendix 1 CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, May 9, 2019 4:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy; Stephen Butler, and James Drown Committee Members Absent: Derek Aston Staff present: Roderick B. Williams, County Attorney; Jay E, Tibbs, Deputy County Administrator; Sheriff Lenny Millholland. ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Amendment Frederick County Code, Chapter 118 (Noise), to adopt a "Plainly audible" standard with respect to certain prohibited noise. The Board of Supervisors requested the Code and Ordinance Committee revisit revisions to the noise ordinance. It was noted the current noise ordinance, as written, was not enforceable per the Virginia Supreme Court's 2009 decision in Tanner vs. City of Virguiia Beach. The proposed revisions to the ordinance would adopt "plainly audible" as the standard. The Code and Ordinance Committee the Committee discussed the "plainly audible" standard and suggested that the proposed ordinance also include a decibel standard, in addition to the "plainly audible" standard. The Committee directed the County Attorney to gather information on decibel standards for the Board of Supervisors' consideration. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing and with a recommendation of approval, to include the "plainly audible" standard and a decibel standard based upon the County Attorney's research. The above motion was unanimously approved. 2. Amendment to Frederick County Code, Chapter 48 (Animals and Fowl), Article I (Dog Licensing, Rabies Control), Section 48-3 (Dogs running at large), to add changes to conform to Virginia Code 53.2-6538, effective July 1, 2019. This proposed amendment would bring the County Code into conformance with changes to state law that will become effective July 1, 2019. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was approved by a 4-1 vote with Mr. Drown voting no. ITEMS FOR BOARD OF SUPERVISORS INFORMATION• There being no further business, the meeting was adjourned at 4:34 p.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee Minute Book 44 Board of Supervisors Meeting of 5122/19 County of Frederick, Virginia 307 Board of Supervisors Minutes of May 22, 2019 - Appendix 2 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, May 15, 2019 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 15, 2019 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph -Wiseman. Committee Members Absent: Ellen Murphy, Commissioner of the Revenue; and William Orndoff, Treasurer (non -voting liaisons). Staff present: Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Lenny Millholland, Sheriff; Andrea Cosans, Court Services Director; Jason Robertson, Parks & Recreation Director; Peter Roussos, VJCCCA Director; and Nick Sabo, Airport Executive Director. ITEMS_ REQUIRING ACTION BY BOARD OF SUPERVISORS: (fj) Items 2, 4, 5, 6, and 7 were approved under consent agenda. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $30,450 for Phase II ofthe eSummons project. This amount represents eSummons funds collected through the courts and earmarked for the implementation of an electronic summons system. No local funds are required. See attached information, p. 3-9. The committee recommends approval. 2. () The Sheriff requests a General Fund supplemental appropriation in the amount of 3 693.07. This amount represents an insurance claim for a damaged vehicle. No local funds required. See attached memo, p.10-11. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of 24 750. This amount represents recovered costs for traffic control for overtime. No local funds required. See attached information, including a policy as approved by the Public Safety Committee, p. 12 —25. The committee recommends approval 4. O The Sheriff requests a General Fund supplemental appropriation in the amount of 862.31. This amount represents restitution for damaged cruisers. No local funds required. See attached memo, p. 26. S. (]) The Sheriff requests a General Fund supplemental appropriation in the amount of $100, This amount represents a DARE donation. No local funds required. See attached memo, p. 27 — 28. 6. ( ) The Sheriff requests a General Fund supplemental appropriation in the amount of $11.853.47. This amount represents reimbursements from the Secret Service. No local funds required. See attached memo, p.29-30. 7. (a) The Sheriff request a General Fund supplemental appropriation in the amount of $3 550 This amount represents proceeds from the sale of a retired cruiser. No local funds required. See attached memo, p. 31, Minute Book 44 Board of Supervisors Meeting of 6/22/19 County of Frederick, Virginia 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $270,870. This amount represents funds to purchase (9) nine 2019 vehicles at a cost savings of approximately $3,000 per vehicle. Funds were budgeted in FY 2020 and will be returned. Local funds are required. See attached memo, p. 32. The committee recommends approval of the supplemental appropriation from the Capital Reserve in FY 2019 to be returned from the FY 2020 funds budgeted for Sheriff vehicles. 9. The N RADC Superintendent requests a Court Services budget transfer in the amount of $7,000 out of a personnel line item to operations to meet projected operational shortfalls. See attached memo, p. 33 — 35. The committee recommends approval. 10. The Airport Director requests a General Fund supplemental appropriation in the amount of 245 737, This amount represents the County's share of legal fees in the amount of $326,345 incurred in prior years (identified in the Airport CAFR as "Cash overdraft"). Local funds are required. See attached information, p. 36 —37. The committee recommends approval. 11. The Parks & Recreation Director requests a change order in the amount of $111,550, which is in excess of 10%, for the Sherando Park Recreation Access Project. No additional local funds are required. See the attached memo, p. 38. The committee recommends approval. 12. The VJCCCA Director requests a General Fund budget transfer in the amount of $6,400 out of a personnel line item to operations to provide client services and training. See attached memo, p. 39. The committee recommends approval. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for April 2019. See attached, p. 40 — 41. 2. The Finance Director provides financial statements ending April 30, 2019. See attached, p. 42 — 52. 3. The Finance Director provides an FY 2019 Fund Balance Report ending May 10, 2019. See attached, p. 53. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph -Wiseman By .�J�-l'1. Sharon Kibler, Assistant Finance Director Minute Book 44 Board of Supervisors Meeting of 5/22/19 County of Frederick, Virginia Board of Supervisors Minutes of May 22, 2019 - Appendix 3 309 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday May 22, 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: May 14, 2019 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on May 14, 2019. Members present were: Guss Morrison, Christopher Fordney, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Natalie Gerometta, Ronald Madagan, and Robert Wells (Board of Supervisors' Non -Voting Liaison). Members absent: Randy Carter ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission approved revision of the Youth Program Suspension Policy (100.25)- attached with highlight changes. 2. The Commission approved the staff seek public input on the construction of a half - mile trail behind the Bowman Library. Cc: Charles R. Sandy, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 44 Board of Supervisors Meeting of 5122/19 County of Frederick, Virginia