March 11 2020 Regular Meeting Minutes307
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 11, 2020
7,00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENQEE�
Board of Supervisors: Charles S, DeHaven, Jr., Chairman; Blaine P, Dunn; Gene E. Fisher;
Shawn L. Graber; 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 Vacchlo, Public Information Officer;
Mike Ruddy, Director of Planning and Development; John Bishop, Assistant Director of Planning
and Development -Transportation; 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
Supervisor Dunn delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA ® APPROVED
Upon motion of Supervisor Dunn, seconded by Supervisor Graber, the agenda was
adopted a voice vote with the addition of remarks by Dr. Colin M. Greene of the Lord Fairfax Health
District concerning the Coronavirus pandemic.
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CORONVIRLIS INFORMATION PRESENTATION
Colin M. Greene MD, of the Lord Fairfax Health District provided an update on the current
Coronavirus pandemic.
CITIZENS COMMENTS
Ruth Perrine, Back Creek District, asked that the residents of Shawneeland have a chance
to provide input on the Shawneeland Sanitary District budget prior to the County's budget being
finalized.
Micah Jacobs, Back Creek District, agreed with the previous speaker.
Lynn Schmitt, Back Creek District, said the Shawneeland Sanitary District budget should
be returned to the Public Works Committee in order for the residents to be able to provide input.
Brian Schmitt, Back Creek District, said the Shawneeland budget has not been balanced
for five years because of personnel and operating costs. He advocated for the community having
a chance to provide input on the budget,
Jeff Stevens, Back Creek District, said he is on the Shawneeland Sanitary District Advisory
Committee and believes the personnel costs in the budget account for too large a proportion.
Eds Coleman, Gainesboro District, spoke on behalf of adjacent property owners of the
subject property in Rezoning #06-19 saying his clients do not want their access restricted by
Winchester Medical Center.
Jimmy Smith, Back Creek District, said he is Chairman of the Shawneeland Sanitary
District Advisory Committee. He said the Advisory Committee was happy with the budget last fall,
but the Public Works Committee recommend changes including a fee increase in December. He
said it would be a positive thing for the residents to keep the same service levels with no increase
as is currently proposed by Public Works Committee and staff.
ADOPTION OF CONSENT AGENDA — APPROVED
Upon motion of Supervisor Graber, seconded by Supervisor McCarthy, the consent
agenda was adopted with the removal of the Public Works Committee report on a recorded vote
as follows;
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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
- Minutes of Joint Budget Work Session of February 26, 2020 - CONSENT AGENDA APPROVAL
- Minutes of Regular Meeting of February 26, 2020 - CONSENT AGENDA APPROVAL;
- Minutes of Called Meeting of March 5. 2020- CONSENT AGENDA APPROVAL
- Transportation Committee Report of February 20, 2020 - CONSENTAGENDAAPPROVAL
- Meeting_ Schedule Adjustment for June, July, August, November, and December 2020 -
CONSENT AGENDA APPROVAL
- Concurring Resolution Regarding a Financing by the Northwestern Community Services
Hoard - CONSENT AGENDA APPROVAL,
WHEREAS, the Northwestern Community Services Board (the "NWCSB") was created pursuant to
Chapter 5, Title 37.2 of the Code of Virginia (1950), as amended, by resolutions of the City Council of
the City of Winchester, Virginia (the "City") and the Boards of Supervisors of Frederick County, Clarke
County, Shenandoah County, Page County, and Warren County, Virginia (collectively, the "Counties"), -
and
WHEREAS, the NWCSB has represented to the County of Frederick that it desires to borrow up to Four
Million Dollars ($4,000,000) with a bridge loan with BB&T (Trust) then a permanent loan with the
United States Department of Agriculture (USDA) funding, in part, the acquisition., construction,
renovation, improvement and equipping of certain property located in Frederick County, Virginia, to be
used, for an Outpatient Behavioral Health program and the payment of the financing costs therefore; and
WHEREAS, Virginia Code Section 37.2-504(l 1) requires the authorization of the City Council of the
City and the Boards of Supervisors of the respective Counties before the NWCSB may borrow money.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK
COUNTY VIRGINIA, AS FOLLOWS:
1. The County hereby endorses the financing plans of the NWCSB, including a bridge loan with
BB&T (Trust) and then a permanent loan with the United States Department of Agriculture (USDA)
2. To the extent required by law, if at all, the County hereby endorses and further approves any
necessary or appropriate actions of the NWCSB to affect such financing.
3. Approval of this Resolution in no way constitutes any authorization for debt to be incurred on
behalf of Frederick County and no debt incurred pursuant to this resolution sball in any way constitute
any obligation of full faith and credit, or otherwise, of Frederick County.
This Resolution shall be effective immediately,
- Resolution in Support.of the 2020 Census - CONSENT AGENDA APPROVAL
WHEREAS the U.S. Census Bureau is required by the U.S. Constitution to conduct a count of the
population and provides a historic opportunity to help shape the foundation of our society and play an active
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role in American democracy;
WHEREAS Frederick County Virginia is committed to ensuring every resident is counted;
WHEREAS federal and state funding is allocated to communities, and decisions are made on matters of
national and local importance based, in part, on census data;
WHEREAS census data helps determine how many seats each state will have in the U.S. House of
Representatives and is necessary for the accurate and fair redistricting of state legislative seats, county and
city councils and voting districts;
WHEREAS information from the 2020 Census and American Community Survey are vital tools for
economic development and increased employment;
WHEREAS the individual information collected by the census is confidential and protected by law;
WHEREAS a united voice from business, government, community -based and faith -based organizations,
educators, media and others will enable the 2020 Census message to reach more of our citizens;
NOW, THEREFORE, BE IT RESOLVED that Frederick County Virginia is committed to partnering with
the U.S. Census Bureau and the State of Virginia and will,
1, Support the goals and ideals for the 2020 Census and help disseminate 2020 Census information.
2. Encourage all County residents to participate in events and initiatives that will raise the overall
awareness of the 2020 Census and increase participation.
3. Support Census advocates speaking to County and Community Organizations.
4. Support census takers as they complete an accurate count in our County,
S. Support all efforts to achieve a complete and accurate count of all persons within our borders.
- Resolution Proclaiming National Telecommunicators Week - CONSENT AGENDA APPROVAL
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical
services; and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone the Frederick County Department of Public
Safety Communications Center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and
firefighters by monitoring their activities by radio, providing them information and ensuring their safety;
and
WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed
substantially to the apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during
the performance of their job in the past year.
NOW THEREFORE BE ITRESOLVED, that the Board of Supervisors of Frederick County,
Virginia does hereby proclaim the week of April 12-18, 2020 to be National Telecommunieator°s Week in
Frederick County, in honor of the men and women whose diligence and professionalism keep our county
and citizens safe,
...+.+.... ...
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy said as Chairman of the Public Works Committee that there was no
intention to be devious on the part of the Committee. He said the Committee would not have done
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anything to betray the residents of Shawneeland,
Supervisor Wells said he chaired the Public Works Committee in the absence of Supervisor
McCarthy and there was no intention to undermine the residents. He said it is normal that no public
comment be taken at Committee meetings.
Supervisor Dunn spoke about the joint meeting with the School Board held the previous
week. He said he hoped the Boards could schedule a follow-up meeting for more discussion,
Supervisor Graber said he was also interested in another meeting with the School Board.
He discussed his understanding from Supervisor McCarthy that Shawneeland residents would
have input at a Public Works Committee meeting prior to the budget being finalized.
COUNTY OFFICIALS;
INTRODUCTION AND PRESENTATION BY DR. KIM BLOSSER OF LORD FAIRFAX
COMMUNITY COLLEGE
Dr. Kim Blosser was introduced by Mike hake of the Lord Fairfax Community College Board
of Directors. She provided a brief overview of the current status and activities at the college.
COMMITTEE APPOINTMENTS
KIMBERLY DODD AND RONALD SHICKLE REAPPOINTED TO BOARD OF EQUALIZATION
-APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Wells, Kimberly S. Dodd and
Ronald V. Shickle were each reappointed to the Board of Equalization for a three-year term ending
December 31, 2022.
ARTHUR KEARNS APPOINTED TO TOURISM BUREAU BOARD OF DIRECTORS —
APPROVED
On motion of Supervisor Dunn, seconded by Supervisor Graber, Arthur Kearns was
appointed to the Tourism Bureau Board of Directors to fill an unexpired term ending June 30, 2022,
This Board action concurred In the joint appointment of the City of Winchester's Council on March
9 0, 2020,
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...+.*.**.....
COMMITTEE BUSINESS
TRANSPORTATION COMMITTEE
BRIDGE CLOSURE FOR RECONSTRUCTION - BACK CREEK ROAD ROUTE 704 -
ACCEPTED
Assistant Planning Director -Transportation John Bishop reviewed the VDOT proposal
for bridge reconstruction on Route 704.On motion of Supervisor Graber, seconded by Supervisor
McCarthy, the bridge closure plan was accepted on a voice vote.
PRE -APPLICATIONS FOR THE NEXT ROUND OF SMARTSCALE - APPROVED
Assistant Planning Director -Transportation John Bishop reviewed the Transportation
Committee's recommendation for the next round of SmartScale applications. Supervisor Slaughter
moved that the Board authorize Staff to proceed with the following SmartScale pre -applications:
1. Modified Round three (3) Application at Exit 317: Interchange improvement realigning
the northbound ramp and increasing the northbound & southbound turn lane capacities;
2. Improvement Project at Route 11/Shawnee Drive/Opequon Church Lane; and
3. Roundabout Improvement Project at Old Charlestown/Route 11.
Supervisor McCarthy seconded the motion which carried on a voice vote.
PUBLIC WORKS COMMITTEE REPORT OF FEBRUARY 25 2020 — ACCEPTED Appendix 1
Supervisor Graber moved for acceptance of the Public Works Committee report with the
caveat that the Shawneeland budget recommendation be returned to the Public Works Committee
to allow input from the Shawneeland Advisory Committee. Supervisor McCarthy seconded the
motion.
County Administrator Kris Tierney expressed concern for changing the budget this late in
the process. The Board discussed the ability to advertise the proposed tax increase and still having
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the opportunity to adjust the budget before it is adopted, It was agreed the Public Works Committee
will seek comment from the Advisory Committee. The motion carried on a roll call vote as follows;
Blaine P. Dunn Aye Gene E. Fisher No
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann -Slaughter No
PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS
REZONING #t}6.19r W1NCH_ESTER MEDICAL CENTER, INC. -DENIED
Planning Director Mike Ruddy explained the proposed minor proffer amendment for minor
text revisions and revisions to the approved Generalized Development Plan (GDP) associated with
Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical
Support) Districts with proffers. He said the approved GDP labeled individual land bays with
specific uses and the Applicant proposes to remove the uses shown on the proffered GDP to allow
for potential alternative development. He added the Applicant is also proposing to remove proffer
3 from the landscape design features which required a landscaped roundabout because the
internal road system has already been constructed.
Mr. Ruddy concluded saying the impacts associated with the change of use are very
limited. He said the Planning Commission did not identify any concerns with the request and
recommended approval of the application at their December 18, 2019 meeting, and noted that the
Board of Supervisors discussed this item on January 8, 2020, and postponed the item until January
22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no
charge or is intended to be sold. He continued saying that following the January 8th meeting, the
Applicant removed all references on the GDP to access for the adjacent property to Botanical
Boulevard. He said the proposed rezoning application remains unchanged from the January 22nd
meeting.
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Ty Lawson, representing Winchester Medical Center, spoke about the application saying
there is no reference to access of the adjacent properties,
Supervisor McCarthy and Mr. Lawson discussed the question of whether the Applicant
intends to charge the adjoining property owners for access through the subject property. Mr,
Lawson maintained that all such decisions would be made by the Medical Center Board based on
the specifics of the request.
Supervisor Dunn and Mr, Lawson also discussed whether access would be granted and if
any fee might be charged with Mr. Lawson saying his answer is the same as what he told
Supervisor McCarthy,
Supervisor McCarthy moved to deny Rezoning #06-19 for Winchester Medical Center,
Supervisor Slaughter seconded the motion.
Supervisor Fisher and Mr. Lawson discussed whether more time would assist in
determining the question of charging the adjoining property owners for access with Mr, Lawson
saying without knowing the specific plans for the properties, additional time will not be of help.
The motion for denial carried on a recorded vote as follows:
Blaine P. Dunn Aye Gene E. Fisher Aye
Shawn L. Graber No Robert W. Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
BOARD LIAISON REPORTS
Supervisor Fisher provided an update on the Winchester Regional Airport.
CITIZEN COMMENTS
Jason Croasdale, Back Greek District, said he is on the Shawneeland Advisory Committee
and reiterated the concerns about the budget and specifically the lack of a balanced budget.
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Alan Morrison, Gainesboro District, referenced a three-year old article in the Winchester
Star about the County budget process. He said the budget lacks efficiency and is filled with
requests that are beyond reason.
Ruth Perrine, Back Creek District, complimented the County's efforts in sending the
electronic newsletter and reminders of meetings by email.
Cathy Longerbeam discussed the possibility of a citizen liaison committee handling the
lawsuit against the big pharmaceutical companies,
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber proposed developing a policy on how sanitary districts are managed.
Supervisor Graber expressed concern with the County's debt. He said the debt could be
reduced by cutting the proposed budget and putting revenue from the five -cent tax increase toward
reducing principal amounts, He discussed the School Board's budget and the desire to have another
joint meeting with the School Board.
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 918 p.m.
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Minutes Prepared By:
Kris C.Tierney
Clerk, Board of Supervisors
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Minutes of Board of Supervisors Meeting of March 11, 2020 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, February 24, 2020
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann -Slaughter, Chairman (Voting), Gary Oates
(Voting), James Racey (Voting) and Lewis Boyer (Liaison Stephens City).
Committee Members Absent Mark Davis (Liaison Middletown) Cordell Watts (Voting)
and Charles DeHaven, Jr. (Voting).
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1-Bridge Closure for Reconstruction -Back Creek Road (Route704): Ed Carter, VDOT discussed
the request, to close and detour Back Creek Road (Route 704). The closure would last
approximately four (4) months with the detourto be five (5) miles an approximately 180 vehicles
per day. The detour of five (5) miles would be inconvenient to the local traffic with the closure.
However, this will be less costly and time consuming than installing a temporary bridge. The
project is in the design phase with no projected start date.
Upon a motion by, Gary Oates and seconded by, James Racey the Committee recommended to
forward the closure of Back Creek Road (Route 704) to the Board of Supervisors for
recommendation of approval.
3- Smartscale Discussion with VDOT: Terry Short, VDOT, joined the meeting via
teleconference giving an overview of the changing environment of SmartScale, as well as,
applications for the next round of SmartScale.
Staff recommended the following SmartScale Applications for the next round:
1. Modified Round three (3) Application at Exit 317 NB Ramp, including dual NB/NB left
turn lanes, dual receiving lanes on NB on -ramp
2. Shawnee/Opequon Intersection Improvement Project*
3. Old Charlestown/Route 11 Roundabout*
(The signalization that is scheduled to be installed in late Spring or early Summer is
only going to be a temporary fix),
Win Fred MPO on behalf of Frederick County/CityCounty/City of Winchester intends to make
application for the following ro'ects High Priority Program (HPP):
1. Major interchange improvement project at Exit 317
2. Shawnee/Opequon Intersection Improvement Project*
3. Route 7 STARS Improvements
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-2-
NSVRC intends to make application for „the following:
1, Old Charlestown/Route 11 Roundabout*
2. Potential additional Route 7 Stars application
Applications with an "*" are intended to ultimately apply under the HPP only.
The SmartScale pre -application window will be opening in March with the final applications due
in August. The current rules allow the County four(4) applications and additional four (4)
applications for qualifying projects through the Metropolitan Planning Organization and the
Regional Planning District Commission. After much discussion the Committee agreed with
Staff's recommendation of the proposed SmartScale applications. The Committee will be kept
updated on the progress.
Upon a motion by, Gary Oates and seconded by, James Racey the Committee recommended
that the Board authorize Staff to proceed with pre -applications.
ITEMS FOR INFORMATION ONLY:
2-Metropolitian Planning Organization iMPO) Project Update: The Committee was updated
on the Route 11 North Exit 317 and the Route 7 STARS area study that are being completed
through the MPO, Staff gave an overview of the upcoming public input for the Route 11 North
study. Forthe study, VDOTwill be using an online visual survey company known as Metro Quest.
The survey responses will be important so that the collected data can be inputted for the
SmartScale applications. The County will utilize social media and news releases to get the
information out to the public once the survey goes live.
4-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81
Bridge: Bridge beams have been placed and the project is continuing to move forward.
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 has been reviewed by Staff.
5-Upcoming Agenda Items: SmartScale (ongoing discussion and development), MPO Study
progress and awaiting the memo for the Oakdale Crossing Traffic Calming Study that was
discussed at the January Transportation Committee Meeting.
Other: VDOT gave a brief update on the Old Charlestown Road intersection signalization. VDOT
has received preliminary engineering plans that showed the road improvements, however, it did
not show the traffic signals, comments will be forwarded to the engineering firm to revise the
plan to include all the improvements. The Snowden Bridge Development will be responsible for
all stages of the installation with VDOT's approval. The signal is tentatively scheduled to be
installed in late Spring or early Summer.
Minute Book 45
Board of Supervisors Regular Meeting of March It, 2020
County of Frederick, Virginia