February 12 2020 Regular Meeting MinutesMINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, FEBRUARY 12, 2020
7:00 P.M.
BOARD ROOM„ COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gene E. Fisher; Shawn L.
Graber; Blaine P. Dunn; Judith McCann -Slaughter; J. Douglas McCarthy; and Robert W. Wells,
Vice Chairman 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; Mark Cheran, zoning & Subdivision
Administrator; Scott Varner, Director of Information Technology; and Ann W. Phillips, Deputy Clerk
to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m,
INVOCATION
Pastor Dennis Smith, Valley Bible Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA —APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was
adopted on a voice vote.
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CITIZENS COMMENTS
Ty Lawson, Shawnee District, spoke in reference to the agenda item titled Rezoning #07-
19. He noted revised proffers were provided by the Applicant,
Brook Middleton, Shawnee District, spoke as the property owner of the subject of
Rezoning #07-19 and asked the Board to approve the rezoning.
Steve Parrish, Stonewall District, spoke as business partner of a property adjoining the
subject of Rezoning #07-19 and asked the Board to deny the rezoning because of concerns
about his business being negatively affected,
Jason Aikens, Gainesboro District, spoke as business partner of a property adjoining the
subject of Rezoning #07-19 and asked the Board to deny the rezoning because of concerns
about his business being negatively affected.
ADOPTION OF CONSENT AGENDA —APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor Fisher, the consent agenda
was adopted on a recorded vote as follows:
Blaine P. Dunn Aye
Shawn L. Graber Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Gene E. Fisher Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
- Minutes of Budget Work Session and Regular Meeting of Janua 22 2020 - CONSENT
AGENDA APPROVAL
- Minutes of Special Meetinq and Budget Work Session of Februa 5 2020 - CONSENT
AGENDA APPROVAL
- Human Resources Committee Report of January 24 2020 - CONSENT AGENDA APPROVAL
Appendix 1
- Parks & Recreation Commission Report of January 14, 2020 - CONSENT AGENDA APPROVAL,
6ppendix 2
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265
- Public Works Committee Report of January 28, 2020 - CONSENT AGENDA APPROVAL, Appendix 3
- Transportation Committee Report of January 27, 2020 - CONSENT AGENDA APPROVAL, Appendix 4
- Request from the Commissioner of the Revenue for Refund and Corresponding
Supplemental Appropriation CONSENT AGENDA APPROVAL
BFI Waste Services, LLC - $9,594.24
- Cancellation of Participation in the Northern Y Project as Recommended by the
Transportation Committee - CONSENT AGENDA APPROVAL
-Approval of VDOT Installation on Old Charlestown, Road Bridge of Metal Safety Cates to
Deter Drivers from Using the Bridge During Flooding Events -„CONSENT AGENDA
APPROVAL
- Road Resolution For Additions to the Secondary System of State Highways - Southern
Hills Subdivision Phase I - CONSENT AGENDA APPROVAL
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
.tune 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.
- Road Resolution For Additions to the Secondary System of State Highways - Snowden
Bridge Section 5 - CONSENT AGENDA APPROVAL
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, tills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident
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Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
Engineer for the Virginia Department of Transportation.
- Road Resolution For additions to the Seconda System of State Highways -
Commonwealth Court Ext.- CONSENT AGENDA APPROVAL.
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.
-Resolution in Support of Right to Work -CONSENT AGENDA APPROVAL
WHEREAS, in 1947 the Virginia General Assembly enacted the Right to Work law; and,
WHEREAS, since 1947, it has been "the public policy of Virginia that the right of persons to work shall
not be denied or abridged on account of membership or non -membership in any labor union or labor
organization."; and,
WHEREAS, maintaining the voluntary nature of union support in our Commonwealth ensures better
relationships between employers, employees, and unions, which is one of the important factors in Virginia's
successful economy; and,
WHEREAS, Right to Work states have lower tax burdens, greater growth in real household consumption,
and greater overall job growth including in the manufacturing sector; and
WHEREAS, there are currently pending several legislative proposals to enable collective bargaining in the
Commonwealth, and;
WHEREAS, many of the collective bargaining legislative proposals could have a significant fiscal impact
to Frederick County and its citizens, which could include a higher tax burden to pay for this unfunded
mandate.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia, hereby stands in strong support of the Commonwealth of Virginia's longstanding laws protecting
worker freedom, including the Right to Work law.
BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia,
strongly opposes any legislation that would overturn the Right to Work law and would diminish worker
choice and economic opportunity in our county.
+++.+++++*++..
BOARD OF SUPERVISORS COMMENTS - None
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COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
JOHN JEWELL APPOINTED AS BACK CREEK DISTRICT REPRESENTATIVE TO THE
PLANNING COMMISSION - APPROVED
On motion of Supervisor Graber, seconded by Supervisor McCarthy, John Jewell was
appointed on a voice vote as Back Creek District Representative to the Planning Commission for
a four-year term ending 2/12/2024.
.......... + + + +
COMMITTEE BUSINESS
HUMAN RESOURCES COMMITTEE
Supervisor Dunn moved for approval of the creation of a Deputy Director of Security
position in the IT Department. Supervisor McCarthy seconded the motion which carried on a voice
vote,
Supervisor Dunn moved for approval of the creation of a basicREC Coordinator
position in the Parks and Recreation Department. Vice Chairman Wells seconded the motion which
carried on a voice vote.
+++++.........
PUBLIC HEARINGS — NON -PLANNING ISSUES
TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF WAVELAND FARM LLC AND
CYNTHIA J. LAYMAN — APPROVED
Mr, Tierney explained the request for a twelve-month outdoor festival permit and reviewed
previous requests by the Applicant,
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Chelsea Layman of the Back Creek District and representative of the Applicant, explained
the permit request and apologized for events being held in the past without proper permitting. She
asked the Board to vote favorably on the request.
Stephen Pettler of Harrison and Johnson, representing the Applicant, explained that a
temporary Twelve-month Festival Permit was a better choice for the Applicant than pursuing a
potentially permanent conditional use permit. He noted the Board would be able to consider the
permit annually and take action if problems were encountered.
The Board and Mr, Pettler discussed the Applicant's previous request for a conditional use
permit and concerns about sight distance at the property entrance.
Chairman DeHaven opened the public hearing. The speakers were as follows:
Chris Fauver, Shawnee District, said he has no concerns about the property being used
as a festival venue.
Colleen Vecki, owner of property adjacent to the Applicant's site, spoke in favor of the .
Festival Permit being granted.
Dudley Rinker, Back Creek District, spoke in opposition to the Festival Permit and asked
the Board to uphold its decision of denying the conditional use permit sought by the Applicant in
2019.
John Ferguson, Back Creek District, spoke in favor of the Festival Permit saying it will bring
revenue to the County.
Paul Schmidt spoke in favor of the Festival Permit.
Bill Ewing, Gainesboro District, spoke in opposition to the Festival Permit citing concerns
about the effects on surrounding properties and road safety.
Scott Carlson, Back Creek District, spoke in opposition to the Festival Permit saying he
purchased his nearby property after the conditional use permit for the Applicant had been denied
and would not have made the purchase if the conditional use permit had been approved.
Chairman DeHaven closed the public hearing.
The Board, the Applicant, and Mr. Pettler discussed the proposed number of events for the
year, the temporary nature of a twelve-month permit, and the Applicant's purchase of an adjacent
lot to insulate the adjacent subdivision from festival events.
Supervisor Graber said all adjacent landowners with whom he had spoken were in favor
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of the permit except for Mr. Rinker. He said no trash or noise complaints were heard from neighbors
of the subject property.
Supervisor Graber moved for approval of the twelve-month outdoor festival permit for
Waveland Farm. Supervisor McCarthy seconded the motion which carried on a roll call vote as
follows:
Blaine P. Dunn No Gene E. Fisher Aye
Shawn L. Graber Aye Robert W. Weds Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter No
PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS
ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING
ARTICLE II SUPPLEMENTARY _ USE REGULATIONS PARKING; BUFFER; AND
REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR
SPECIFIC USES, 4165-204.19 TELECOMMUNICATION FACILITIES, COMMERCIAL --
DENIED
Planning Director Mike Ruddy explained the proposed ordinance amendment saying the
Board of Supervisors had adopted the proposed changes to the telecommunication facilities,
commercial requirements on December 11, 2019, which created a two -track process for review
and approval of commercial telecommunication facilities, He said the Board directed Staff to draft
a subsequent amendment to further allow telecommunications facilities up to 100-feet (FT) in height
in areas of the County located west of Interstate 81 (1-81) under "administrative review eligible"
projects. Mr. Ruddy said the proposed ordinance amendment to Chapter 165 — Zoning Ordinance,
further provides an allowance for certain areas of the County that: for any property located west of
Interstate 81, any structure that is not more than 100 feet above ground level, provided that the
structure with attached wireless facilities is (i) not more than 10 feet above the tallest existing utility
pole located within 500 feet of the structure within the same public right-of-way or within the existing
line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district;
and (N)designed to support small cell facilities is permitted, He noted areas west of 1-81, as
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intended above, include the entirety of the Back Creek and Gainesboro Magisterial Districts and
westernmost portions of the Stonewall Magisterial District, Mr. Ruddy concluded saying the
Planning Commission had recommended denial of the ordinance amendment.
Chairman DeHaven opened the public hearing.
Tammy McDonald, Back Creek District, said internet service in her area is expensive and
slow and asked the Board to allow taller cell towers,
John Owings, Back Creek District, spoke in opposition to the amendment saying the
process to obtain taller towers should remain as a conditional use permit and noted the Planning
Commission had recommended denial.
Tom Stamulis, Back Creek District, spoke in favor of the amendment and cited a 2013
study of broadband availability in the County.
Angela Bean, Gainesboro District, said as a teacher, better internet service is needed in
her area.
Norberto Bernabeu, Stonewall District, spoke in favor of the amendment.
Brad Blase, Gainesboro District, said he just started a home business and spoke in favor
of the amendment,
Matt Pundzak, Gainesboro District, spoke in favor of the amendment saying 100' towers
are needed for better wireless service.
Darin Hockman, Back Creek District, said he started an internet company as a business,
and he spoke in favor of the amendment saying towers need to be taller than 50'
Donald Mercier, Back Creek District, said he represented Virginia Air Networks and spoke
in favor of the amendment allowing 100' towers,
Windra Bowman, Back Creek District, spoke in favor of allowing higher towers. She said
her son is severely disabled and uses a communication device on a computer tablet that requires
access to the internet. She said without the internet, there is no communication with her son,
Leslie Hicks said as a business owner, fixed wireless solutions will be affected if tower
heights are not increased.
Mark Bayliss, Back Creek property owner, spoke in favor of not denying any resident
access to a 100' tower if needed. He cited his service with the Federal Communications
Commission on the Technical Advisory Council saying access to broadband is a big issue.
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271
Sheryl Campbell, Back Creek District, spoke in favor of the amendment.
Richard Copeland, Cainesboro District, asked the Board to vote in favor of the amendment.
Sam Saville, Back Creek District, spoke in favor of the amendment.
John Jewell, Back Creek District, said the if the amendment is passed, neighbors will have
no input on towers taller than 50'. He urged the Board to keep the current process with a conditional
use permit being required for taller towers,
Dana Newcomb of Hunting ridge Road noted the increasing appetite for internet access
and said haphazardly adding cell towers is not the solution.
Tim Regan, Back Creek District, said new towers could possibly assist with emergency
services communications.
Patrick Sowers, Opequon District, said he was speaking on behalf of the Top of Virginia
Builders Association. He said the current conditional use permit process is the appropriate vehicle
to protect property values in rural subdivisions.
An unknown resident of Back Creek District said he is sympathetic to the need but wants
the least problematic solution such as restrictions on where towers are placed. He urged the Board
to keep the conditional use permit requirement.
Richard Mason, Back Creek District, urged the Board to deny the amendment request. He
said the current conditional use permit requirement allows control of things that can be detrimental
to neighbors. He further suggested the fees for a conditional use permit be reduced.
Tara Shostick, Back Creek District, said she was an attorney who had worked in the
telecommunications field. She said removing the public input option by making 100' towers
allowable by -right is not the solution,
Mark Bayliss reiterated his earlier comments.
An unknown resident of the Back Creek District spoke again saying he lives in a subdivision
where residents are unhappy with a tower. He asked the Board to keep the conditional use permit
requirement for 100' towers.
Tom Stamulis, Back Creek District, continued his earlier remarks referencing a loophole
for those operating HAM radio towers, and cited the 2013 broadband study.
Richard Mason, Back Creek District, reiterated his request that the Board maintain the
conditional use permit process for taller towers.
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272
John Jewell, Back Creek District, said the 2013 study is outdated. He said the conditional
use permit process is important for allowing residents to have a voice. He urged the Board to
reduce the fees for conditional use permits for towers.
Chairman DeHaven closed the public hearing.
Supervisor Graber said 100' towers will be a short-term solution and he also wishes to
utilize the existing broadband study. He said he would favor long-term solutions including reducing
the fees for conditional use permits and proposed that towers have a maximum height of 15' above
the tree line.
Supervisor Graber moved that the Board approve the proposed amendment to the
Frederick County Code, Chapter 165 Zoning Article 11 Supplementary Use Regulations; Parking;
Buffer; Regulations for Specific Uses with the following changes: Section B Subsection C shall
include a provision that a tower structure with attached wireless facilities shall not be more than 15
feet above the tree line but shall never exceed 100 feet without a conditional use permit; Section
C Subsection 2- the current conditional use application fee shall be reduced from $7000.00 to
$500.00 for a residential use application and $750.00 for a commercial use application; and
additionally include language stating that the provisions of Subsection B (1)(c) shall only apply to
facilities constructed after February 12, 2020. Supervisor McCarthy seconded the motion.
Supervisor McCarthy discussed the lack of broadband benefits available to many of the
residents in Gainesboro and Back Creek Districts, adding that the Board needs to address the
disparity of service.
Supervisor Fisher noted some residents of the Shawnee District also have no access to
broadband internet service and said he agrees with reviewing the conditional use fees. He said
the changes voiced in the motion on the proposed amendment were inappropriately brought
forward with no time for Board members to review the suggestions,
Chairman DeHaven said changing the cell tower approval process to an administrative
process takes away the voice of the citizens,
Supervisor Dunn and Supervisor McCarthy discussed postponing the matter until the next
meeting.
Supervisor Graber called for the question, The motion to approve the proposed
amendment failed on a recorded vote as follows:
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Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
273
Blaine P. Dunn Aye Gene E. Fisher No
Shawn L. Graber Aye Robert W. Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann -Slaughter No
++++++++++++++
PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS
REZONING #07 -19 FOR GENTLE HARVEST LC.- DENIED
Planning Director Mike Ruddy explained this application to rezone 1,204+1- acres from the
B2 (General Business) District to the B3 (Industrial Transition) District with proffers saying the site
is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive
Plan which identifies this property with commercial land use designation. He said in general, the
existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported
by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be
designed specifically to accommodate and promote highway commercial land uses. He noted that
the site was previously utilized for a restaurant which is now closed and the intended user for this
site is a Discount Tire. Mr. Ruddy said this item was postponed from the Board of Supervisors
January 22, 2020 meeting to allow Staff the opportunity to review proposed new proffers presented
during the meeting. He concluded saying the Planning Commission recommended approval.
Supervisor Fisher said after much consideration, he has concluded the B3 zoning
designation is not appropriate in the B2 area and he moved for denial of Rezoning #07-19.
Supervisor Wells seconded the motion which carried on a recorded vote as follows;
Blaine P. Dunn Aye Gene E. Fisher Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
BOARD LIAISON REPORTS - done
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274
CITIZEN COMMENTS
John Ferguson, Back Creek District, requested the County review allowing tax relief on a
single vehicle for veterans with either 100% disability or 90% disability.
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber moved that Board request the Finance Committee review offering tax
relief on one vehicle for 100% disabled veterans with a cap at $40,000,00. Supervisor Wells
seconded the motion which carried on voice vote.
Supervisor Dunn read a statement encouraging support for various legislative items
pending in the General Assembly,
Supervisor McCarthy moved that the Board request that the Planning Commission consider
reduction of the conditional use permit application fee for cell towers. Supervisor Dunn seconded
the motion which carried on voice vote.
Supervisor Graber moved that the Board direct staff to present to the Planning Commission
amended ordinance language that would increase the civil financial penalty for any person found to
be in violation of the zoning ordinances of Frederick County: the penalty to be the maximum allowed
under Virginia law. Supervisor McCarthy seconded the motion which carried on a recorded vote as
follows:
Blaine P. Dunn Aye
Shawn L. Graber Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
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Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
Gene E. Fisher Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
275
UIWIGIIINT
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 9:50 p.m.
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Minutes Prepared By:
Kris C. Tierney
Cleric, Board of Supervisors
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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County of Frederick, Virginia
276 Board of Supervisors Minutes of February 12, 2020 - Appendix 1
HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS
Friday, January 24, 2020
9:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent
Street on Friday, January 24, 2020 at 9:00 a.m.
ATTENDEES:
Committee Members Present: Blaine Dunn, Chairman; Don Butler; Doug McCarthy; Beth
Lewin; Kim McDonald; and Bob Wells,
Staff present: Kris Tierney, County Administrator; Jay Tibbs, Deputy County Administrator; Rod
Williams, County Attorney; Michael Marciano, Director of Human Resources; Scott Varner,
Director of IT; Jason Robertson, Director of Parks & Recreation; and Jennifer Place, Risk
Manager Budget Analyst.
Others present: None
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. Scott Varner, Director of Information Technology, sought approval to create a "Deputy Director
of Security" position (Range 11) (Exhibit A), The committee recommends approval, 6 in favor &
0 against.
2. Jason Robertson, Director of Parks and Recreation, sought approval to create a "basicREC
Coordinator" position (Range 5) (Exhibit B), The committee recommends approval, 6 in favor &
0 against.
ITEMS FOR INFORMATION PURPOSES ONLY
The Human Resources Committee further discussed the Workers' Compensation Policy and
decided that no substantive changes will be made to the policy. Specifically, the current policy
requires that paid leave benefits will not accrue while the employee is out on a workers'
compensation claim, Additionally, should the employee not have enough paid leave to cover
the difference between the wage replacement benefit and full salary amount, leave without
pay will be used. At a future Human Resources Committee meeting, staff will bring the policy
back with procedural enhancements that further clarify what occurs when an employee is
injured on the job and receives workers' compensation benefits. The committee approved this
approach, 4 in favor & 1 against.
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Blaine Dunn, Chairman
Don Butler
Beth Lewin
Doug McCarthy
Kim McDonald
Robert (Bob) Wells
Byra�� i
M1nu a EROS iviarciano,Resources
Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
277
Board of Supervisors Minutes of February 12, 2020 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday January 22, 2020
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: January 16, 2020
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on January 14, 202. Members present were: Guss
Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Ronald
Madagan, Randy Carter, Chris Fordney, and Mr. Robert Wells (Non -Voting Board Liaison).
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Commission elected Mr. Charles R, Sandy, Jr. as the 2020 Chairman and Mr. Gary
Longerbeam as the Vice -Chairman.
2, 2019 Department Highlights were reviewed and attached as presented. (Attachment
A)
3. The Aquatics Master Plan Committed recommends staff engage a consultant for a
structural assessment of the existing outdoor pools and seek design scenarios and cost
estimates for indoor aquatic facility.
4. The Buildings and Grounds Committee made a motion to seek public input on the
design of Snowden Bridge Park, seconded by Mr. Longerbeam, carried unanimously (8-
0). A public input session will be held January 25, 2020 at the Stonewall Elementary
cafeteria at 6:30 p.m. (Attachment B)
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
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Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
Board of Supervisors Minutes of February 12, 2020 - Appendix 3
PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS
Tuesday, January 28, 2020
8:00 a.m.
107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: J. Douglas McCarthy, Chairman; Robert W. Wells; Gene E.
Fisher; and Harvey E. "Ed" Strawsnyder, Jr.
Committee Members Absent: Whitney "Whit" L. Wagner
Staff and others present: Joe C. Wilder, Director of Public Works; Kris Tierney, County
Administrator; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Mike
Stewart, Senior Project Manager; Erin Swisshelm, Assistant County Attorney
Attachment 1— Agenda Packet
ITEM FOR INFORMATION ONLY
1-Update on Public Works projects.
Staff updated the committee on several on -going projects. The Crossover Boulevard Road
Project is on -going with steel beams being placed this week and into next week for the new
bridge over 1-81. The project is currently ahead of schedule.
The new Frederick County Animal Shelter Training Facility, which will be solely funded by
donated funds, is currently out for bid. Bids are due on February 19, 2020. Once the bids are
received, staff will come back to the committee to request the donated funds be transferred
to begin construction.
2-Update on Sunnyside Plaza and the county office building space needs study.
Currently, our on -call architect, OWPR, Inc. is performing an update on the county space needs
requirements. They are also performing an as -built of the existing building at Sunnyside Plaza
and Marsh & Legge Land Surveyors is performing as-builts of the site and utilities. We
anticipate discussing our findings at the February 25, 2020 Public Works Committee Meeting.
3-Update on the relocation of the Albin Convenience Center.
We anticipate beginning construction of the new site in February. We met with school officials
recently in an effort to coordinate traffic control during construction. The project is fully
funded, and we anticipate completion by early summer 2020.
4-Transfer request for the Frederick County Landfill into Professional Services.
Due to on -going projects at the Frederick County Regional Landfill, we requested a
supplemental appropriation in the amount of $600,000.00 from the landfill unreserved fund
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279
balance into the Professional Services line item 12-4204-3002-00, Multiple project designs and
studies are on -going to evaluate several possible projects at the landfill.
A motion was made by Supervisor Wells recommending approval of the request and to
forward the request to the Finance Committee for further consideration, The motion was
seconded by Supervisor Fisher. The motion was unanimously approved by the committee and
has been forwarded to the Finance Committee.
5-Update on holiday usage at the citizen convenience centers.
Staff gave an update on recent tonnage from the holiday season. We saw an increase in
tonnage of 24% over 2018,
6-Discuss the recycling study performed by SCS Engineers.
Due to continual uncertainty in recycling collections and markets for Frederick County and the
region, we had our on -call consultant, SCS Engineers perform a study of current options
related to recycling. The report focused on the option of utilizing the Frederick County
Regional Landfill as a location for a Materials Recovery Facility (MRF)/recycling collection
center. Also, part of the study evaluated the costs for our current recycling contract with
Apple Valley Waste in Hagerstown, Maryland. The study was performed by Stacey Demers,
Project Director with SCS Engineers. She worked with Gloria Puff inburger, Solid Waste
Manager as well to ensure she got all available data, tonnages, costs and updated information
on our contracts.
In summary of the report, the option to construction a MRF at the landfill would be too costly.
Our current option of hauling recycled materials to Apple Valley Waste is our most economical
option for now. Another possible option that was studied to help cut costs would be for a
private company to open a MRF locally to receive recycled goods. One local company is
attempting to move forward with starting a MRF in our area. We will have to see if that option
materializes.
Currently, increased hauling costs have led to increased budgetary costs for getting the
recycled goods to Hagerstown, Maryland. Staff continues to monitor costs and all available
options but there is not any local MRF's so hauling materials to Hagerstown is our only real
option, at this time. Discussion during the meeting highlighted that this is not just a local
problem, but nationwide.
As we determine what our future options are, Frederick County is required to meet Virginias
mandated 25% recycling rate. Any options that would eliminate or curtail recycling efforts in
the county would impact the county's ability to reach that mandate. SCS Engineers is also
working on the larger Northern Shenandoah Valley Regional Commission (NSVRC) recycling
study that includes all of our local counties, We anticipate that study to be completed by early
March 2020, Once that study is complete, we will update the committee with those results
and determine what our next steps will be.
Minute Book 4S
Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
Respectfully submitted,
Public Works Committee
J. Douglas McCarthy, Chairman
Robert W. Wells
Whitney "Whit" L. Wagner
Gene E. Fisher
Harvey E. "Ed" Strawsnyder, Jr.
By
Joe . Wilder
Public Works Director
JCW/kco
Attachments: as stated
cc: Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Rod Williams, County Attorney
Erin Swisshelm, Assistant County Attorney
file
Minute Book 45
Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
Board of Supervisors Minutes of February 12, 2020 - Appendix 4
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, January 27, 2020
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann -Slaughter, Chairman (Voting), Cordell
Watts (Voting), Gary Oates (Voting), James Racey (Voting) and Lewis Boyer (Liaison
Stephens City).
Committee Members Absent Mark Davis (Liaison Middletown) and Charles DeHaven, Jr.
(Voting).
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary,
ACTION ITEMS
2 Northern Y Project Status: Staff gave a brief overview of the Northern Y funding agreement
between Frederick County and the private partner Glaize Developments. The estimated cost
exceeded what was contemplated in the agreement rising cost to about 6 million dollars based
upon 60% design. In accordance with the terms of the agreement, Glaize has not authorized
the County to continue design of the roadway. Staff asked for guidance on the disposition of
the project, as it cannot move forward without identifying a funding source for the shortfall.
The funds are not eligible for a transfer to another project and without action the funds will
become subject to deallocation in January 2021.
The Committee discussed the options for the project with the lack of funding and unable to use
County funds. It was recommended to cancel the project so the VDOT Revenue Sharing funds
would then go back into the pool, which would make the revenue -sharing pool bigger with the
likelihood of other applications getting approved.
Upon a motion by lames Racey, seconded by Gary Oates the Committee recommended to cancel
the project.
Other
Ed Carter of VDOT gave an update on the Old Charlestown Road Bridge with the plans to install
metal safety gates to deter drivers from using the bridge when there's flooding. The gates would
be installed on the Clarke County side and the Frederick County side. When the water levels
rise, VDOT workers and law enforcement officials will be able to close the gates. VDOT is seeking
concurrence from the County prior to installation.
Upon a motion by, Gary Oates and seconded by James Racey the Committee recommended to
forward a recommendation to the Board of Supervisors forthe installation of the metal gates.
Minute Book 45
Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia
282
ITEMS FOR INFORMATION ONLY:
1-Smartscale Discussion with VDOT: Mr. Terry Short of VDOT joined the meeting by way of a
conference call to discuss with the Committee on SmartScale strategies. Terry suggested to the
Committee to focus more on the immediate needs of the community. This would include
focusing less on maxing out the applications and more focus on maxing out the quality.
Currently, Kimley-Horn and Associates has been hired by the MPO to study the area North of
Winchester at the exit 317 interchange which will provide information to aid in applications.
Also, a STARS (Strategically Target Affordable Roadway Solutions) study is being done for Route
7 (Berryville Ave. & Berryville Pike) from N Pleasant Valley Road to Greenwood Road which is
ongoing. Those study results should be in by the preapplication window in March. John gave an
overview of the preapplication window which will be opening in March with the final
applications due in August 2020. John discussed the current rules allowed for the County which
include four (4) applications and an additional application for qualifying projects through the
(MPO) Metropolitan Planning Organization and Planning District Commission which each get
four (4) applications.
3-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81
Bridge: The construction continues to go well; the bridge beams are scheduled to be set this
week. The schedule for the beam placement and lane closures was communicated through the
news media and social media
4-Renaissance Drive: VDOT has completed their review of the 60% plan and the County's
consultant is addressing the comments. An updated design review agreement has been
received from CSX and is being reviewed by Staff.
5-Upcoming Agenda Items: SmartScale (ongoing discussion and development) and the
MPO Study progress.
Other: Ed Carter, VDOT gave an update on the Oakdale Crossing traffic study that has been
completed. The traffic study revealed no major problems with cut through traffic or speeding
issues. The Traffic Engineering Division of VDOT suggested that crosswalks be installed along
with line painting to help with the issues the residents are having. Those improvements would
cost around 8 thousand dollars and would need to be covered by Frederick County's secondary
allocation for safety. The Committee asked for correspondences to support the suggested
improvements to be forwarded to the Board of Supervisors.
Minute Book 45
Board of Supervisors Regular Meeting of February 12, 2020
County of Frederick, Virginia