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August 12 2020 Regular Meeting Minutes 18 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY,AUGUST 12, 2020 4:00 and 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber; J. Douglas McCarthy; Gene E. Fisher; and Judith McCann-Slaughter; 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; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; John Bishop, Assistant Director of Planning-Transportation; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Senior Planner;Denny Linaburg, Fire Chief, Steve Majchzrak,Assistant Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors, CALL TO ORDER Chairman DeHaven called the meeting to order at 4:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec 2.2- 3711(A)(3) for discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and pursuant to Virginia Code Section 2.2-3711(A)(1), for personnel matters related to a 3 specific candidate for the position of Fire Chief. Supervisor McCarthy seconded the motion. Supervisor Fisher moved to amend the motion to delete the second reason concerning a personnel matter from the motion, and Supervisor Slaughter seconded the motion to amend. Supervisor McCarthy noted his request for the closed session and said it was appropriate to have Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 19 the discussion. Supervisor Dunn concurred. Supervisor Graber said he had background information going back ten years that he wished to provide to the Board in closed session. The motion to amend carried on a roll call vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W.Wells Aye J. Douglas McCarthy No Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye Supervisor Dunn said the Board members try to work together and as a general courtesy should agree to a closed session if one member requests it, Supervisor Graber said it was selfish to enter the closed session on the amended motion and that the Board should be able to discuss all issues. The amended motion to enter the closed session only pursuant to Virginia Code Sec 2.2-3711(A)(3)for discussion of the disposition of publicly held real property,441 Linden Drive, in the City of Winchester, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W.Wells Aye J. Douglas McCarthy No Charles S. DeHaven,Jr, Aye Judith McCann-Slaughter Aye At 5:00 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells,seconded by Supervisor McCarthy and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii)only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor McCarthy seconded the motion which carried as follows on a recorded vote: 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 Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 20 RECESS At 5:02 p.m., Chairman DeHaven recessed the meeting. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Dennis Smith of Valley Bible Church in Stephens City 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 Vice Chairman Wells,the agenda was adopted as presented on a voice vote. CITIZENS COMMENTS Alan Morrison, Gainesboro District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. 3 John Ferraro, Back Creek District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition, Bill Wiley, member of Winchester City Council and candidate for 29th District seat in the Virginia House of Delegates, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Shawn Pugh, Red Bud District, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Debbie Berg, Back Creek District, spoke in favor of the Board passing the Resolution to Honor the 1001h anniversary of the passage of the 19th Amendment granting women the right to Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 21 vote. Theodore Theologis, Stonewall District, spoke in opposition to the adoption of the revised Final Master Plan for the Old Charleston Road Park. He asked that the Board postpone action until his attorney provides additional information regarding his opposition. Brandon Angel, Winchester City resident, spoke in favor of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. ADOPTION OF CONSENT AGENDA--APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented except that the item titled Adoption of Revised Final Master Plan for the Old Charlestown Road Park be tabled. The motion was seconded by Supervisor McCarthy and 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 - Minutes of Closed Session & Regular Meeting of July 8, 2020 -CONSENT AGENDA APPROVAL - Parks and Recreation_Commission Report of July 14, 2020 -CONSENT AGENDA APPROVAL, Appendix 1 - Finance Committee Report of July 15, 2020 -CONSENT AGENDA APPROVAL,Appendix 2 1 -Transportation Committee Report of July 27,2020 -CONSENT AGENDA APPROVAL,Appendix 3 - Public Works Committee Report of July 28, 2020 -CONSENT AGENDA APPROVAL,Appendix 4 - Resolution of Appreciation— F. Dixon Whitworth Jr.-CONSENT AGENDA APPROVAL FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION F.DIXON WHITWORTH,JR, WHEREAS,Mr.Whitworth was appointed to the Commonwealth Transportation Board by Governor Bob McDonnell in September 2012 and while his second term ended June 30th, 2020, he continues to serve until his replacement is appointed;and WHEREAS, as a member of the Connmonwealth Transportation Board, Mr. Whitworth has been consistently open,available,and supportive of local elected leaders and citizens and; WHEREAS,during his tenure,Mr.Whitworth oversaw the implementation of House Bill 2,later renamed the SmartScale prograin,which created a data driven process for the selection of transportation projects for funding;and Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 22 WHEREAS, Mr. Whitworth has exercised extraordinary leadership of the Revenue Sharing program, resulting in its preservation as an important resource to localities;and WHEREAS,Mr.Whitworth's guidance during the implementation of the needs analysis and new funding strearn allocation for I-81 led to localities receiving an equitable share of identified needs and programmed improvements;and WHEREAS,through all of these efforts,Mr.Whitworth oversaw the completion or funding of numerous projects in Frederick County including but not limited to: • Route 277 widening and reconstruction from Exit 307 to Double Church Road and the Aylor Road Realignment + 1-81 widening from Exit 313 to Exit 317 • 1-81 Exit 310 reconstruction • Numerous interchange improvements and upgrades along I-81 • Route 11 North(Southbound)widening from Exit 317 to Route 37 + Snowden Bridge Blvd.from Route 11 North to Milburn Road revenue sharing project • Renaissance Drive from Route 11 South to Prosperity Drive revenue sharing project • Renaissance Drive from Prosperity Drive to Shady Elm Road revenue sharing project • Crossover Boulevard from Route 522 across I-81 to the City of Winchester Revenue Sharing project + Replacement and Capacity improvements to the Exit 313 Bridge • Reconstruction of Sulphur Springs Road • Route 11 Bridge over Cedar Creek NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its most sincere thanks and appreciation to Dixon Whitworth for his devotion to service and dependability and wishes him all the best in his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. + + + + + + t + + + + + t + - Road Resolution—ChriSto Rey Estates—Loretto Drive-CONSENT AGENDA APPROVAL ROAD 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. + + + + + + + t + + + + . . Minute Book 46 Board of Supervisors Regular Meeting of,August 12, 2020 County of Frederick, Virginia 23 - Road Resolution—Twin Lakes Overlook, Phase 9, Section 2-CONSENT AGENDA APPROVAL ROAD RESOLUTION WHEREAS,the streets described on the attached Fonn 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 Deparhnent of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia i Department of Transportation;and + WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive storrnwater 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 TT 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. + + k + + + . . . . + . + + a - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations-CONSENT AGENDA APPROVAL Artisan Plumbing Inc.—$6,253.76 Brian Omps Towing & Repair LLC—$3,660.23 Fernando Nabor Cruz Velasco—$3,807.92 Lease Plan USA, Inc.—$25,297.05 . . + + + + + . + + + + . . -Request to Adopt Revised Fee Schedule for Issuance of Land Disturbance Permits— CONSENT AGENDA APPROVAL RESOLUTION ADOPTING REVISED FEES SCHEDULE FOR ISSUANCE OF LAND DISTURBANCE PERMITS WHEREAS,upon consideration of the Public Works Department's costs of administration of the County's erosion and sediment control program, and to ensure that the County captures the costs of administration of that program,the Board of Supervisors finds that increases in fees for that program are appropriate, as set forth herein;THEREFORE,the Board of Supervisors approves the following fees for the erosion and sediment control program,effective 10-1-2020,pursuant to County Code Section 143-235 Fees. Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 24 Frederick County, Virginia Fee schedule for VSMP/VESCP permits (Effective October 1, 2020) Table 1:Fees for coverage under the VSMP Construction General Permit/VESCP Type of Permit Total Fee Paid Portion to be by Applicant Paid to DEQ VESCP permit fee(all land disturbing activities,excluding individual single $500+ NIA family dwellings) $1001acre VESCP permit fee(land disturbing activities begun without permit,excluding $1,500+ NIA individual single family dwellings) $200lacre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale with land disturbance acreage less than five(5)acres) $290 NIA VESCP permit fee(single family dwellings begun without permit) $580 NIA VESCP single family dwelling re-inspection fee $75 NIA VSMP General I Stormwater Management-Small Construction Activity/Land Clearing(Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) $2,700 $756 VSMP General I Stormwater Management—Large Construction Activity/Land Clearing(Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) $3,400 $952 VSMP General I Stormwater Management—Large Construction Activity/Land Clearing(Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) $4,500 $1,260 VSM P General i Stormwater Management—Large Construction Activity/Land Clearing(Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) $6,100 $1,708 VSMP General I Stormwater Management—Large Construction ActivitylLand Clearing(Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres) $9,600 $2,688 A. Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. + + + + + + + + + + + + + + Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia T� 25 i -Acceptance of the County's Share of Coronavirus Relief Fund Payments-CONSENT AGENDA APPROVAL . . . . . + + + . + + + + + a ADOPTION OF REVISED FINAL MASTER PLAN FOR THE OLD CHARLESTOWN ROAD PARK- POSTPONED + + f + . . + + + + . + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked those who came to speak in support of the Board passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. COUNTY OFFICIALS: COMMITTEE APPOINTMENTS SCOTT STROSNIDER RECOMMENDED FOR APPOINTMENT TO BOARD OF EQUALIZATION —APPROVED Supervisor Slaughter moved to recommend Scott Strosnider for appointment by the Judge of the Circuit Court to a three-year term on the Board of Equalization. The motion, seconded by Vice Chairman Wells, carried on a voice vote. JUDITH MCCANN-SLAUGHTER AND DIANE KEARNS RE-APPOINTED AND PHILIP HAINES APPOINTED TO THE CONSERVATION EASEMENT AUTHORITY—APPROVED Supervisor McCarthy moved to reappoint Judith McCann-Slaughter and Diane Kearns and to appoint Philip Haines to three-year terms on the Conservation Easement Authority. The motion, seconded by Supervisor Graber, carried on a voice vote. BRANDON MONK APPOINTED TO THE LFCC BOARD—APPROVED Supervisor Graber moved to appoint Brandon Monk to fill an unexpired four-year term LFCC Board. The motion, seconded by Supervisor Dunn, carried on a voice vote. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1010 County of Frederick, Virginia 26 ELIZABETH KOZEL APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY — APPROVED Supervisor Fisher moved to appoint Elizabeth Kozel to a four-year tern on the Winchester Regional Airport Authority.The motion,seconded by Supervisor McCarthy,carried on a voice vote. RESOLUTION RECOGNIZING THE 100TH ANNIVERSARY OF WOMEN'S RIGHT TO VOTE - APPROVED Supervisor Dunn moved for approval of a resolution recognizing the 100th anniversary of the passage of the 19th Amendment to the U. S. Constitution. The motion seconded by Supervisor McCarthy 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 RESOLUTION RECOGNIZING THE 100TH ANNIVERSARY OF WOMEN'S RIGHT TO VOTE WHEREAS an organized movement to enfranchise women began in July 1848,at a convention in Seneca Falls,New York; WHEREAS through the efforts of brave and courageous women referred to as suffragists who sacrificed family,their personal life and their financial resources for over seventy years to gain equal rights for women,especially the right to vote; WHEREAS women and men,of every race and creed,supported the woman's suffrage movement for women to gain the constitutional right of having a voice in making the laws that govern them; WHEREAS the woman's suffrage movement led to the passage of the 191 Amendment to the Constitution of the United States in 1919,with ratification of the last state necessary on August 26, 1920; WHEREAS women today constitute a majority of voters in the nation and are running for office in higher numbers and more active in the election process than ever before in history; NOW,THEREFORE,BE IT RESOLVED,that the I00th anniversary of women gaining the right to vote in the United States is recognized by the Frederick County Board of Supervisors for the impact these historic accomplishments have on citizen engagement and the civic life of the community,the state,and the nation. BE IT FURTHER RESOLVED that August 2020 be declared Women's Suffrage Month in Frederick County. + + + + + + + + + + . . + + RESOLUTION TO NOT REGULATE OR PROHIBIT THE OTHERWISE LEGAL PURCHASE, POSSESSION,OR TRANSFER OF FIREARMS OR AMMUNITION—APPROVED Supervisor Dunn moved for approval of a resolution to not regulate or prohibit the otherwise Minute Book 46 Board of Supervisors Reguiar Meeting of August 02, 2010 County of Frederick, Virginia 27 legal purchase, possession, or transfer of firearms or ammunition. The motion seconded by Supervisor Graber, 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 1RESOLUnON WHEREAS,we the Board of Supervisors, of Frederick County,Virginia affirm our commitment to uphold the constitutionally protected rights of all of our law-abiding citizens and law-abiding visitors to Frederick County;and, WHEREAS,the Frederick County Board of Supervisors previously passed a resolution dated December 11,2019 reaffirnvng our commitment to uphold and protect the right of our citizens to keep and bear anus;and, WHEREAS,certain Iegislation has been passed in the Virginia General Assembly that allows localities to,by ordinance,ban otherwise lawfully possessed and transported firearms from certain public spaces, causing law-abiding citizens to be exposed to a patchwork of local ordinances as they travel throughout our Commonwealth;and, WHEREAS,the Frederick County Board of Supervisors acknowledges the significant economic contribution made to our community by tourists and visitors and does not wish to discourage travel to Frederick County;and, WHEREAS,Frederick County wishes to welcome all law-abiding citizens who wish to live in,visit,or otherwise participate in the economy of our community,including those citizens and visitors who choose to legally carry a firearm for personal protection;and, WHEREAS,the Frederick County Board of Supervisors does not wish to infringe on the rights of the law-abiding citizens of,or visitors to,Frederick County to keep and bear anus;and, WHEREAS,we the Frederick County Board of Supervisors,as the lesser magistrates of our Commonwealth,on behalf of the citizens of Frederick County,express our continued opposition to any law that would unconstitutionally restrict the natural rights of our law-abiding citizens and visitors to, Frederick County to keep and bear anus. NOW,THEREFORE,BE IT RESOLVED by the Board of Supervisors of Frederick County Virginia: That the Frederick County Board of Supervisors hereby declares that we shall not exercise any authority granted to us by§ 15.2-915(E)of the Code of Virginia to regulate or prohibit the otherwise legal purchase,possession,or transfer of firearms or ammunition. Furtbennore,the Frederick County Board of Supervisors hereby declares that to create uniformity within the Commonwealth of Virginia,§ 15.2- 915(E)of the Code of Virginia and all other restrictive gun legislation enacted this year should be immediately repealed. f . . . . . + + + + + + ,t + LETTER OF SUPPORT FOR LOCATING NATIONAL GARDEN OF AMERICAN HEROES IN FREDERICK COUNTY—APPROVED Supervisor Graber moved that staff be directed to compose a letter of support to the Secretary of the Interior for Frederick County being the location for the proposed National Garden of American Heroes. Vice Chairman Wells seconded the motion which carried on a voice vote. Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 28 + + + . + + . . . . . . . . RESOLUTION CONSENTING TO THE FILING OF A CONDITIONAL USE PERMIT APPLICATION FOR A UTILITY-SCALE SOLAR POWER GENERATING FACILITY ON RIGHTS-OF-WAY WITHIN THE SPRINGDALE GLEN AND CARROLLTON ESTATES SUBDIVISIONS -APPROVED Supervisor McCarthy moved for approval of the resolution consenting to the filing of a conditional use permit application for a utility-scale solar power generating facility on rights-of- way within the Springdale Glen and Carrollton Estates subdivisions. Supervisor Graber 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 RESOLUTION CONSENTING TO THE FILING OF A CONDITIONAL USE PERMIT APPLICATION FOR A UTILITY-SCALE SOLAR POWER GENERATING FACILITY ON RIGHTS-OF-WAY WITHIN THE SPRINGDALE GLEN AND CARROLLTON ESTATES SUBDIVISIONS WHEREAS,Frederick County has received a conditional use permit application(the "Application")for a utility-scale solar power generating facility(the"Solar Facility")on approximately 957 acres,generally located along Passage Road(Route 648),Marlboro Road(Route 631),and Springdale Road(Route 649),west of the CSX rail corridor and partially within the limits of the Town of Stephens City;and WHEREAS,among the parcels that the Application includes are the entirety of the Springdale Glen(Tax Parcel Numbers 74-7-1 through 74-7-12)and Carrollton Estates(Tax Parcel Numbers 74-5-1 through 74-5-52)Subdivisions(the"Subdivisions"),which are owned by the Applicants for the Application;and WHEREAS,the Subdivisions,which are presently unbuilt,also include various unbuilt road rights-of-way(the"Rights-of-Way"),which have been dedicated to Frederick County pursuant to applicable law;and WHEREAS,operation of the Solar Facility would require the use of the parcels within the Subdivisions,which parcels are owned by private party applicants,and of the Rights-of-Way,which are owned by the County by virtue of their previous dedication,but only the private party applicants are parties to the Application;and WHEREAS,the Applicants for the Application also desire to include the Rights-of-Way as part of the Application,subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application;and WHEREAS,the Applicants for the Application need the consent of the Board of Supervisors to include the Rights-of-Way in the Application,subject to the vacation of the Subdivisions in the event of and subsequent to the approval of the Application; NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors consents to the filing of the Application to include,in part,the Rights-of-Way,subject to and expressly conditioned,however,upon. Minute Book 46 Board of Supervisors Regular Meeting o f August 12, 2020 County of Frederick, Virginia 29 the vacation of the Subdivisions,in the event the Board approves the Application and adopts a condition as part of any such conditional use permit,to the effect that the conditional use permit shall not be effective unless and until the vacation of the Subdivisions is approved and recorded. . + * + + + f + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard;the Sheriff requests a General Fund supplemental appropriation in the amount of$2,512.31. This amount represents an auto claim reimbursement; and the Public Works Director requests a General Fund supplemental appropriation in the amount of $1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. Supervisor Graber 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050.This amount represents traffic control reimbursements. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General f=und supplemental appropriation in the amount of$13,756.06($2,014.16 pending receipt of funds).This amount represents reimbursements from the IRS for overtime and travel. Supervisor i McCarthy seconded the motion which carried on a recorded vote as follows: Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1010 County of Frederick, Virginia 30 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 Supervisor Slaughter moved for approval of the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID- 19 for the November 2020 federal elections only. In addition, a consensus to submit the certification to receive the funds is requested. Supervisor McCarthy 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 Supervisor Slaughter moved for approval of the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election, Vice Chairman 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 PUBLIC HEARINGS (NON-PLANNING ISSUES) TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF CANAAN SPRINGS LLC AND ABIGAIL LINABURG -APPROVED County Administrator Tierney explained the applicant currently has also applied for a conditional use permit for an event facility, but the process has been delayed because outside reviewing agencies were unable to inspect the site during the pandemic. He said the matter of the Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1010 County of Frederick, Virginia 31 conditional use permit would be on the Planning Commission agenda next week and before the Board in September. Deputy County Administrator Tibbs noted that the Twelve Month permit is based on a calendar year and would therefore expire in December. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber spoke on behalf of the facility and moved for approval of the permit. Vice Chairman Wells seconded the motion. Supervisors Dunn and McCarthy discussed the application noting that the applicant had scheduled events before knowing whether the conditional use permit would be granted. Supervisor Graber said the applicant had not intended to be asking for a twelve month permit because without the pandemic the conditional use permit would have been decided on before these events were confirmed. The motion carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L.Graber Aye Robert W.Wells Aye J. Douglas McCarthy No Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye AMENDMENT TO THE 2020.2021 FISCAL YEAR BUDGET-APPROVED Mr. Tierney explained the funds received by the County through the Coronavirus Aid, Relief and Economic Security(CARES)Act including Coronavirus Relief Funds(CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. He said the funds must be spent by December 30, 2020. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving the Amendment to the 2020-2021 Fiscal Year Budget, and Supervisor McCarthy seconded the motion. Supervisor Dunn said the funds are tax dollars that should not be spent just because they are there,but should be spent only if truly necessary. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W.Wells Aye Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 32 J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS,the U.S.Congress passed and the president recently signed the Coronavirus Aid,Relief,and Economic Security(CARES)Act of 2020;and WHEREAS,localities were allocated funding from the CARES Act through multiple sources,but primarily from the Coronavirus Relief Fund(CRF)allocations which the Commonwealth of Virginia allocated to localities based on population;and WHEREAS,CRF funds may be used for qualifying expenses to cover costs that 1)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19);2)were not accounted for in the budget most recently approved as of March 27,2020(the date of enactment of the CARES Act)for the State or local government;and 3)were incurred during the period that begins March 1,2020,and ends on December 30,2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction(Middletown and Stephens City);and WHEREAS,agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia;and WHEREAS,Pursuant to Title 15.2,Chapter 25,Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents Coronavirus Aid,Relief and Economic Security(CARES)Act Coronavirus Relief Funds(CRE)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED,estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year,but shall remain appropriated until the completion of the project or until the Board of Supervisors,by appropriate resolution,changes or eliminates the appropriation. BE IT FURTHER RESOLVED,CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. + + + + + + + + . + + . + . AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 7 ELECTIONS SECTION 7R3 CENTRAL ABSENTEE VOWING PRECINCT—APPROVED Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving the Amendment to the Frederick County Code, Chapter 7 Elections, Section 7-3 Central Absentee Voting Precinct, and Vice Chairman Wells seconded the motion. Supervisor McCarthy moved to amend the motion adding that it pertain only to the Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2420 County of Frederick, Virginia 33 November 2020 election. The motion to amend 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 The amended motion 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 ORDINANCE August 12,2020 The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts)of Chapter 7(Elections)of the Code of Frederick County,Virginia be,and the same hereby is,amended by enacting an amended Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts)of Chapter 7(Elections)of the Code of Frederick County,Virginia, as follows and to take effect immediately(addition is shown in bold underline): CHAPTER 7 Elections ARTICLE I Magisterial Districts § 7-3 Central Absentee Voting Precinct. The Central Absentee Voting Precinct for all elections is to be held at 107 North Kent Street (County Administration Building), Winchester, Virginia, in a first-floor conference room,and,for the November 2020 election,at 261-263 Sunnyside Plaza Drive(in Sunnyside Plaza),Winchester,Virginia. + + + . + + . f + + + + + f PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT#04-20 FOR ROBERT S. BLANKINSHIP ET AL.—APPROVED Mark Cheran, Zoning & Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 70-foot telecommunication facility and accessory structure. He said should the Board of Supervisors find i the use to be appropriate, the Planning Commission recommended the following conditions: k 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 2010 County of Frederick, Virginia 34 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4.Any expansion or modification of this use will require a new Conditional Use Permit Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of Conditional Use permit#04-20 for Robert S. Blankinship. Supervisor McCarthy 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 ORDINANCE CONDITIONAL USE PERMIT#04-20 ROBERT S.BLANKINSHIP,ETALS WHEREAS,CONDITIONAL USE PERMIT APPLICATION#04-20 was submitted by George P.Hughes on behalf of Robert S. Blankinship to construct a commercial telecommunication facility consisting of a 70-foot commercial telecommunication facility and accessory structure was considered. The property is located at 100 Archwood Trail,Winchester,Virginia and is further identified with Property Identification Number 491303-123-215 in the Back Creek Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July 1,2020 and recommended approval of this Conditional Use Pennit; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on August 12,2020;and, WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit Application#04-20 for a commercial telecommunication tower consisting of a 70-font commercial telecommunication facility and accessory structures on the parcel identified with Property Identification Number 491303-123-215 is approved with the following conditions: 4 1.All review agency comments and requirements shall be complied with at all times. 2.The tower shall be available for collocating personal wireless service providers. 3.The tower shall be removed by the Applicant or Property Owner within twelve(12)months of abandonment of operation. 4.Any expansion or modification of this use will require a new Conditional Use Permit. Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 35 + + + + + + . * + + + . . . UPDATE OF THE 2020.2029 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS —APPROVED John Bishop, Assistant Director of Planning-Transportation, introduced the draft update of the 2020-2021 Frederick County Primary and Interstate Road Improvement Plans. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved to adopt the resolutions for the Interstate and Primary plans as presented. Supervisor McCarthy 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 2020-2021 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Connnittee recommended approval of this plan on July 27,2020;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recotrunended approval of this plan at their meeting on August 5,2020;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public heating on the proposed Plan,after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List;and, WHEREAS,the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Interstate Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore,the Frederick County Board of Supervisors hereby approves the 2020-2021 Interstate Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on August 12,2020 Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1010 County of Frederick, Virginia 36 2020-2021 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on July 27,2020;and, WHEREAS,the Frederick County Planning Commission held a public healing and recommended approval of this plan at their meeting on August 5,2020;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan,after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and reconnnendations concerning the proposed Plan and Priority List;and, WHEREAS,the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2020-2021 Primary Road Improvement Plan appears to be in the best interest of the citizen of Frederick County and the Interstate Road System in Frederick County; and therefore,the Frederick County Board of Supervisors hereby approves the 2020-2021 Primary Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on August 12,2020. + t + + + + + + + + + + + . PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS REQUEST TO SET PUBLIC HEARING-ORDINANCE AMENDMENT—DAY-CARE FACILITIES —APPROVED Tyler Klein, Senior Planner, reviewed the Planning Commission's request to have a public hearing on the proposed amendment of the definition of day care facilities. The Board and staff discussed the request and the type of facilities included in the definition. Supervisor McCarthy moved to forward the matter to public hearing by the Planning Commission with the definition added to all zoning districts. Supervisor Dunn 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 RESOLUTION DIRECTING TITE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 37 ARTICLE I GENERAL PROVISIONS;AMENDMENTS;AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS 165-101.02—DEFINITIONS AND WORD USAGE WHEREAS,an ordinance to amend Chapter 165,Zoning to amend the definition contained in§165-101.02 Definitions and word usage for"Day-Care Facility";and WHEREAS, the proposed changes expand the Zoning Ordinance definition for "Day-Care Facility" to include the care,protection and guidance of adults in addition to children; and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their June 25,2020 regular meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on August 5,2020 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 12,2020. WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare,and good zoning practice,directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to expand the definition for"Day-Care Facility"to included"adult-care." + + + + + + + + f + + + + + BOARD LIAISON REPORTS- None CITIZEN COMMENTS Mark Stepongzi, Jr-, Gainesboro District, thanked the Board for passing the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted the proposal for a joint meeting with the School Board and suggested that staff poll the members for possible dates in the latter half of October. Supervisor Fisher requested that staff send to the Governor a copy of the Resolution to Not Regulate or Prohibit the otherwise Legal Purchase, Possession, or Transfer of Firearms or Ammunition. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1010 County of Frederick, Virginia 38 ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Graber, the meeting was adjourned at 8:30 p.m. Charles S. DeHaven,Jr. Kris C.Tierney Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 39 Board of Supervisors Minutes of August 12, 2020 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday August 12,2020 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: July 15,2020 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on July 14, 2020. Members present were Natalie Gerometta,Gary Longerbeam, Charles Sandy,Jr.(electronically), Ronald Madagan,Guss Morrison,Amy Strosnider, Dennis Grubbs,and Mr. Robert Wells (Non-Voting Board Liaison). Members absent- Randy Carter t ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: I The Building and Grounds Committee made a motion to adopt a revised final master plan for the Old Charlestown Road Park, seconded by Amy Strosnider,carried unanimously(7-0). Revisions resolve previous committee comments. (Attachment 1). ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommended requesting a supplemental appropriation from the Finance Committee in the amount of$1005 which represents donations received to the PLAY Fund during FY 20 and dispersed to the appropriate revenue lines which represents financial assistance provided to County youth to participate in a variety of programs and activities. 2. The Building and Grounds Committee made a motion to recommend language for a policy regarding the maintenance of park open space adjoining RP(Residential Performance) zoned properties, seconded by Amy Strosnider,carried unanimously(7- 0). This language would include mowing twice a month twelve feet from the property line. 3. The Building and Grounds Committee made a motion to have staff provide an interpretative flora program at Rose Hill Park, seconded by Natalie Gerometta,carried unanimously(7-0). (Attachment 2). 4. The Building and Grounds Committee made a motion to accept the concept of a children's play garden at Rose Hill Park by the Virginia Master Naturalists organization, seconded by Amy Strosnider,carried unanimously(7-0). (Attachment 3). Minute Book 46 Board of Supervisors Regular Meeting of/August 12, 2020 County of Frederick, Virginia 44 S. The Buildings and Grounds Committee made a motion to continue disallowing banners to be displayed at the athletic fields as proposed by FCALL,seconded by Dennis Grubbs,carried unanimously(7-0). fi. The Buildings and Grounds Committee made a motion to restrict Class 2 E-Bikes on the Sherando Park Mountain Bike Trails,seconded by Natalie Gerometta,carried unanimously(7-0). Cc: Charles R.Sandy,Chairman Robert Wells, Board of Supervisors'Non-Voting Liaison Minute Book 46 Board of supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 41 Board of Supervisors Minutes of August 12, 2020 - Appendix 2 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 15,2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,July 15,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman;Charles DeHaven; Robert Wells;Jeffrey Boppe;and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher, Commissioner of the Revenue. Committee Member Absent: Angela Rudolph-Wiseman. Staff present: Cheryl Shiffler, Finance Director;Sharon Kibler,Assistant Finance Director; Kris Tierney, County Administrator,Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney;Joe Wilder, Public Works Director;Chester Lauck, Deputy Emergency Management Coordinator; Lenny Millholland,Sheriff; and Richard Venskoske,Vater Registrar. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: { J items 1,2 and 7 were approved under consent agenda. 1. (1)The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p.4. 2. (I)The Sheriff requests a General Fund supplemental appropriation in the amount of $2,512.31. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p.5—6. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$16,050. This amount represents traffic control reimbursements. No local funds required. See attached memo, p.7—8. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of$13,756.06 ($2.014.16 pending receipt of funds). This amount represents reimbursements from the IRS for overtime and travel. No local funds required. See attached information, p.9. The committee recommends approval, Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick Virginia 42 5. The Director of Elections requests a General f=und supplemental appropriation in the amount of $74,301. This amount represents CARES Act funding from the Department of Elections for expenses related to COVID-19 for the November 2020 federal elections only. In addition,a consensus to submit the certification to receive the funds is requested. The certification is due July 31,2020. No local funds required. See attached information, p.10-13. The committee recommends approval. 6. The Director of Elections requests a General Fund su lemental appropriation in the amount of $94,577. This amount represents funds necessary to meet the anticipated increase of voters exercising No Excuse Early Voting for the November 2020 Election. Local funds are required. See attached memo, p. 14—15. A portion of these expenses may be eligible for CARES Act funds, but until more guidance is issued that amount is undetermined at this time. The committee recommends approval. 7. (1)The Public Works Director requests a General Fund supplemental appropriation in the amount of$1,650. This amount represents a grant awarded from The Department of Housing and Community Development to support virtual training for required certifications. No local funds required. See attached information,p.16—19. ITEMS NOT REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. A public hearing advertisement and subsequent CARES Act Fund sup]i lemental appropriation in the amount of$7.792,215 is requested. This amount represents Coronavirus Relief Funds(CRF) allocated from the State's receipt of Coronavirus Aid, Relief,and Economic Security(CARES)Act of 2020 to aid localities with the direct impact of the COVID-19 pandemic. No local funds required,and unspent funds must be returned. See attached information,p.20—29. The committee recommends approval to advertise the public hearing. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for June 2020. See attached, p.30—32. 2. Fund balance information will be provided after the County closes FY20. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 2010 County of Frederick, Virginia 43 Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Robert Wells Jeffrey Boppe By ChewyB. Sh y Cheryl B.Shiffler, Finance Director Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 44 Board of Supervisors Minutes of August 12, 2020 - Appendix 3 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,July 27, 2020 8:30 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting)Gary Oates (Voting),James Racey(Voting) and Cordell Watts (Voting). Committee Members Absent Mark Davis (Liaison Middletown)and Lewis Boyer (Liaison Stephens City). Staff Present:Assistant Director-Transportation John Bishop, and Shannon Conner, Administrative Assistant. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 2-Interstate and Primary Road Plans Discussion:Staff discussed the prepared updates to the Interstate and Primary Road Plans draft. The changes are minor at this time but discussed some of potential options for the expansion for the future updates for the Committee's consideration. Changes would be to update the language for Exit 317 to a more general description that will adequately address the fact that multiple improvements are being sought, and clarify the need for improvements to existing Exit 307, as well as,the desire for the eventual relocation of Exit 307, and for the Primary Plan would be to remove the first Segment of the Route 277 improvements since that is now beginning construction. Until the State has their updates of the revenue projections the County cannot proceed with the Secondary Road Plan update. It was a consensus of the Committee that Staff investigate priority setting procedures in other localities for a future discussion item. Upon a motion by, Charles DeHaven,Jr. and seconded by, Gary Oates the Committee recommended to forward the Interstate and Primary Road Plans with changes to the Board of Supervisors for recommendation of approval. ITEMS FOR INFORMATION ONLY: 1-SmartScale Resolution and Discussion: Staff updated the Committee on the status and progress of the Smartscale applications for the County projects. The Resolution of Support has been adopted by the Board of Supervisors. Staff gave a brief overview of the Regional Smartscale applications forthe following projects: Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2010 County of Frederick, Virginia 45 Frederick County Proiects Exit 317 NB Ramp Realignment to Redbud Rd Location Route 11—Shawnee Improvement Route 11 Corridor and Old Charlestown Road Roundabout Route 7 STARS Improvements Win-Fred MPO-Applications Exit 317 Interchange Improvement Project Valley Pike/Shawnee Drive Intersection Improvements Route 11/Old Charlestown Roundabout Route 7 STARS Access Management Projects Northern Shenandoah Valley Regional Commission Route 7 STARS Improvements The Application deadline has been extended to August 17, 2020. 3-Old Charlestown Road and Woods Mill Road Traffic Concerns Discussion:Supervisor McCann-Slaughter was contacted with concerns of growing traffic volumes on Old Charlestown Road and Woods Mill Road as the Snowden Bridge Development continues to build out. The primary concern is the width and geometry of the existing roadways with additional traffic. The roadway is currently not on the list for secondary upgrades. The County is seeking the ability to work with VDOT on this. John presented some"numbers" and showed mapping of the road. He noted,Staff will be in contact with VDOT again. 4-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge:The bridge deck final pour has been completed along with a temporary sign is now up. The completion date is September 2021. Renaissance Drive:Staff has received CSX comments on the design and is in the process of responding to those comments. Also,Staff is meeting with neighboring property owners regarding easements for drainage and rights of way. VDOT has not heard anything on the project. 5-Other Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick, Virginia 46 Board of Supervisors Minutes of August 12,_2020 - Appendix 4 Public Works Committee Report Tuesday,July 28, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET,WINCHESTER,VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy;Whitney"Whit" L.Wagner; Harvey E. "Ed" Strawsnyder,Jr.; and Gary E. Longerbeam Committee Members Absent: Gene E. Fisher; Robert W. Wells Staff and others present:Joe C.Wilder, Director of Public Works; Kris Tierney,County Administrator; Rod Williams, County Attorney; Kevin Alderman,Shawneeland Manager;Scott Varner, IT Director;Jay Tibbs, Deputy County Administrator; Gloria Puffin burger,Solid Waste Manager; Ron Kimble, Landfill Manager; Mike Stewart,Senior Project Manager; Kathy Whetzel,Animal Shelter Manager; Holly Grim,Assistant Animal Shelter Manager Attachment 1—Agenda Packet ITEMS REQUIRING ACTION 1- Request to adopt revised fee schedule for issuance of land disturbance permits. In response to a recent request from the Board of Supervisors,staff has developed an updated fee schedule for the issuance of Virginia Erosion and Sediment Control Permits (VESCP).This new fee will supplement our current fee structure for the issuance of stormwater permits. Due to increasing demand for more VESCP inspections,the Board of Supervisors funded another fulltime environmental inspector position in FY 2021. Our program is regulated by the Department of Environmental Quality(DEQ)who recently performed an audit inspection of our program to ensure it complies with state standards for VESCP. It imperative we continue to increase the amount of weekly inspections on new development to ensure our program stays in compliance with state standards. The revised fee schedule also allows us to charge new fees for reinspection of sites and charge higher fees to projects that begin without having county and state permits.The additional fees we collect will help us fund the new position.We anticipate the revised fee schedule will increase our revenue from $50,000-$75,000 more per year. Therefore,committee member Strawsnyder made a motion to recommend approving the revised fee schedule as submitted. The motion was seconded by committee member Wagner. The committee unanimously approved the motion. This recommendation will be sent to the Board of Supervisors for consideration and approval by resolution as stated in County Code Chapter 143-235. Fees ITEMS FOR INFORMATION ONLY 1-Request for Animal Shelter appropriation from donated funds for spay/neuter. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 2020 County of Frederick, Virginia 47 As shown in the agenda packet attachment 1,the Animal Shelter requests that$20,000 from the reserve fund line item 10-240-2501 to be placed in Pune item 10-4305-3001-01,to spay/ neuter shelter animals during FY 2021. Therefore,committee member Strawsnyder made a motion recommending this request. The motion was seconded by committee member Wagner. The committee unanimously recommended the motion. This request shall be sent to the Finance Committee for further consideration. 2-Carry forward request for a grant in the Refuse Collection Budget. As shown in the agenda packet attachment 2,we request that grant funds totaling$2,495 in line item 10-4203-5412-01 be carried forwarded from FY 2020 into FY 2021 to support environmental education programs. Therefore,committee member Strawsnyder made a motion recommending this request.The motion was seconded by committee Wagner.The committee unanimously recommended the motion.This request shall be sent to the Finance Committee for further consideration. 3-Update on impacts to Recycling/Solid Waste from the Covid 19 pandemic. Staff has provided a detailed summary of the current impacts as shown in the agenda packet attachment 3. 4-Carry forward request for multiple line items in the landfill budget. As shown in the agenda packet attachment 4, staff is recommending carry forward requests in multiple line items in the landfill budget to complete on-going projects totaling$1,327,298. Therefore,committee member Strawsnyder made a motion recommending this request.The motion was seconded by committee member Wagner.The committee unanimously recommended the motion.This request shall be sent to the Finance Committee for further consideration. 5-Discuss Shawneeland staffing. Recently, a motor equipment operator position became vacant due to a termination. Funding for the position is allocated in the current budget. However,due to concerns regarding revenue collections during the recent FY 2021 budget process and ongoing uncertainty with the Covid pandemic,staff determined it would be prudent to discuss this unfilled position with the public works committee prior to deciding a direction on whether to fill the slot or hold off till a later time. Due to the recent absence of this operator,some of the normal workload has not been able to get completed.The committee also had concerns about staff shortage during the winter months for snow and ice removal operations.After some discussion, it was determined that as staff, we can make final decision on whether to fill this position or not. We will evaluate our year end fund balance in the upcoming month and try to project our future revenues. We will then determine in the early Fall whether we will fill this vacant position or choose to reduce some services and not fill the position until a later time. Minute Book 46 Board of Supervisors Regular Meeting of August 11, 1020 County of Frederick, Virginia 48 6-Update on Public Works projects. Work at the new Albin Citizen Convenience Center is finishing up.The site work has been completed and the new compactor units should be finished in the upcoming week. We are waiting on the new fence and gates to be installed in the upcoming weeks.We anticipate that the new site can be opened in August. We are planning to have a grand opening ceremony for the facility as well. Work continues at the Crossover Boulevard road project.The bridge will be completed in the next couple of months and base paving operations should begin in the next week or two.The contractor is also working on improvements along the Route 522 and Airport Road intersection. Even though project completion is not until September 2021,the project should be almost complete by end of the calendar year. Work continues at the landfill on our next MSW landfill cell, Phase 3, Cell A.We anticipate having the site at base grades by the end of calendar year. We may construct the new landfill liner system during calendar year 2021 so that its completed and ready for use in the near future. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W.Wells Whitney"Whit" L.Wagner Gene E. Fisher Harvey E. "Ed"Strawsnyder,Jr. Gary E. Longerbeam B Y Joe ACWilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney,County Administrator Jay Tibbs, Deputy County Administrator Rod Williams,County Attorney Kevin Alderman,Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of Supervisors Gloria Puff inburger,Solid Waste Manager Ron Kimble, Landfill Manager Kathy Whetzel,Animal Shelter Manager file Minute Book 46 Board of Supervisors Regular Meeting of August 12, 2020 County of Frederick,Virginia