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HomeMy WebLinkAboutJuly 23 2008 Regular Meeting001 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 23, 2008, at 7:15 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. INVOCATION Mark Robertson, Welltown United Methodist Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had two additions to the agenda: - Appointments to the Northern Shenandoah Valley Regional Commission, under Committee Appointments; and - Resolution Re: Regional Water Supply Planning and Letter of Intent Submission as item #7 under County Officials. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, 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 consideration under the consent agenda: -Correspondence from Northern Shenandoah Valley Regional Commission - Resolution Re: Amendments to Commission Charter and Appointments to the Commission -Tab F; -Northwestern Community Services' Fiscal Year 2009 Performance Contract -Tab G; Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 00 -Transportation Committee Report -Tab J; and - Subdivision Waiver Request -Irene Schafer Trust -Tab N. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the consent agenda. 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 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 by Supervisor Ewing, the Board approved the minutes from the June 25, 2008 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 COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JULY 2008 - (RESOLUTION #002-081 - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board recognized Kenneth M. Sweares as Employee of the Month for July 2008. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Kenneth M. Sweares Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 003 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are 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 deparhnent and to the County; and WHEREAS, Kenneth M. Swearer, who serves as Motor Equipment Operator II with the Shawneeland Sanitary District was nominated for Employee of the Month; and WHEREAS, Kenneth Swearer is deserving of special recognition for going above and beyond his normal job responsibilities during an incident/injury that occurred to afellow co-worker. Ken's caring and professional attitude helped the co-worker remain calm and unfocused on the injury until medical treatment was available. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 23rd day of July, 2008, that Kenneth M. Swearer is hereby recognized as the Frederick County Employee of the Month for July, 2008; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Kenneth M. Swearer for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Kenneth M. Swearer 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 COMMISSIONER OF THE REVENUE RECOGNITION OF STAFF ACHIEVEMENTS -APPROVED MOTION OF APPRECIATION Commissioner of the Revenue Ellen Murphy recognized Deputy Commissioners of the Revenue Jean D. Owens and Melinda Michelle Hillyard on their attainment of the title Master Deputy Commissioner of the Revenue. She also recognized Deputy Commissioner of the Revenue Jane R. Anderson for being awarded the continued and renewed Master Certification. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved a motion of appreciation for the three employees. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 004 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 APPOINTMENT OF LARRY OLIVER TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (EMS) -APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board appointed Larry Oliver to serve as a paid provider to the Lord Fairfax Emergency Medical Services Council. 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 REAPPOINTMENT OF CLARE C. MULLETT TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board reappointed Mr. Clare C. Mullett to the ShawneeLand Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 23, 2010. 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 APPOINTMENT OF RICHARD SHICKLE, CHARLES DEHAVEN, JR., JOHN R. R1LEYsJR.. AND ERIC LAWRENCE AS COUNTY REPRESENTATIVES ONTHE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION -APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board appointed Richard C. Shickle, Charles S. DeHaven, Jr., John R. Riley, Jr., and Eric R. Lawrence to the Northern Shenandoah Valley Regional Commission. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 005 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 REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. ARI FLEET LT ($4,226.44); 2. D L Peterson Trust ($6,277.50); 3. Penske Truck Leasing Co. ($6,681.92); 4. Lester Buildings LLC ($2,582.90); and 5. Central Virginia Cable, Inc. ($3,640.80). Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Gene E. Fisher Charles S. DeHaven, Jr. Gary W. Dove Bill M. Ewing Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye CORRESPONDENCE FROM NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION-RESOLUTION #O( Ol_Og) RE• AMENDMENTS TO COMMISSION CHARTER AND APPOINTMENTS TO THE COMMISSION -APPROVED UNDER CONSENT AGENDA WHEREAS, the Northern Shenandoah Valley Regional Commission seeks to maintain an active Commission membership while ensuring broad regional participation; and WHEREAS, the Northern Shenandoah Valley Regional Commission further seeks to increase efficiencies in the Commission's governance structure; and WHEREAS, recommendations have been presented to the Northern Shenandoah Valley Regional Commission's member jurisdictions to amend the Commission's Charter; and WHEREAS, these amendments would reduce the overall number of Commission voting representatives from thirty-four to twenty-three; and WHEREAS, these amendments would transfer decision making functions from the Executive Committee to the Full Commission; and Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 oos WHEREAS, these amendments would enable each jurisdiction to appoint an alternate voting representative. NOW, THEREFORE, BE IT RESOLVED, that Frederick County, Virginia, as a member jurisdiction of the Northern Shenandoah Valley Regional Commission, hereby supports the proposed amendments to the Commission's Charter to ensure broad regional participation and increase efficiencies in the Commission's governance structure. ADOPTED, this 23rd day of July, 2008. This item was approved under the consent agenda. NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2009 PERFORMANCE CONTRACT -APPROVED UNDER CONSENT AGENDA The Board reviewed the Northwestern Community Services Board's contract for FY 2009, which reflected allocated Federal, State, and local funds, and other reimbursements to be received along with projected care and treatment in FY 2009. This item was approved under the consent agenda. RESOLUTION (#004-08ZRE: REGIONAL WATER SUPPLY PLANNING AND LETTER OF INTENT SUBMISSION -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the resolution regarding Regional Water Supply Planning and Letter of Intent Submission. WHEREAS, the Virginia General Assembly has mandated the development of water supply plans by all local governments of the Commonwealth and the State Water Control Board has developed regulations to implement this planning process; and WHEREAS, based upon these regulations, Frederick County is required to complete a water supply plan that fulfills the regulations by deadlines based on population, specifically: November 2, 2008 for local governments with populations in excess of 35,000 November 2, 2009 for local governments with populations between 15,001 and 35,000 November 2, 2010 for local governments with populations 15,000 or less WHEREAS, local governments may elect to join one or more other local governments to develop a regional water supply plan for which a deadline of November 2, 2011 has been established. WHEREAS, the following elements must be included in all local or regional water supply programs: *A description of existing water sources in accordance with 9VAC25-780-70; *A description of existing water use in accordance with the requirements of 9VAC25-780-80; *A description of existing water resource conditions in accordance with the requirements of 9VAC25-780-90; *An assessment of projected water demand in accordance with the requirements of Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 007 9vac2s-~ao-100; *A description of water management actions in accordance with the requirements of 9VAC2s-780-110 and 9VAC780-120; _I *A statement of need in accordance with the requirements of 9VAC2s-780-130; *An alternatives analysis that identifies potential alternatives to address projected deficits in water supplies in accordance with the requirements of 9VAC25-780-130; *A map or maps identifying important elements of the program that may include existing environmental resources, existing water sources, significant existing water uses, and proposed new sources; *A copy of the adopted program documents including any local plans or ordinances or amendments that incorporate the local program elements required by this chapter; *A resolution approving the plan from each local government that is party to the plan; and *A record of the local public hearing, a copy of all written comments and the submitter's response to all written comments received, and WHEREAS, a regional water supply planning process is a sensible approach to developing and integrating local water supply utilization, given that watershed boundaries and ground water flows in the Shenandoah Valley are independent of local political boundaries, and in consideration of staff and financial savings that accrue through joint participation; and WHEREAS, it is reasonable and prudent to for the local governments of Planning District 7, the Northern Shenandoah Valley Regional Commission, specifically the Counties of Clarke, Frederick, Page, Shenandoah, and Warren; Winchester City; and the Towns of Berryville, Boyce, Edinburg, Front Royal, Luray, Middletown, New Market, Mt. Jackson, Shenandoah, Stanley, Stephens City, Strasburg, Toms Brook, and Woodstock, to continue to coordinate and collaborate in the development and long term maintenance of a regional water supply plan and planning committee utilizing the Regional Commission which has historically provided water planning resources and which established the local government based Regional Water Resources Policy Committee in 2002 to respond to water supply planning requirements and the need for coordinated drought onset monitoring and the likelihood of the need for future coordinated responses; NOW, THEREFORE BE IT RESOLVED, that Frederick County agrees to participate with the Counties of Clarke, Page, Shenandoah, and Warren; Winchester City; and the Towns of Berryville, Boyce, Edinburg, Front Royal, Luray, Middletown, New Market, Mt. Jackson, Shenandoah, Stanley, Stephens City, Strasburg, Toms Brook, Woodstock in the development, adoption and funded maintenance of a regional water supply plan that complies with mandated regulations, as determined by the Water Resources Policy Committee; and BE IT FINALLY RESOLVED, that the State Water Control Board and the Department of Environmental Quality should consider this resolution along with those from each of the participating localities as their Letters of Intent to participate in a regional water supply plan for the Northern Shenandoah Valley jurisdictions with a completion due date of November 2, 2011, in accordance with 9VAC2s-780-s0.B.4. 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 oos Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT -APPROVED The Public Works Committee met on Tuesday, June 24, 2008 at 8:00 a.m. All members were present. ***Items Requiring Action*** 1. Draft Landfill Discharge Agreement - Anuroved The committee unanimously endorsed a draft agreement between the Sanitation Authority and Frederick County to discharge pretreated leachate from the landfill into the authority's collection system. This agreement will be reviewed by the County's Attorney prior to submittal to the Board of Supervisors. (Attachment 1) Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the Landfill Discharge Agreement. 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. Landfill Carry Forwards The committee unanimously endorsed a request from the Landfill Manager, Mr. Steve Frye, to carry forward $2,645,000 from the current budget to the Fiscal Year 2008/2009 budget. The attached memorandum dated June 18, 2008, highlights this request and references specific line items. This item will be referred to the finance committee for their review and action. (Attachment 2) 2. Alternative Storm Drainage Plan -Greenbriar Subdivision The Director of Public Works presented an alternative drainage plan to alleviate potential flooding in the Greenbriar subdivision. Basically, the alternative plan would require intercepting flows currently passing under I-81 and conveying these flows within the median strip to the Opequon Creek located approximately one-half mile to the north. After discussing this plan and a preliminary cost estimate of approximately $1.1 million dollars, the committee recommended tabling this issue until it can be discussed with the Virginia Department of Transportation officials. 3. Update on Stormwater Regulations Mr. Joe Wilder, Deputy Director of Public Works, presented a brief summary of his first meeting as a representative of the technical advisory committee (TAC) reviewing the proposed Stormwater regulations. He indicated that he would provide a further briefing after he has had an opportunity to discuss the specific issues with the subcommittee that has been formed to review the Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 009 issue. He also indicated that a second TAC meeting has been scheduled for July 2008. He further indicated that he would keep the public works committee informed of any action taken by the TAC. 4. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 3) b. Animal Shelter Dog Report (Attachment 4) c. Animal Shelter Cat Report (Attachment 5) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 16, 2008, at 8:00 a.m. Members Richard Shickle and Ron Hottle were absent. 1. The Sheriff requests an FY09 General Fund supplemental appropriation in the amount of $2,364.30. This amount represents proceeds from recycling spent shell casings and is needed for repairs to the firing range. No local funds required. See attached memo, p. 1. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request 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 2. The Sheriff requests an FY08 General Fund supplemental appropriation in the amount of $839. This amount represents reimbursement for DARE t-shirts. It is also requested that the unspent balance of DARE funds be re-appropriated in FY09. No local funds required. See attached memo, p. 2. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request 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 3. As requested, the Parks & Recreation Director provides a review and analysis of the Parks & Recreation fees for discussion. This item was previously postponed for further discussion with the director. See attached information, p. 3-8. The committee recommends keeping the current fee structure. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the above request by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 ono 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 4. The County Administrator requests a formal commitment by the County of $61,000 annually for leasing of space for the Frederick Winchester Health Department and Frederick County Social Services Youth Programs on the Our Health campus. See attached information, p. 9-20. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request. Chairman Shickle expressed his concern over the proposed rental rates listed in the agreement. He suggested that Administrator Riley review the proposed rates as well as comparables and bring this information back to the Boazd. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board amended the original motion to direct staff to review the rental rates and bring that information back to the Board for consideration. 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 The amended motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Chazles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 5. The Public Works Director requests an FY 09 supplemental appropriation in the amount of $ ] ,109,459.28. This amount represents bonds funds from three subdivisions that were abandoned prior to completion by the original developer. See memo, p. 21-22. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 011 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 TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on June 23, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) James Racey (voting) Phil Lemieux (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Members Absent Donald Breeden (liaison Middletown) ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. Traffic Imuact Analysis Standards Staff updated the Committee on the draft Traffic Impact Analysis standards. Feedback is still being solicited from a number of entities and meetings are being set up with stakeholders. Once that feedback has been received, the Committee will be provided with an updated draft of the standards for recommendation to the Board of Supervisors. 2. Update on Interstate, Primary, and Secondary Road Plans Staff updated the Committee on the status of the Interstate, Primary, and Secondary Road Plans. A draft in a form ready to be voted on is expected to be presented at the July meeting. 3. VDOT Six Year Program Update Staff updated the Committee on the status of VDOT's Six Year Program. A copy of what was adopted is attached. 4. MPO U date Staff notified the Committee that the MPO is preparing to enter into a contract with KFH group on the City and Countywide transit study. 5. Article Review 6. Other PLANNING COMMISSION BUSINESS Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/OS 012 PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #06-08 FOR BARLEYFIELD FARM COTTAGE BED & BREAKFAST, FOR A COTTAGE OCCUPATION -BED & BREAKFAST. THIS PROPERTY IS LOCATED AT 967 MARLBORO ROAD (ROUTE 631) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 74-A-13A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a proposed bed & breakfast located at 967 Marlboro Road (Route 631) in the Back Creek District. The property is zoned RA (Rural Areas) District and the land use is residential. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than two (2) bedrooms to be used with the bed and breakfast use. 4. Any expansion or modification shall require approval of a new conditional use permit. Supervisor DeHaven asked if the applicant was able to accommodate the 500' sight distance required by VDOT. Zoning Administrator Cheran responded VDOT reevaluated the site and found the applicant could meet that requirement. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved Conditional Use Permit #06-08 with conditions. 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 AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165. ZONING. ARTICLE XIII MS (MEDICAL SUPPORT) DISTRICT Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 013 TO ALLOW CONTINUING CARE RETIREMENT COMMUNITIES (CCRC) IN THE MS ZONING DISTRICT -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this proposed ordinance was to introduce Continuing Care Retirement Facilities as a permitted use in the MS District. The Development Review and Regulations Subcommittee endorsed these proposed changes. The Planning Commission recommended approval ofthe proposed amendments with the inclusion of language that would allow an appropriate percentage of the population for younger individuals requiring convalescent care. Vice-Chairman Fisher expressed concern about section 165-100 (c) relative to land in active agriculture and/or orchard uses. He said it did not make sense to him to have one set back standard for residential uses and another, less strict, requirement for retirement facilities. Director Lawrence responded additional language could be added to the provision to make the setback 200 feet. Chairman Shickle convened the public hearing. Evan Wyatt, Greenway Engineering, advised that section 165-102 (c) 2 & 3 should address Vice-Chairman Fisher's concerns. He concluded by recommending approval of this amendment. There being no further public comments, Chairman Shickle closed the public hearing. Director Lawrence advised that language along the line of the following could be added to section 165-100 (c) "see section 165-102 for additional requirements". Upon amotion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the amendments to Article XIlI of the Frederick County Zoning Ordinance, with the additional language in §165-100 (c). ARTICLE XIII MS (Medical Support) District [Added 9-12-20012] §165-96. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. §165-97. Permitted uses. Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 014 A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 015 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-2004] 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 807 ] Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: Social services offices Free medical clinics (4) Manufacturing and wholesaling support services Allowed Uses Pharmaceutical machinery Surgical, medical and dental instruments and supplies Ophthalmic goods Medical, dental and hospital equipment and supplies Ophthalmic goods Laboratory equipment, except medical and dental Drugs, drug proprietaries and druggist sundries Standard Industrial Classification (SIC) 3559 384 385 5047 5048 5049 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex-tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. (5) Related residential uses to support hospitals, medical centers, medical offices, clinics, and schools of medicine: Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 016 Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medica] and allied health services (As defined) Wellness centers (As defined) (7) Continuing Care Retiremeut Communities Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living facilities (as defined) may consist of any of the following residential structures: single family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). (c) Continuing Care Retirement Communities (as defined) must conform to thefollowing performance standards: (1) All Continuing Care Retirement Communities must be within a two mile radius from the center of the Route 37 Medical Center Interchange. Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 0~7 (2) Maximum residential density shall not exceed ten units per acre provided the following: (1) Single family detached and single family attached residential structures having individual access shall have an average lot area of 3, 000 square feet per dwelling unit. (2) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. (3) The Continuing Care Retirement Community must consist of residential units which provide all of the following for its residents: independent living facilities, congregate care-assisted living facilities, and nursing home care. (4) Occupancy of the dwelling units is restricted to older persons (as such term is used in the definition of "housing for older persons" in Sec. 36-96.7 of the Code of Virginia (1950, as amended), with the following exceptions: (1) The spouse of a resident, regardless of age; and (2) The child of a resident, provided that the child requires convalescent care, regardless of the age of the child; and (3) Resident staff necessary for operation of the facility are also allowed to live on site. (S) The communities may provide ancillary services and facilities, such as but not limited to transportation, acommon dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised The Board of Supervisors may restrict their use to residents and staff only. §165-98. District area, floor-to-area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to amaster-planned MS (Medical Support) District development, including those parcels that are directly across public right-of--way to amaster-planned MS (Medical Support) District development, and may be rezoned to the MS District. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under § 165-97B(1), Educational support services, shall be allowed to develop a maximum floor-to-area ratio (FAR) of two. The maximum FAR shall be based on the total site area for amaster-planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in § 165-98D providing support services Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 018 to this district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in §165-97B(5) shall be calculated as described under this subsection: (1) - Single;jamily detached and single family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. §165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of X50 250 feet or minimum VDOT spacing, whichever is greater, between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of ~9B ISO feet or minimum VDOT spacing, whichever is greater, from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints or land use conflicts prevent Interparcel connectivity or make it undesirable. §165-100. Structural Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and Continuing Care Retirement Communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include single family small lot, duplex and multiplex shall have a minimum building spacing of Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 019 10 feet between units and no building can be within SO' of the perimeter boundary ojthe development provided that all requirements of §165-102 have been satisfieaG ED. All permitted support services and related residential land uses other than those described in §165-1000 are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to behave structures placed on a side or rear property line shall obtRin be provided with a maintenance easement from on the adjoining parcel that is a minimum of 10 feet in width. $: E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. 1* F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of--way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. ~-G. Parcels which are designed to have parking lots located behind the building slt~l may have a reduced front yard setback of 2-5 20 feet from any urban collector street and 15 feet from any urban local street. §165-101. Height regulations. A The maximum structural height for hospitals, office buildings and all land use permitted under §165-978(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under §165-IOlA and 165-1O1B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for amaster-planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side and rear yard of individual parcels that are subdivided for development purposes. (2) From any required buffer area for amaster-planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-1 OlA and 165-1 O1B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 020 provided on the individual lot proposed for development. §165-102. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of amaster-planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under §165-27E(11), Parking lot landscaping, and §165-37, Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees andthree-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty-foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in §165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi-detached, and all other related residential land uses containing atwenty-five foot buffer with a single row of evergreen trees onten-foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement Communities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 021 (a) Aone-hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of §165-27E(11), Parking lot landscaping, are met. (b) Atwo-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees onten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of §165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements §165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-97B(5) of this article. §165-103. Sign regulations. A. Permitted Signage (1) Business signs (2) Signs allowed in §165-30B (3) Multi-tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument-style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall-mounted signs shall fit. conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. i~asinesssi~gns. Sign setbacks shall conform to §165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. Section 165-156 (Definitions) of the Frederick County Zoning Ordinance Continuing Care Retirement Community (CCRC) - A housing development on one parcel of land that meets the requirements for housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended) that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living facilities, congregate care facilities, assisted living facilities and nursing home (skilled-care) facilities. CCRC's must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC residents may move from one level to another level of housing accommodations as their needs Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 022 change. Continuing Care Residential Communities may not contain individual parcels and may not include condominium options, the community must be developed as one parcel that is owned and operated by one entity that offers rental options for the residential units. Independent Living Facility - A building or series of buildings containing independent dwelling units or individual housing units to include: single family detached, duplex or multiplex units. Independent living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons (as defined in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). Congregate Care Facility - A building containing residential living facilities intended as housing for older persons and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service. Assisted Living Facility - A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, 24-hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Section 63.2-1800, et. seq. of the Code of Virginia (1950), as amended. Adult Care Residences - A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care residences do not include facilities or portions of a facility licensed by the state Board of Health or the Department of Mental Health, Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. 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 -REVENUE SHARING APPLICATION FOR RENAISSANCE DRIVE - (RESOLUTION #003-081-APPROVED Deputy Director of Planning/Transportation John Bishop appeared before the Board regarding this item. He advised this was a resolution to proceed with an application for revenue sharing funds for the Renaissance Drive project from Route 11 to Shady Elm Drive. He stated the Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 023 resolution notes the County is applying for $1,000,000.00 through the Revenue Sharing Program; however, the application will show an amount of $1,001,000.00 which represents revenue sharing and the County's monetary match. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution and Revenue Sharing application for Renaissance Drive. 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 "Revenue Sharing Program". ADOPTED this 23rd day of July 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 OTHER PLANNING ITEMS SUBDIVISION WAIVER REQUEST - IRENE SCHAFER TRUST -APPROVED UNDER CONSENT AGENDA This was a request from Greenway Engineering on behalf of the Irene Lucille Schafer Trust for a waiver of Chapter 144-31 C (3) of the Subdivision Ordinance to enable a family subdivision of land on aright-of--way of less than 50 feet. The property is located on Burr Stone Lane off of Wardensville Grade (Route 608) in the Back Creek Magisterial District and is identified by Property Identification Number 70-A-2. This item was approved under the consent agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 024 BOARD LIAISON REPORTS Supervisor Dove advised that the Chairman had directed him and Vice-Chairman Fisher to bring a recommendation to the Board regarding Fee for Service. He explained that the goal of implementing this program was to fund 13 firefighterBMT positions and to provide more funding to the volunteer companies. He went on to explain that of the potential funds received under this program 56.6% would pay the salaries of field staff, 12% would pay for administration and the billing company, and 31.4% would go to the volunteer companies. Supervisor Dove reported that he attended a meeting with the chiefs of the volunteer companies and they do not want fee for service. He went on to say based upon their lack of support he would recommend not adopting fee for service at this time. He stated that public safety is a very important service and if the Board accepts his recommendation then they must raise taxes on all county residents in order to fund those positions. Chairman Shickle asked if the 13 positions were requested by the volunteer companies. Supervisor Dove responded yes. He went on to say he was disappointed because the citizens would pay higher insurance rates and increased taxes. He reminded the Board that each jurisdiction that touches Frederick County, with the exception of Clarke County, has Fee for Service. Vice-Chairman Fisher reminded the Board that the numbers the committee used were based on calls run in 2003 and were very conservative, so the potential revenue could be much higher. Supervisor DeHaven stated, based upon the amount of time and effort that had been put into this issue, it would do the Board well to have a public comment period from the citizens. Chairman Shickle and Supervisor Dove did not believe that would be beneficial at this point. Administrator Riley stated the County faced an impossible task at this time, especially when five of the 11 companies stated they would not support the program even if they received 100% of the revenue. He went on to say this puts the County in a no win situation. He concluded by saying we have a fiduciary responsibility to run the calls. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board voted not to pursue Fee for Service at this time. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 025 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Nay Gary A. Lofton Nay Vice-Chairman Fisher reminded everyone that former Supervisor Barbara Van Osten had spent a lot of time working on this issue also. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated he had heard a lot of comments and feedback on the proposed Rural Areas amendments. He suggested the Board consider canceling the August 13, 2008 public hearing regarding the RA amendments. In addition, he suggested the Chairman be authorized to appoint an ad hoc committee made up of three Supervisors and three Planning Commissioners to study this issue further and bring a recommendation back to the Board. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board canceled the August 13, 2008 public hearing and authorized the Chairman to appoint an ad hoc committee. Chairman Shickle stated the members of the ad hoc committee would be Planning Commissioners June Wilmot, Paige Manuel, and Cordell Watt and Supervisors Richard Shickle, Gary Lofton, and Gary Dove. Vice-Chairman Fisher reported the Public Works subcommittee met to review changes to the State stormwater management program. He advised this program would increase fees in the Urban Development Area and push development into the rural areas. He concluded by saying this issue was complicated and expensive. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08 026 Richard C. Shickle J ley, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: ~ Jay E. i s Deputy C erk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 07/23/08