Loading...
HomeMy WebLinkAboutMarch 12 2008 Regular Meeting254 I I A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 12, 2008, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-371 I A ((7) pending legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DelIaven, Jr. Aye Gary W. Dovc Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon amotion byVice-Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (7) pending legal matters were discussed. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting oT03/12/08 255 Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECESS The Board recessed until 7:15 P.M. CALL TO ORDER Chairman Shickle called the meeting back to order. INVOCATION Reverend Daniel Hess, Harvester's of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPKOVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one addition to the agenda: - Proclamation in Honor of George Washington's First Journey into the Shenandoah Valley, March 16-22, 2008. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation in Honor of George Washington's First Journey into the Shenandoah Valley, March 16-22, 2008. - Parks and Recreation Commission Report -Tab E. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the Minute Book Number 33 Board of Supervisors Kegular Meeting of 03/12/08 256 consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the minutes from the February 13, 2008 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the February 20, 2008 Budget Worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the February 27, 2008 Budget Worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W .Dove Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 25~ Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the February 27, 2008 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. F,wing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR MARCH 2008 - (IZSOLUTION #046 08) -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved Denzil W. Cooper as employee of the month for March 2008. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH DENZIL W. COOPER WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees arc a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude, and other noteworthy contributions to their department and to the County; and WHEREAS, Denzil W. Cooper, who serves as Sergeant with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and WHEREAS, Denzil W. Cooper is deserving of special recognition for organizing and training his 23 person security team to conduct a tactical response to a major inmate disturbance. During the exercise, Sgt. Cooper's team performed superbly and it was a model response which set an excellent example of competence and professionalism which resulted in a security team that stands ready to perform this highly critical and essential tactical function. NOW, THEREFORE, I3E IT RESOLVEll, by the Frederick County Board of Supervisors this 12th day of March, 2008, that Denzil W. Cooper is hereby recognized as the Frederick County Employee of the Month for February, 2008; and Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 258 BE IT FURTHEK RESOLVED, that the Board of Supervisors extends gratitude to Denzil W. Cooper for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Denzil W. Cooper is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised that the Commissioner of the Revenue had requested a refund for Apple Pie Meadows, LLC in the amount of $5,435.19. The County Attorney had reviewed same and indicated a refunded appeared to be justified. Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM PARKS AND RECREATION COMMISSION RE: VIRGINIA RECREATIONAL TRAILS FUND PROGRAM -RESOLUTION (#048-081 OF ENDORSEMENT -APPROVED Administrator Riley advised that the Parks and Recreation Commission was requesting approval to apply for an 80%/20% matching grant fora 950 linear foot bicycle/pedestrian trail to be located adjacent to Old Dominion Greens subdivision along Warrior Drive and connecting to Sherando Park. The projected cost of $87,400 would be funded with $69,920 (80%) from the Department of Conservation and Recreation grant program and $17,480 (20%) by the developer of Old Dominion Greens subdivision. IIe noted this project would only be completed with the County~Fs involvement if the grant is approved and the County receives 100% reimbursement. He Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 255 concluded by saying this grant was being submitted to fulfill the terms of the agreed upon proffer for this development. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the above request. WHEREAS, in accordance with Department of Conservation and Recreation allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Department of Conservation and Recreation program a trails project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors requests the Department of Conservation and Recreation establish a project for a bike/pedestrian trail facility to connect the Tasker Land Bays subdivision to the recreation facilities in Sherando Park. BE IT FURTHER RESOLVED, that Frederick County will provide support to the project as specified in the application materials submitted. PASSED this 12th day of March, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PROCLAMATION (#003-08) IN HONOR OF GEORGE WASHINGTON~ES FIRST JOURNEY INTO THE SHENANDOAH VALLEY MARCH 16-22 2008 -APPROVED UNDER CONSENT AGENDA WHF,REAS, On March 11, ] 748, George William Fairfax and young George Washington, together with several others, left Belvoir for the Shenandoah Valley to complete some surveys for Lord Fairfax. Washington and Fairfax traveled about 40 miles and arrived at George Neavil's Ordinary around sunset where they spent the night. WIIEREAS, On March 12, 1748, the surveying party under the leadership of James Genn, the county surveyor of Prince William County, left at dawn for the Shenandoah Valley. They crossed the Blue Ridge Mountains by way of Ashby's Gap arriving at Capt. Ashby's home and ferry by evening where they spent the night on the east side of the Shenandoah River. WHEREAS, On Sunday, March 13, they spent with Lord Fairfax and then on the next day, March 14, they sent their baggage to Yost Hite's who lived and ran an inn at present day Bartonsville while the surveying party went about 16 miles down the Shenandoah to "lay off some lands on Cates Marsh and Long Marsh." WHERF,AS, On March 16,1748, George Washington's Diary entry stated "We set out early and rnish'd about one oclock and then Travell'd up to Frederick Town." So on this day, George Washington "Took a review" of the site of the town of Winchester for the first time, and spent his first night there in one of her inns. Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 260 WHEREAS, On August 14, 1755, Governor Dinwiddie appointed George Washington Command-in-Chief of all the Forces raised for repelling the hostile Invasions of the French and their Indian Allies, and required him to make Winchester his headquarters. WHEREAS, On May 18, 1761 George Washington was elected to serve in the House Burgesses from Frederick County. NOW, THEREFORE, BF. IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week ofMarch 16-22, 2008 in honor of George Washington's first journey into the Shenandoah Valley, which in 1748 was Virginia's frontier. ADOPTED this 12th day of March, 2008. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 19, 2008. Members present were: Charles Sandy, Jr.; P. W. Hillyard, III; Ronald Madagan; Robert Hartman; Martin Cybulski; Patrick Anderson; Jeffrey Butler; and Philip Lemieux. Items Requiring_Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. National Guard Readiness Facility Update -Staff briefed the commission on the proposal, previously reviewed by the Public Works Committee, to defer enhancements to the facility's Assembly Room for use by the Parks and Recreation Department until there is a need for this space. Staff's recommendation to defer the estimated $220,000 to $300,000 of improvements was a result of existing gymnasium space currently available, higher priority projects in need o funding, and the National Guards willingness to enter into an agreement allowing us to make these improvements at a later date. The Commission was also informed that the estimated cost o completing the necessary mechanical and structural accommodations for a future air conditioning system was requested by the Public Works Committee for consideration at their next meeting. There was a consensus by the Commission to support deferring the project until there was a demonstrated need; however, they agreed that the necessary improvements for the future installation of an air conditioning system should be made during construction of the facility. Standing Committee Reports 1. Building and Grounds Committee -The Committee recommended not allowing Calvary Church of the Brethren to hold abike-a-thon in the Clearbrook Park due to the park being suitable for this type of activity, but would recommend other locations to hold the ev second by Mr. Cybulski, carried unanimously (7-0). PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, March 4, 2008 at 8:00 a.m. All were present. ***ltems Requiring Action*** 1. Old Courthouse Museum Lease -Approved Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 261 Assistant County Administrator Kris Tierney presented a proposed five (5) year lease between Frederick County and the Old Courthouse Civil War Museum for the use of the Old County Courthouse (Attachment 1). The committee discussed the current lease which includes a payment of $6,000 per year and determined that the terms were fair and reasonable. County Attorney, Mr. Rod Williams, recommended that a minor modification be made to define museum use. Consequently, a motion was made by Bob Wells and seconded by George Ludwig to endorse the current lease with a modification to define museum use. The motion was unanimously approved by the committee. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board approved the lease with the modification to define museum use. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***Items Not Requiring Action*** 1. PPEA Proposal for New Park Property A closed session was convened in accordance with the Virginia Code 2.2-3711 A (30) to discuss a PPEA proposal to develop a community park in the eastern half of Frederick County. After reconvening from closed session, Mr. Gene Fisher suggested that the committee members take time to visit the site before the next scheduled public works meeting. 2. Use of New National Guard Facility for Recreational Opportunities In response to previous comments from the public works committee, Director of Parks and Recreation, Jim Doran, approached the design architectural/engineering firm for the new National Guard facility to obtain estimates for design and construction modifications that would be required to accommodate recreational uses. The attached e-mail (Attachment 2) summarizes the results of that inquiry. The committee reviewed and endorsed the proposal expenditure of $31,800 to achieve the necessary modifications and recommended that it be referred to the Finance Committee for their consideration. 3. Proposed Local Health Department Fees Lord Fairfax Health District Administrator, David Crabtree, presented a proposal to create local fees related to processing septic and well permits (Attachment 3). The proposed local fees will be $90 and $50 for septic and well permits, respectively. These fees will be in addition to the state fees that are currently being charged. After discussing the issue at length, a motion was made by Whit Wagner and seconded by George Ludwig to endorse the new local fees and forward them to the Finance Committee for their review. The motion was approved with five (5) members in favor and two (2) opposed. Mr. Dove and Mr. Wells opposed the motion. 4. Proposed Development Review Fee Increases Director of Planning and Development, Mr. F.,ric Lawrence, presented a summary of proposed fee increases related to the review of development documents. (Attachment 4). After discussing these increases at length, the committee recommended that the proposed changes be discussed with representatives of the Top of Virginia Builders Association before returning the Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 262 revised proposals to the Public Works Committee at their next scheduled meeting in April, 2008. 5. Stormwater Update Deputy Director of Public Works, Joe Wilder, presented a brief update of the revised Stormwater regulations currently being advertised and amended by the Department of Conservation and Recreation (DCR). The DCR is currently accepting comments concerning the new regulations. Staff will continue to keep the committee informed about the potential impacts to Frederick County. 6. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 5) b. Recycling Report (Attachment 6) a Animal Shelter Dog Report (Attachment 7) d. Animal Shelter Cat Report (Attachment 8) TRANSPORTATION COMMITTEE REPORT The Transportation Committee met on February 28, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gary Oates (liaison PC) George Kriz (liaison PC) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) Phil Lemieux( voting) James Racey (voting) Members Absent Donald Breeden (liaison Middletown) ***Items Requiring Action*** 1. Update to Proffer Model -Approved Staff noted to the Committee that on 2/14/08 staff met with representatives from the consulting group that created the County proffer model to discuss a potential expansion of the model to look at transportation. Feedback given at that meeting was that this project would cost $20,000.00 or less and take approximately two months to complete. It is anticipated that this addition would give staff and decision makers another evaluative tool to make use of when rezonings and their associated proffer packages are proposed. MOTION: The committee unanimously recommended approval to the Board to move forward with creating a transportation component to the proffer model. Staff has included a copy of the proposal provided by Tischler Bise. Funding for this item would come from Transportation budget code 4-010-12240-5604-000-074. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved moving forward with creating a transportation component to the proffer model. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting or 03!12/08 263 Richard C. Shickle Aye Gene E. Fisher Ayc Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***Items Not Requiring Action*** 1. Updated Draft of Secondarv Street Acceptance Requirements Staff updated the Committee on the most recent version of VDOTfEs draft Secondary Street Acceptance Requirements. Staff noted that the changes were not very substantive, with the exception that specific width requirements of roadways have been removed. 2. Revenue Sharing Staff recommended to the Committee that the County pursue a VDOT revenue sharing award for Renaissance Drive between Route 11 and Shady F,lm Drive. The Committee unanimously recommended this project and the resolution appears later in the agenda. 3. MPO Uudate At the MPO level, staff is participating in the formulation of the next Unified Planning Work Program, which outlines what the MPO projects will be for the coming fiscal year. In addition to moving forward with a County and Citywide transit study, we are advocating for a Phase II Route 37 Access Management Study. We will also be starting work on the update to the Long Range Transportation Plan. 4. Article Review 5. Other Staff updated the Committee on the status of VDOTfEs draft access management standards and Jerry Copp noted that VDOT is preparing to issue contracts on I-81 ramp lengthening projects at Route 7 (Exit 315) and Route 277 (Exit 307). VDOT is also working to install turn lanes on Route 522 in the vicinity of Omps Garage and also Bethel Church, and will be putting in turn lanes at the intersection of 522 and Hunting Ridge Rd. PUBLIC HEARING PUBLIC HEARING -PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK VIRGINIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA (the oCOUNTYii) WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (the oBONDol OF THE COUNTY IN AN AMOUNT NOT TO EXCEED $14,400,000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION AUTHORIZING THE ISSUANCE OF THE BOND WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT THIS MEETING ON MARCH 12 2008 - (RESOLUTION #047-08) APPROVED Administrator Riley advised this was a public hearing on a general obligation bond issuance in an amount not to exceed $14,400,000. Bond proceeds would be used as follows: Continue construction costs for the 12th elementary school - $ 9,400,000 Minute Book Number 33 Board of Supervisors Kegular Meeting of 03/12/08 264 Initial stage of the new transportation facility - $ 2,000,000 Initial stage of the replacement middle school - $ 2,000,000 Construction costs for Apple Pie Ridge elementary school - $ 1,000,000 $14,400,000 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded. by Supervisor Ewing, the Board approved the application in an amount not to exceed $14,400,000. A RESOLUTION (#047-08) AUTHORIZING THE ISSUANCE ANll SALE OF NOT TO EXCEED $14,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THF. FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow an amount not to exceed $14,400,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on March 12, 2008 on the issuance of the bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the School Board of the County has requested, by resolution, the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the objective of the Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $14,400,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/U8 26~ of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agrecment with the VPSA providing for the sale of the Bonds to VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008A" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "lnterest Payment Date"), beginning July 15, 2009, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and lnterest Rates. "fhe County Administrator i s hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued. by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) U. S. Bank National Association, Riclunond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2018 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2018 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2018 are subject to prepayment or redemption Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 266 at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2018 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2018 to July 14, 2019, inclusive 101% July 15, 2019 to July 14, 2020, inclusive..... 100.5 July 15, 2020 and thereafter 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"),and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 26~ Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 12, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. 1 hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 12th day of March, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - A RESOLUTION (#049-08)TO AMEND THE ARTICLES OF JANUARY 1.2058. -APPROVED PUBLIC HEARING -CONCURRENT RESOLUTION #050 08) OF THE COMMON COUNCIL OF THE CITY OF WINCHESTER AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY. -APPROVED PUBLIC HEARING - AMENDMENT TO THE INTERMUNICIPAL AGREEMENT - OPEOUON WATER RECLAMATION FACILITY - APPROVFD Administrator Riley advised this was a request to extend the life of the Frederick County Minute Book Number 33 Board of Supervisors Regular Meeting or 03/12/08 268 Sanitation Authority until January 1, 2058 to correspond with the length of term for a bond issuance. in addition, there was a request to amend the Articles of Incorporation for the Frederick-Winchester Service Authority to extend its term until January 1, 2058 and amend the Inter-Municipal Agreement for the Opequon Water Reclamation Facility. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board approved the resolution to amend the Articles of Incorporation of the Frederick County Sanitation Authority, the resolution to amend the Articles ofIncorporation oftheFrederick-Winchester Service Authority, and the amendment to the Inter-municipal Agreement for the Opequon Water Reclamation Facility. A RESOLUTION (#049-08)TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY TO EXTEND THE TERM OF THE AUTHORITY FOR A PERIOD TO EXPIRE JANUARY 1, 2058. WHEREAS, the Board of Supervisors (the "Board") of Frederick County, Virginia (the "County") adopted a Resolution on April 17, 1967, creating the Frederick County Sanitation Authority (the "Authority"); and WHEREAS, on July 13, 1998, the Board adopted a Resolution extending the term of the Authority for 50 years from the date of such adoption; and WHEREAS, the obligations of the Authority contemplate financing covering a period in excess of the remaining term of the Authority under °15.2-5114. NOW, THEREFORE, BE IT RESOLVED, that the Articles of Incorporation of the Frederick County Sanitation Authority adopted April 10, 1967, as amended from time to time, be further amended by Articles of Amendment in the following form: ARTICLES OF AMENDMENT OF FREDERICK COUNTY SANITATION AUTHORITY 1. The name of the Authority is "Frederick County Sanitation Authority". 2. The amendment adopted is to extend the term of the Authority for a period to expire January 1, 2058. 3. These Articles of Amendment were approved by a Resolution of the Board of Supervisors of Frederick County, Virginia, adopted on March 12, 2008, following a public hearing held on March 12, 2008. CONCURRENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WINCHESTER Minute Book Number 33 Board of Supervisors Regular Meeting of 03!12/08 269 AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY WHEREAS, by Concurrent Resolution of the City of Winchester (the "City") and the Board of Supervisors of Frederick County (the "County") and a Certificate of Incorporation issued by the State Corporation Commission pursuant to the Virginia Water and Waste Authorities Act (the "Act"), the Frederick-Winchester Service Authority (the "Authority") was incorporated as a public body politic and corporate in 1974, subsequently amended by appropriate similar action in 1985 and 1987; and WHEREAS, the City and the County desire to further amend the Articles of Incorporate of the Authority to extend the term of the Authority for a period to expire January 1, 2058, the Authority contemplating financing beyond the current date for termination of the Authority's existence in 2024. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Winchester and the Board of Supervisors of Frederick County, in separate meetings assembled, that the Articles of Incorporation of the Frederick-Winchester Service Authority be amended in the following manner: ARTICLES OF AMENDMENT OF FREDERICK-WINCHESTER SERVICE AUTHORITY 1. The name of the Authority is Frederick-Winchester Service Authority. 2. The amendment adopted is to extend the term of the Authority for a period to expire January 1, 2058. 3. These Articles of Amendment were approved by a Concurrent Resolution of the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, in separate meetings assembled, adopted by the City on , 2008, following a public hearing held on , 2008, and adopted by the County on March 12, 2008, following a public hearing held March 12, 2008. IN WITNESS WHEREOF, the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, have caused these Articles of Amendment to be executed this day of , 2008. (A copy of the Inter-Municipal Agreement is on file in the County Administrator's Office.) The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS: PUBLIC HEARING -REVOCATION OF CONDITIONAL USE PERMiT #09-04 OF Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 z7o JAMES AND BARBARA BAYLISS. THIS CONDITIONAL USE PERMIT IS BEING REVOKED DUE TO THE SIZE AND NUMBER OF SIGNS ON THE PROPERTY. THE PROPERTY IS LOCATED AT 2680 NORTHWESTERN PIKE (ROUTE 50 W)K AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 52-A-55 AND 52-A-56 IN THE GAINESBORO MAGISTERIAL DISTRICT - POSTPONED FOR 30 DAYS Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised that the Board approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as areal estate brokerage office on July 14, 2004 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square-feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Zoning Administrator Cheran went on to say that staff had received a complaint regarding violations to Conditional Use Permit #09-04 as it related to the size and number of signs located on the property. The property had two signs, which did not meet the requirements outlined in Condition #3. He stated that staff met with the property owner about this issue and how to bring the property into compliance. On December 12, 2007 staff sent a letter of revocation to the property owner. The Planning Commission considered this matter at its February 20, 2008 meeting and recommended that Conditional Use Permit #09-04 be revoked due to this violation. Supervisor Dove asked if the signs were still on the property. 7_,oning Administrator Cheran responded they had been taken down as of today. Jim Bayliss, property owner, appeared before the Board regarding his Conditional Use Permit. He stated that he agreed with some of what Zoning Administrator Cheran had said. He went onto say that he had always considered the sign in question to be a real estate sign. He advised that he had changed the sign by removing the word "Office" and putting on the words "Shown by Appointment". He went onto say that he had spoken with Supervisor Dove who suggested that he have Toning Administrator Cheran check out the sign details and make sure everything is in compliance. Mr. Bayliss acknowledged that the sign in question did exceed four square feet. He concluded by asking the Board fora 30 day extension so he could work with Zoning Administrator Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12!08 271 Cheran because he wanted to have a real estate sign in addition to the sign allowed by his Conditional Use Permit. Supervisor DeHaven asked for clarification that Mr. Bayliss wanted another sign in addition to the one allowed by his Conditional Use Permit. Mr. Bayliss responded that he did want the sign allowed by the Conditional Use Permit, as well as a For Sale sign because his property is for sale. Supervisor DeHaven responded that he found this very painful because three and a half years ago Mr. Bayliss stood at the podium and acknowledged that a 2' x 2' sign was required; however, the same non-compliant sign had been in place until yesterday. Supervisor Lofton stated that it was obvious at the Planning Commission meeting what needed to be done to bring the sign into compliance; however, at the meeting Mr. Bayliss was not willing to do that. Supervisor Lofton went on to say that he had some concerns because of the "cat and mouse" game that had been played up to this point. Mr. Bayliss responded that the sign had been taken down and would not be put backup until he met with the Zoning Administrator to make sure everything was in compliance. He wanted to know if he would be allowed to put up a For Sale sign and the Conditional Use Permit sign. Supervisor DeHaven responded that was a decision for the Board. He went on to say that whatever conclusion was reached it needed to come back to the Board for a decision. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board postponed a vote for 30 days with no sign to be placed on the property until approved by the Zoning Administrator and it be in compliance with the Conditional Use Permit. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye _^ Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 z~2 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND - DEDICATION OF RIGHT-OF-WAY. PROPOSED REVISION TO THE FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND• ARTICLE V DESIGN STANDARDS• SECTION 144-17 E EXPANSION OF EXISTING RIGHT-OF-WAY. -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the requirement for right-of--way dedication within Frederick County for existing roads is covered under The Frederick County Subdivision Ordinance °144-17E -Expansion of existing right-of--way, which requires dedication only when property is proposed for subdivision. She went onto say this section of the ordinance had become problematic in some circumstances due to the fact that it only required right-of--way dedication when property was being subdivided; therefore, if a development proposal was submitted for a property on an existing street that did not have adequate right-of--way, the County could not require it to be dedicated. She advised the Development Review and Regulations Subcommittee reviewed this item at its August 23, 2007 meeting. She concluded by saying the Planning Commission held its public hearing at its February 20, 2008 meeting and recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chairman Shickle advised that he had an interest in seeing whether this could be done through deed transfers as well, instead of just projects coming to Planning staff. Planning Director Eric Lawrence and County Attorney Roderick Williams advised there was no enabling legislation in place to allow the County to do that. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the ordinance amendment. WHEREAS, an ordinance to amend Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 17, Streets, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 23, 2007; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on February 20, 2008; and Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 273 WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on March 12, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 17 is amended. This amendment is amended as described on the attachment: E. F,xpansion of existing right-of--way. Whenever a property is proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shat ldedicate'/2 of the total right-of-way necessary to meet the right-of-way width for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge ofthis dedicated right-of--way. This ordinance shall be in effect on the day of adoption. Passed this 12th day of March 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye - PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING -HANDICAP ACCESSIBLE RAMPS. PROPOSED REVISION TO THE FREDERICK COUNTY CODE• CHAPTER 165 ZONING ARTICLE IV SUPPLEMENTARY USE REGULATIONS• SECTION 165-23 F SETBACK REQUIREMENTS -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff was proposing an ordinance revision to allow the Zoning Administrator to permit handicap ramps to extend into required setback areas when there were no other alternatives. She went on to say Section 165-23F -Setback Requirements of the Frederick County Zoning Ordinance allowed for some features to extend into required setback areas. This section, however, did not provide any opportunities for handicap ramps to extend into the required setback areas, which had required some property owners who need handicap ramps to seek a variance from the Board of Zoning Appeals. This item was presented to the Development Review and Regulations Subcommittee at their meeting on October 25, 2007. The Planning Commission held their public hearing on this item at its February 20, 2008 meeting and recommended approval. Chairman Shickle convened the public hearing. Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 274 There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board approved the ordinance amendment. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 23, Setback Requirements, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly -- scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on October 25, 2007; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on February 20, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on March 12, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 23, Setback Requirements is amended. This amendment is amended as described on the attachment: F. Extensions into setback yards. The following features may extend into setback yards as described: (8) Handicap Accessible Ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means ofingress/egress into or from the residence as determined by the Frederick County Zoning Administrator. This ordinance shall be in effect on the day of adoption. Passed this 12th day of March, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE• CHAPTER 165 ZONING• TRASH STORAGE AND SCREENING REQUIREMENTS PROPOSED REVISION TO THE FREDERICK COUNTY CODE• CHAPTER 165 ZONING• ARTICLE IV SUPPLEMENTARY USE REGULATIONS• SECTION 1.65-47 LANDFILLS JUNKYARDS TRASH DISPOSAL AND INOPERABLE VEHICLES. -APPROVED Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 275 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the existing trash storage section of the Zoning Ordinance was vague and did not have a specific screening requirement. The current ordinance also combines residential and commercial/industrial trash container requirements and required them when one or more residences or uses shared a parking lot. The intent of the proposed ordinance revision was to separate residential and _ commercial trash container requirements. Residential uses would still be dependent on more than one residence sharing a parking lot, but commercial/industrial uses would require outdoor trash containers (or other means) for all developments. Also, the ordinance would be revised to state that all refuse shall be contained within a completely enclosed facility and that the enclosure shall consist of a six foot opaque fence or wall with an opaque gate. This item was presented to the Development Review and Regulations Subcommittee at its September 27, 2007 meeting. "the Planning Commission held its public hearing on this item at its February 20, 2008 meeting and recommended approval of the amendments as presented. Supervisor DeHaven advised there was a need to clearly define multifamily residential developments, if it was not already done. Chairman Shickle convened the public hearing. Ellen Rivers, Gainesboro District, appeared before the Board and asked if this proposed ordinance would be applicable to duplexes. There being no further public comments, Chairman Shickle closed the public hearing. Chairman Shickle asked staff to respond to Ms. Rivers' question. Senior Planner Perkins responded no, the ordinance did not apply to duplexes because duplexes had separate entrances and did not share a parking lot. Planning Director Eric Lawrence advised this amendment was a big picture ordinance and looked at larger uses where they clearly share a parking lot. Chairman Shickle stated the intent was good; however, he was with Supervisor DeHaven in that he hoped this was being made better and not worse. Supervisor DeHaven stated he supported the amendment and its intent; however, he would ask that staff and the Development Review and Regulations Subcommittee improve the definitions. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08 276 the proposed amendment. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 47, Landfill, Junkyards, Trash Disposal and Inoperable Vehicles, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEKEAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on September 23, 2007; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on February 20, 2008; and WHEKEAS, the Board of Supervisors held a public hearing on this ordinance adoption on March 12, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 47, Landfill, Junkyards, Trash Disposal and Inoperable Vehicles, is amended. This amendment is amended as described on the attachment: § 165-47. Landfills, junkyards, trash disposal and inoperable vehicles. D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish, or garbage shall be stored in watertight, vermin proof containers. (1) All multifamily residential developments, developments where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor, or other nuisances. (2) All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal Means shall be provided to ensure that all trash is generated by the development is property disposed of to avoid litter, odor, or other nuisances. (3) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. (4) Such trash containers shall be contained within a completely enclosedfacility. The enclosure shall consist of a six foot opaque fence or wall and an opaque gate. This ordinance shall be in effect on the day of adoption. Passed this 12th day of March, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove AYe Minute Book Number 33 Board of Supervisors Reguler Meeting of 03/12/08 277 Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REVENUE SHARING APPLICATION - (RESOLUTION #051 08) APPROVED Deputy Planner Director-Transportation John Bishop appeared before the Board regarding this item. He advised that staff was seeking a resolution from the Board to proceed with an application for revenue sharing funds for the Renaissance Drive project from Route 11 to Shady Elm Drive. The application would be for $1,000,000 in revenue sharing dollars from VDOT with a $1,000,000 local match. Because of changes in state law, staff recommended the County offer to manage this project. Upon a motion by Supervisor Lofton, seconded by Vice-Chairman Fisher, the Board approved the application for revenue sharing funds. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $1,000,000.00 through the Virginia Department of Transportation Fiscal Year 2008-2009, Revenue Sharing Program; and, WHEREAS, $1,000,000.00 of these funds are requested to fund the construction of Renaissance Drive, a new public road, from Route 11 to Shady Elm Drive, with a traffic light at Route 11. NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $1,000,000.00 through the Virginia Department of Transportation oRevenue Sharing Programo. ADOPTED this 12th day of March, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Minute Buok Number 33 Board of Supervisors Regular Meeting of 03/12/08 278 Supervisor Lemieux advised that Frederick County Public School athletics have had phenomenal success this year and that Millbrook High School representing the County in the Group AA boys. .basketball tournament. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, 'THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, I - THIS MEETING IS HEREBY ADJOURNED. (8:22 P.M.) ~~~-~., SL o ~ J Richard C. Shickle J . Ri ey, r. Chairman, Board of Supervisors rk, Board of Supervisors Minutes Prepared By: ~, l/? y ~ ~a--~L~ Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 03/12/08