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November 10 2021 Closed Session and Regular Meeting Minutes 144 MINUTES CLOSED SESSION & REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 10, 2021 5:30 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; Judith McCann-Slaughter; Blaine P. Dunn; J. Douglas McCarthy; Shawn L. Graber; 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; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Joe Wilder, Director of Public Works; Lenny Millholland, Sheriff; Seth Thatcher, Commissioner of the Revenue; Rich Venskoske, Director of Elections/General Registrar; Scott Varner, Director of Information Technologies; Patrick Fly, Assistant Director of Information Technologies; Andrew Farrar, GIS manager; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 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)(7) and (8) for consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, the actual or probable litigation and specific legal matters being (1)a potential claim by and probable litigation Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 145 by one or more landowners, relating to one or more provisions of the Frederick County Subdivision Ordinance and of the Frederick County Zoning Ordinance concerning the coordination of existing or planned streets, and (2) a potential claim against and probable litigation against one or more financial institutions with respect the County's enforcement of financial guaranties for the performance of subdivision public improvement obligations, and pursuant to Virginia Code Section § 2.2-3711(A)(3) for discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:40 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells, seconded by Supervisor McCarthy, and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor McCarthy seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye 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 6:41 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 delivered the invocation. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 146 PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Supervisor Graber moved for adoption of the agenda the following revisions: Item 11.A. CONDITIONAL USE PERMIT #10-21 FOR DAVID HERMENS be postponed for 90 days; Item 11.B. CONDITIONAL USE PERMIT#11-21 FOR BARTONSVILLE ENERGY FACILITY PHASE II, LLC be postponed until the second meeting in January 2022; Item 8.C. SUPERVISOR GRABER REQUESTS DISCUSSION: TOWN OF MIDDLETOWN FRIENDLY BOUNDARY LINE ADJUSTMENT be added, and the removal the recommendation for reappointment to the Board of Equalization under Item 8.A. COMMITTEE APPOINTMENTS. The motion was seconded by Supervisor McCarthy and carried on a voice vote. CITIZEN COMMENTS David Judd, Back Creek District, said after hearing a discussion at the last Planning commission meeting, he was seeking clarification on whether Family Lane is a public or private road. Gary Smith, Back Creek District, referenced the Planning Commission discussion of Family Lane and questioned the reference to Family Lane being used as an access for a solar farm project. Robert Clark, Opequon District, noted his concerns about a possible boundary line adjustment of the Town of Middletown Boundaries. Charlie Bard, Opequon District, said he agreed with the previous speaker and said adding another truck stop to the Middletown area is overkill. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. 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 Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 147 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Closed Session & Regular Meeting Minutes of October 27, 2021-CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report of October 20, 2021-CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Public Works Committee Report of October 26, 2021- CONSENT AGENDA APPROVAL,Appendix 2 -Approval of Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: ARI Fleet LT -$7,408.01 and Undisclosed Taxpayer — Disabled Veteran's Relief—$6,656.68 - CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber referenced the comment about Family Drive saying at this time there are no plans to use Family Drive as access to the solar farm project under consideration. Supervisor Graber noted the comment about a truck stop at Middletown saying that Sheetz has not proposed a truck stop but rather is planning a convenience store similar to others that it operates. He said he sees two options, working with Sheetz and a boundary line adjustment at Middletown, or allowing Sheetz to come in and construct their store with a septic system. He said he sees the benefit of working with Sheetz now. COUNTY OFFICIALS BRYAN FAIRBANKS REAPPOINTED TO EDA-APPROVED Supervisor Slaughter moved to reappoint Bryan Fairbanks to a 4-year term ending 11/10/2025 on the Economic Development Authority. Supervisor McCarthy seconded the motion which carried on a voice vote. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 148 JOHN JEWELL APPOINTED TO PLANNING COMMISSION AS AT-LARGE MEMBER- APPROVED Chairman DeHaven moved to appoint John Jewell as the At-Large member of the Planning Commission for a 4-year term ending 11/14/2025. Supervisor Graber seconded the motion. Supervisor McCarthy and Supervisor Graber expressed thanks for the service of Alan Morrison. The motion carried on a voice vote. SANDRA DUNKLE AND GUSS MORRISON REAPPOINTED TO NORTHWESTERN COMMUNITY SERVICES BOARD -APPROVED Supervisor Slaughter moved to reappoint Sandra Dunkle and Guss Morrison each to a 3- year term ending 12/31/24. Supervisor McCarthy seconded the motion which carried on a voice vote. RON MADAGAN RECOMMENDED FOR REAPPOINTMENT TO THE BOARD OF ZONING APPEALS -APPROVED Vice Chairman Wells moved to recommend Ron Madagan for reappointment to the Board of Zoning Appeals for a 5-year term ending 12/31/26. Supervisor Dunn seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + 2022 LEGISLATIVE AGENDA-APPROVED Deputy County Administrator Tibbs reviewed the proposed 2022 Legislative Agenda. Supervisor McCarthy moved for approval of the proposed 2022 Legislative Agenda with the additions proposed by Supervisor Dunn. Supervisor Graber seconded the motion which carried on a voice vote. Mr. Tibbs noted that OSHA has released an Emergency Temporary Standard obligating employers with 100 or more employees to require COVID-19 vaccinations or weekly testing and masking for their unvaccinated employees. He said the ETS may be converted to a"permanent"OSHA standard. Under the OSH Act,ETSs are to be in place for only six months.Comments are due December 6, 2021,and that staff would be forwarding additional information to the Board soon. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 149 + + + + + + + + + + + + + + TOWN OF MIDDLETOWN FRIENDLY BOUNDARY LINE ADJUSTMENT— DISCUSSED Supervisor Graber discussed the current proposal for a Sheetz convenience store east of Middletown and his desire that Town officials be involved in the process. He moved that the Board direct staff to review a boundary line adjustment. Supervisor McCarthy seconded the motion. Vice Chairman Wells said he would like to see what staff will develop on the topic. Supervisor Dunn said after hearing the public comments earlier in the meeting, he wants to review the proposal for its merits. The Chairman noted he does not object to discussion but sees potential for difficulties with the request. 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. No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Community Corrections Chief requests a Jail Fund supplemental appropriation in the amount of$3,451.99; The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of $20,000;The Sheriff requests a General Fund supplemental appropriation in the amount of$5,200; The Sheriff requests a General Fund supplemental appropriation in the amount of$50; The Sheriff requests a General Fund supplemental appropriation in the amount of $400; The Winchester Regional Airport Director requests an Airport Capital Fund supplemental appropriation in the amount of$39,558; The Fire& Rescue Chief requests a General Fund supplemental appropriation in the amount of $11,252.79; The Finance Director requests a General Fund supplemental appropriation in the amount of$35,149.99; and The Finance/Audit Committee charter adopted by Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 150 the Board of Supervisors requires an annual review and reassessment. 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 Aye Supervisor Slaughter moved for approval of the following: The Economic Development Authority Director requests an EDA Fund supplemental appropriation in the amount of$10,000. 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 Aye Supervisor Slaughter moved for approval of the following: The Purchasing Manager requests a County Purchasing Policy update to bring County policy in line with the Virginia Public Procurement Act(VPPA). In addition, it is requested that future changes to the VPPA automatically be incorporated in County policy. 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 Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) ORDINANCE, PURSUANT TO VIRGINIA CODE SECTION 15.2-1508, TO AUTHORIZE THE PAYMENT OF CERTAIN BONUSES TO EMPLOYEES OF THE COUNTY, OF AND AS ITS CONSTITUTIONAL OFFICERS, AND OF ENTITIES FOR WHICH THE COUNTY SERVES AS FISCAL AGENT. —APPROVED Finance Director Cheryl Shiffler discussed the request for a Jail Fund supplemental appropriation in the amount of $396,000 and a General Fund supplemental appropriation in the Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 151 amount of$177,000. She said these amounts total $573,000 and represent State Compensation Board bonuses for sworn personnel, and that the Finance Committee had recommended a$3,000 bonus for all County staff who meet the criteria established by American Rescue Plan Act (ARPA) guidance. She said of the total cost, $573,000 is the State Comp Board portion and the remaining $1,827,000 will use ARPA funds. Chairman DeHaven opened the public comment period. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor Slaughter noted the Finance Committee's approval and moved that the Board adopt the Ordinance, Pursuant to Virginia Code Section 15.2-1508, to Authorize the Payment of Certain Bonuses to Employees of the County, of and as its Constitutional Officers, and of Entities for Which the County Serves as Fiscal Agent.Vice Chairman Wells seconded the motion. Supervise McCarthy noted his concerns about the methodology for deciding on the bonus amounts and said that the Board will soon be receiving information obtained during the salary survey. Supervisor Dunn said the Board should have a discussion on the use of the ARA funds. Chairman DeHaven said the state has not made it easy by requiring a bonus for only some employees and that all the employees have worked hard and deserve to be treated equally. Supervisor Graber said he agreed that all staff need to be treated equally and thanked the staff for coming to work during the pandemic and getting the job done for the County. He said he could not support the motion. The motion carried on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE November 10,2021 WHEREAS, in Chapter 1 of the Acts of 2021 Special Session 11,approved by the Governor on August 10,2021,the General Assembly, at Item 477, Section I(13)(2)(s)(2)thereof, appropriated funds to provide Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 152 state-supported sworn officers of Sheriffs Departments and Regional Jails, a one-time bonus payment of $3,000 each; and WHEREAS,the Compensation Board has directed that each locality pay such bonus not later than November 30,2021, to those state-supported sworn officers of Sheriffs Departments and Regional Jails employed in such capacities on the date of payment of the bonus; and WHEREAS,the Board desires to make payment of a similar bonus to all employees of the County, of and as its Constitutional Officers, and of entities for which the County serves as fiscal agent; THEREFORE,be it hereby ordained that the Board of Supervisors authorizes a Jail Fund supplemental appropriation in the amount of$396,000; a General Fund supplemental appropriation in the amount of $177,000; and payment of a monetary bonus of$3,000 each to be paid to all individuals employed, as of the date of such payment,by the County,of and as its Constitutional Officers, and of entities for which the County serves as fiscal agent. + + + + + + + + + + + + + + ORDINANCE TO AMEND CHAPTER 7, ELECTIONS, OF THE FREDERICK COUNTY CODE. —POSTPONED County Attorney Williams reviewed the magisterial districts as advertised for the public hearing noting that following the November 2 elections,the lines have been adjusted to ensure that no currently serving or newly elected official would not be in his original magisterial district. He reviewed the newly drawn proposed boundaries and offered the Board two revisions from which to select the one that should be advertised for a future public hearing. Supervisor Dunn and Mr. Williams discussed having two precincts vote in the same polling place. Chairman DeHaven opened the public comment period. David Sparkman, Red Bud District, said he was pleased to see the proposed revisions to the map advertised for the public hearing. Dody Stottlemyer, Shawnee District, said she was glad to see the revisions to the proposed magisterial district lines in light of the election results. Kay Dawson, Red Bud District, said she attended a meeting with County staff and Supervisor-elect Josh Ludwig. She said she saw no hint of political leanings and that staff was doing their job. Gayle Ferreira, Shawnee District, referenced the advertised map saying it appeared that Supervisor-elect Ludwig was being placed outside his district, Christine Scarborough, Stonewall District, said she was concerned that Supervisor-elect Ludwig could be placed outside his district. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 153 Brian Nuri, Opequon District, said some of the proposed precinct names were confusing and the possible boundary line adjustment at Middletown would create further issues. Linda Martin, Stonewall District, said she liked the new revision proposed by Mr. Williams. Lisa Callahan, Shawnee District, said she was opposed to elected officials being redistricted out of their current district. Kevin Callahan, Shawnee District, said the original district boundaries as advertised had a negative effect on the elected officials and that he supported one of the two new options. Josh Ludwig, Shawnee District, said he supported the two new options presented by Mr. Williams. Corinna Lewis, Shawnee District, said she was opposed to the original version of the boundaries as advertised. Rob DeHaven, Stonewall District, commended the work on the new boundaries and encouraged the use of consistent color in various versions of the maps to reduce confusion to citizens. Mollie Brannon, Back Creek District, said the original version of boundaries would have affected Supervisor Dunn also by placing another elected official in his district. Dana Newcomb, Gainesboro District, said he did not think the original version of the districts conformed to state guidelines and suggested more work needed to be done on precincts. Chairman DeHaven closed the public comment period. Supervisor McCarthy moved that the Board direct staff to refine the revisions and move forward with advertising a new version of magisterial district boundaries for public hearing at the December 8 meeting. 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 Regular Meeting of November 10, 2021 County of Frederick, Virginia 154 PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS UPDATE TO THE FREDERICK COUNTY COMPREHENSIVE PLAN—APPROVED Assistant Planning Director Perkins presented the draft update to the Frederick County Comprehensive Plan for public hearing. Supervisor Slaughter thanked Ms. Perkins for her work on the update. Vice Chairman Wells said that comprehensive planning is not easy but noted that the redistricting discussion shows that the plan is working, and that growth is occurring in the places where the Board wants it to happen. Supervisor Dunn noted the expected population growth and said he would like to see the Board address the issue of completing Route 37. Chairman DeHaven opened the public comment period. Robert Clark, Opequon District, discussed the changes being text only rather than structural. Logan Thompson, Stonewall District, made a statement on behalf of Carmeuse. He noted changes he had suggested at the Planning Commission public hearing on the update including suggesting a review of the Northeast Land Use Plan. He said Carmeuse will be bringing forth an application for rezoning in the spring of 2022. Robert Light, Stonewall District, noted the Northeast Land Use Plan review saying he would like to see the designation on his property changed. He suggested the Board review the top five tax-paying businesses and suggest that data centers would be a good type of business to locate in the County. Chairman DeHaven closed the public comment period. Vice Chairman Wells moved for approval of the resolution to adopt the updated Comprehensive Plan including Appendix I and Appendix 11. Supervisor Slaughter seconded the motion. Supervisor Dunn said the comments received should be recognized. Supervisor Slaughter said transportation issues should be explored with the legislative Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 155 delegation. 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 RESOLUTION TO ADOPT THE UPDATED COMPREHENSIVE PLAN INCLUDING APPENDIX I AND APPENDIX II WHEREAS,the Comprehensive Plan for Frederick County is required by the Code of Virginia to be updated every five years; and WHEREAS, the 2040 Comprehensive Plans and Programs Committee (CPPC) discussed the updated Comprehensive Plan (including Appendix I and Appendix II), on August 9, 2021 and recommended it be sent to the Planning Commission for discussion; and WHEREAS, the Planning Commission discussed the updated Comprehensive Plan (including Appendix I and Appendix II), on September 1, 2021 and recommended it be sent to the Board of Supervisors for discussion; and WHEREAS, the Board of Supervisors discussed the updated Comprehensive Plan (including Appendix I and Appendix II), on September 22,2021; and sent the Plan forward for public hearing; and WHEREAS,the Planning Commission held a public hearing on the updated Comprehensive Plan (including Appendix I and Appendix II), during their regular meeting on October 20, 2021 and recommended approval; and WHEREAS,the Board of Supervisors held a public hearing on the updated Comprehensive Plan (including Appendix I and Appendix II),during their regular meeting on November 10,2021; and, WHEREAS, the Frederick County Board of Supervisors finds that the adoption of the updated Comprehensive Plan,(including Appendix I and Appendix 11),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 updates to the COMPREHENSIVE PLAN(INCLUDING APPENDIX AND APPENDIX 11), is adopted. The updated Comprehensive Plan(including Appendix I and Appendix II)shall be in effect on the date of adoption. + + + + + + + + + + + + + + ESTABLISHMENT OF THE HAYFIELD AGRICULTURAL AND FORESTAL DISTRICT- -APPROVED Zoning Administrator Cheran reviewed the request to create a new Agricultural and Forestal District"Hayfield District"that totals 819.9+/-acres saying the proposed District is located within the Back Creek Magisterial District and is generally located 2.5 miles west of the intersection of Route 50 and South Hayfield Road (Route 600). He said the proposed District would consist of five (5) parcels (39-A-89, 39-A-3, 39-A-5, 39-A-7, and 39-A-2) that total 819.9+/- acres, managed by one (1) property owner. He concluded by saying that the Agricultural District Advisory Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 156 Committee (ADAC)and the Planning Commission recommended approval of the request to create a new Agricultural and Forestal District known as"Hayfield District". Chairman DeHaven opened the public comment period. Beau Bassler said he requested the formation of the Hayfield District and asked the Board to approve the designation. Chairman DeHaven closed the public comment period. Supervisor Graber moved for approval of the resolution to establish the Hayfield Agricultural & Forestal District. 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 Aye ESTABLISHMENT OF THE HAYFIELD AGRICULTURAL&FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Hayfield Agricultural and Forestal District that would consist of 819.9+/- acres. The property is located 2.5 miles west of the intersection of route 50 and Hayfield Road(Route 600) and contains (5) parcels Numbers 39-A-2, 39-A-3, 39-A-5, 39-A-7, and 39-A-89, in the Back Creek Magisterial District; and WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this request at their meeting on September 21,2021 and recommended approval; and WHEREAS, the Planning Commission held a public hearing for this request at their regularly scheduled meeting on October 20,2021 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing for this request at their regularly scheduled meeting on November 10,2021; and WHEREAS, the Frederick County Board of Supervisors finds the creation and establishment of this new Hayfield Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Hayfield Agricultural & Forestal District consisting of 819.9+/- acres (Property Identification Numbers 39-A-2, 39-A-3, 39-A-5, 39-A-7, and 39-A-89) in the Back Creek Magisterial District, with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS CAPITAL IMPACTS MODEL (CAPIM)2021 ANNUAL BASE YEAR DATA UPDATE Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 157 Assistant Planning Director Perkins presented the draft update to the Capital Impacts Model. She said Staff is seeking approval from the Board of Supervisors to utilize the updated 2021 base year data in the CaplM. Supervisor Dunn discussed the change in the law that affected the modeling. Supervisor Slaughter moved for approval for staff to utilize the updated Capital Impacts Model. 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 Dunn said the Board should encourage the General Assembly to address the issue of capital costs being borne by all rather than only new residents saying it causes an unfair rise in costs for long-term County residents. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Dunn said Fire and Rescue is undergoing a review of needs and will bring information to the Board. CITIZEN COMMENTS Micah Jacobs, Back Creek District, addressed tax sales saying that those owing back taxes should not be allowed to bid at tax sale auctions. Cary Kimble, Shawnee District, reported that on Election Day a poll worker felt threatened by Supervisor Graber. Brian Nuri, Opequon District, discussed Supervisor Graber's assertion about Deep Equity in the County schools and information obtained in a Freedom of Information Request. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 158 Katy Vance, Shawne District, said Supervisor Graber should be held accountable for his actions on Election Day which she said are a reflection on the entire Board. Richard Kennedy, Shawnee District, said that civility on Election Day was lacking and recounted an incident where a teenaged campaign volunteer poll worker was cursed by a voter. Robert Clark, Opequon District, discussed the proposed Sheetz development at Middletown saying it was referred to as a truck stop at a Town of Middletown meeting. Mollie Brannon, Back Creek District, said she was at the polls on Election Day and did not see a lack of civility. Josh Ludwig, Shawnee District, said he was at the Bowman Library polling place on Election Day and agrees with the calls for civility. BOARD OF SUPERVISORS COMMENTS Vice Chairman Wells noted the following day was Veterans Day and encouraged everyone to thank a veteran. Supervisor Graber discussed Election Day saying he witnessed illegal sample ballot being distributed. He thanked all Veterans for their service. Supervisor Slaughter said she is seeking a resident of the Stonewall District who would be interested in assisting with the Northeast Land Use Plan update. Supervisor Stegmaier proposed two reforms for elections having to do with sample ballot authorization and distribution and offered to draft language to include in the next legislative agenda. Chairman DeHaven recognized Interim County Administrator Mary Beth Price on the occasion of her final meeting in the role. He thanked her for her service to the Board and presented a letter of thanks signed by all Board members. Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 159 ADJOURNMENT On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 9:33 p.m. Charles S. DeHaven, Jr. Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 47 Board of Supervisors Regular Meeting of November 10, 2021 County of Frederick, Virginia 160 Board of Supervisors Meeting Minutes of November 10, 2021 - Appendix 1 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,October 20,2021 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors' meeting room at 107 North Kent Street on Wednesday,October 20,2021 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Robert Wells;Gary Oates;Angela Wiseman; and Jeffrey Boppe. Non-voting liaison: William Orndoff,Treasurer. Committee Members Absent: Non-voting liaison Seth Thatcher,Commissioner of the Revenue. 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; Kim Chmura,Community Corrections Chief; Missi Neal, Purchasing Manager; Nick Sabo,WRA Director; Patrick Barker, EDA Director; Wyatt Pearson, Planning Director;Jon Turkel,Assistant Parks& Recreation Director;Steve Majchrzak, Fire& Rescue Chief;and Lenny Millholland,Sheriff. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (0) Items 1—7, 10,and 12 were approved under consent agenda. 1. (0)The Community Corrections Chief requests a Jail Fund supplemental appropriation in the amount of$3,451.99. This amount represents unspent FY 2021 grant funds to be returned to the State. No local funds required. See attached memo, p.4. 2. (0)The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$20,000. This amount represents a carry forward of unspent FY 2021 proffer funds for the completion of the Abrams Creek Trailhead parking design. No local funds required. See attached memo, p.5. 3. (0)The Sheriff requests a General Fund supplemental appropriation in the amount of$5,200. This amount represents donations to be used toward the impound lot building. No local funds required. See attached memo, p.6—8. Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 161 4. (d)The Sheriff requests a General Fund supplemental appropriation in the amount of$50. This amount represents a donation to be used toward Honor Guard uniforms. No local funds required. See attached memo, p.9—10. 5. (Q)The Sheriff requests a General Fund supplemental appropriation in the amount of$400. This amount represents a donation to be used for K9 supplies. No local funds required. See attached memo, p. 11-12. 6. (Q)The WRA Director requests an Airport Capital Fund supplemental appropriation in the amount of$39,558. This amount represents additional grant funds available contingent upon approval by the DOAV. No local funds required. See attached information, p. 13—17. 7. (d)The Fire& Rescue Chief requests a General Fund supplemental appropriation in the amount of$11,252.79. This amount represents unspent FY 2021 State Homeland Security Program(SHSP)grant funds for the Stephens City Swiftwater Team. Grant has been granted an extension due to supply chain issues. No local funds required. See attached memo, p. 18. 8. The EDA Director requests an EDA Fund supplemental appropriation in the amount of$10,000. This amount represents grant funds awarded to Shenandoah County on behalf of the Shenandoah Valley Talent Solution Coalition to create a paid digital and social advertising campaign to retain and attract talent in the region. Frederick County EDA will direct the campaign. See attached memo, p. 19—20. The committee recommends approval. 9. The Purchasing Manager requests a County Purchasing Policy update to bring County policy in line with the Virginia Public Procurement Act(VPPA). In addition, it is requested that future changes to the VPPA automatically be incorporated in County policy. See attached information, p.21—24.The committee recommends approval. 10. (d)The Finance Director requests a General Fund supplemental appropriation in the amount of$35,149.99. This amount represents unspent VJCCCA funds in FY 2021 that must be returned to the State. No local funds required. See attached letter, p.25. 11. The Finance Director requests a Jail Fund supplemental appropriation in the amount of $396,000 and a General Fund supplemental appropriation in the amount of$177,000. These amounts total$573,000 and represent State Compensation Board bonuses for sworn personnel. No local funds required. See attached memo, p.26. The committee recommends a Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 162 $3,000 bonus for all County staff who meet the criteria established by American Rescue Plan Act(ARPA)guidance. The total cost is estimated at$2.4 million. Of that amount,$573,000 is the State Comp Board portion and the remaining$1,827,000 will use ARPA funds. Based on current ARPA guidance from US Treasury, bonuses are an eligible expense using a combination of two ARPA expense categories: Replacing Lost Public Sector Revenue and Providing Premium Pay for Essential Workers. 12. (d)The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p.27—29. NO ACTION REQUIRED BY BOARD OF SUPERVISORS: 1. The Planning Director presented information regarding solar taxation. See attached information, p. 30-31. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for September 2021. See attached, p.32. 2. The Finance Director provides financial statements ending September 30,2021. See attached, p. 33-43. 3. The Finance Director provides an FY 2021 Fund Balance Report ending October 14,2021. See attached, p.44. 4. The Finance Director provides the FY 2023 budget calendar. See attached, p.45. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Gary Oates Jeffrey Boppe Angela Wiseman By Finance Director Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 163 Board of Supervisors Meeting Minutes of November 10, 2021 - Appendix 2 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, October 26, 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; Rod Williams, County Attorney; Wayne Corbett, Deputy Treasurer. (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-Discussion/updates: Solid Waste Survey: We discussed some of the changes in waste disposal at some sites from last year.The trends indicate that the solid waste disposal rates are returning to pre-covid pandemic levels. 2-Update on Sunnyside Plaza-Renovation for Voter Registrar: ZMM Architects has completed design for the renovation.They have previously developed a construction estimate of$400,000. Deputy County Administrator,Jay Tibbs, indicated there are county proffers totaling$386,000 that could be used for this project. Mr.Tibbs indicated, if construction costs come in below proffer funds, we could fund the project with no direct costs to the county.After some additional discussion, Supervisor Wells made a motion to forward bid results to the Finance committee for further discussion if the bids come in under budget.The motion was seconded by committee member Strawsnyder and the committee unanimously approved the motion. 3-Discussion regarding the sinkhole in Crystal Lake/Cherokee Dam Shawneeland Sanitary District: Recently, a large sinkhole has appeared in the lake bottom of Crystal Lake in Shawneeland. The Lake is over 12 feet below normal pool and water has been leaking from this area for some time. Currently, it's a safety issue with a 6-8-foot opening, and the hole is over 20 feet deep. We have secured the area so no one can fall in the karst cavity. We have received a proposal from Viola Engineering to evaluate the karst features and make engineering recommendations to the county to safely fill the karst feature.The proposal is in the amount of$8,500. We have funds in this year's budget to pay for engineering study. Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 164 Once we have Viola's recommendations, we will come back to the Public Works Committee and the Shawneeland Advisory Committee for further discussion. We anticipate having the study completed over the next couple weeks. 4-Update on Landfill Personnel Study: We continue to struggle to find staff at the Regional Landfill. Due to salary differences regionally, we have had turnover with several positions. We have been doing some of our own evaluations of local salary ranges but are having a difficult time getting good data. After meeting with the Human Resources Department recently and discussing issues with Management Advisory Group (MAG), the county consultant doing a comprehensive county salary survey, we are going to wait and see the recommendations from this larger study. In talking with MAG, the existing salary ranges are low for our Landfill positions and they will have sufficient data to provide recommendations in their study. 5-Update on the Landfill Tire Program: Staff discussed the tire program operating at the Frederick County Landfill. Due to ongoing staffing issues, it's been difficult to maintain a regular tire chipping program. Also, we have seen a large increase in tires being dropped off. We have accumulated over 100,000 tires on- site and we have only been able to process approximately 15,000 tires per month. We operate the regional tire program through the Northern Shenandoah Valley Regional Commission (NSVRC), so we receive tires from Frederick, Clarke, City of Winchester, Warren County, Shenandoah County and Page County. However, due to the limited amounts of tire programs in the state, commercial tire businesses have attempted to come into our facility from Northern Virginia counties. We are the only locality taking commercial tires in the entire region. We are evaluating our current program and plan to make some recommended changes in the near future to assist us with managing the tires on-site.The Virginia Department of Environmental Quality (DEQ) ensures we follow required regulation, and we need to make some changes to follow these guidelines. 6-Update on Fiscal Year 2023 Budget Properties We informed the committee that budget preparations have begun for the FY2023 Budget. We are evaluating all programs within department and evaluating our fee structures. We will be presenting our budgets to the committee at our November 30, 2021, meeting. Budget packages are due to the Finance Department on that same date. 7-Update on Public Works Projects: a. Crossover Boulevard—The road was opened to the public on September 10, 2021.We are finalizing the project and hope to close it out in the next couple of weeks. b. Renaissance Drive—Phase 2:We have a completed the design and are awaiting finalization of all paperwork, deeds, right of ways, agreements, etc... so we can receive authorization from VDOT to put the project out for bid. We are hopeful for a January 2022 bid advertisement. Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia 165 c. Landfill MSW Cell Expansion: We are currently constructing an 11-acre landfill cell— MSW Phase 3, Cell A. Currently, the composite liner system is being placed. We anticipate completing the new cell in a couple months.This cell should provide at least 15 years of life expectancy. d. Shawneeland Tar and Chip Program: We recently performed our annual tar and chip paving program treating 5.24 miles of road at a cost of$178,725. e. Storage Building at Stephenson Citizens Convenience Center: We are currently working on building a 30' x 60' storage building at the site.The contractor(GEI) has begun the permit process for the new building, and we anticipate completing the project in the spring of 2022. f. Assistance with Development Bonds—Completion of New Roads: Recently, the Planning Department has called in bonds for two projects. In working with them, we will be overseeing completing the road construction with a contractor. A combination of bond funds along with local general funds will be necessary to complete the projects. We are working with VDOT to ensure we address all punch lists items and to get the streets taken into the VDOT secondary road maintenance system. g. Animal Shelter Renovation: Recently, in an effort to provide some more meeting space at the Animal Shelter,we proposed to renovate an existing sally port area in the rear of the building and build a garage to store county vehicles. However,we received very expensive preliminary engineering estimates for these projects, so they have been put on hold. 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-t 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 file Minute Book 47 Board of Supervisors Regular Meeting of November 10,2021 County of Frederick, Virginia