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HomeMy WebLinkAboutJune 9 2021 Closed Session and Regular Meeting Minutes 392 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 9, 2021 6:00 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;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; Wyatt Pearson, Planning Director; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak, Fire Chief; Joe Wilder, Director of Public Works; Rich Venskoske, Director of Elections/General Registrar; Mike Marciano, Director of Human Resources; Scott Varner, Director of information Technologies; Cheryl Shiffler, Finance Director; Joe Wilder, Director of Public Works; Steve Hawkins, Sheriff's Office; Nick Sabo, Director of the Regional Airport Authority; Bill Orndoff, Treasurer; Tamara Perez, Director of Emergency Communications; Clay Corbin, NRADC Superintendent; Patrick Barker, EDA Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:42 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 Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f une 9,2021 County of Frederick, Virginia 393 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 David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye Judith McCann-Slaughter Aye RECESS At 6;43 p.m., Chairman DeHaven recessed the meeting. REGULAR MEETING CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m, INVOCATION Dan Hess, Chaplain, Frederick County Sheriffs Office, and Winchester Police Department delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance, ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Graber, the agenda was adopted on a voice vote. CITIZEN COMMENTS- None Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f)une 9,2021 County of Frederick, Virginia l 394 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of May 26, 2021 Joint Work Session of Board of Supervisors and Parks and Recreation Commission - CONSENT AGENDA APPROVAL -Approval of Minutes of May 26, 2021 Regular Meeting-CONSENT AGENDA APPROVAL -Approval of Minutes of May 27, 2021 Closed Session -CONSENT AGENDA APPROVAL Acceptance of Transportation Committee Report of May 24 2021 -CONSENT_ _ AGENDA APPROVAL Appendix 1 - Acceptance of Public Works Committee Report of May 25 2021 - CONSENT AGENDA APPROVAL Appendix 2 - Request from the Public Works Committee to hold apublic hearing on July 14 2021: Revision to Frederick County Code Chapter 143-StormwaterJErosion and Sediment Control Ordinance- CONSENT AGENDA APPROVAL - Request from the Public Works Committee to hold a public hearing on July 14, 2021: Sale of the ofd Albin Citizen Convenience Center at 174 Indian Hollow Road to the highest bidder--Winchester Equipment with a bid in the amount of$101,750.00 CONSENT AGENDA APPROVAL - Resolution of Appreciation Honoring Retiring County Administrator Kris C.Tierney.. CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION KRIS C.TIERNEY WHEREAS, County Administrator Kris C. Tierney began his career having earned his B.S. degree from the State University of New York at Brockport and his M.S.degree from Virginia Polytechnic Institute and State University;and WHEREAS, Kris C. Tierney has announced his retirement effective July 1, 2021, on the 35"'anniversary or the commencement of his career in local government;and WHEREAS,Kris has served in multiple key positions in Frederick County's administration as he continued to take on roles with increasing responsibility including Zoning Administrator, Deputy Director of Planning, Director of Planning,Assistant County Administrator,Deputy County Administrator,and finally County Administrator; and WHEREAS,during his tenure, Kris participated in numerous initiatives including the following: Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9,2021 County of Frederick, Virginia 395 •drafting of the County's Rural Preservation subdivision regulations •creation of the Conservation Easement Authority and program •facilitating public engagement and preparation of the County's battlefield protection plans •securing numerous Battlefield Protection Program and Land and Water Conservation grants to assist with the purchase of portions of the Cedar Creek,Kernstown and Third Winchester battlefields •receiving an appointment to serve as a founding member of the Shenandoah Valley Battlefield National Historic District Commission where he chaired the Planning Committee which developed the Management Plan for the Historic District and later receiving a second appointment from the Secretary of the Interior to serve on the Cedar Creek and Belle Grove National Historic Park Advisory Commission •coordinating the creation of the Lake Holiday Sanitary District and securing bond financing through the Virginia Resource Authority to fund reconstruction of the Lake Holiday dam spillway •coordinating the purchase of Sunnyside Plaza for future County use WHEREAS,Kris has exercised extraordinary leadership and stewardship during his employment and has contributed unselfishly to the wellbeing of the community by serving on countless boards and committees such as the Northern Shenandoah Valley Regional Commission,the Virginia Chapter of American Planning Association Board of Directors,the Virginia Association of Counties,and the Virginia Local Government Managers Association where he served on the Executive Committee from 2007-09 and 2016-18;and WHEREAS, Kris was awarded VLGMA's Marcia Mashaw Outstanding Assistant Award in 2008 illustrating that his knowledge and guidance over the years have greatly benefitted the citizens of Frederick County as well as the employees of the County; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Kris C.Tierney for his years of outstanding service on behalf of the citizens of Frederick County and conveys its best wishes to him in all 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. . + + + + + . . . . . * . . - Resolution Seeking Waiver from Virginia Department of Elections for Split Precincts- CONSENT AGENDA APPROVAL - RESOLUTION AUTHORIZING THE COUNTY DIRECTOR OF ELECTIONS TO FILE WITH THE VIRGINIA DEPARTMENT OF ELECTIONS A WAIVER APPLICATION TO ADMINISTER EXISTING SPLIT PRECINCTS FOR THE NOVEMBER 2021 GENERAL ELECTION WHEREAS, Section 24.2-307 of the Code of Virginia, 1950,as amended at the 2020 Session of the General Assembly(Chapter 1268),mandates that"In each year ending in one,the governing body of each county... shall establish the precinct boundaries to be consistent with any congressional district, Senate district, House of Delegates district,and local election district that was adopted by the appropriate authority by.Tune 15 of that year",such that no County election precinct shall be a"split precinct"that contains more than one congressional district,Senate district,House of Delegates district,or local election district; WHEREAS, Section 24.2-307 of the Code of Virginia further provides that"If congressional districts,Senate districts,House of Delegates districts,or local election districts have not been adopted by the appropriate authority by June 15 of a year ending in one,the governing body may use the congressional districts, Senate districts,House of Delegates districts,or local election districts as such Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f Jane 9,2021 County of Frederick, Virginia 395 districts existed on June 15 of that year as the basis for establishing the precinct boundaries to be used for the elections to be held in November of that year'; WHEREAS, Section 24.2-307 of the Code of Virginia further provides that"If a governing body is unable to establish a precinct with the minimum number of registered voters without splitting the precinct between two or more congressional districts, Senate districts, House of Delegates districts,or local election districts,it shall apply to the State Board for a waiver to administer a split precinct"; WHEREAS,the County of Frederick,Virginia Director of Elections has advised that the County has the following split precincts: Precinct Name Split Type 104—Cedar Creek Town Boundary—Middletown 502--Newtown Town Boundary—Stephens City WHEREAS,due to significant delays with the release of necessary 2020 United States Census data,the County is unable to initiate, for the November 2021 General Election,the decennial analysis required by the Constitution of Virginia and applicable statutes for adjustments of the boundaries for local election districts and precincts,necessitated by population changes,and which would include reconfiguration of the precinct boundaries as required by Section 24.2-307 of the Code of Virginia; NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors APPROVES application to the State Board of Elections for a waiver to administer the aforementioned split precincts,and hereby DIRECTS the Director of Elections&General Registrar of Frederick County to apply for such waiver. + f + + + . + + . . . . . + - Resolution authorizing County participation in State?Corporation Commission Case PUR- 2021-00054, Application of Shenandoah Valley Electric Cooperative for a general increase in electric rates - CONSENT AGENDA APPROVAL RESOLUTION June 9,2021 WHEREAS, Shenandoah Valley Electric Cooperative provides electric service to County residents; and WHEREAS,Shenandoah Valley Electric Cooperative has filed with the State Corporation Commission an application,docketed as Case Number PUR-2021-00054,for an overall increase in its rates,such increase proposed to be approximately 2.64%;and WHEREAS,energy costs represent a significant burden to County residents and businesses; and WHEREAS,participation by the Board of Supervisors as a respondent in State Corporation Commission Case Number PUR-2021-00054 would be beneficial toward ensuring fair and reasonable electricity service rates for County residents and businesses served by Shenandoah Valley Electric Cooperative; NOW,THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the filing by the County Attorney on its behalf of a Notice of Participation as a Respondent in State Corporation Commission Case Number PUR-2021-00054 and the taking of such actions as are appropriate in such proceeding toward ensuring fair and reasonable electricity service rates for County residents and businesses served by Shenandoah Valley Electric Cooperative. + + . . + + t + + + . + + + Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9,2021 County of Frederick, Virginia 397 - Resolution for Addition to Secondary System of State Highways_=Constitution Drive CONSENT AGENDA APPROVAL RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street requirements;and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of-way,as described, and any necessary easements for cuts, fills and drainage;and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + . + + + + + + . + + . + + Resolution Approving Modification of Existing SDA Issued Debt—The Village at Orchard Ride, Inc.- CONSENT AGENDAAPPROVAL Resolution June 9,2021 A. The Economic Development Authority of the County of Frederick,Virginia(the"Authority") has considered the application of The Village at Orchard Ridge,Inc.,a Virginia nonstock corporation(the "Borrower"),requesting the Authority enter into modifications of its Residential Care Facility Revenue Bonds(The Village at Orchard Ridge, Inc.),Series 2014(the"Bonds").The Authority originally issued the Bonds in 2014 and loaned the proceeds thereof to the Borrower. B. The Borrower used the proceeds of such Bonds for the following purposes(collectively the "Project"): financing(i)capital improvements at the Borrower's facilities located at 400 Clocktower Ridge Drive,Winchester,Virginia 22602 in Frederick County,known as The Village at Orchard Ridge (the "Facilities"),consisting primarily of(1)the construction and equipping of a new four story independent living building,(2)the construction and equipping of a new three story independent living building,(3)the construction and equipping of a one story skilled nursing building,(4)the expansion of the dining facilities,(5)the expansion of the wellness center,and(6)certain other capital improvements at the Facilities,(ii)a debt service reserve fund,(iii)capitalized interest and(iv)the costs of issuing the Bonds and other eligible expenditures. C. The Authority held a public hearing on the Borrower's application on June 3,2021,as required by Section 147(f)of the Internal Revenue Code of 1986,as amended(the"Code"),and Section 15.2-4906 of the Code of Virginia of 1950,as amended(the"Virginia Code"). Section 147(f)of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the Bonds. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f une 9, 1021 County of Frederick Virginia I i 398 D. The Authority issues its bonds on behalf of the County of Frederick, Virginia(the"County"),the Project is located in the County;and the Board of Supervisors of the County of Frederick,Virginia(the "Board")constitutes the highest elected governmental unit of the County. E. The Authority has recommended that the Board approve the modifications of the Bonds. F. A copy of the Authority's resolution approving the modifications of the Bonds,a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW,THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA: 1. The Board approves the modifications of the Bonds by the Authority for the benefit of the Borrower,as required by Section 147(1)of the Code and Section 15.2-4906 of the Virginia Code to pen-nit the Authority to assist the Borrower in financing the Project. 2. The approval of the modifications of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. . . * . + + + + + f + + + . BOARD OF SUPERVISORS COMMENTS- None COUNTY OFF[CIALS PRESENTATION OF RESOLUTION OF APPRECIATION HONORING RETIRING COUNTY ADMINISTRATOR KRIS C. TIERNEY Chairman DeHaven and Vice Chairman Wells presented a framed copy of the resolution honoring his service to retiring County Administrator Kris C. Tierney. COMMITTEE APPOINTMENTS CARLEY WALKER APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY— APPROVED Supervisor Dunn moved to appoint Carley Walker to an unexpired term ending 10-10-2022 on the Winchester Regional Airport Authority. Supervisor McCarthy seconded the motion which carried on a voice vote. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9,2021 County of Frederick, Virginia I t 399 + + + + + + {. . . . . . . . COMMITTEE BUSINESS - None PUBLIC HEARINGS (NON-PLANNING ISSUES)- None I PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, §165- 101.02 DEFINITIONS AND WORD USAGE; ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES, ARTICLE IV AGRICULTURAL AND ., -...__. ART RESIDENTIAL DISTRICTS, PART„ 401 RA RURAL AREAS DISTRICT.--APPROVED County Attorney Williams noted that the Board had adopted language at the previous meeting that did not match the intent of the Board, Supervisor McCarthy moved for approval of the ordinance as clarified to match the Board's intent regarding fuel sales, Supervisor Slaughter seconded the motion which carried on recorded vote as follows, Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S, DeHaven,Jr. Aye Judith McCann-Slaughter Aye Supervisors McCarthy and Slaughter asked that further revision be considered to allow the ordinance language to better match the needs of the agricultural cooperative community. Staff will address the request. . . . . + + + . . + f + + + Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9, 2021 County of Frederick, Virginia I 400 f BOARD LIAISON REPORTS Supervisor Stegmaier referenced the discussion at a recent Social Services Board meeting and moved that the Board direct staff to draft a letter to the Governor and State Director of Social Services addressing the current pandemic-related circumstances where state licensing inspectors are still working remotely and are not entering adult daycare facilities to conduct inspections while leaving local social services staff to handle all in-person visits to such facilities. Supervisor McCarthy seconded the motion which carried on a voice vote, CITIZEN COMMENTS Josh Phelps, Gainesboro District, said he belonged to the Small Business Freedom Alliance. He said the group was established because small businesses need protection from government overreach as seen during the pandemic. Charlie Mearkle, Shawnee District, referenced the upcoming public hearing on rezoning for the One Logistics Park project. He asked the Board to keep the current residential zoning instead of rezoning the property for industrial use. Miles Adkins, Shawnee District, said he wished to see confirmation from the Board that they will remain a second amendment sanctuary, Patty Solenburger, Shawnee District, referenced the Small Business Freedom Alliance saying all businesses are essential. She asked the Board to support reforms before the next emergency which would affect small businesses. Jared Mounce, Gainesboro District, discussed the difficulties faced by small businesses during the pandemic and noted workforce issues such as the increase in unemployment relief pay which has reduced the number of people willing to work. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f une 9, 2021 County of Frederick, Virginia 401 BOARD OF SUPERVISORS COMMENTS Supervisor Graber asked for discussion of the County becoming a constitutional sanctuary county. Supervisor Dunn thanked the representatives of the Small Business Freedom Alliance and said the General Assembly should address whether the authority for issuing emergency declarations should lie with only the governor. He noted the recent gathering recognizing the fifth anniversary of the Clowser Foundation's establishment. Supervisor McCarthy said he agreed with the idea of a constitutional sanctuary but that it will not solve a problem. He said the constitution was written to protect the rights of individuals and that the tyrants should be removed from Richmond. He encouraged the election of those who will protect the rights of individuals. Vice Chairman Wells said that addressing the issue of protecting rights starts in Richmond noting that an election will be held in November. He spoke in support of the Small Business Freedom Alliance. Vice Chairman Wells noted a recent offer to purchase land at the site of the Old Charlestown Road Park. He said that the land had been conveyed to the County for a park and that as liaison to the Parks and Recreation Commission, he had no interest in selling the land. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 7;30 p.m. Charles S. DeHaven, Jr. Mary T. Price Chairman, Board of Supervisors Interim County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o f f une 9,2021 County of Frederick, Virginia 402 Board of Supervisors Meeting Minutes of June 9, 2021 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, May 24, 2021 8:30 a.m. 107 NORTH KENTSTREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), James Racey (Voting), Cordell Watt (Voting) and Lewis Boyer(Liaison Stephens City). i Committee Members Absent: Charles DeHaven, Jr. (Voting), Gary Oates (Voting) and Shawn L. Graber(Voting). Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Comprehensive Plan Update-Transportation: Staff updated the Committee on the first draft of the text updates to the transportation section of the Comprehensive Plan. A copy of the highlighted changes was reviewed with the Committee. The lune meeting Staff will present the Committee with the finalized changes to include a first presentation of map changes to the Comprehensive Plans and Programs Committee (CPPC). 2-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-51 Bridge:The paving operations at the intersection of Airport/Crossover/Route 522 are completed. Markings will be completed soon followed by the additional signal equipment. Additional paving remains to be completed on the interior portion of Crossover Boulevard as well as markings and signage. Renaissance Drive: The final design plans have been submitted to VDOT. CSX plans are in process as being submitted. Staff will be reviewing the comments and cost estimate. 3-Other: The VDOT Traffic Engineering Division will be meeting this week with the Town of Stephens City Administration to discuss the traffic issues at the intersection of Fairfax Pike and Route 11. Also,Staff discussed the intersection of Hollow Road and Parishville Road that has no traffic control. A stop sign may have been at the intersection at one time. VDOT will be addressing the situation. The Transportation Committee meeting scheduled for Monday, July { 25, 2021 has been moved to Monday, August 2, 2021. i Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9,1011 County of Frederick, Virginia 403 Board of Supervisors Meeting Minutes of June 9, 2021 - Appendix 2 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, May 25, 2021 8:00 a.m. 107 NORTH KENT STREET,SUITE 200, WINCHESTER,VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Bob Wells; Gene Fisher; Gary Longerbeam; and Harvey E. "Ed" Strawsnyder,Jr. Committee Members Absent:J. Douglas McCarthy;Whit Wagner Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Ron Kimble, Landfill Manager; Mike Stewart, Senior Project Manager; Kevin Alderman, Shawneeland Manager; Rod Williams, County Attorney; Billy Orndoff,Treasurer; Wayne Corbett, Deputy Treasurer (Attachment 1) Agenda Packet ITEMS REQUIRING ACTION 1-Discussion/approval of the revision to Frederick County Code Chapter 143- Stormwater/Erosion and Sediment Control Ordinance: In 2014,the Board of Supervisors adopted Frederick County Code Chapter 143 to comply with the Virginia Department of Environmental Quality(DEQ) requirements related to stormwater management. The ordinance was reviewed and approved by DEQ. The ordinance combines two different statues and regulations, erosion and sediment control and Stormwater management. In July 2020, DEQ performed a required program review for our erosion and sediment control program. After their review,there were some deficiencies noted related to our ordinance. Since our ordinance combines two different statues,they determined there was parts of our ordinance related to erosion and sediment control that needed updated and changed to comply with state law. Based on these comments,we have updated our ordinance to address these comments. The updated ordinance has been reviewed by DEQ and the county attorney and the final draft is attached in the agenda packet for your review, The Public Works Committee reviewed the ordinance and had no further comments. A motion was made by committee member Strawsnyder to recommend approval. The motion was seconded by committee member Fisher. The committee unanimously approved the revised ordinance. Therefore,the revised ordinance needs to be approved by the Board of Supervisors. Since we are revising the county code,the board must hold a public hearing. We are recommending that this action be brought to the June 9, 2021 Board of Supervisors meeting and be set for a public hearing to take place on the July 14, 2021. The revised ordinance is required to be submitted to DEQ by July 31, 2021. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting o(lune 4, 1011 County of Frederick, Virginia 404 2-Discussion on the sale of the old Albin Citizens Convenience Center: Last year,we opened the relocated Albin Citizen Convenience Center on property we share with the school board located at 174 Indian Hollow Road. We no longer need the property the old site was located on which is about .87 acres. It was recommended by the Public Works Committee to sell the property. We recently issued an Invitation for Bid (IFB)for any interested parties to purchase the land. We received three (3) bids on April 30, 2021 with the highest bid of$101,750.00 by Winchester Equipment. Therefore,committee member Strawsnyder made a motion to accept the high bid in the amount of$101,750.00 and sell the land to Winchester Equipment. The motion was seconded by committee member Fisher and unanimously approved by the committee. This recommendation can now go to the Board of Supervisors for their review and further action. ITEMS FOR INFORMATION ONLY 1-Discussion regarding vehicle stickers for Solid Waste disposal: At the December 1, 2020 meeting the Public Works Committee discussed illegal dumping by out of county users at our citizen convenience centers,especially the Star Tannery site. We discussed video cameras,still cameras,vehicle stickers for county residents just to name a few. At that meeting, it was agreed by committee members that even though there may be a small problem with possible misuse, it is very minimal and not worth major investments for a vehicle sticker program or surveillance cameras. These items would be expensive and still be very difficult to enforce. At the May 12, 2021 Board of Supervisors meeting, Back Creek District Supervisor Shawn Graber brought up the issue again regarding the need to have a way to identify Frederick County residents at the convenience centers. He mentioned incidence where Shenandoah County residents have been using the Star Tannery site. It is very difficult to know what locality someone is from with a Virginia vehicle tag. Mr. Graber requested a review of a potential cost estimate to establish a decal to be placed on Frederick County vehicles. Included in the agenda packet is a memo from the county Treasurer providing an estimate of $153,000 to establish a sticker program. He also indicated an on-going annual cost of$35,000 -$50,000 to update the stickers and to provide stickers to new residents. Supervisor Wells stressed that he also wants to protect the on-site part-time convenience site employees from additional issues with confronting non-county citizens. He emphasized that these part-time employees are not the police and at times,some people can get upset if denied the use of the site. We have to walk a fine line between denying access of site usage and possible confrontations. After further discussion,the committee recommended no further changes to our enforcement of county convenience site usage. In summary,the minor problem that exists is not worth the expensive investment to try to enforce usage from non-county citizens. Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9,1021 County of Frederick, Virginia 405 2-Discussion regarding asphalt paving in Shawneeland: A Shawneeland Sanitary District Advisory Committee (SSDAC) meeting was held on May 3, 2021. The meeting minutes are included in the agenda packet. At that meeting,some members discussed the use of asphalt paving on the roads in lieu of tar and chip(double seal) paving. Almost all paved roads in Shawneeland have a tar and chip paved surface. In order to minimize water from entering the road surface subgrade, double seal paving is a cost-effective method to seal the road surface and minimize road subgrade issues caused by water infiltration. The double seal paving process is used by the Virginia Department of Transportation (VDOT) on most of their rural roads in the Commonwealth. The use of asphalt paving has some benefits such as longer life,smoother surface but the cost of asphalt is at least three times higher. In order to pave with asphalt,the paving company must put down at least 1.5 inches of asphalt and provide shoulder stone. Also, when asphalt pavement is used on roads where double sealed pavement already exists,the intersections where asphalt paving connects must be milled,which adds additional costs. i Due to the higher costs of asphalt paving, Shawneeland staff has used double seal pavement in order to maintain the roads for the past 30 years. Therefore, after some additional discussion the committee recommended that staff continue to use double seal paving to maintain the road surface. The Shawneeland District Manager was directed to prepare a one-page document (flyer)to send to the SSDAC deciphering our rationale behind the paving maintenance program. They would like to have the residents of Shawneeland also receive the flyer to ensure they understand our program and direction, 3-Update on Public Works projects: Crossover Boulevard road project is on schedule and on budget to be completed by September 2021. At the Landfill,the Northwestern Adult Detention Center crew have been able to return to the Landfill and provide much needed help picking up blown trash and tire shredding operations. We have begun development of the bottom liner system in our MSW Phase 3, Cell A area. This would allow another 11 acres of Landfill space to be utilized over the next 12-15 years for solid waste disposal. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells i Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed"Strawsnyder,Jr. Minute Book 46 Whitney"Whit" L. Wagner Board of Supervisors Closed Session and Regular Meeting ofJune 9, 2021 County of Frederick, Virginia 406 B JON. d Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator. Billy Orndoff,Treasure Wayne Corbett, Deputy Treasurer Ron Kimble, landfill Manager Gloria Puffinburger,Solid Waste Manager Kevin Alderman,Shawneeland District Manager Rod Williams, County Attorney file Minute Book 46 Board of Supervisors Closed Session and Regular Meeting of June 9, 2021 County of Frederick, Virginia