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HomeMy WebLinkAboutSeptember 14 2022 Regular Meeting MinutesMINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 14, 2022 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: J. Douglas McCarthy, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Judith McCann -Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. Charles S. DeHaven, Jr., Chairman, participated remotely. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning -Transportation; Mark Cheran, Zoning & Subdivision Administrator; Joe Wilder, Director of Public Works; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Vice Chairman McCarthy called the meeting to order at 7:00 p.m. INVOCATION John Van Drunen, Executive Pastor at Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. REMOTE PARTICIPATION AUTHORIZED Supervisor Slaughter moved that the Board of Supervisors of Frederick County approve remote participation by Chairman Charles S. DeHaven, Jr., from his Frederick County home for medical reasons. Supervisor Graber seconded the motion which carried on a voice vote. Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 50 ADOPTION OF AGENDA - APPROVED The proposed agenda was adopted on a voice vote following a motion by Supervisor Slaughter, seconded by Supervisor Graber CITIZEN COMMENTS - None ++++++++++++++ ADOPTION OF CONSENT AGENDA — APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Josh E. Ludwig Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye - Approval of Work Session Minutes of August 10, 2022 - CONSENT AGENDA APPROVAL - Approval of Regular Meeting Minutes of August 10, 2022 - CONSENT AGENDA APPROVAL - Acceptance of Parks & Commission Report of August 9, 2022 - CONSENT AGENDA APPROVAL, Appendix 1 - Acceotance of Public Works Committee Resort of Auaust 30.2022 - CONSENT AGENDA APPROVAL Appendix 2 - Acceptance of Transportation Committee Report of August 22, 2022 - CONSENT AGENDA APPROVAL, Appendix 3 - Request from the Commissioner for Refund: Alban Tractor Co. Inc. - $19,884.61- CONSENT AGENDA APPROVAL - Review of NWCS' Fiscal Year 2023 Performance Contract - CONSENT AGENDA APPROVAL ++++++++++++++ BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS - None ++++++++++++++ Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 51 APPOINTMENTS TO BOARDS. COMMITTEES. AND COMMISSIONS NED CLELAND REAPPOINTED TO FREDERICK -WINCHESTER SERVICE AUTHORITY — APPROVED On motion of Supervisor Wells, seconded by Supervisor Slaughter and carrying on a voice vote, Ned Cleland, PhD., was reappointed to the Frederick -Winchester Service Authority for a three-year term ending August 31, 2025. EVA MILLER NOMINATED THE SHENANDOAH AREA AGENCY ON AGING BOARD= APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, and carrying on a voice vote, Eva Miller was nominated to the Board of the Shenandoah Area Agency on Aging to fill the remainder of the current term and an additional term ending September 30, 2026, with the final appointment to be made by the Agency Board. CARLEY WALKER REAPPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY — APPROVED On motion of Supervisor Dunn, seconded by Supervisor Wells and carrying on a voice vote, Carley Walker was reappointed to the Winchester Regional Airport Authority for a four-year term ending October 10, 2026. ++++++++++++++ PUBLIC WORKS COMMITTEE BUSINESS Supervisor Wells moved for the adoption of the following fee schedule for solar farm projects: *Construction of the first 250,000 square feet would be $.05 per square foot *Additional square feet over 250,000 square feet would be charged $.03 per square foot. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia Josh E. Ludwig Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye 52 ++++++++++++++ PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED GRANTING OF AN EASEMENT TO SHENANDOAH VALLEY ELECTRIC COOPERATIVE OVER CERTAIN LAND OWNED BY FREDERICK COUNTY, IDENTIFIED BY TAX PARCEL NUMBER 51-A- 170B, 120 MCFARLAND ROAD, IN THE BACK CREEK MAGISTERIAL DISTRICT — APPROVED County Attorney Williams reviewed the request from Shenandoah Valley Electric Cooperative (SVEC) for a communication services easement to follow SVEC's current electric line corridor that crosses the edge of the Round Hill convenience site property saying that SVEC indicates that the easement is to facilitate broadband deployment. Vice Chairman McCarthy opened the public comment period. No one wished to address the Board. Vice Chairman McCarthy closed the public comment period. Supervisor Graber moved for approval of the Granting of an Easement to Shenandoah Valley Electric Cooperative Over Certain Land Owned by Frederick County, Identified by Tax Parcel Number 51 -A - 170B, 120 McFarland Road, in the Back Creek Magisterial District. Supervisor Wells seconded the motion. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Josh E. Ludwig Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ++++++++++++++ PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS REVISION TO CHAPTER 143 STORMWATERIEROSION AND SEDIMENT CONTROL, CHAPTER 144 SUBDIVISION OF LAND, AND CHAPTER 165 ZONING ORDINANCE, TO CODIFY THE COUNTY'S ADOPTED MONETARY GUARANTY AND PERFORMANCE AGREEMENT POLICY, ENSURING THE MONETARY GUARANTIES AND PERFORMANCE AGREEMENTS FOR VARIOUS LAND DEVELOPMENT PROCESS WITHIN FREDERICK COUNTY ARE REVIEWED, AND APPROVED IN CONFORMANCE WITH THE ADOPTED POLICY — APPROVED Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 53 Planning Director Wyatt Pearson reviewed the proposal to codify the County's adopted Monetary Guaranty and Performance Agreement policy, ensuring the monetary guaranties, bonds, and performance agreements for various land development processes within Frederick County are reviewed, and approved in conformance with the adopted policy. He said the Board of Supervisors adopted the Monetary Guaranty and Performance Agreement policy on May 25, 2022. Vice Chairman McCarthy opened the public comment period. No one wished to address the Board. Vice Chairman McCarthy closed the public comment period. Supervisor Dunn moved for approval of the revisions to codify the County's adopted Monetary Guaranty and Performance Agreement policy, to ensure the monetary guaranties, bonds, and performance agreements for various land development processes within Frederick County are reviewed and approved in conformance with the adopted policy. Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye RESOLUTION AN ORDINANCE AMENDING THE FREDERICK COUNTY CODES CHAPTER 143 STORMWATER/EROSION AND SEDIMENT CHAPTER 144 SUBDIVISION OF LAND AND CHAPTER 165 ZONING ORDINANCE CHAPTER 143 STORMWATER/EROSION AND SEDIMENT CONTROL § 143-240 PERFORMANCE BONDS CHAPTER 144 SUBDIVISION OF LAND ARTICLE VII IMPROVEMENTS AND GUARANTIES § 14440 GENERAL REQUIREMENTS NTS § 144-41 FORMS OF GUARANTIES § 144-42 AMOUNTS OF GUARANTIES § 144-43 PERIOD OF GUARANTIES § 144-44 REDUCTION OF GUARANTIES § 144-45 MAINTENANCE BONDS CHAPTER 165 Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 54 ZONING ORDINANCE ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 802 SITE PLANS 165-802.04 REQUIRED IMPROVEMENTS WHEREAS, the Board of Supervisors has considered an amendment of Chapter 143 Stormwater/Erosion and Sediment Control, Chapter 144 Subdivision of Land, and 165 — Zoning Ordinance, to codify the County's Monetary Guaranty and Performance Agreement policy, ensuring the monetary guaranties and performance agreements for various land development processes within Frederick County are reviewed, and approved in conformance with the policy; and WHEREAS, the Planning Commission held a public hearing on the ordinance amendment on August 17, 2022, and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on September 14, 2022; and NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors adopts the attached ordinance to amend Chapter 143 Stormwater/Erosion and Sediment Control, Chapter 144 Subdivision of Land, and Chapter 165 Zoning Ordinance, to codify the County's adopted Monetary Guaranty and Performance Agreement policy, ensuring the monetary guaranties, bonds, and performance agreements for various land development processes within Frederick County are reviewed, and approved in conformance with the policy. Chapter 143 — Stormwater/Erosion and Sediment Control § 143-240 Performance bonds. A. Prior to the issuance of any permit, the owner or permittee shall execute and file with the Administrator a Frederick County performance agreement and monetary guaranty in such form as is in accordance with the monetary guaranty and performance agreement policy adopted by the Board and in an amount determined in accordance with the Frederick County bond estimate worksheet which shall be equal to the approximate total cost of providing erosion and sediment control and stormwater quality and quantity improvements as required by this chapter and shown on the approved plans in addition to a 25% contingency of the total bond amount. B. The Frederick County erosion and sediment control and stormwater management performance agreement and monetary guaranty is to ensure that measures could be taken by the County at the applicant's expense should he fail, after proper notice as outlined in § 143-225, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions because of his land -disturbing activity. If the County takes such action upon such failure by the applicant, the County may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. C. Upon successful completion of the land -disturbing activity, to include submittal of the construction as -built drawings of permanent stormwater management facilities described in § 143-165 and prior to termination of the VSMP permit, the owner or permittee must provide written notification to the County in accordance with the Bonding Policy. Upon verification of adequate stabilization of land -disturbing activity in the project or any section thereof, the Administrator shall take action upon the monetary guaranty and performance agreement in accordance with the Bonding Policy Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 55 D. If the applicant/owner fails to comply with the approved SWPPP as documented through the site inspections described herein, and after proper notification, the Administrator may determine that the performance agreement is in default, and the monetary guaranty may be used to execute the plan. Chapter 144 — Subdivision of Land Article VII Improvements and Guarantees § 144-40 General requirements. All improvements shown on the subdivision design plan and the final subdivision plats shall be provided by the applicant. In order to obtain approval of the final subdivision plats, all improvements must be constructed or sufficient guaranties and performance agreements must be provided in such amount and such form as is in accordance with the monetary guaranty policy and performance agreement policy adopted by the Board. § 144-41 through § 144-45 are repealed. Chapter 165 — Zoning Ordinance Article VIII Development Plans and Approvals Part 802 Site Plans § 165-802.04 Required improvements. A. All improvements and construction on the site shall conform with the approved site plan or illustrative sketch plan and the requirements of the Frederick County Code. [Amended 8-12-2015] B. The Director of Planning and Development may require a monetary guaranty and performance agreement in accordance with the monetary guaranty policy adopted by the Board, to ensure the completion of required improvements. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS REZONING #05-22 GREYSTONE PROPERTIES — APPROVED John Bishop, Assistant Planning Director, reviewed the proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC Age -Restricted) saying it seeks to replace the current text defining age -restricted with the new language to align with the federal guidelines governing age -restricted Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 56 housing more accurately. He said no other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27 -acre (RP) Residential Performance zoned subject properties (Back Creek district) remains unchanged. He added the Planning Commission sent the application forward to the Board of Supervisors with a recommendation of approval. Supervisor Graber moved for approval of the amended proffer statement for Rezoning #02-21 (Greystone Properties, LLC Age -Restricted). Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-22 GREYSTONE PROPERTIES WHEREAS, REZONING #05-22 Greystone Properties submitted to revise the proffers associated with Rezoning # 02- 21Greystone Properties. This proffer amendment seeks to replace the current proffered text defining age -restricted language, to align with the federal guidelines governing age -restricted housing more closely. The subject properties are located north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, and are identified by Property Identification Numbers 53-A-91 and 63 -A -2A in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on September 7, 2022, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on September 14, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to revise the proffers associated with Rezoning #02-21 Greystone Properties to replace the current proffered text setting out age -restricted provisions, to align with the federal guidelines governing age -restricted housing. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + CAPITAL IMPACTS MODEL (CAPIM) 2022 ANNUAL BASE YEAR DATA UPDATE Planning Director Pearson presented the draft update to the Capital Impacts Model (CapIM) saying it is designed to evaluate the anticipated need for capital facilities based on growth and to determine the cost of those capital facilities to the County. He said the model determines the cost to the County for mitigating the infrastructure impacts associated with rezonings and is the tool to use to determine if a cash proffer can Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 57 be collected due to the presence of "excess capacity" or not. He continued by saying the Model provides a cash proffer calculation for County staff to use in determining the reasonableness of a cash proffer for a development project, noting there is no fixed output value with the CapIM as each example is variable depending on the location and makeup of a given project. He said Staff is seeking approval from the Board of Supervisors to utilize the updated 2022 base year data in the CapIM. Supervisor Slaughter moved for approval for staff to utilize the updated Capital Impacts Model. Supervisor Dunn seconded the motion. Supervisor Dunn stated that the Board should seek changes in the General Assembly to assist in addressing needed changes in the transportation network to support growth in the community. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye BOARD LIAISON REPORTS David D. Stegmaier Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ++++++++++++++ Supervisor Wells offered congratulations on the recent naming of Stacy Herbaugh as Director of Parks and Recreation. Supervisor Ludwig noted concern about the staffing levels in the Social Services Department. CITIZEN COMMENTS Tim Regan, Back Creek District, commented on recent vacancies in Frederick County Public Schools administration and encouraged the Board to seek a forensic audit of the school system's finances. Allan Shaffer, Shawnee District, commented that the use of the CapIM model could lead to builders cutting corners to be the first to develop in an area. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn referenced the CapIM model saying that costs should be borne by all new development. Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia a:3 Supervisor Slaughter announced upcoming public input sessions regarding the update of the County's Northeast Land Use Plan. Supervisor Graber noted concern about the abrupt departure of the Interim School Superintendent in July adding that he hopes the current Interim will supply the budget information to the Board as had been promised by the previous Interim Superintendent. Supervisor Wells noted his attendance at the recent Fire & Rescue Academy graduation ceremony and the Fire and Rescue Awards and Promotions ceremony and offered his congratulations to the participants. Supervisor Ludwig said the Board had not reached a consensus on offering a rebate or relief to those seeing a tax increase when the value of vehicles increased. He said he hoped that the Board would decide to do so. CLOSED SESSION At 7:39 p.m., Supervisor Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 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 an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed by the Board, regarding specific legal matters requiring the provision of legal advice by such counsel, the litigation and matters concerning various notices of violation issued against and enforcement proceedings against Winchester Wireless, LLC, Williamson Enterprise, LLC, trading as Winchester Wireless, and/or any affiliate entities, regarding the construction of one or more telecommunications towers, and concerning the legal requirements for conditional use permits and/or other County approvals for such telecommunications towers. Supervisor Graber seconded the motion which carried on a voice vote. At 8:16 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 Supervisor Wells, seconded by Supervisor Dunn, and carrying on a voice vote. Supervisor 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 Graber seconded the motion which carried as follows on a recorded vote: Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 59 Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ADJOURN The meeting was adjourned at 8:18 p.m. on a motion of Supervisor Wells, seconded by Supervisor Graber. 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 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia �i7 Board of Supervisors Meeting Minutes of September 14, 2022 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday September 14, 2022 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA To: Jay Tibbs, Deputy County Administrator From: Stacy Herbaugh, Interim Director, Parks & Recreation Dept. Date: August 10, 2022 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on August 9, 2022. Members present were Natalie Gerometta, Gary Longerbeam, Amy Strosnider Ronald Madagan, Charles Sandy, Jr., Dennis Grubbs, and Jenny Myers. Non-voting Board Liaison, Mr. Robert Wells. Members Absent: Guss Morrison. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommended requesting a supplemental appropriation in the amount of $3,044.30 which represents donations received to the PLAY Fund during FY 22 and dispersed to the appropriate revenue lines. These funds represent financial assistance provided to County youth to participate in a variety of programs and activities. 2. The Planning Committee made a motion to accept the attached findings of the 2022 Community Survey as presented, seconded by Mrs. Myers, carried unanimously (7-0). (Attachment A). 3. The Buildings and Grounds Committee made a motion to allow Sherando High School use of the multi-purpose room Monday -Friday for classroom and afterschool hours space, seconded by Mr. Grubbs, carried unanimously (7-0). The Commission asked that the room be vacated and available for community use by 5 p.m. on Friday evenings. 4. The Buildings and Grounds Committee made a motion to allow the 2 For 2 Foundation to place signs along the roadway at park entrances, seconded by Mrs. Strosnider, carried unanimously (7-0). The Commission asked that only 1 sign per entrance be allowed, only during the fundraising period for the Foundation, and that the Foundation maintain the signs. Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 61 Board of Supervisors Meeting Minutes of September 14, 2022 - Appendix 2 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, August 30, 2022 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: Kevin Kenney Staff and others present: Mike Bollhoefer, County Administrator; Jay Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Kevin Alderman, Shawneeland Manager; Ron Kimble, Landfill Manager; Mark Fleet, Building Code Official. (Attachment 1) Agenda Packet ITEMS REQUIRING ACTION 1 -Updating the Inspection Departments fee schedule relating to solar farm projects There are currently multiple large solar farm projects that are planned to be constructed in Frederick County. One Large project is applying for building permits in the next few days. In looking at the current commercial building permit fee schedule, the fees were developed for construction of buildings and the multiple inspections required. However, the solar farm projects are very large but do not need the number of inspections as a commercial building would require. When you apply the current commercial building permit to these large projects, the building permit fees become very high. Therefore, we have reevaluated the amount of inspection time necessary for the solar projects and have determined a building permit fee schedule below: *Construction of the first 250,000 square fee would be $.05 per square feet *Additional square feet over 250,000 square feet would be charged $.03 per square feet The proposed fee schedule would adequately cover all associated inspection costs. This fee is separate from the electrical permit fees that will also be charged to ensure all the electrical work is installed per all applicable code requirements. In the attached justification memorandum from the building code official, we provide an example of the costs associated with a typical solar farm project under the proposed fee schedule. We did perform research on what other localities have charged for building permits fees for solar farm projects in their locality and could not determine a cost. Most solar farm projects directly involve an electric power company and they are exempt from the building code and do not require permitting. The solar farm developers in Frederick County are private and therefore, must obtain permits and pay the permitting fees. Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 62 A motion was made by committee member Fisher recommending the new fee schedule for new solar farm projects. The motion was seconded by Supervisor Wells and unanimously approved by the committee. This action will go directly to the Board of Supervisors for their consideration and approval. ITEMS FOR INFORMATION ONLY 1 -Discuss the Tomahawk Trail/Maple Trail bus stops-Shawneeland Sanitary District Currently, there are three bus stops in Shawneeland. The Tomahawk Trail bus stop is located adjacent to a mailbox house, playground, and a recreational pond. During the Spring of this year, it was determined by the school transportation director and the school resource officer with the Frederick County Sheriff's Office that the Tomahawk Trail bus top has become unsafe due to increased traffic volumes and so many children occupying the same space. They communicated with Kevin Alderman, Sanitary District Manager and recommended we close the Tomahawk Trail bus stop. To handle the increased volumes, we have expanded the Maple Trail bus stop. In order to have a long- lasting parking lot for the parents to park in, we need to pave and stripe the expanded lot. We anticipate these improvements should cost less than $100,000. We will be discussing this at an upcoming Finance Committee Meeting. 2 -Update on Public Works Projects A. The grouting project for Cherokee Dam is scheduled for October. B. The Gore Convenience Center site improvement project is scheduled to begin in late September. C. The Marion Drive road project has begun with an end of September completion date. D. Kee Construction has begun the Sunnyside Plaza renovation for the Voter Registrar with an April 2023 completion date. E. We are going through the Department of Environmental Quality (DEQ) Virginia Water Permit process with an anticipated completion in March 2023. Through the permitting process, some adjacent property owners have been contacted. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed" Strawsnyder, Jr. Kevin Kenney By Joe C. Wier Public Works Director Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 63 Board of Supervisors Meeting Minutes of September 14, 2022 - Appendix 3 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 22, 2022 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman (Voting), Charles DeHaven, Jr. (Voting), Kevin Kenney (Voting), Shontya Washington (Voting), Gary Oates (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Shawn Graber (Voting). Staff Present: Assistant Director John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1 -Commonwealth Transportation Board Update: Mark Merrill, Commonwealth Transportation Board (CTB) member representative for the Staunton District gave an update of the CTB meeting at Virginia Tech in July. Also, Mr. Merrill requested additional information on the County's number of applications and the priority of the applications relative to each other. Staff explained that they have worked closely with the Staunton District VDOT Planning team on the direction of the projects that have been submitted. 2 -Rural Bus Service Request: Mike Bollhoefer, County Administrator received a request from a resident to explore providing bus service to the rural areas of the County. Staff gave a background on the County's experience in the past on bus service. After much discussion, the Committee recommended to bring a request to the Committee for extra support to be allotted to the Shenandoah Area Agency on Aging since they are actively addressing this service for the Community. 3 -Update on Federal Funds: Staff give a brief overview on their investigation into the procurement of federal funds and the meeting held with state and federal officials. Staff has moved forward with the Safe Streets and Roads for All Program Grant that has allowed for applications of highest quality that seem to do the best so Staff will submit an application at the MPO level. 4 -Update on Study Requests: The Committee gave an update of the studies that the Committee recommended, and the Board approved on July 13, 2022, to utilize the County transportation budgeted funds on three (3) proposed studies for Route 522/Gainesboro Road signal justification report is under review with the VDOT Engineer Review Committee as it is on the Agenda for the August meeting. The Route 37 Comprehensive Phasing and Feasibility study, and Route 37, Route 7 to Route 11 design and environmental update of a two (2) lane section is in the planning stages as Staff is in the process of preparing the request for proposals for the project. Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia 5 -Update State Application Opportunities/Planning: Staff discussed the next key State funding/State managed funding application opportunities which are Revenue Sharing and the Transportation Alternatives Program. The Smartscale pre -applications have been submitted. Staff suggested monitoring the Smartscale projects going forward for the Revenue Sharing applications for the strongest projects. 6-Transporation Forum: The Committee recommended that Staff to continuing holding the County Transportation forum in the fall. After discussion the Committee suggested the meeting, be held at the Public Safety Building if available. 7 -County Project Updates: Renaissance Drive: Staff is working through the agreement and the real estate process with CSX. Staff gave a Redbud Road update as a site plan has been submitted by Greystone. The Committee suggested to Staff that a right -a -way needs to be completed and secured soon. Minute Book 48 Board of Supervisors Regular Meeting of September 14, 2022 County of Frederick, Virginia