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HomeMy WebLinkAboutMarch 11 2009 Regular Meeting270 A Budget Worksession of the Frederick County Board of Supervisors was held on Wednesday, March 11, 2009 at 6:00 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 Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Cheryl B. Shiffler, Finance Director; Sharon Kibler, Assistant to the Finance Director; C. William Orndoff, Jr., Treasurer; and Ellen E. Murphy, Commissioner of the Revenue. CALL TO ORDER Chairman Shickle called the worksession to order. IIe then turned the meeting over to Administrator Riley. Administrator Riley stated the purpose of this worksession was to get "square" with the Commissioner of the Revenue regarding tax rates and revenue. Commissioner Murphy referred the Board to her spreadsheet and advised that a real estate tax rate of $0.51 per $100 would gain a revenue increase of approximately 0.61 %, which would not require an advertisement for a tax increase. She noted anything above $0.51 would put the Board over the 1% increase threshold and would require an additional public hearing advertisement. With regard to the personal property tax rate, Commissioner Murphy advised that it would have to be increased by $0.66 per $100 in order to maintain revenue neutrality. She noted this amount was lower than what was discussed at the last budget worksession. Administrator Riley informed the Board that a $0.51 real estate tax rate would gain about $240,000 in additional revenue. He went on to say if the Board chose to go with the $0.51 real estate rate and a revenue neutral personal property tax rate then a public hearing on the tax rates would be scheduled for March 25, 2009. Vice - Chairman Ewing stated he would like to see the personal property tax rate adjusted down to compensate for any salary reduction implemented for county employees. Supervisor DeHaven stated that a salary reduction would not fix the personal property tax rate because the proposed revenue neutral rate only fixes a revenue hole that exists today. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 271 Finance Director Shiffler stated that even with a revenue neutral personal property tax rate there was still a hole to fill. Chairman Shickle asked for a recommendation regarding the tax rates to advertise. He said he would then poll the Board for a consensus. Vice- Chairman Ewing recommended advertisement of a personal property tax rate of $4.86 and a real estate tax rate of $0.51. Supervisors Lofton, DeHaven, Dove, Fisher, Lemieux, and Chairman Shickle supported the recommendation. Administrator Riley and Finance Director Shiffler reviewed the proposed budget adoption calendar with the Board: - March 25, 2009 — "fax Rate Public Hearing - April 8, 2009 — Adopt Tax Rate - April 8, 2009 — Budget Public Hearing - April 22, 2009 — Adopt Budget. The Board decided there was no need for a budget worksession on March 18, 2009 unless something changed. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board adjourned the worksession and recessed until 7:15 P.M. (6:20 P.M.) CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised there were no changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 272 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Proclamation Declaring April 12 -18, 2009 as National Telecommunicator's Week — Tab B. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher 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 Lofton, the Board approved the minutes from the February 25, 2009 Budget Worksession/Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS PROCLAMATION ( #002 -09) DECLARING APRIL 12 -18, 2009 AS NATIONAL TELECOMMUNICATOR'S WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and Minute Book Number 34 Board or Supervisors Budget Worksession /Regular Meeting of 03 /11/09 273 WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREOFRE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 12 -18 2009 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. This item was approved under the consent agenda. COMMITTEE APPOINTMENTS APPOINTMENT OF TERESA LAZAZZARA STROHMEYER AS FREDERICK COUNTY REPRESENTATIVE TO THE SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board appointed Teresa Lazazzara Strohmeyer as Frederick County representative to the Shenandoah Area Agency on Aging. This is a four year appointment. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye APPOINTMENT OF LYNETTE EMBREE AS FREDERICK COUNTY REPRESENTATIVE TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board appointed Lynnette Embree as Frederick County representative to the Lord Fairfax Community College Board to fill the unexpired term of June Wilmot, said term to expire June 30, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03 /11/09 274 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Abstain COMMITTEE REPORTS RURA AREAS SUBCOMMITTEE — (RESOLUTION #052 -09) - SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He presented the following report: In response to the increasing development pressures in the County's rural areas, which have intensified over the past decade, in July 2008 the Board of Supervisors created the Rural Areas Subcommittee, and charged the Subcommittee with: • Identifying growth and development trends and related issues in the rural areas of the County; • Gathering ideas to address those issues; and • Forwarding a recommendation for resolution to the Board of Supervisors. The Subcommittee reviewed State - enabling opportunities to manage rural areas growth; identified those opportunities that were not yet being fully utilized in Frederick County; held various community meetings to gather the citizens' thoughts on the rural areas; and drafted a list of "Preliminary Thoughts" for what the County could do to address the Subcommittee's charge. Following a presentation of the "Preliminary Thoughts" at a public meeting and digestion of the public comments, the Subcommittee finalized their recommendations. The Subcommittee did offer further consideration regarding the citizen comments received during the "Preliminary Thoughts" public meeting. Particular attention was given to: enabling lot sizes as small as one acre; expanding opportunities to enable community health systems beyond the Rural Community Centers; and maintaining the existing 50% reserve drainfield area requirement. After discussion, the Subcommittee reaffirmed their support for the minimum two acre lot size as deemed necessary to accommodate an appropriately sized health system. This decision also confirmed that the 100% reserve drainfield requirement was appropriate, as it would protect property owners' future needs for relocated drainfields in the event of a primary drainfield failure. In terms of interest in expanding opportunities to utilize community health systems throughout the rural areas, the Subcommittee firmly believed that such a move would enable development to occur in the areas that previously had limited development opportunity because of environmental constraints such as steep slopes, floodplains, wetlands, and generally poor soil conditions that are not conducive to private on -site health systems. Utilizing community health systems to introduce development in locations that are developmentally challenged based on existing standards would be contrary to the Subcommittee's charge. On February 19, 2009, the Rural Areas Subcommittee forwarded their findings — the Rural Areas Report and Recommendation — and recommended that the Board consider (1) Adoption of the report as a component of the Comprehensive Policy Plan, and (2) Implementation of the recommendations identified in the study. Attached is the report's Executive Summary, as well as the complete Rural Areas Report and Recommendation If the Board desires to proceed with the Rural Areas Subcommittee's recommendations, it would be appropriate to direct the Planning Commission to hold a public hearing on the Rural Areas Report and Recommendation and return same to the Board with a recommendation. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the resolution sending this item forward for public hearing. WHEREAS, the Rural Areas Subcommittee was directed to study and offer a recommendation regarding growth in the County's Rural Areas; and Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 275 WHEREAS, the Rural Areas Subcommittee has completed its study and on February 19, 2009 forwarded to the Board of Supervisors a report on the Subcommittee's effort, the report being titled the Rural Areas Report and Recommendation and WHEREAS, the Board of Supervisors discussed the Report on March 11, 2009 and found the Report worthy of considering for incorporation as a component of the Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding the Rural Areas Report and Recommendation 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 adopting the Rural Areas Report and Recommendations as a component of the Comprehensive Policy Plan, and forward a recommendation to the Board of Supervisors. Passed this 11 `h day of March, 2009 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING PUBLIC HEARING - AMENDMENTS TO THE FREDERICK COUNTY CODE CHAPTER 61, CABLE TELEVISION. THE AMENDMENTS ARE DESIGNED TO SIMPLIFY THE LANGUAGE WITHIN THE CHAPTER AND TO BETTER CONFORM TO CURRENT STATE AND FEDERAL LAW GOVERNING CABLE FRANCHISES. - APPROVED Assistant County Administrator Kris Tierney appeared before the Board regarding this item. He advised this was a proposed amendment to Frederick County Code, Chapter 61 Cable Television. The changes were necessary to bring the existing ordinance into compliance with State and Federal regulation changes which have occurred in recent years. He went on to say the proposed amendments were being made in an effort to: - Update portions of the ordinance that are out of date; - Allow flexibility by removing language pertaining to aspects of the relationship between the County and a franchisee that are more efficiently addressed through franchise negotiations; and - Clarify and simplify the ordinance by deleting unnecessary language. He concluded by saying the proposed amendments have been reviewed by the County Attorney and following the public hearing, staff would be seeking approval of these amendments. Chairman Shickle convened the public hearing. There were no citizen comments. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the ordinance amending Chapter 61, Cable Television of the Code of the County of Frederick Virginia. The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 61 (Cable Television) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Chapter 61, in its entirety in place of the current Chapter 61 of the Code of Frederick County, Virginia, to read as follows and to take effect immediately (deletions are shown in stFikethF and additions are shown in bold underline CHAPTER 61: Cable Television § 61 -1. Title. This chapter shall be known and may be cited as the "Cable Television Franchise Chapter." § 61.2. Terminology A. Terms of the act not otherwise defined herein, whether capitalized or not, shall have the, meanings ascribed to them in Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 521 et seq. (hereinafter the "Communications Act'). B. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. C. The word "shall' is always mandatory and not merely directory. D. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: BOARD — The Board of Supervisors of Frederick County, Virginia. CABLE TELEVISION SYSTEM (or GATE or CABLE SYSTEM, sometimes hereinafter referred to as "system ") — The same meaning as ascribed to the term "cable system" in the Cable Ast Section 15 2- 2108.19 of the Code of Virginia COUNTY — The unincorporated portions of the County of Frederick, Virginia. FCC — The Federal Communications Commission or its successor. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 - - - - -- - - -• - m3r.T. - - Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 277 ,;t are shall be U; IeSSOF POFtiOR of it se FYiGe area t h h •+ FRANCHISE AREA Unless otherwise provided in a franch a greement ,the entire geographic area of the County. FRANCHISEE - The grantee of rights under a franchise granted pursuant to this chapter. GROSS REVENUES -All seMp °nsatH sUnless otherwise provided by applicable law, all compensation and other consideration in any form fesei�redderived directly or indirectly by a franchisee from or in connection with the operation of that franchisee's cable system eXG such taxes aFe FequiFed to be GhaFged separately in addition to etheF 61 8A and 61 OG hereof, OF any GeSt FeirnbWsemeRt OF aid Of GonStFU DFePAR €NT The ViFqiRia Depa rtment of TFansnnrtatinn to provide cable service HOME - Any single - family dwelling unit, whether a house, apartment, trailer, rented room or otherwise. LOCA GOVERNMENT OCCUPIED BUILDINGS —These "" owned On whole 9F on paFt by the COURty of FrederiGk, ViFgiRia, or eGGupied ler_,ated the County. r rn�_ A 4MIJr ICATIONS SERVICE Any service Prn„i,+ b" the fmnnWsee's cable sy6t PERSON - Any individual, firm, partnership, association, corporation, company, trust, governmental entity or organization of any kind. PUBLIC RIGHTS -OF -WAY — the surface. the air space above the surface and the area below the surface of any public street, avenue . highway, boulevard concourse driveway, bridge tunnel lane alley or similar property within the County in which the County now or hereafter holds any property interest which consistent with the purpose for which it was created obtained or dedicated may be used for the purpose of installing operatina and maintainina a cable system No reference herein or in any franchise agreement to a "public right-of-way" shall be deemed to be a representation or guarantee by the County that its interest or other riaht to control the use of such property is sufficient to permit use of the property for he purpose of installing operating - and maintaining a cable system. A franchisee shall be deemed to aain only those rights to use the property as are properly in the County, in County's sole determination and as the County may have the right and power to RGG- R SUBSCRIBER SERVICE The simultaReous deliver„ b franGho # th tel / a n y nth su i t a b l e type of a iJin Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 RESIDENTIAL SUBSCRIBER - A purchaser in good standing of any service that the franchisee delivers to any home, provided that that service is not utilized in connection with a business, trade or profession. SENIOR CITIZEN - Any residential subscriber who is 65 years of age or older. SERVICE AREA — Any area in the County in which a franchisee is actually providing service not aI being sewed by ane or that has - a density of at least 25 homes per linear mile and is contiguous to an area in which the franchisee has installed its cable Ip ant For the purposes of this chapter, all homes within 150 feet from any roadway o ethef gblic right -of -way suitable for cable trunk installation shall be counted in density determinations and shall be considered as being within the "service area" as defined herein. The County and a franchisee may. however, agree in a franchise agreement to such other and different numbers of homes per linear mile and distances from public right -of- way suitable for cable trunk installation. SUBSCRIBER 9F W91I Any person or entity lawfully receiving any service provided by or carried on the franchisee's cable television system. VDOT - The Virainia Department of Transportation. § 61 -3. Franchise granted; renewal. A. arrangements, The County shall have the authority, c,,hieGt de eemnlianee With the relevant nroainienc efpursuant to § 15.2 - 967 2108.20 of the Code of Virginia, to grant shall thereafter he a franchisee hereuF; der a neneXGIU ive franchi e or more nonexclusive franchises, which shall authorize &u h each respective franchisee to construct, erect, operate and maintain, in, upon, alI aI above, over and undeF the Weets, alleys, publiG ways and p ublie plaees new laird GI OF dedicated aR d all extensions thereof and additions thereto, on aRY part -of the e public rights- of-wav in the franchisee's franchise area, poles, wires, cable, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in such franchise area of a cable television system and to thereafter provide cable service within any- part -ef-the GeuRbdranchuse area, subject to such applisantfranchisee's agreement and obligation to provide cable service within the franchisee's service area and to otherwise comply with all provisions of this chapter and any agreement relating to the grant of the franchise. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 Mr. 0~111_ Emil - IM 1 19~0 Pirr.1r."1172TWIT112. E ,I, SUBSCRIBER 9F W91I Any person or entity lawfully receiving any service provided by or carried on the franchisee's cable television system. VDOT - The Virainia Department of Transportation. § 61 -3. Franchise granted; renewal. A. arrangements, The County shall have the authority, c,,hieGt de eemnlianee With the relevant nroainienc efpursuant to § 15.2 - 967 2108.20 of the Code of Virginia, to grant shall thereafter he a franchisee hereuF; der a neneXGIU ive franchi e or more nonexclusive franchises, which shall authorize &u h each respective franchisee to construct, erect, operate and maintain, in, upon, alI aI above, over and undeF the Weets, alleys, publiG ways and p ublie plaees new laird GI OF dedicated aR d all extensions thereof and additions thereto, on aRY part -of the e public rights- of-wav in the franchisee's franchise area, poles, wires, cable, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in such franchise area of a cable television system and to thereafter provide cable service within any- part -ef-the GeuRbdranchuse area, subject to such applisantfranchisee's agreement and obligation to provide cable service within the franchisee's service area and to otherwise comply with all provisions of this chapter and any agreement relating to the grant of the franchise. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 279 B. No franchisee shall, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in any franchise granted hereunder shall be deemed to prohibit the establishment of a graduated scale of charges to senior citizen subscribers and for multiple installations at the same house or building. No franchisee or its officers, stockholders or employees shall engage in the business of sales, service, repair or installation of television and radio receiving equipment. C. Any franchise granted hereunder as an initial authorization and any renewal thereof shall be governed by the provisions of the Communications Act and applicable state law, and any amendments or superseding legislation, and shall be for a term not to exceed fifteen (15) years. § 61-4. Rates. The county specifically retains all rights to regulate rates charged by any franchisee for cable service, subject to the provisions of relevant federal and state, legislation and the rules and regulations of applicable administrative agencies with aettterity. § 61 -5. Operation. Every franchisee shall operate its cable system as required by the FCC's rules and regulations and shall ensure compliance with all applicable provisions of F� Rule - 7 C.F.R. § 76.605 (Technical Standards) and any amendments thereto throughout the entire service area. Every franchisee shall submit to the county copies of all proof - of- performance tests required pursuant to .R. § 76.601 within thirty (30) days after completion of the same and any other performance tests that may be required by subsequent amendment of the FCC's rules and regulations. § 61 -6. Indemnification of county; insurance requirements. A. Every franchisee, as a condition to its continued entitlement to hold a franchise hereunder, shall save the county harmless from all loss sustained by the county on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the franchisee in the construction, operation or maintenance of its cable television system in the county. IP11M. RM. T. ..... - - .. l - . . . 1 . . . • . T ill 111 1111111111111111111 • l • ti M71 _ l• ff TITT MIT l• 1 �_ I • I A LIP W17-1r- • -- 6_• _ • . l 1 agreement. All policies shall be written by a company acceptable to the county, and the county shall be named as an additional insured thereunder. A certificate of these policies shall be furnished to the county Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 MI as a condition to the grant of any franchise hereunder. The county reserves the right to require an increase in the leverages of coverage required by a franchise - agreemen t by an amount not to exceed the amount of any increase in the gress natiertal pFedur.t fixed consumer price index for each year after the adoption of this chapter. G. Every f� ,Fa;ohisee shall obtain werkmen's sempeRsatien instxG -as • .. t .. • 1 •..1 1 1. • - 1' -• 1 • •- . • • 1 - 1111 1- 11 IFIR L T OX4 • •_• • . 1 E. The County may require insurance policies described in this section IQ run to e benefit of both the County . its officers, employees . and gents, and other governmental units located and/or operating withi the County. § 61 -7. Maintenance; service complaint procedures. A. Throughout the term of its franchise, every franchisee shall maintain all parts of its cable system in good, working condition. B. Unless otherwise provided in a franchisee's franchise "°F�eragreement every franchisee shall comply with the customer service obligations established by €fG Rule 47 C.F.R. § 76.309(c) or any subsequently adopted ameRdmeRtS theret ) successor customer service standards provided, however, that no franchisee shall adopt standards less stringent than those imposed by ACC- Rule C.F.R. § 76.309(c) in effect on the date of this chapter without the express consent of the county. The county shall appoint a complaint officer to be directly responsible for assuring that all complaints have been satisfactorily resolved. Subject to notification and request by affected subscribers and to reasonable verification by a franchisee of a cable service outage, every franchisee shall rebate a pro rata portion of the fee charged to any subscriber for each calendar month in which such subscriber has experienced more than twenty -four (24) hours of cable service outage, with the rebate being based on the total hours of outage compared to the total number of hours available in the month to which such rebate applies. Every franchisee shall keep a record in its offices of every complaint received and a memorandum of the same indicating the manner or disposition thereof. Complaint records shall be kept for two (2) calendar years. The franchisee shall make information pertaining to its complaint records available to the county, the complaint officer or any other designees of the Board of Supervisors for review and inspection during normal business hours. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03 /11/09 281 § 61 -8. Materials to be filed with county. A. In addition to other filings that may be set forth herein, every franchisee shall file with the County Administrator, upon request, true and accurate maps or plats ofall existing and proposed installations, and the county hereby reserves the right at all times to reject any proposed installation whose manner or place of construction it deems contrary to public interest and may order and direct the franchisee to move the location or alter the construction of -any existing installation wherever the Board or tke Highway DepaFt ne. deems it is in the public interest to require such removal or alteration, having due regard for the equities of the parties concerned and the purpose of a franchise granted hereunder, provided that the county shall reimburse a franchisee for removing or altering its facilities to the same extent the county reimburses telephone or electric utilities in similar circumstances. B. Every franchisee shall file with the County Administrator a statement setting forth the names and addresses of all its directors and officers and the position that each holds. In the event of a change constituting a transfer of control of a franchisee or any change of directors, the franchisee shall promptly file information setting forth such change with the County Administrator. C. In addition, every franchisee shall file with the County Administrator copies of rules, regulations, terms and conditions adopted by the franchisee for the conduct of its business and . _ such other information as the county shall request with respect to properties and expenses related the franchisee's service within the county The ^^„^+„ shall have the Fi + of its own r.h^r.n"r g reasonabl aoseptablto a franchisee, that .... uv v��� � vi wvaii �9, � i fr;;oclhi? has correctly Fepo gr e66 revenues, and If Suvhr, --audit d th a f h" rti of i t s gFOGG FeYeRue6 h b Unders by— five — percent— (6 %)--er rreF the — franohisee sh-a4 audit shall be limited to the f h" ,+ + d f reasonably relevant to VeFifiGation that the franGhisee has GE)FreGtly D. An applicant for an initial or a renewal franchise hereunder shall include in its application all information requested by the county, subject to the provisions of governing law or regulations, as the county deems reasonably appropriate to allow it to evaluate such applicant's legal, financial and technical qualifications. E. If an initial applicant proposes to serve an area then actually being served by an existing franchisee, the application shall be submitted with proof of service of a copy of its application upon such franchisee. F. The county shall provide all existing franchisees on whom service is required under Subsection E above with an opportunity to be heard and to make presentations pertaining to such application. G. In evaluating an application, the county shall be governed by and comply with all relevant federal and state statutes. § 61 -9. Construction and installation of system. A. The county shall have the right to inspect all construction or installation work performed by a franchisee within the service area and to make Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 W OO O R such inspections as the county deems necessary to ensure compliance with the terms of this chapter, other pertinent provisions of law and any franchise granted hereunder. No poles, underground conduits or other wire - holding structures shall be erected by a franchisee without prior approval of the county or its duly authorized personnel or abutting property owners where the county does not own the area in which such are to be erected. To the extent possible, the franchisee shall negotiate agreements with the appropriate parties to permit it to utilize the existing poles and underground conduits throughout the county. Any poles, underground conduits or other fixtures that a franchisee is authorized by the county to install must be placed in a manner to not interfere with or obstruct the usual travel on the public streets or to interfere with any existing utility services. All construction activities of a franchisee shall be conducted in a manner that will cause minimum interference with the rights and reasonable convenience of the property owners directly affected thereby. Every franchisee shall maintain all structures, cable and related GATV equipment that are located in, over, under and upon the streets in a safe, suitable, substantial condition and in good order and repair at all times. B. All construction and installation by a franchisee shall be effectuated in a manner that is consistent with the FCC's rules, relevant local building codes, zoning and other regulatory requirements, the National Electrical Safety Code and other standards of general applicability to cable systems. No franchisee shall commence any construction without obtaining all local zoning and other approvals, permits and other licenses of general applicability to other entities performing such construction and paying all costs and fees normally imposed or charged therefor. C. Every franchisee shall complete construction of its cable system to provide service to persons located within its service area within three (3) years from the date such persons came into the franchisee's service area. Every franchisee shall extend energized trunk cable throughout its service area at the rate of at least thirty -three and one - third percent (33 %) per year. D. Extensions. (1) No franchisee shall be required to extend energized trunk cable in and /or through any portion of the county beyond and outside the limits of its defined service area provided, however, that a franchisee may elect to provide cable service outside its defined service area and — provided, farther, than -aRy initi fr anc hi see nrnngs inn to sepve loss densely populated areas as an inducement In the event that the owner of any home or other structure not within a franchisee's service area agrees, in writing, to pay the excess cost of extending cable service to that location, then a franchisee so requested by such owner shall provide cable service to such home or other structure, provided that such owner's payment obligation shall only apply to the costs incurred in extending cable more than eneWQ hundred #+#y OWJ feet from any trunk lino a franchisee Fn a„ nfFor try vt d ru ble sennre to any area of the Gee �nty not mooting the dens�t VV. •�VV aV u �� V u V V��L� IIVI meeting TL Q4TTJTC� sUsh proposed service-e*tensien, requireprespestive subSGrib re ­1_1Gh area to pay an aid Of GGR6tFUGtiGR fee on a PFO Fata basis under the following : feeder line. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 283 (2) For the purposes of calculating the average density of an extension, the distance in linear miles shall be from the point of beginning of the trunk line extension to the end of the tFunk -line extension. The homes per linear mile calculation shall be the average number of homes per linear mile along the entire length of thek extension. (3) Nonpayment by any owner of a home or other structure of costs associated with the immediately foregoing extension of service, once such owner has agreed to such payment, shall be a Class 4 misdemeanor and punishable as such. F- In case of any disturbance of pavement, sidewalk, driveway or other surfacing, a franchisee shall, at its own cost and expense and in a manner approved by the County Inspeetef, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said work was commenced. 6F. In the event that at any time during the period of a franchise the county or Highway VM shall lawfully elect to alter or change the grade of any street, alley or other public way, the affected franchisee, upon reasonable notice by the county or the Highway Depa#mentVDQT shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures, provided that the county shall reimburse a franchisee for removal or relocation of its facilities to the same extent that the county reimburses telephone or electric utilities under similar circumstances. HO. No franchisee shall place any poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, main or sewer, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. A franchisee shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than seven (7) days' advance notice to arrange for such temporary wire changes. A Every franchisee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the county so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, provided that all trimming shall be done under the supervision and direction of the county or the u' r^s*hwa SepaFtrnent and at the expense of the franchisee. The county or H i g hw ay D specifically reserves the right to prohibit the trimming of trees where it deems that such trimming would damage or destroy the tree. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting or 03 /11/09 .. (2) For the purposes of calculating the average density of an extension, the distance in linear miles shall be from the point of beginning of the trunk line extension to the end of the tFunk -line extension. The homes per linear mile calculation shall be the average number of homes per linear mile along the entire length of thek extension. (3) Nonpayment by any owner of a home or other structure of costs associated with the immediately foregoing extension of service, once such owner has agreed to such payment, shall be a Class 4 misdemeanor and punishable as such. F- In case of any disturbance of pavement, sidewalk, driveway or other surfacing, a franchisee shall, at its own cost and expense and in a manner approved by the County Inspeetef, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said work was commenced. 6F. In the event that at any time during the period of a franchise the county or Highway VM shall lawfully elect to alter or change the grade of any street, alley or other public way, the affected franchisee, upon reasonable notice by the county or the Highway Depa#mentVDQT shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures, provided that the county shall reimburse a franchisee for removal or relocation of its facilities to the same extent that the county reimburses telephone or electric utilities under similar circumstances. HO. No franchisee shall place any poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, main or sewer, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. A franchisee shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than seven (7) days' advance notice to arrange for such temporary wire changes. A Every franchisee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the county so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, provided that all trimming shall be done under the supervision and direction of the county or the u' r^s*hwa SepaFtrnent and at the expense of the franchisee. The county or H i g hw ay D specifically reserves the right to prohibit the trimming of trees where it deems that such trimming would damage or destroy the tree. Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting or 03 /11/09 284 No franchisee shall install aboveground facilities in any portion of its service area where all public utility lines are underground, and every franchisee shall be obligated to use its best efforts to relocate its existing facilities underground in any portion of its service area within ninety (90) days after all public utility lines in that portion of its service area have been placed underground. § 61 -10. H Departme it VDOT rules and regulations. This chapter shall not be construed to mean that the county, by granting any franchise hereunder, is giving any entity the right to use any right -of -way controlled by the High Depa +nien+VDOT or by any person other than the county. Every franchisee hereunder shall be required to meet any and all Highway De.,a.+ment regulations and requirements set forth for the use of such rights-of-way controlled by the Highway VDOT and shall be required to separately obtain from private parties and others necessary consents, not otherwise preempted by governing federal statute or regulation, to use any other rights -of -way not controlled by or vested in the county prior to the installation of any cable on, under or over the property so affected. § 61 -11. Transfer of plant or system. iVs Exceot as otherwise provided by applicable law. including. withou limitation § 15.2 - 2108.19 of the Code of Virginia. no franchisee shall sell or transfer its plant or system to another person, nor transfer any rights under a franchise to another person, without Board approval upon such reasonable terms and conditions as it may impose. No such sale or transfer shall thereafter be effective until the vendee, assignee or lessee has filed in the office of the County Administrator an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting and agreeing to be bound by the provisions of this chapter and a franchise granted pursuant hereto and agreeing to perform all the conditions that may be imposed by the Board pursuant to its consent. § 61 -12. Rights of county. A. The right is hereby reserved by the county to adopt, in addition to the provisions herein contained and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power. B. The county shall have the right to supervise all construction or installation work performed by a franchisee subject to the provisions of this chapter and to make such inspections as it shall find necessary to ensure compliance with governing ordinances. C. The county reserves the right to rsrra�mr_rvsa:�rrt'� _ -• -- may be distributed over the franchisee's system. D. All rights, rights -of -way and easements hereinabove designated shall remain the property of the county or the Highway DepaFtme4#yQpT Until such time as poles or other equipment is actually installed by a franchisee, and in the event of future removal of said poles or other equipment, said Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 i� rights shall remain' vested or immediately revert to the county or the Highway VDOT and, in the event of removal, a franchisee's rights therein shall be automatically canceled. § 61 -13. Bend -. jb Fund. - .. ri 1 111!19?. M ... s NO jilf I q uo " N_ MOM - .. ri 1 111!19?. M ... s NO jilf I q uo " N_ -e § 61 -1514. Franchise fee. •uli_ , -. . . . N I-O' Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 ri 1 111!19?. M jilf U3. 10-WMAWO .. § 61 -1514. Franchise fee. •uli_ , -. . . . N I-O' Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 N M franchise fee for purposes IT of 47 U.SC. & Q as amended, is imposed on the sale of Cable . . Service . by such franchisee . 1 IRM to subscribers Mel 4 1 - in the County. . . . . . . • 1 .. 1.. . . ..■ - • . • . - . - 1 - - . l • 1. • - .. •- r 11 4 u _u ik r . .. 1 12 . . • . . 1 .. .. hereun be from the date on which 1 • 11. - •uu.1 IT . . . . . . 1 IRM WW 4 1 Mel 4 1 - . . . . . . • 1 .. _ life • • 1 • 1 • 11 11 1 • l • 1 .• .. . .. •- •11 Rumins Warm Min 1 1 • •. .. • . . : 1 IF" MIS . .. 1.. . . ..■ - • . • . - . - 1 - - . l • 1. • - .. •- r 11 4 u _u ik r . .. 1 12 . . • . . 1 .. .. hereun be from the date on which 1 • 11. - fil 1 . 1 • • � _• • • • . 11 ' 1. • _ 1 t.' • 1 • 1 I, • - • =- MoInwhT IM rq OT, • • • . • nV • • • 1 • _ 1 • • 1 - • • • • - l 1 • - • • • - • • • • • • • _ 1 ON O u. 11 : 1 1 • - . 1. • • . 1. 1 • • • - - • • • 1 . 1 1 1 • - • • • • • M 1 - Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 . . . . . . 1 IRM WW 4 1 Mel 4 1 - fil 1 . 1 • • � _• • • • . 11 ' 1. • _ 1 t.' • 1 • 1 I, • - • =- MoInwhT IM rq OT, • • • . • nV • • • 1 • _ 1 • • 1 - • • • • - l 1 • - • • • - • • • • • • • _ 1 ON O u. 11 : 1 1 • - . 1. • • . 1. 1 • • • - - • • • 1 . 1 1 1 • - • • • • • M 1 - Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 287 u nderpayment, which notice shall include a copy of the audit repo. If recomputation results in additional revenue to be paid by a franchisee to County, such amount shall be subject to an interes charae of the Prime rate plus one percent (1 %). If the audit d etermines that there has been an overpayment by a franchisee. the franchisee may credit overpayment against its next qu Prly payment: and. County shall waive the interest charge on any pas due amounts that were a result of such overpavment by the franc hi § 6146 and reports. The county shall have access at all reasonable hours to all of a franchisee's plans, contracts and engineering, accounting, financial, statistical, customer and service records relating to the cable system and its operation by the franchisee and to all other records required to be kept hereunder. § 6147- Costs. The county may require that each applicant for an initial franchise compensate the county for its direct, out -of- pocket costs incurred in the award of a franchise hereunder, including the county's expenses incurred for special counsel or consultants retained to assist it in such award. A bill for such costs as are then determinable may be presented to the franchisee by the county upon the franchisee's filing of its acceptance of an initial franchise hereunder, and if so presented shall be paid at that time, and such additional costs as are determined as payable by the county shall thereafter be paid within fourteen (14) days of presentment to the franchisee. § 614617. Approval by Board required. No franchise shall be deemed as granted pursuant to this chapter unless such grant shall be approved by the Board and, within fourteen (14) days after such approval, the applicant therefor acknowledges, in a writing provided by the county, its acceptance of the provisions of this chapter and any additional conditions imposed in consideration of such grant and provides payment of all sums due hereunder and submits all documentation required herein. Enacted this 11 day of March, 2009. Supervisor Fisher cited the definition of service area and asked if private roads would keep the cable company from providing service, since they are not public rights -of -way. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03 /11/09 ON 1111111 MPI - 0 M MM op 11P § 6146 and reports. The county shall have access at all reasonable hours to all of a franchisee's plans, contracts and engineering, accounting, financial, statistical, customer and service records relating to the cable system and its operation by the franchisee and to all other records required to be kept hereunder. § 6147- Costs. The county may require that each applicant for an initial franchise compensate the county for its direct, out -of- pocket costs incurred in the award of a franchise hereunder, including the county's expenses incurred for special counsel or consultants retained to assist it in such award. A bill for such costs as are then determinable may be presented to the franchisee by the county upon the franchisee's filing of its acceptance of an initial franchise hereunder, and if so presented shall be paid at that time, and such additional costs as are determined as payable by the county shall thereafter be paid within fourteen (14) days of presentment to the franchisee. § 614617. Approval by Board required. No franchise shall be deemed as granted pursuant to this chapter unless such grant shall be approved by the Board and, within fourteen (14) days after such approval, the applicant therefor acknowledges, in a writing provided by the county, its acceptance of the provisions of this chapter and any additional conditions imposed in consideration of such grant and provides payment of all sums due hereunder and submits all documentation required herein. Enacted this 11 day of March, 2009. Supervisor Fisher cited the definition of service area and asked if private roads would keep the cable company from providing service, since they are not public rights -of -way. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03 /11/09 ii Assistant Administrator Tierney responded no, as long as the density requirements were met. There being no further discussion, the ordinance amendments were approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - CABLE TELEV ISION FRANCHISE AGREEMENT WITH COMCAST OF ALIFORNIA/ MARYLAND IPENNSYLVANIAIVIRGINIAIWEST VIRGINIA LLC. THE PROPOSED AGREEMENT WOULD GRANT TO COMCAST A NONEXCLUSIVE FRANCHISE TO PROVIDE CABLE TELEVISION SERVICE WITHIN FREDERICK COUNTY FOR A PERIOD OF 10 YEARS. COMCAST HAS A CURRENT CABLE TELEVISION FRANCHISE AGREEMENT WITH THE COUNTY_ WHICH IS DUE TO EXPIRE ON APRIL 19.2009. — APPROVED AS AMENDED Assistant Administrator Tierney appeared before the Board regarding this item. He advised in the 15 years that have elapsed since the enactment of the previous cable television franchise agreement there have been significant changes in both state and federal laws which govern a locality's ability to regulate cable franchise provisions. These changes have significantly reduced the locality's ability to place demands on a cable provider as part of a cable franchise agreement. In light of this rapidly changing environment, the term of the new proposed franchise agreement would be 10 years instead of 15 years. Other changes include: - Comcast will continue to provide two PEG channels (School channel and County Government channel) in addition to the Public Safety Training Channel on their basic subscriber tier. - Comcast will provide a third PEG channel at the County's request, provided threshold programming volumes established by the agreement have been met. - Comcast will transmit PEG programming originating within the City of Winchester to County subscribers for as long as both localities are served by the same signal source. - Should Comcast eliminate its analog programming resulting in the need for County Administration or the School System to upgrade equipment in order to produce their access channel broadcasts, Comcast, will cover the cost of the required equipment. - Within 60 days of the effective date of the agreement Comcast will give the County a capital grant in the amount of $200,000.00 for PEG equipment upgrades or expansion of our fiber network. - From the effective date of the agreement, Comcast will make an annual financial contribution to the County based on the following formula: o From year 1 through year 5 a payment equivalent to $0.40 per subscriber per month; Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 6 o From year 5 through year 7 the amount will be $0.45 per subscriber per month. o From year 7 through the end of the agreement the amount rises to $0.50 per subscriber per month. Comcast may retain this annual payment until such time as they have recouped their initial $200,000.00 contribution described in item #5 above plus interest. - Comcast will provide service to areas of the County which meet an average threshold density of 30 homes per square mile. In addition, Comcast will serve areas of lesser density provided an average of 15 subscribers per mile are willing to commit in writing to cable service for a minimum of one year. - Comcast will maintain a call center available 24 hours per day, 7 days a week for service issues, and 5 days a week during normal business hours for billing issues. - Comcast will provide free cable service to all public facilities, schools, libraries, and fire and rescue stations that fall within their service area. He went on to say he believed this agreement was fair and reasonable and protected the County and the service to residents. He concluded by saying the agreement had been reviewed by the County Attorney and requested Board approval following the public hearing. Chairman Shickle stated he had a problem with this agreement because it was a financing proposal. He also questioned the 11.25% interest rate. He went on to say the County should have identified its needs up front if they were planning on taking the $200,000 monetary contribution. Chairman Shickle opened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Lofton asked if the rate /fee structure applied to Comcast customers who sign up for Internet and phone service. Assistant Administrator Tierney responded the fee only applied to cable television customers. Supervisor DeHaven suggested sending Assistant Administrator Tierney back to the table to renegotiate the financing issues. Robert Jacobs, Vice - President of Franchising and Government Affairs with Comcast, appeared before the Board. He responded that the company was okay with paying the per subscriber fee. He went on to say the FCC did not like companies to provide up front contributions, but that was something the County wanted; therefore, the company agreed to provide the contribution and then pay themselves back from the user fees. Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 290 Chairman Shickle asked if the code section pertaining to the financing dealt with the interest rate or merely outlined the financing mechanism. Mr. Jacobs responded the Code did not address the interest rate. He went on to say the FCC allowed the company to charge that amount. Chairman Shickle asked the County Attorney, if the company was agreeable to paying the user fee and not providing the up front contribution and the agreement were changed accordingly, would another public hearing be required. County Attorney Roderick Williams responded the Board could make the changes and approve the agreement without an additional hearing because the revised agreement would be less restrictive. Supervisor DeHaven asked if the proposed rate structure was where the parties started negotiating or was it a product of the financing due to the upfront contribution. Assistant Administrator Tierney advised this was not where negotiations began. He went on to say we had looked at upgrading our video equipment for the Board Room; but the cost was greater than what Comcast was willing to pay; therefore, we opted for the upfront money and the fee structure. Matt Ames, Miller & Van Eaton, legal counsel for the County, advised this was a common financing mechanism. He went on to say the interest rate was something the company insisted upon. He noted the rate structure was similar to that used by other localities. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the franchise agreement with changes, which included using the fee structure and no money paid up front. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #14 -08 OF SOVEREIGN VILLAGE TO REVISE PROFFERS ASSOCIATED WITH REZONING #15 -99 SECTION TITLED RECREATION CENTER AND APPLICABLE TO 3.03 ACRE PARCEL. THE PROFFER REVISIONS PROPOSE MODIFICATIONS TO THE Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 1291 SOVEREIGN VILLAGE RECREATION CENTER. THE PROPERTY IS LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF ROSSMANN AND FARMINGTON BOULEVARDS AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65H- 13A -26A IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was a proffer revision applicable to the recreation requirements for Sovereign Village. With the opening of Greenwood Mill Elementary School and the community facilities associated with that school, it was determined a recreation center was not needed in Sovereign Village. The residents, developer, and County have worked together to get a larger swimming pool. If this proposal is approved there would be no community building, but the residents would get a larger pool. The Planning Commission recommended approval of this proposal. Ty Lawson, Attorney, appeared before the Board on behalf of the applicant and advised he was present to answer any questions. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Lemieux thanked the homeowners' association board for their diligence in working on this. He expressed his frustration with all of the postponements that occurred as everyone worked through this process. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved Rezoning #14 -08 of Sovereign Village. WHEREAS, Rezoning #14 -08 Proffer Revision of Sovereign Village, to revise the proffers associated with Rezoning #15 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer revisions, dated December 11, 2008 with revision date of December 12, 2008, propose modifications to the Sovereign Village Recreation Center. The property is located at the southwestern comer of the intersection of Rossman and Farmington Boulevards in the Red Bud Magisterial District, and is identified by Property Identification Number 65H -13A -26A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 11, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, 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 proffers concerning Rezoning #15 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village Recreation Minute Book Number 34 Board of Supervisors Budget Worksession /Regular Meeting of 03/11/09 292 Center, as described by the application and 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 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS DISCUSSION — ORDINANCE AMENDMENT — VETERINARY CLINICS IN THE B1 (NEIGHBORHOOD BUSINESS) ZONING DISTRICT. — (RESOLUTION #053 -09) - SENT FORWARD FOR PUBLIC HEARING, AS AMENDED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the County had received a request to add Veterinary Clinics as a permitted use in the B -I (Neighborhood Business) Zoning District. Currently, the Frederick County Zoning Ordinance allows veterinary offices as a permitted use in the B2 (Business General) and the B3 (Industrial Transition) Zoning Districts, and as a conditional use in the RA (Rural Areas) and RP (Residential Performance) Zoning Districts. She went on to say the proposed ordinance revision would add "Veterinary Services for Animal Specialties" (SIC 0742) to the B1 Zoning District uses. This ordinance revision is intended to only allow animal and pet hospitals, Veterinarians for pets, and Veterinary services. It would exclude any type of livestock services and requires that all animals and activities be kept within the enclosed primary structure. She concluded by saying the Development Review and Regulations Committee and the Planning Commission recommended approval and staff is seeking Board input and authorization to send this item forward for public hearing. Supervisor DeHaven asked if staff was confident SIC 0742 excluded horses, goats, etc. Senior Planner Perkins advised staff could revise the language to exclude horses. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the resolution sending this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — for provisions to add Veterinary Services for Animal Specialties, excluding horses, with all activities and animals kept within a fully enclosed primary structure (SIC 0742), as a permitted use in the B1 (Neighborhood Business) District. WHEREAS, The Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on January 22, 2009; and Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09 293 WHEREAS, the Planning Commission discussed the draft ordinance on February 18, 2009; and recommended that a public hearing be held; 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 — for provisions to add veterinary clinics as a permitted use in the B1 (Neighborhood Business) District. 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 — for provisions to add Veterinary Services for Animal Specialties, excluding horses, with all activities and animals kept within a fully enclosed primary structure (SIC 0742) as a permitted use in the BI (Neighborhood Business) District. Passed this I Ith day of March, 2009 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. 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. (8:25 P.M.) Richard C. Shickle Chairman, Board of Supervisors J Riley, Jr. of rk, Board Supervisors Minutes Prepared By: r Jay El Ti#bs Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Budget Worksession/Regular Meeting of 03/11/09