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HomeMy WebLinkAboutOctober 08 2008 Regular Meeting076 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 8, 2008 at 6:15 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. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lofton, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (3) to discuss acquisition and disposition of real estate. 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 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. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (3) acquisition and disposition of real estate were discussed. 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 34 Board of Supervisors Regular Meeting of 10/08/08 077 Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye INVOCATION Vice-Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. advised the order of the following items should be changed on the agenda: - Conditional Use Permit #OS-08 for Bubble Works -Tab I; and - Rezoning #07-08 of the Unger Property -Tab J. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, 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 Administrator Riley advised the Board that recognition of the Employee of the Month for October 2008 should added to the agenda as well. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board rescinded the previous motion approving the 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 Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the agenda as amended with the changes listed above. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 o7a 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: - Parks and Recreation Commission Report -Tab E; - Public Works Committee Report -Tab F. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, 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 Jonathan Adcock, Opequon District, appeared before the Board regarding the Route 277 UDA/SWSA expansion and asked them to oppose same. He said there is no reason to give the County a free hand to develop land east of Hudson Hollow Road. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the minutes from the September 24, 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 COUNTY OFFICIALS RECOGNITION OF WADE M. TAYLOR. JR. AS EMPLOYEE OF THE MONTH FOR OCTOBER 2008 - (RESOLUTION #020-08) -APPROVED Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 079 Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the resolution to recognize Wade M. Taylor, Jr., as the Frederick County Employee of the Month. 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 department and to the County; and, WHEREAS, Wade M. Taylor, Jr. who serves as Correctional Officer with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, In July 2008, the Regional Jail began its transition to astate-of--the-art Automated Offender Information Management System. Officer Taylor played a critical role in the testing and evaluation of the most critical elements of the new system. In total, no employee at the Detention Center contributed more than Officer Taylor to ensure the success of a tremendously complex and strategically important project. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 8~' day of October, 2008, that Wade M. Taylor, Jr. is hereby recognized as the Frederick County Employee of the Month for October 2008; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Wade M. Taylor, Jr. for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Wade M. Taylor, Jr. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF CHRISTOPHER BRUNN TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board appointed Christopher Brunn to the ShawnecLand Sanitary District Advisory Committee. This is a two year appointment, said term to expire October 8, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 oso 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 NOMINATION OF KEVIN S. SCOTT AS SHAWNEE DISTRICT KEPRESENTATIVE TO THE BOARD OF ZONING APPEALS -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Dove, the Board nominated Kevin S. Scott as Shawnee District Representative to the Board of Zoning Appeals. This is a five year appointment, said term to expire December 31, 2013. 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 COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to issue a refund to Anderson Services, LLC in the amount of $2,956.28. This is for proration of vehicles taxed for 2006, 2007, and 2008 and is cumulative balances due. The County Attorney has reviewed same and the refund appears to be justified. Upon a motion by Supervisor DeIIaven, seconded by Supervisor Ewing, the Board approved the refund to Anderson Services, LLC in the amount of $2,956.28. 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 TO PRESENT STATUS OF REASSESSMENT - NOMINATED MEMBERS OF THF. BOARD OF EQUALIZATION Commissioner of the Revenue Ellen Murphy briefed the Board regarding the reassessment. She advised the changes would be effective for January 2009 and would not be reflected on the second half real estate bills received in November for payment in December. The notices will be mailed on October 14, 2008. She went on to say hearings with the Assessor Minute Book Number 34 Board of Supervisors Regular Meeting or 10/08/08 081 for the 2008 reassessment will being October 20, 2008 and will continue until all requests, made prior to November 20, 2008, are heard. Commissioner Murphy then presented the Board with the following names of nominees to the Board of Equalization: James Brumbrack, Back Creek District Rosalie Cornwell, Opequon District Michael Lake, Gainesboro District Ronald Shickle, Gainesboro District Leon Strosnider, Opequon District. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved forwarding the above names to the judge for appointment to the Board of Equalization. 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 FREDERICK-WINCHESTER SERVICE AUTHORITY LEASE AGREEMENT - APPROVED Administrator Riley advised this was a proposed new lease agreement between the Board of Supervisors and the Frederick-Winchester Service Authority for office space at 107 N. Kent Street. The changes include: 1. The initial term shall be for 17 months, beginning February 1, 2009 and terminating June 30, 2010. 2. The lease shall automatically renew each year for five successive one year periods. 3. The monthly rent amount will be $457.00, with rent during the option term to be based on the allocation of costs (e.g. maintenance, operating, and depreciation). Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the lease agreement between the Board of Supervisors and the Frederick-Winchester Service Authority and authorized the Chairman to execute same on behalf of the Board. 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 COMMITTEE REPORTS Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 082 PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 16, 2008. Members present were: Charles Sandy, Jr., Robert Hartman, Ronald Madagan, Jeffrey Butler, Martin Cybulski, P. W. Hillyard, III, and Philip Lemieux. Items Requiring Board of Supervisors' Action: None Submitted for Board Information Only: 1. Mr. Madagan moved to use $12,000 of proffer monies to install two aerators at the Sherando Park Lake, second by Mr. Hartman, carried unanimously (6-0). This item will be forwarded to the Finance Department for inclusion on the October Finance Committee Agenda. 2. FY 2009-10 Fees and Charges -The Commission unanimously approved the fee rate changes as submitted for fiscal year 2009-10. Standing Committee Reports None PUBLIC WORKS COMMITTEE -APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, September 30, 2008, at 8:00 a.m. All members were present. ***Items Not Requiring Action*** 1. Closed Session A closed session was convened in accordance with the Virginia Code §2.2-3711 (A) (29) to review a PPF.A proposal submitted by The Shockey Companies to design and construct a fire station within the southern portion of Frederick County. No action was taken after reconvening from the closed session. 2. Miscellaneous Reports: a) Tonnage Report: Landfill (Attachment 1) b) Recycling Report (Attachment 2) c) Animal Shelter Dog Report (Attachment 3) d) Animal Shelter Cat Report (Attachment 4) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, September 24, 2008 at 8:00 a.m. Members Ron Hottle and Stephen Swiger were absent. Items 2, 3, 4, 6, and 11 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 083 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 1. Mr. Jon Turkel will present the findings and recommendations of the County's energy audit. The County Administrator has also provided, as requested, information and justifications on County vehicles used for commuting. See attached information, p. 1-20. The Committee recommends the County Administrator prepare a summary of the vehicle justifications and for the energy and vehicle information to be forwarded to a Board work session for further discussion. 2. The Superintendent of Recreation requests a General Fund supplemental appropriation in the amount of $2 482 36. This amount represents funds raised for the Blue Ridge Youth Soccer Association. No local funds required. See attached memo, p. 21. - Approved Under Consent Agenda. 3. The Sheriff requests a General Fund supplemental app~riation in the amount of $17,940.24. This amount represents FY08 unspent State and Federal forfeited asset funds. No local funds required. See attached memo, p. 22-23. -Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $350 for donations received by the department. No local funds required. See attached memo, p. 24-25. -Approved Under Consent Agenda. 5. The MIS Director requests a General Fund supplemental appropriation in the amount of 28 600. This amount represents funds remaining in FY08 budget that are requested to be carried forward for software licenses, software upgrades, and a possible mobile education center. See attached memo, p. 26. The committee recommends an appropriation of $3,500 for software licenses and backup tapes for the new A/S 400. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the appropriation of $3,500 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 6. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $1.000. This amount represents a donation and is requested to be appropriated for use in education outreach efforts. No local funds required. See attached memo, p. 27. -Approved Under Consent Agenda. - 7. "The Sanitary District Manager requests a Shawneeland Fund supplemental appropriation in the amount of $109 566 25. This amount represents a re-appropriation for a salt storage building and a carry forward of unused funds to replace vandalized bus stops. See attached memo, p. 28-32. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 10108!08 084 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 8. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $30,000. This amount represents a carry forward of funds to complete improvements at the Double "foll Gate citizens' convenience site. See attached memo, p. 28-32. 'the committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, 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 9. The Public Works Director requests a General Fund supplemental appropriation in the amount of $12,000. These funds are reserved proffer funds and are needed to cover payments for the 2007 and 2008 lease of the Greenwood Road citizens' convenience site. See attached memo, p. 28-32. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, 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 10. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $1,270. This amount represents a carry forward of remaining 28 0 ~ f The c ommaitee local businesses to support the Litter-Thon. See attached memo, p. 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 11. The EDC Director requests a General Fund supplemental appropriation in the amount of $37.954.80. This amount represents NetTech Center funds for last fiscal year. No local funds required. See attached memo, p. 33. -Approved Under Consent Agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 085 12. The Winchester Regional Airport Director requests an Airport Capital Fund supplemental appropriation in the amount of $1 206 000. The County's share of the capital appropriation would require a General Fund supplemental appropriation in the amount of $110,055. See attached memo, p. 34-36. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, 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 13. The County Administrator requests a Landfill Fund supplemental appropriation in the amount of $871,785. These funds represent part of the BFI settlement and were approved by the Board of Supervisors to be returned to the localities, but not appropriated. See attached memo, p. 37-38. 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 14. The County Administrator requests a General Fund supplemental appropriation in the amount of $540,506 to be allocated to operational contingencies. The amount represents the County's portion of the BFI settlement. See attached memo, p. 39. The committee recommends approval of the appropriation with all operational contingency transfers being submitted to the Finance Committee for 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 15. The County Administrator requests a General Fund supplemental appropriation in the amount of $455,700 which represents a carry forward of unspent FY08 transportation funds. See attached information, p. 40. 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 086 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 16. The County Administrator requests a General Fund supplemental appropriation in the amount of $10,700. This amount represents a carry forward of unspent FY08 professional services funds which will be used for legal, lobbying, audit, and other professional services. See attached memo, p. 41. The committee recommends denial of the request. -Approved. Upon a motion by Supervisor F,wing, seconded by Supervisor DeHaven, the Board denied 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 17. The County Administrator provides an updated lease agreement for space on the Our Health campus. See attached information, p. 42-44. The committee recommends approval of the lease. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, 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 18. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $378,264.78. This amount represents $28,264.78 in the obligated funds and $350,000 in remaining School Operating unobligated funds unspent in the FY08 budget that is requested to be appropriated for increased fuel prices. See attached memo, p. 45- 46. 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 19. The School Finance Director requests a School Capital Proiect Fund supplemental appropriation in the amount of $802,619.17. This amount represents remaining unobligated FY08 School Operating funds that are requested to be appropriated to the School Capital Fund. See attached memo for projects, p. 45-46. The committee recommends an appropriation in of Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 087 $169,199.16 for boilers at Senseny Road Elementary and D.J. Howard Technical Center. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the appropriation of $169,199.16 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 20. The School Finance Director provides FY08 year end information and is available for discussion. See attached information, p. 47-69. 21. The Finance Director provides FY08 year end information and is available for discussion. See attached information, p. 70-85. 22. The Sheriff requests a General Fund supplemental appropriation in the amount of $74,000. "This amount represents grant funds received in FY08 to be carried forward. See attached memo, p. 86. The committee recommends an appropriation of $4,200 to perform mandatory stack test on the incinerator at the Public Safety Building. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the appropriation of $4,200 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 Information Only 1. A letter of appreciation was received from the Northern Virginia 4-H Educational and Conference Center. See attached letter, p. 87. 2. FY08 year end outstanding encumbrances are provided for the County and the Schools. See attached information, p. 88-104. 3. The Registrar provides information on the reimbursement by the State of Virginia for the cost of conducting the primary election. See attached memo, p. 105. TRANSPORTATION COMMITTEE REPORT -APPROVED The Transportation Committee met on September 29, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Dave Burleson (voting) James Racey (voting) Phil Lemieux (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Minute Book Number 34 Board of Supervisors Regular Meeting or 10/08/08 oss Mark Davis (liaison Middletown) ***Items Requiring Action*** 1. PhotoRed Enforcement Attached please find a summary of key questions and answers regarding the implementation of red light cameras in Frederick County, as well as an example ordinance from the City of Fairfax. The Committee has reviewed this issue for several months and has coordinated with the Frederick County Sherriffs office. The Committee has recommended proceeding with the program, with one opposing. Staff will be making a presentation on this issue for your consideration. Deputy Director of Planning -Transportation John Bishop appeared before the Board regarding this item. He advised that based on VDOT's formula of 1 red light camera per 10,000 people, Frederick County would be entitled to seven cameras. He went on to say if the Board wished to pursue PhotoRed Enforcement, the following actions must be taken: 1) The Code & Ordinance Committee should be directed to draft a PhotoRed Enforcement ordinance; and 2) The Transportation Committee and the Sheriff's Department should develop a request for proposals for the actual equipment. Supervisor DeHaven noted, with the exception of one member, the Transportation Committee forwarded the recommendation for the Board to proceed. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board voted to move forward with the development of a draft ordinance by the Code & Ordinance Committee. Supervisor Dove stated he had received a number of a-mails and phone calls from his constituents opposing this issue; therefore, he could not support it. Supervisor Ewing stated he would like to see this done on a trial basis, rather than implementing all seven cameras at once. Supervisor Lofton stated if this was the panacea it was touted to be then more localities would be utilizing this technology. He concluded by saying he would not support it. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Nay 2. Revenue Sharing Priorities Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 089 Attached please find a VDOT presentation regarding the needed improvements in the area of Route 37 encompassed by the Route 522 and Route 50 interchanges. The County has recently been approached by our Commonwealth Transportation Board member, Dr. James Davis, regarding participation in these improvements via the revenue sharing program. Agreeing to do this would require a change in how the County has previously approached revenue sharing projects due to the need for a multiyear commitment. The Committee has unanimously recommended participation in this agreement and staff will be making a brief presentation with additional detail. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the next multi-year revenue sharing project to be the Route 37, Route 522, and Route 50 Interchange. The above motion was approved by the following recorded vote: 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*** 3. Enhancement Grant Application Staff sought a Committee recommendation on the Enhancement Grant application for the Senseny Road bike and pedestrian improvements. The Committee recommended approval and this will be a public hearing item on the October 22, 2008 Board agenda. 4. Article Review 5. Other PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - REZONING #07-08 OF THE LINGER PROPERTY SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE .49 ACRES FROM B2 (GENERAL BUSINESS) DISTRICT TO THE B2 DISTRICT WITH PROFFERS AND .85 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO THE B2 DISTRICT WITH PROFFERS, FOR COMMERCIAL USE THE PROPERTIES ARE LOCATED ON NORTH FREDERICK PIKE (ROUTE 522) BETWEEN WESTMINSTER CANTERBURY DRIVE AND HICKORY LANE AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53A-A- 5 AND 53A-A-6 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone two parcels of land containing 1.34 acres from RP (Residential Performance) District to B2 (Business General) District with proffers and B2 (Business General) District to B2 (Business General) District with proffers to accommodate a pharmacy use. The property is located on Route 522 North and is within the Sewer and Water Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 090 Service Area and the Northeastern Land Use Plan. The ultimate access to the site will be one entrance off of Westminster Canterbury Drive and aright-in/right-out on Route 522. The applicant has proffered the closure of the existing Continental Restaurant entrance. Senior Planner Perkins went on to say the Planning Commission held a public hearing on September 17, 2008 and recommended approval with the applicant to provide a signed agreement pertaining to the Route 522 frontage improvements prior to consideration of this application by the Board. She concluded by saying the applicant has provided a signed agreement. John Lewis, Painter-Lewis, appeared before the Board on behalf of the applicant. He advised that he had met with staff and members of the Public Works Department to address drainage improvements. The applicant met extensively with VDOT regarding Route 522 and Westbury Commons and the applicant has attempted to address the concerns of the Westbury Commons residents. In addition, the applicant has proffered an all masonry building exterior using all cast stone. Chairman Shickle convened the public hearing. Deborah Strosnider, Stonewall District, spoke in opposition to this application. She stated corporate America had come in and taken over and destroyed the small family businesses in the area. She went on to say Oates Cash Grocery has been in business for 35 years and the family has been a pillar of the community. She went on to say there was no need for a pharmacy in that area and she urged the Board to say no to the rezoning. Francis Unger, Opequon District and owner of the property, spoke in favor of the rezoning and stated the project would be an asset to the community. She concluded by urging the Board to vote yes. Francis Unger Riggs, Shawnee District, spoke in favor of the proposed rezoning. She advised that her mother has owned this property for over 50 years and in order for her to be able to sell it the property must be rezoned. She went on to say that change is hard for everyone to accept, but it must happen. She concluded by urging the Board to approve the rezoning. Sheila Williams, Stonewall District, spoke against this application. She stated her parents had been working in the store since 1974. She felt her parents had not been treated fairly and the whole thing had gone "down in a bad way". She concluded by saying it was a shame CVS had to come here and take out the little man. Jonathan Adcock, Opequon District, echoed the first speaker's comments. He asked Minute Book Number 34 Board or Supervisors Regular Meeting or 10/08/08 091 how many drug stores we needed on every corner. Deborah Strosnider, Stonewall District, spoke again and stated if this rezoning was approved there would be 8 pharmacies within five miles of one another. She requested the Board vote no on this request. Corey Martin, CVS employee, stated this was not a new store, but was replacing the existing store in the adjacent shopping center. There being no further comments, Chairman Shickle closed the public hearing. John Lewis responded on behalf of the applicant. He advised this transaction was market driven. He stated that applicant was meeting the requirements of the Comprehensive Plan and the Zoning Ordinance and felt it was a good fit. Chairman Shickle asked about the traffic improvements and whether they would be performed if they were approved by VDOT or if the project was built. Senior Planner Perkins responded the improvements have been approved for construction by VDOT. With regard to the Generalized Development Plan, Chairman Shickle asked if the bike trail would go away if the pharmacy is not built. Senior Planner Perkins stated the proffers are tied to all improvements and the site must be built with a pharmacy. She went on to say if the site remains unbuilt then the improvements will not be completed. Supervisor DeHaven stated some of the discussions going on in the community were unfortunate, but the Oates family has been good friends, neighbors, and business folks. He went on to say this application did meet the requirements of our ordinances. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved Rezoning #07-08. WHEREAS, Rezoning #07-08 of Unger Property, submitted by Painter-Lewis, PLC, to rezone .49 acres from B2 (Business General) District to B2 (Business General) District with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District with proffers dated August 6, 2008, and final revision dated September 29, 2008, for Commercial Use (13,225 sf Pharmacy), was considered. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A-A-5 and 53A-A-6. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2008; and Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 092 WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change .49 acres from B2 Business General) District to B2 (Business General) District with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District, for commercial use, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. 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 -CONDITIONAL USE PERMIT #OS-08 FOR BUBBLE WORKS, SUBMITTED BY PAINTER-LEWIS, PLC, FOR AN OFF-PREMISE SIGN. THIS PROPERTY IS LOCATED AT THE INTERSECTION OF NORTH FREDERICK PIKE (ROUTE 522 NORTHI AND WESTMINSTER- CANTERBURY DRIVE (ROUTE 1318), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 53-4-2-D IN THE STONEWALL MAGISTERIAL DISTRICT -APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for an off-premise business sign. The sign will be 15 feet high and no more than 50 square feet. The proposed sign meets the requirements of the Frederick County Zoning Ordinance. This application legitimizes the sign. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. The sign shall be properly maintained. 2. This illuminated off-premises business sign shall not exceed 15 feet in height and 50 square-feet in face area. 3. Only the Westminster-Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new conditional use permit. John Lewis, Painter-Lewis, appeared before the Board on behalf of the applicant. He stated the proposed conditions were acceptable to the owner. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 34 Board or Supervisors Regular Meeting of 10/08/08 093 Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved Conditional Use Permit #OS-08 with the above 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 OTHER PLANNING ITEMS WAIVER REQUEST TO ENABLE FAMILY SUBDIVISION ON RIGHT-OF- WAY LESS THAN 50 FEET FOR BETTY JEAN DAMS -DENIED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He stated this was a request for a waiver of Chapter 144-31C(3) of the Subdivision Ordinance to enable a family subdivision of land on aright-of--way of less than 50 feet. The reason for this waiver request is to provide relief from the 50 foot right-of--way as the parent parcel is currently served by a 20 foot right-of--way. The proposed right-of--way would serve two family lots. Zoning Administrator Cheran concluded by saying the Planning Commission recommended approval of the waiver request. Supervisor Dove asked if the applicants lived on the property now. Dwayne Brown, Marsh & Legge, appeared before the Board on behalf of the applicants. He stated there were no houses on the property and there was no plan to put houses on it in the near future. He went on to say the parcel would be divided into three separate parcels to be conveyed to the daughter and grandson. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board denied the waiver 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 Nay BOARD DIRECTION ON ROUTE 277 TRIANGLE AND URBAN CENTER STUDY UDA/SWSA EXPANSION - (RESOLUTION #024-081 -APPROVED PARTIAL EXPANSION OF THE UDA/SWSA Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 094 Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He stated that staff was seeking Board direction regarding the expansion of the Urban Development Area and Sewer and Water Service Area in the Route 277 Triangle and Urban Center Study area. He went on to say the benefit of including this area within the UDA would be to facilitate transportation improvements. Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the UDA/SWSA expansion. WHEREAS, An amendment to The Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to include the Route 277 Triangle and Urban Center Land Use Plan which promotes five main areas of new land uses: the Route 277 Urban Center, the Route 277 Triangle - Center of Economy, Interstate Commercial at Exit 307, Neighborhood Commercial at White Oak Woods, and Tasker Woods, and expands the associated Urban Development Area (UDA) by approximately 664 acres and the Sewer and Water Service Area (SWSA) by approximately 2,360 acres, was considered. The Route 277 Triangle and Urban Center Land Use Plan includes land generally located east of Interstate 81, north and south of Fairfax Pike (Route 277), and west of Route 522, in the Opequon, Shawnee, and Back Creek Magisterial Districts. This amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Comprehensive Plans and Programs Subcommittee (CPPS) held a public meeting of this Comprehensive Policy Plan amendment on April 14, 2008; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on June 18, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on August 13, 2008; and WHEREAS, the Board of Supervisors approved the Route 277 Triangle and Urban Center Land Use Plan on August 13, 2008; and WHEREAS, the Board of Supervisors modified the Boundary of the Sewer and Water Service Area (SWSA) by approximately 58 acres in support of the Route 277 Triangle and Urban Center Land Use Plan and CPPA#02-08, Lowes of Stephens City, on September 24, 2008; and WHEREAS, the Board of Supervisors further modified the Boundary of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) by approximately 664 acres in support of the Route 277 Triangle and Urban Center Land Use Plan; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment, to be in the best interest of the public health, safety, welfare, and in good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to include the Route 277 Triangle and Urban Center Land Use Plan, including maps, and to expand the Boundary of the Sewer and Water Service Area (SWSA) by approximately 58 acres in support of CPPA#02-08, Lowes of Stephens City, and to expand the Boundary of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) by approximately 664 acres in support of the Urban Center. "The revised Route 277 Triangle and Urban Center Land Use Plan and maps are described in the attached document. This policy shall be in effect on the day of adoption. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 095 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION -NEW OFFICE -MANUFACTURING PARK DISTRICT - (RESOLUTION #021-081 - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this proposed district was being created to help implement the Route 277 Land Use Plan. The OM Park District is designed to provide areas for research and development centers, office parks, and minimal impact industrial and assembly uses. She went on to say the catalyst for this district was the identified land use in the Route 277 study, it also has the potential to be applied in other areas designated for industrial uses. The primary uses that would be permitted in this district consist of target businesses as determined by the Economic Development Commission. The design and development standards have also been introduced with this proposed new ordinance. The standards include minimum district sizes, standards for building materials, screening requirements for loading areas, as well as prohibition of outdoor storage. She concluded by saying the Planning Commission recommended approval of this proposal. Vice-Chairman Fisher stated he was concerned about the proposed exclusion of battery and tire facilities. He explained the technology is changing and we might be eliminating things that ought to be in there. Chairman Shickle asked how the list of exclusions was developed. Senior Planner Perkins responded that staff had worked with the Economic Development Commission and the subcommittees. Chairman Shickle asked why restaurants were removed. Senior Planner Perkins responded that restaurants were allowed as a secondary use. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board sent this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article X, Business and Industrial District, pertaining to the addition of the OM Office-Manufacturing Park District and Chapter 165, Zoning, Article IV, Supplementary Use Regulations pertaining to revisions to the Accessory Use regulations. WHERF,AS, the Development Review and Regulations Subcommittee (DRRS) Minute Rook Number 34 Board of Supervisors Regular Meeting of 10/08/08 096 recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on September 17, 2008 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article X, Business and Industrial District, pertaining to the addition of the OM Office- Manufacturing Park District and Chapter 165, Zoning, Article IV, Supplementary Use Regulations pertaining to revisions to the Accessory Use regulations. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall held a public hearing to consider revisions to Chapter 165, Zoning, Article X, Business and Industrial District, pertaining to the addition of the OM Office-Manufacturing Park District and Chapter 165, Zoning, Article IV, Supplementary Use Regulations pertaining to revisions to the Accessory Use Regulations. Passed this 8`h day of October, 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 DISCUSSION -PROPOSED ZONING ORDINANCE TEXT AMENDMENT - BUFFER REQUIREMENTS ADJACENT TO RAILROADS - (RESOLUTION #022-08) -SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff was directed to prepare a revision to the Zoning Ordinance to address properties adjacent to railroad right-of-ways. The proposed text would be added to §165-37D and will state the following: §165-37D. Buffer and Screening Requirements. §165-37D (11) Whenever land is to be developed in the BI, B2, B3, Ml or M2 Zoning Districts that is adjacent to a railroad right-of-way that has property zoned Bl, B2, B3, MI or M2 on the opposite side, Zoning District Buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of-way, Zoning District Buffer as required by §165-37D shall be provided. In the event that a Zoning District Buffer is required the width of the railroad right-of-way may be counted towards the required Zoning District Buffer distance. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board sent this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, pertaining to the revision of buffer and screening requirements. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 097 WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on September 17, 2008 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and screening requirements. NOW, THEREFORE, BE IT REQUESTED, by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and screening requirements. Passed this 8`h day of October, 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 DISCUSSION - ZONING TEXT AMENDMENT - AGE-RESTRICTED MULTIFAMILY HOUSING AMENDMENT - (RESOLUTION #023-08) -SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this request had been discussed on numerous occasions over the past two years. The principal change to the ordinance would be the introduction of a new housing type in the RP District called age-restricted multifamily housing in proffered age-restricted communities. She went on to say the proposed ordinance was discussed at the August 5, 2008 joint work session of the Board of Supervisors and the Planning Commission. The main issue was the proximity of the building to adjacent residential uses. A waiver option to increase the height of the building was discussed at the meeting. After the work session, the ordinance was revised to include a waiver option for the building height. The Planning Commission was supportive of this proposed amendment with the waiver option for height. Chairman Shickle felt the parking requirements were too much. He hoped this was something that could be built rather than merely language in the ordinance. Upon motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board sent this item forward for public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 098 WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, and Chapter 144, Subdivision of Land -for provisions to enable age-restricted multifamily housing in the RP (Residential Performance) District; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2008 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning and Chapter 144, Subdivision of Land -for provisions to enable age-restricted multifamily housing in the RP (Residential Performance) District. NOW, THEREFORE, BE IT REQUF,STED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, and Chapter 144, Subdivision of Land -for provisions to enable age-restricted multifamily housing in the RP (Residential Performance) District. Passed this 8`h day of October, 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 LIAISION REPORTS There were no Board liaison reports. There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton expressed his condolences to the family of Bob Howard on his passing. 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. (9:15 P.M.) ~~ Richard C. Shickle R. Riley, Chairman, Board of Supervisors Jerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08 099 Minutes Prepared By: ~_ ~_~•~ Jay E. ib Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 10/08/08