November 12 2020 Regular Meeting Minutes 137
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
THURSDAY, NOVEMBER 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; Robert W. Wells, Vice
Chairman; Blaine P. Dunn;Shawn L. Graber;Judith McCann-Slaughter;J. Douglas McCarthy; and
David D, Stegmaier 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;
Andrew Farrar, IT Program Coordinator; Mike Ruddy, Director of Planning; Candice Perkins,
Assistant Director of Planning; Tyler Klein, Senior planner; Missi Neal, Purchasing Manager; and j
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 Ross Halbersma, New Hope Alliance Church delivered the invocation.
PLEDpI OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
APOPTION OF AGENDA—APPROVED
In light of the Applicant's request for postponement of Rezoning #06-19 Winchester
Medical Center, Supervisor McCarthy moved for adoption of the agenda with this item being
removed. The motion, seconded by Supervisor Graber, carried on a voice vote.
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CITIZENS COMMENTS—None
ADOPTION OF CONSENT AGENDA APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion
was seconded by Supervisor McCarthy and carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L.Graber Aye Robert W.Wells Aye
Judith McCann-Slaughter Aye Charles S. DeHaven,Jr. Aye
J. Douglas McCarthy Aye
- Minutes of Regular Meeting of October 28, 2020 -CONSENT AGENDA APPROVAL
- Minutes of Joint Work Session with Frederick Water of October 28,2020 -CONSENT AGENDA
APPROVAL
- Minutes of Work Session of November 5 2020 -CONSENT AGENDA APPROVAL
-Transportation Committee Report of October 26,2020- CONSENT AGENDA APPROVAL,
Appendix 1
- Public Works Committee Report of October 27, 2020 - CONSENT AGENDA APPROVAL,Appendix 2
- Road Resolution - Round Hill Crossing— Route 803 Relocation—CONSENT AGENDA APPROVAL
RESOLUTION BY THE
l~REDERICK COUNTY BOARD OF SUPERVISORS
§33.2-705& §33.2-912—Addition to Secondary Route,
Discontinuance&Abandonment with Replacement Road
The Board of Supervisors of Frederick County, in regular meeting on the 12th day of November 2020,
adopted the following:
WHEREAS,the project sketch and VDOT Form(s)AM4.3,attached and incorporated herein as part of this
resolution, define adjustments required in the secondaiy system of state highways as a result of
construction,and
WHEREAS, a portion of Route 803 has been realigned and a new segment constructed to standards equal
to the Virginia Department of Transportation's Secondary Street Acceptance Requirements as a requisite
for acceptance for maintenance as part of the Secondary System of State Highways;and
WHEREAS, the Virginia Department of Transportation has inspected this street and found it to be
acceptable for maintenance; and
NOW, THEREFORE, BE IT RESOLVED, this Board hereby request the Virginia Department of
Transportation to take the necessary action to abandon those segments identified on the attached Form
AM4.3 and project sketch as part of the secondary system of state highways,pursuant to , 33.2-912, Code
of VrrgM a,and
BE IT FURTHER RESOLVED,this Board hereby requests the Virginia Department of Transportation to
add and maintain the segments identified on the incorporated Form AM4.3 and project sketch to the
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i
secondary system of state Highways,pursuant to, ¢33.2-705, Code of Vbgjnr`a,and
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
* . . . * . + + . . . t .
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted his request eight months ago for a joint meeting with the School
Board to discuss issues of concern.
Vice Chairman Wells noted that the School Board had offered some potential meeting
dates but that no agreement on a meeting date had been reached.
COUNTY OFFICIALS:
PRESENTATION BYK_EVEN M. WALKER, ,SHENANDOAH VALLEY BATTLEFIELDS
FOUNDATION CHIEF EXECUTIVE OFFICER
Keven Walker, CEO of the Shenandoah Valley Battlefields Foundation, provided an
overview of the operations and programs offered by the Foundation.
Supervisor Dunn encouraged users of the Battlefield to refrain from littering to keep the
property clean.
DATES PROPOSED FOR_A JOINT MEETING WITH THE ECONOMIC DEVELOPMENT
AUTHORITY -
By consensus, the Board agreed to schedule a joint meeting with the Economic
Development Authority on January 93, 2029, at 5:30 p.m., immediately prior to the regular Board
of Supervisors meeting.
COMMITTEE BUSINESS
DECISION ON DISPOSITION OF OLD ALBIN CITIZENS CONVENIENCE CENTER
Supervisor McCarthy moved that the Board authorize the sale of the decommissioned old
Albin Citizens Convenience Center property now that the new center is open and operating.
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Supervisor Graber seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye
J. Douglas McCarthy Aye
. . . + + . . . . . . . + .
PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
2035 COMPREHENSIVE PLAN AMENDMENT, NORTHEASTERN LAND USE PLAN (NELUP)
—SEWER AND WATER SERVICE AREA SWSA BOUNDARY LIMIT ADJUSTMENTS FOR
TWO ADDITIONAL AREAS WITH EXISTING INDUSTRIAL LAND USE DESIGNATIONS. -
APPROVED
Assistant Planning Director Candice Perkins reviewed the proposed addition of two areas
previously discussed as part of the overall adjustments to the boundary of the SWSA for the NELUP
by the Comprehensive Plans and Programs Committee (CPPC) and the Planning Commission.
She said the first area is located west of Interstate 81 and is adjacent to the VDOT rest area and
the second area is located west of 1-81, north of Cedar Hill Road and both areas are shown with a
future industrial land use designation by the NELUP. She concluded saying these additions would
increase the SWSA boundary by approximately 308-acres and were recommend for approval by
the Planning Commission.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for approval of 2035 Comprehensive Plan Amendment,
Northeastern Land Use Plan (NELUP)— Sewer and Water Service Area (SWSA) Boundary Limit
Adjustments for Two Additional Areas with Existing Industrial Land Use Designations. Supervisor
Graber seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D.Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye
J. Douglas McCarthy Aye
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RESOLUTION
RESOLUTION TO APPROVE SEWER AND WATER SERVICE AREA(SWSA)BOUNDARY
ADJUSTMENTS FOR THE NORTHEAST FREDERICK LAND USE PLAN(NELUP)OF THE 2035
COMPREHENSIVE PLAN(EXPANSIONS AND REDUCTIONS)AND ADOPTION OF TEXT FOR
APPENDIX I FOR THE NORTHEAST FREDERICK LAND USE PLAN(NELUP)
WHEREAS,The 2035 Comprehensive Plan,The Plan,was adopted by the Board of Supervisors on January
25,2017;and
WHEREAS,this amendment would result in boundary adjustments for two areas of the Sewer and Water
Service Area(SWSA)of the Northeast Land Use Plan(NELUP),resulting in an increase of the SWSA by
308-acres. The first area is located west of interstate 81 and is adjacent to the VDOT rest area and the
second area is located west of I-81,north of Cedar Hill Road. Both areas are shown with a future industrial
land use designation by the NELUP;and
WHEREAS,The Board of Supervisors discussed this item at their October 14,2020 meeting and sent these
two areas proposed for inclusion in the SWSA boundary, totaling 308 acres, forward for public hearing;
and
WHEREAS, The Planning Commission held a public hearing for this item at their November 4, 2020
meeting and recommended approval;and
WHEREAS,The Frederick County Board of Supervisors held a public hearing for this item at their regular
meeting on November 12,2020;and
WHEREAS, The Frederick County Board of Supervisors finds the approval of boundary adjustments to
the Sewer and Water Service Area (SWSA) of the Northeast Land Use Plan (NELUP) of the 2035
Comprehensive Plan,to include 308-acres into the SWSA boundary for two areas,to be in the best interest
of the public health,safety,welfare and future of Frederick County,and in good planning practice;and
NOW, THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors, that the Sewer
and Water Service Area (SWSA) boundary of the Northeast Land Use Plan (NELUP) of the 2035
Comprehensive Plan, be expanded to include 308-acres for two areas; the first area is located west of
Interstate 81 and is adjacent to the VDOT rest area and the second area is located west of I-81, north of
Cedar Hill Road. Both areas are shown with a future industrial land use designation.
. . . . + + . . + . . . . .
PLANNING COMMISSION BUSINESS w OTHER PLANNING BUSINESS
REZONING#06.19 WINCHESTER MEDICAL CENTER- POSTPONED UNTIL DECEMBER,9
2020
At the Applicant's request, this item was postponed Until December 9, 2020.
DISCUSSION: DRRC-ORDINANCE AMENDMENT BACKYARD CHICKENS IN THE RP
DISTRICT --FORWARDED TO PUBLIC HEARING
Senior Planner Tyler Klein provided background on the citizen request for a text
amendment allowing single-family detached (SFD) lots 15,000 square feet (SF, or 0.34-acres) or
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greater to have up to a maximum of six(6)chickens by-right, He said roosters, guinea fowl,turkeys
and peacocks would be prohibited by this allowance and additionally, single-family attached lots
(townhomes or duplexes), multi-family buildings, and lots less than 15,000 SF would be prohibited
from keeping chickens. He said this amendment would also apply to lots of 15,000 SF or greater
in the R4(Residential Planned Community) and R5 (Residential Recreational Community) Zoning
Districts as they also follow the RP District"Allowed Uses" list.
The Board and staff discussed the definition of a structure for chickens, fees, penalties for
violations, enforcement, and other jurisdictions that have permitted chickens in residential areas.
Vice Chairman Wells said he wished to see the matter moved forward to public hearing.
Chairman DeHaven said chickens should not be permitted in high density residential
areas,
Supervisor Dunn proposed that chickens be permitted on a trial basis for a year to see if
any problems surfaced,
Supervisor Graber said some constituents have asked the Board to allow chickens and
they should be allowed to use their property as they see fit.
Supervisor McCarthy said backyard chickens have been successful in neighboring
localities and in Europe and he supported forwarding the request to public hearing. He moved the
request be forwarded to public hearing and Supervisor Graber seconded the motion.
Supervisor Dunn noted his proposal that chickens be permitted on a trial basis.
Supervisor Stegmaier said he was not in favor of holding a public hearing on the request.
The motion to forward the matter to public hearing carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier No
Shawn L. Graber Aye Robert W.Wells Aye
Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. No
J. Douglas McCarthy Aye
BOARD LIAISON REPORTS- None
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3�
CITIZEN COMMENTS
Tiny Tang of Fairfax County addressed the Board Members and requested that they pass
a resolution raising awareness of the persecution in China of Falun Gong practitioners including
forced organ harvesting. She was joined at the podium by Chunyan Wang whom she identified as
having been imprisoned and tortured and whose husband she said was murdered by the Chinese
authorities.
Alex Wang of Fairfax County discussed ongoing atrocities in China including forced organ
harvesting. He said Frederick County residents should be concerned and should know that if they
seek organ donation from China, they may be receiving organs taken from an innocent person. He
asked that Board to pass a resolution to raise consciousness about the matter.
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber referenced the two previous speakers saying he will bring forth a
resolution similar to those passed by the Fairfax County and Loudoun County Boards. He noted
the recent work session discussion of the radio system RFP saying he had concerns about the
County's consultant and wished to have a second opinion of the Committee's recommendation.
Supervisor McCarthy referenced the speakers' comments about persecution in China
saying they are a reminder of the freedoms enjoyed by Americans, He thanked all veterans and
their families for the sacrifices made to preserve those freedoms,
Supervisor Stegmaier said he was excited to be on the Board and be part of a team of
excellence serving an extraordinary constituency. He requested the Board consider including a
statement in the legislative agenda opposing the legalization of recreational marijuana. By
consensus, the Board agreed to do so. Supervisor Stegmaier requested the Human Resources
t
Committee revisit the County's policy regarding holidays. Supervisor Dunn said the topic would be
on the Committee's agenda at the meeting the next morning.
Supervisor Dunn noted his meeting with Miss Tang saying if the Board approves a
resolution to raise awareness of China's forced organ donations, he will take it to the next legislative
level. He noted his concerns about the radio system RFP process.
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ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was
adjourned at 8;12 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
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Board of Supervisors Minutes of November 12, 2020 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, October 26, 2020
8:30 a.m.
1.07 NORTH KENTSTREET, WINCHESTER,VIRGINIA
ATTENDEES:
Committee Members Present:Judith McCann-Slaughter,Chairman (Voting),Gary Oates
(Voting),James Racey(Voting).
Committee Members Absent Mark Davis (Liaison Middletown) Charles DeHaven, Jr.
(Voting) and Cordell Watts (Voting) Lewis Boyer(Liaison Stephens City).
Staff Present:Assistant Director-Transportation John Bishop and Kathy Smith,Secretary.
ITEMS FOR INFORMATION ONLY:
1--Route 7 STARS Study Update: Staff gave a brief overview to the Committee on the status
and progress of the Route 7 STARS (Strategically Targeted Affordable Roadway Solutions)Study
that is being completed by Michael Baker and utilizing MPO resources. The STARS study is for
improvements on small projects for a low cost. The area being discussed is at the Greenwood
Road Interstate to Pleasant Valley Road in the City of Winchester. The study showed a lot of
crashes around the Valley Mill Road and 181 corridor area. Also, the study showed that in the
area of Millbrook Drive and First Woods Drive that those roadways are going to work better
together with a focus on the left turn lane into Millbrook Drive,while removing the left turn lane
at First Woods Drive into the school with the opposite being done on the other side of the
roadway with no left turn at Blossom Drive and Millbrook Drive any longer. This study gave Staff
what was needed for one of the Smartscale applications, even though it did not give the results
for some of the larger applications. The study is in the process of being finalized.
2—Sheriffs Office Request for Speed Signs: The Sheriff's Department has asked the Committee
for consideration to be able to procure electronic speed signs through VDOT funds for safety
projects in Frederick County. These electronic speed signs would be attached to the existing
speed limit signs in areas of concern to increase driver awareness of their speed. The sign would
display the actual speed and flashing a strobe if the speed is exceeded. The signs would also
gather traffic and speed data while in place. The cost of the units would be approximately
$2559.00 per unit and any required maintenance would be the responsibility of the Sheriff's
Department. After much, discussion the Committee unanimously agreed to procure up to six
electronic speed signs.
3-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-
81 Bridge: The recent work has been focused on the Roundabout as well as the intersection of
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Route 522, Crossover Boulevard and Airport Road. This has caused some temporary lane
closures as the project has progressed.
Renaissance Drive: The most recent round of comments has been received from CSX and VDOT.
Staff and the engineer will have a follow up meeting scheduled with CSX and their consultant
AECOMM on October 27, 2020 to discuss possible alternatives.
4-Other:Capital Improvement Program: Discussion at the next meeting.
Project Prioritization Discussion:Continuing the discussion in the next few months.
VTrans Update: The VTrans is ongoing with VDOT with a statewide plan update again. This is
important to the County as they are the gatekeeper for the Smartscale applications for funding.
The Committee was updated on an issue with incorrect stripping at Old Charlestown Road that
was quickly corrected once the contractor was contacted by VDOT. Also, Staff is working with
VDOT on a concern for the crosswalks due to the increased pedestrian's traffic at the Jordan
Springs Elementary along Elyfoot Drive. The crosswalk improvements are planned to start this
week per VDOT.
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Board of Supervisors Minutes of November 12, 2020 - Appendix 2
Tuesday, October 27, 2020
8:00 a,m.
Board of Supervisors Meeting Room
107 NORTH KENT STREET, WINCHESTER,VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES: i!
Committee Members Present:J. Douglas McCarthy; Whitney "Whit" L,Wagner; Harvey E. "Ed"
Strawsnyder,Jr.; Gene E. Fisher; and Gary E. Longerbeam
Committee Members Absent: Robert W. Wells
Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County
Administrator; Erin Swisshelm,Assistant County Attorney; Kevin Alderman, Shawneeland
Manager;Jay Tibbs, Deputy County Administrator; Ron Kimble, Landfill Manager;Dale
Ballenger, Landfill Operations Manager
Attachment 1—Agenda Packet
ITEMS REQUIRING ACTION
1- Discuss disposition of the old Albin Citizens Convenience Center.
Recently,we opened the new Albin Citizen Convenience Center at the old bus shop property
on Indian Hollow Road. The 0.88-acre site where the old site was located is no longer needed
by the Public Works Department. After some discussion with the committee members,the
best option is to attempt to sell the subject property. We have interest from several people
who have approached us about buying the property.
Therefore, committee member Ed Strawsnyder made a motion to sell the subject property as
is except for removal of equipment. The motion was seconded by committee member Whit
Wagner. The motion was unanimously approved by the committee. The motion will be sent
to the Board of Supervisors for further consideration.
ITEMS FOR INFORMATION ONLY
1-Update on the new Albin Citizens Convenience Center.
Recently,we opened the new Albin Citizens Convenience Center located at the old bus shop
along Indian Hollow Road. Since its opening, staff has received lots of positive feedback about
the new site. We have much larger capacity, more room for traffic to flow, increased access to !
recycling facilities, etc. The original project budget was$1,600,000.00. Final costs forthe
project was just over$1,250.00.00.
2-Update on the solid waste survey.
See the summary and spreadsheet attached to the agenda packet.
3-Discuss development of a large storage building at the Stephenson Convenience Center.
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There has been an on-going need to have a large storage building for much of the equipment
for our refuse collection staff who manage all of Frederick County's citizen convenience
Centers. We would like to construct an approximately 30x60 pre-manufactured metal building
on our existing concrete slab at the Stephenson Convenience Center. Currently,we are using
multiple small storage buildings to store all the equipment(i.e. mowers, snow blowers,
trailers, hand tools, etc.) in these small buildings. We have had some vandalism and thefts of
equipment at this site. In the past,we have attempted to find funds to build this storage
building but to no avail.
We requested to the committee about using some leftover funds from the Albin Convenience
Center project. We are anticipating about$80,000 being left over from that project that could
be used to fund this storage building project. Previously,the recommendation from the board
was that all unspent funds from the Albin Convenience Center project would be returned to
the general fund.
Therefore, committee member Ed Strawsnyder made a motion to recommend using up to
$60,000 from the refuse collection budget line item 10-4203-8900-00 Improvements Other
than Buildings to construct a new building. The motion was seconded by Supervisor Gene
Fisher. The committee unanimously approved the motion. The recommendation will be
forwarded to the Finance Committee for further consideration. Again, no additional funds are
needed,just seeking board approval to use the unspent funds to construct the building.
4-Discuss design and improvements at the Gore Convenience Center.
Currently,the Gore Convenience Center uses multiple 8-yard cans for disposal and there is no
compactor at this site. As part of the CIP,the Core site improvements have been discussed for
several years. We informed the committee that staff will move forward with designing a new
site layout that incorporates using a single trash compactor. This will greatly improve capacity
at the site and reduce hauling cost with less trips needed to empty the unit. We will include
costs for these improvements in the Fiscal Year 2022 budget.
5-Update on Crossover Boulevard.
We showed the committee a recent video recorded by aerial drones showing updated
progress on the road and bridge construction.
6-Update on the new Environmental Inspector position and fee increase for land disturbance.
Recently,we were given the go ahead to advertise and hire a new Environmental Inspector for
the Engineering Department. We are currently advertising for the position and hope to have
someone on staff by the beginning of December. Also,we enacted the new land disturbance
permit fee schedule on October 1St which will provide additional funding for this new position.
7-Update on landfill projects-new cell development.
We updated the committee that we will have base grades completed for the new 10-acre
MSW landfill cell, Phase 3, Cell A by the end of 2020. Therefore,we are planning to construct
a new landfill liner system for this 10-acre cell during 2021. We also updated the committee
that we have recently re-started the Household Hazardous Waste program and e-cycle events.
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8-Update on the Shawneeland budget and current paving project.
Recently,we have completed a tar and chip paving project on approximately 10 miles of roads
within Shawneeland. With reduced costs for paving,we saved approximately$80,000.00 in
the budget. We also updated the committee on budget preparations forthe upcoming Fiscal
Year 2022 budget. We are anticipating developing two budget scenarios. One budget with the
tar and chip paving program and one without the paving program to save funds in the short
term. We also updated the committee that we recently had Charlie Monroe who is the
Maintenance Operations Manager for the Edinburg Residency of the Virginia Department of
Transportation. We asked VDOT to offer suggestions and look at our operation to ensure we
are using the latest recommended methods and keeping cost in check(see attached e-mail).
He indicated that staff are doing a good job of maintaining road and recommends we keep
doing the same into the future.
(Attachment 2)
9-Update on Fiscal Year 2022 budgets.
We updated the committee that we have begun the budget preparation process for Fiscal Year
2022. We have scheduled our budget meeting with the Public Warks Committee for Tuesday,
December 1, 2020.
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
By
Joe . Wilder
Public Works Director
JCW/kco
Attachments: as stated
cc: Kris Tierney, County Administrator
Jay Tibbs, Deputy County Administrator
Erin Swisshelm,Assistant County Attorney
Kevin Alderman,Shawneeland Manager
Cheryl Shiffler, Finance Director
Ann Phillips, Deputy Clerk to the Board of Supervisors
Gloria Puffinburger, Solid Waste Manager
Ron Kimble, Landfill Manager
file
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