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August 11 2021 Closed Session and Regular Meeting Minutes 50 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 11, 2021 5:00 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: Mary Beth Price, Interim County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; John Bishop, Assistant Director of Planning-Transportation; Tyler Klein, Senior Planner; Steve Majchrzak, Fire Chief; Sharon Kibler, Assistant Finance Director; Seth Thatcher, Commissioner of the Revenue; Scott Varner, Director of Information Technologies; Mark Showers, Fire Marshal; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:00 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 discussion and consideration of prospective candidates for the position of County Administrator. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:48 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 Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 51 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 6:48 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 Pastor Dennis Smith of Valley Bible Church, Stephens City, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Supervisor Graber moved to postpone the agenda item titled `Supervisor Graber Requests Discussion: FY22 Funding of Lord Fairfax Community College' until the next meeting. Supervisor McCarthy seconded the motion which carried on a voice vote. Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was adopted as amended on a voice vote. CITIZEN COMMENTS Jason Croasdale, Back Creek District, referenced the agenda item regarding the expiration of his term on the Shawneeland Sanitary District Advisory Committee. He stated his opposition to Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 52 being replaced and the importance of continuity on the committee. Lisa Croasdale, Back Creek District, spoke in opposition to one member of the Board of Supervisors being allowed to cherry pick appointees to the Shawneeland Sanitary District Advisory Committee. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Supervisor McCarthy. At the request of Supervisor Graber, Commissioner of the Revenue Seth Thatcher reviewed the consent agenda item titled `Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: D. L. Peterson Trust- $285,135.66.' The motion 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 Work Session and Regular Meeting Minutes of July 14, 2021 -CONSENT AGENDA APPROVAL -Acceptance of Parks and Recreation Commission Report of July 13, 2021 -CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Finance Committee Report of July 21, 2021 -CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Public Works Committee Report of July 27, 2021 -CONSENT AGENDA APPROVAL,Appendix 3 -Acceptance of Transportation Committee Report of August 2, 2021- CONSENT AGENDA APPROVAL,Appendix 4 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: D. L. Peterson Trust-$285,135.66- CONSENT AGENDA APPROVAL - Review of NWCS' Fiscal Year 2022 Performance Contract—CONSENT AGENDA APPROVAL, - Renewal of Memorandum Of Understanding Concerning the "Becoming Patsy Cline" Exhibit at the Winchester-Frederick County Convention and Visitors Bureau - CONSENT AGENDA APPROVAL Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 53 -Approval of the Request of Lake Holiday Country Club to Direct the Treasurer to Prepay $2,500,000 of the VRA Lake Holiday Sanitary District Bond -CONSENT AGENDA APPROVAL - Resolution for Addition to Secondary System of State Highways—Royal Oaks Subdivision-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. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier stated his pride in the actions of the School Board the previous evening wherein they heard the concerns of the residents and will not require facial masks when the new school year begins. COUNTY OFFICIALS COMMITTEE APPOINTMENTS BRITTANY "LANI" PENDLETON REAPPOINTED TO WINCHESTER-FREDERICK COUNTY TOURISM BUREAU BOARD—APPROVED Supervisor Slaughter moved to reappoint Brittany"Lani" Pendleton to a three-year term on Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 54 the Winchester-Frederick County Tourism Bureau. Supervisor Stegmaier seconded the motion which carried on a voice vote. SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE APPOINTMENT— POSTPONED Supervisor Graber moved to appoint Lynn Schmitt to a two-year term ending 8-14-2023 the Shawneeland Sanitary District Advisory Committee. Supervisor Dunn seconded the motion which failed on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No The Board discussed the desire for the Shawneeland residents to have a say in choosing the sanitary district advisory committee members. By consensus, the Board decided to postpone an appointment for 60 days in order to seek additional applicants. + + + + + + + + + + + + + + RESOLUTION APPROVING A STATEWIDE MEMORANDUM OF UNDERSTANDING REGARDING OPIOIDS LITIGATION—APPROVED County Attorney Williams reviewed the proposed resolution approving a memorandum of understanding between the Commonwealth and the other Virginia localities participating in the ongoing nationwide opioids litigation. He said the County has, since early last year, been a participant in the opioids litigation, through outside counsel who are also representing over 50 other Virginia localities. He said the MOU represents the culmination of discussions between the Virginia Attorney General's Office and counsel representing the localities, including Frederick County, and the County's retained outside counsel in this matter recommends approval of the MOU. Vice Chairman Wells moved for adoption of the resolution Approving Virginia Abatement Fund and Settlement Allocation Memorandum of Understanding. Supervisor McCarthy seconded Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 55 the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION APPROVING VIRGINIA ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING WHEREAS, Frederick County, through its elected representatives and counsel, and the Commonwealth of Virginia,through the Office of the Attorney General,are separately engaged in litigation seeking to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities; WHEREAS,Frederick County and the Commonwealth of Virginia share a common desire to abate and alleviate the impacts of the opioid addiction epidemic and to maximize litigation recoveries from those third parties responsible for same; WHEREAS, in order to advance their common interests, Frederick County and the Commonwealth of Virginia,through counsel,have extensively negotiated the terms of a memorandum of understanding relating to the allocation and use of such litigation recoveries; WHEREAS, the County's outside opioid litigation counsel has recommended that the County approve the proposed memorandum of understanding;and WHEREAS, the County Attorney has reviewed the available information about the proposed memorandum of understanding and concurs with the recommendation of outside counsel; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, assembled on this day at which a quorum is present,that Frederick County Board of Supervisors hereby authorizes and approves of the Virginia Abatement Fund and Settlement Allocation Memorandum of Understanding attached hereto and incorporated herein by reference thereto as Exhibit"A",and directs the County Administrator to execute and enter into such Memorandum of Understanding on behalf of Frederick County. + + + + + + + + + + + + + + SUPERVISOR DUNN REQUESTS DISCUSSION: PROPOSED ROUTE 37 EASTERN BYPASS Supervisor Dunn and John Bishop, Assistant Director of Planning-Transportation, discussed the history of Route 37 and the proposed Route 37 Eastern Bypass including funding options. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 56 + + + + + + + + + + + + + + SUPERVISOR DUNN REQUESTS DISCUSSION: CONSIDERATION OF ADDITIONAL PARAMETERS REGARDING COMPREHENSIVE PLANNING AND ZONING FOR PUBLIC UTILITY FACILITIES Supervisor Dunn questioned whether the Board wished to study adding parameters to address power generation facilities in the County. Supervisor McCarthy suggested the topic be discussed at a joint meeting with the Planning Commission. + + + + + + + + + + + + + + COMMITTEE BUSINESS— FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The HR Director requests a General Fund supplemental appropriation in the amount of $66,000. This amount represents a carry forward of unspent FY21 funds for salary study that is currently in process; The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $50,000. This amount represents a carry forward of unspent FY21 funds for the design and bid development for the relocation of the Voter Registrar's Office to Sunnyside Plaza; The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $2,460. This amount represents a carry forward of unspent FY21 funds for equipment ordered in March, but not received until July; The Parks and Recreation Commission requests a General Fund supplemental appropriation in the amount of $1,260.90. This amount represents funds from the PLAY Fund reserve for assistance provided in FY21;The WRA Director requests an Airport Capital Fund supplemental appropriation in the amount of $112,659. This amount represents remaining bond funds; and The Finance Director requests a General Fund supplemental appropriation in the amount of$305,549.13. This amount represents a carry forward of unspent FY21 proffer funds for the Clearbrook Volunteer Fire Company's building renovations that are currently in process. Vice Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 57 Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The WRA Director requests an Airport Operating Fund supplemental appropriation in the amount of $59,000. This amount represents anticipated American Rescue Plan Act (ARPA) funds awarded directly to the airport from the FAA. Vice Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor McCarthy moved for approval of holding a public hearing in October regarding appropriation of funds in connection with the American Rescue Plan Act of 2021. Supervisor Graber seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + TRANSPORTATION COMMITTEE RENAISSANCE DRIVE PROJECT BID PROCESS AUTHORIZED Supervisor Slaughter moved that the Board of Supervisors allow the project to move forward to bid with the understanding that the shortfall would be covered with a combination of revenue sharing transfer and the identified budgeted Transportation funds. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 58 REDBUD ROAD REVENUE SHARING APPLICATION ENDORSED Supervisor Dunn moved that the Board direct Staff to finalize the revenue sharing application and that the Board of Supervisors adopt the resolution endorsing and supporting the project. Supervisor Slaughter 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye A RESOLUTION FOR THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA TO ENDORSE THE REDBUD ROAD REALIGNMENT REVENUE SHARING PROJECT WHEREAS,the Frederick County Board of Supervisors,desires to submit an application for an allocation of funds of up to$1,994,073.00 through the Virginia Department of Transportation Fiscal Year 2023,Revenue Sharing Program; and, WHEREAS, $1,994,073.00 of these funds are requested to fund construction of the Redbud Road Realignment; and, WHEREAS,The Frederick County Board of Supervisors hereby supports this application for an allocation of$1,994,073.00 through the Virginia Department of Transportation Fiscal year 2023 Revenue Sharing Program, NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors of the County of Frederick hereby commits to fund its local share of preliminary engineering,right-of-way and construction(as applicable)of the project under agreement with the Virginia Department of Transportation in accordance with the project financial document. BE IT FURTHER RESOLVED that Interim County Administrator Mary T. Price is authorized to execute all agreements and/or addendums for any approved project with the Virginia Department of Transportation. + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE XIX MEALS TAX, SECTION 155-118 TAX IMPOSED— DENIED County Attorney Williams said when the Board adopted the Fiscal Year 2022 earlier this year, the adopted budget provided for an increase in the meals tax from 4%to 6%, effective October 1, 2021. He said unlike those taxes for which the Board must set rates on an annual basis,the County Code specifically sets out the rate for the meals tax. He concluded saying that an amendment to Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 59 the text of the County Code is necessary to complete the action for increasing the meals tax from 4%to 6%. Chairman DeHaven opened the public hearing. The speakers were as follows: Cary Nelson, representing H. N. Funkhouser, asked the Board to vote against the proposed meals tax increase. Miles Adkins, Shawnee District, asked the Board to vote against the meals tax increase. Jason Croasdale, Back Creek District, said he had been a chef all his life and asked the Board to vote against the meals tax increase. Josh Ludwig, Shawnee District, ask the Board to vote against the meals tax increase. Chairman DeHaven closed the public hearing. Supervisor Graber moved to deny adoption of the ordinance enacting an amended Section 155-118 (Tax imposed) of Article XIX (Meals Tax) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, changing the meals tax rate from 4% to 6%. The motion for denial of adoption 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 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS REQUEST FROM CLARKE COUNTY FOR WATER AND SEWER SERVICE IN DOUBLE TOLLGATE AREA—APPROVED Candice Perkins,Assistant Director of Planning, reviewed the request from Clarke County to authorize Frederick Water to provide public water and sewer service for approximately 350+/- acres (zoned Highway Commercial) in the Double Tollgate area saying the requested water and Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 60 sewer capacity is 150,000 gallons per day. She said the Double Tollgate area requested by Clarke County is not adjacent to the limits of the SWSA, as shown in the Southern Frederick Land Use Plan (SFLUP). She continued saying there are approximately 200 acres at the corner of Route 522 and Route 277 in Frederick County that are outside the current limits of the SWSA which lie between the Crooked Run SWSA and the requested Clarke County properties. She concluded with an overview of three responsive scenarios developed by staff. Eric Lawrence of Frederick Water indicated his support for Scenario 3 as offered by the Planning Commission. Ms. Perkins noted that Scenario 3 would require a public hearing regarding the relocation of the Sewer and Water Service Area (SWSA). Supervisor McCarthy moved to approve the County move forward with Scenario 3 which addresses Clarke County's request for 150,000 gallons per day (GPD) of Frederick Water's water and sewer services and includes a potential for up to 1.3 MGD of water and sewer to support an approximately 700-acres of SWSA-expansion within the 277-triangle area of Frederick County, resulting in nearly 1.5MGD of water and sewer demands. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + ORDINANCE AMENDMENT—OPAQUE FENCING REQUIREMENTS (WAIVER)—SENT FORWARD TO PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed ordinance amendment which would allow for double-walled winged slats and chain-link fence to satisfy the opaque fence requirement for zoning district buffers through a waiver if granted by the Board of Supervisors. He said to be eligible for a waiver, the applicant/owner/developer requesting a waiver obtain written consent from the adjoining (affected) property owners to proceed, adding the proposed amendment would also allow chain-link fence with slats for the screening of certain uses in the County's business and industrial districts. Vice Chairman Wells moved to forward the opaque fencing requirements(waiver)to public Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 61 hearing. Supervisor McCarthy 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No + + + + + + + + + + + + + + ORDINANCE AMENDMENT—MASTER DEVELOPMENT PLANS (APPROVAL PROCESS) - SENT FORWARD TO PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the potential Zoning Ordinance text amendment to modify the application and review process for Master Development Plans (MDP) prior to the plans being administratively approved. Currently, he said, these plans must be reviewed as informational items by the Planning Commission (PC) and Board of Supervisors (BOS) prior to their approval; no action is taken by the PC or the BOS as the plans meet all County ordinance requirements. Effectively, he said, review and approval of MDP's is an "administrative"action. Mr. Klein said staff has drafted a revision to remove the requirement that Master Development Plans (MDP) be presented to the Planning Commission (PC) and Board of Supervisors (BOS) at a public meeting as an information item prior to administrative approval. With this proposed amendment, he said, when MDP's are administratively approvable (i.e., plans are in conformance with the Code of Frederick County and have been approved by all applicable agencies of the County and outside entities such as Frederick Water and/or VDOT), the MDP would proceed directly for signature (approval) by the Planning Director and County Administrator. Supervisor McCarthy moved to forward the text amendment to modify the application and review process for Master Development Plans to public hearing. Vice Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 62 BOARD LIAISON REPORTS - None CITIZEN COMMENTS Joe Crane, Gainesboro District, discussed an email regarding a public school student's experience feeling criticized for being white. Julie Kern, Back Creek District, discussed her concerns about fraud during the 2020 election. Tim Regan, Back Creek District, discussed the Governor's orders during the pandemic and the fact that Frederick County did not close its offices. Jason Croasdale, Back Creek District, addressed the delay in appointing someone to the Shawneeland Sanitary District Advisory Committee. BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier noted the previous meeting and his displeasure that Supervisor Graber lashed out at a member of the Parks and Recreation Commission. Supervisor Graber said he was not happy with comments directed at him on Supervisor Stegmaier's Facebook page. He said he wished that the Shawneeland residents could elect their representatives on the sanitary district advisory committee. He expressed his displeasure with tax increases. He noted his pride in the Town of Middletown. Supervisor Dunn discussed his concern with vaccine mandates for employment. Supervisor McCarthy expressed his concern about employees in the local health care system losing their jobs over a vaccine requirement and suggested that concerned citizens contact the state legislature. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 63 ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 9:02 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 47 Board of Supervisors Closed Session&Regular Meeting of August 11, 2021 County of Frederick, Virginia 64 Board of Supervisors Meeting Minutes of August 11, 2021 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday August 11,2021 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 13, 2021 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on July 13, 2021. Member's present were: Gary Longerbeam, Ron Madagan, Natalie Gerometta, Randy Carter, Charles Sandy,Jr., Dennis Grubbs. Non-voting Board Liaison, Mr. Robert Wells. Members absent were: Guss Morrison, Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommended requesting a supplemental appropriation from the Finance Committee in the amount of$1260.90 from the Recreation Reserve Fund and dispersed to the appropriate revenue lines which represents financial assistance provided to County youth via the PLAY Fund in FY 21 to participate in a variety of programs and activities. This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 2. The Committee made a motion to allow Sherando HS the use of the multi-purpose room for one academic year to assist with spacing and overcrowding issues, seconded by Mr. Sandy, carried unanimously (6-0). Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 65 Board of Supervisors Meeting Minutes of August 11, 2021 - Appendix 2 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 21,2021 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the First Floor Conference room at 107 North Kent Street on Wednesday,July 21, 2021 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Gary Oates;Angela Wiseman;and Jeffrey Boppe. Non-voting liaisons: Seth Thatcher,Commissioner of the Revenue. Committee Members Absent: Robert Wells; and non-voting liaison William Orndoff,Treasurer. Staff present: Cheryl Shiffler, Finance Director;Sharon Kibler,Assistant Finance Director; Mary Beth Price, Interim County Administrator;Jay Tibbs,Assistant County Administrator; Rod Williams,County Attorney;Stacy Herbaugh, P&R Operations Superintendent; Nick Sabo, WRA Director; and Mike Marciano, HR Director. Others present: none. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (0) Items 1-5 and 7 were approved under consent agenda. 1. (0)The HR Director requests a General Fund supplemental appropriation in the amount of $66,000. This amount represents a carry forward of unspent FY21 funds for salary study that is currently in process. See attached memo, p.3. 2. (0)The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$50,000. This amount represents a carry forward of unspent FY21 funds for the design and bid development for the relocation of the Voter Registrar's Office to Sunnyside Plaza. See attached memo, p.4. 3. (0)The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$2,460. This amount represents a carry forward of unspent FY21 funds for equipment ordered in March, but not received until July. See attached memo, p.4. 4. (CSC)The Parks and Recreation Commission requests a General Fund supplemental appropriation in the amount of$1,260.90. This amount represents funds from the PLAY Fund reserve for assistance provided in FY21. See attached memo, p.5—7. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 66 5. (Q)The WRA Director requests an Airport Capital Fund supplemental appropriation in the amount of$112,659. This amount represents remaining bond funds. See attached memo, p.8-9. 6. The WRA Director requests an Airport Operating Fund supplemental appropriation in the amount of$59,000. This amount represents anticipated American Rescue Plan Act(ARPA) funds awarded directly to the airport from the FAA. See attached memo, p. 10—14. The committee recommends approval. 7. (0)The Finance Director requests a General Fund supplemental appropriation in the amount of$305,549.13. This amount represents a carry forward of unspent FY21 proffer funds for the Clearbrook Volunteer Fire Company's building renovations that are currently in process. 8. Summary information is provided on the American Rescue Plan Act of 2021. Discussion and direction are requested. See attached memo, p. 15—17. The committee recommends holding a public hearing for the appropriation of funds in October. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for June 2021. See attached, p. 18—19. 2. Fund balance information will be provided after the County closes FY21. 3. The Parks and Recreation has returned $17,659 in unspent proffer funds from the Clearbrook Park Outdoor Gym. See attached memo, p. 20. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Gary Oates Angela Wiseman By Jeffrey Boppe Finance Director Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 67 Board of Supervisors Meeting Minutes of August 11, 2021 - Appendix 3 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,July 27, 2021 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy; Bob Wells; Gene Fisher; Gary Longerbeam; and Harvey E. "Ed" Strawsnyder,Jr. Committee Members Absent: Whit Wagner Staff and others present:Joe C. Wilder, Director of Public Works; Mary Beth Price, Interim County Administrator;Jay Tibbs, Deputy County Administrator; Ron Kimble, Landfill Manager; Mike Stewart, Senior Project Manager; Kevin Alderman, Shawneeland Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager. (Attachment 1) Agenda Packet ITEMS FOR INFORMATION ONLY 1-Discussion/updates: Shawneeland Sanitary District: We updated the committee on the status of water levels in Cherokee Lake. The lake level is over 60 inches below normal pool level. The low levels have impacted the beach area used by the citizens of Shawneeland. With the low water levels, we may have to close the beach area in early August. We will discuss this matter at the next Shawneeland Sanitary District Advisory Committee (SSDAC) meeting on Monday, August 2, 2021. We also discussed recently received complaints about vehicles speeding throughout Shawneeland. We have attempted over the years to utilize speed limit signage, a few speed bumps and working with the Frederick County Sheriff's Office. The Sheriff's office has set up radar and speed limit enforcement with some help. But, overall, as in the rest of the county, vehicles in general are going too fast. We informed the committee we will discuss speeding at the SSDAC meeting and see what we can do in working together to get speeds reduced in Shawneeland. 2-Carry forward requests- Frederick County Regional Landfill: We discussed the items listed in attachment 1 for several carry forward requests at the landfill totaling an amount not to exceed $1,300,000.00. A motion was made by committee member Strawsnyder to recommend approval of the request. The motion was seconded by committee member Fisher and unanimously approved by the committee. This request will be forwarded to the Finance Committee for further consideration. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 68 3-Discussion regarding staffing issues at the Frederick County Regional Landfill: We discussed concerns we are having retaining and/or hiring employees at the landfill. We acknowledge that at this time, most departments are struggling to find help. At the landfill, we have had a high turnover rate for different positions over the past few years. The big concern we have is the critical nature of keeping our landfill fully staffed so we can take the solid waste from our region. We take approximately 200,000 tons of waste per year from Frederick County, Clarke County, and the City of Winchester. We must remain open and stay fully staffed to comply with the Virginia Department of Environmental Quality(DEQ) requirements. After some discussion, the committee recommended the staff evaluate salaries of current employees and the salary ranges and bring the information with recommendations back to the committee at the August 31, 2021, meeting. 4-Carry forward request—Frederick County Animal Shelter: The committee discussed the items listed in attachment 1 for a carry forward request for the Animal Shelter. A motion was made by Supervisor Wells recommending approval of the request in the amount of$9,717.22. The motion was seconded by committee member Strawsnyder and unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. 5-Donation fund appropriation—Frederick County Animal Shelter: The committee discussed the appropriation listed in attachment 1 for the Animal Shelter. A motion was made by Supervisor Wells recommending a supplemental appropriation in the amount of$10,000.00 from donations in the reserve fund line item 10-240-2501. The motion was seconded by committee member Fisher and unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. 6-Supplemental appropriation for court restitution—Frederick County Animal Shelter: The committee discussed two court restitution cases resulting in funds due to the Animal Shelter for animal care provided during the court cases. A motion was made by Supervisor Wells approving both amounts, $1,126.80 and $220.00. The motion was seconded by committee member Fisher and unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. 7-Discuss a possible building addition— Frederick County Animal Shelter: We discussed a possible building addition utilizing the sally port area in the rear of the building. After some discussion, the committee recommended moving forward with design. I will request funds for the design to come from the donation fund reserve and forward the request to the Finance Committee for further consideration. 8-Public Works project updates: a. Construction of the new 11-acre MSW Landfill, Phase 3, Cell A continues. It is anticipated the project will be completed by December 2021. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 69 b. Final work continues on Crossover Boulevard with an anticipated completion in September 2021. C. Design work for the renovation of space at Sunnyside Plaza for the Voter Registrar continues with a design completion by September 2021. d. Construction of Renaissance Drive, Phase 2 is imminent if final funding can be secured. A request from the Transportation Committee will be going to the Board of Supervisor meeting in August 2021. e. I will be attending DEQ working group meetings over the next few months to discuss possible increased state fees. The general assembly will be using recommendations from this committee to increase funds paid to the state for DEQ staff personnel performing landfill related work. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed" Strawsnyder,Jr. Whitney"Whit" L. Wagner By Joe C.Wilder Public Works Director JCW/kco Attachments: as stated cc: Mary Beth Price, Interim County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Holly Grim, Assistant Animal Shelter Manager file Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 70 Board of Supervisors Meeting Minutes of August 11, 2021 - Appendix 4 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 2, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting),James Racey(Voting), Charles DeHaven,Jr. (Voting), Shawn Graber(Voting) and Lewis Boyer(Liaison Stephens City). Committee Members Absent: Cordell Watt (Voting) Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-Renaissance Drive: Staff gave an overview of the Renaissance Drive project as follows: Renaissance Drive Phase II will extend the segment that was completed in Renaissance Drive Phase I by completing the roadway from Prosperity Drive to Shady Elm Road, thus completing the full connection from Route 11 to Shady Elm Road. This will be a 2-lane facility, eventually planned as 4-lanes and includes a new crossing of the CSX railroad which will replace the substandard crossing at Springdale Road. The final design plans have been approved by VDOT and CSX. The final right-of-way plats and easements are being processed and staff is ready to prepare bid packages and go to bid. Staff is in receipt of the final pre-bid estimate that has a shortfall of$1,016,165.05.A portion of this shortfall may be funded by transfers from other revenue sharing projects and the remaining current anticipated difference would require local funds of approximately$364,083. Staff identified proposed sources of local funds including Fund 27 (projects fund) and the transportation reserve fund. Also,Artillery and Carbaugh properties are currently under contract for significant development that is not expected to materialize if the road project does not move forward. The Board of Supervisors will review after bids are received and the final CSX numbers are received. Staff is seeking a recommendation from the Committee to the Board of Supervisors to allow the project to move forward to bid with the understanding that the shortfall would be covered with a combination of revenue sharing transfer and the identified budgeted Transportation funds. Upon a motion by, Mr. Gary Oates seconded by Mr.James Racey the Committee recommended to take the Renaissance Drive project to bid and address the budget estimate with the revenue sources identified to the Board of Supervisors for recommendation of approval. 2-Redbud Road Revenue Sharing Application:Staff discussed the Redbud Road Realignment project and the 1-81 Exit 317 Ramp project with the Committee. Funding of the Exit 317 ramp realignment, VDOT has made it clear to the County that, prior to the project taking place,the Redbud Road Realignment must be completed. Staff has submitted a preapplication for revenue sharing funds to address the difference Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia 71 in funding within the secondary program and the updated project cost estimate. The revenue sharing funds would require a match of approximately$2,000,000 once they become available in 2026. Upon a motion by, Mr.James Racey seconded by Mr. Shawn Graber the Committee recommended Staff to finalize the revenue sharing application and adopt a supporting resolution to forward to the Board of Supervisors for recommendation of approval.The motion passed with one no vote. ITEMS FOR INFORMATION ONLY: 1-Comprehensive Plan Update-Transportation: Staff updated the Committee on the final draft updates. Staff gave an overview of the main Transportation chapter of the plan for a final review as well as small area Maps and Plans.The Committee had no feedback or considerations. 2-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge: The signal mast arms are being put in place at the intersection with Route 522.The final paving and striping remain to be completed on the interior roadway as well as signage and some ADA ramps. 3-Other:The location and time was discussed for the Fall Transportation Forum.An October date suits the Committee members.The availability of the Airport as a venue is preferred for the location.Judith McCann-Slaughter has received concerns from residents on speed reduction on Welltown Road and Payne Road areas and for distribution signage to be installed on those areas as well. Staff will be in contact with VDOT to address the concerns. Minute Book 47 Board of Supervisors Closed Session&Regular Meeting of August 11,2021 County of Frederick, Virginia