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HomeMy WebLinkAboutApril 08 2009 Regular Meeting299 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 8, 2009 at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Philip Roby, Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no additions to the agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Proclamation — April 19 -25, 2009 as National Volunteer Week — Tab D; - Closing of County Offices for Annual Apple Blossom Festival — Tab F; - Parks and Recreation Commission —Tab G; and - Landfill Oversight Committee Report — Tab H. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 MW Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING PUBLIC HEARING - FISCAL YEAR 2009 -2010 BUDGET Chairman Shickle asked County Administrator John R. Riley, Jr. to present the proposed FY 2009 -2010 budget. Administrator Riley informed the Board that tonight was the public hearing on the proposed fiscal year 2010 budget. The presentation showed the strong commitments that the Board made to the community with the priority being a revenue neutral tax rate. He went on to say this has been a very different and challenging budget year. Information and assumptions have changed almost daily making the finalization of this budget a moving target. Frederick County, like the entire nation, had several budget challenges presented to this year. There has been a national economic downturn that has affected us all. Real estate and personal property values are down, there has been a shortage in credit available to individuals and businesses, unemployment continues to rise, health care costs are on the rise and fuel and other energy prices remain unstable. Interest rates are at all time lows which affects the return on investments. The building industry has seen declines which has an impact on a multitude of related services. And, perhaps the most difficult to work with, the delays and last minute changes to the federal and state government budgets. Funding from the Commonwealth has a hefty impact on the preparation of county budgets. He advised the national economic downturn that we are currently experiencing creates an increase in the need for county provided services, such as Social Services, public safety and the court system. As the demand for these services are increasing, the resources available to fund those services have decreased. Also, individuals and businesses are uncertain of the economic future and are reducing or eliminating spending. Reduced consumer spending has a trickle down effect on things such as tax collections and unemployment. Administrator Riley stated the goals and objectives for this budget were reflective of the current economic state and the direction given by the Board. Staff's goal was to operate with a decrease in local tax funded expenditures and prioritize limited resources to meet citizen need for services, programs, and facilities. While meeting this goal, the following objectives were Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 301 considered: no real estate or personal property tax increases to the citizens, to maintain an appropriate fund balance and to continue the delivery of core services. The Board of Supervisors issued their direction for the FY2010 budget preparation. The top priorities were to adjust the real estate & personal property tax rates to a revenue neutral amount and decrease the use of fund balance funds used to balance the budget. Both of these directives combined with the projected revenue shortfall resulted in the need for a reduction of over $9 million. Administrator Riley advised the Board gave a direction of revenue neutral tax rates. The term "revenue neutral" means that the County will collect revenue nearly equal to what was collected in the previous year. With the declining home assessment values, the County was able to reduce the tax rate by 1.5 cents. As an example, a home that was assessed at $200,000 in 2008, assuming the average decrease in residential real estate of 1.44 %, in 2009 the same house was assessed at a lower value, $197,120. The tax bill in 2008 would have been $1,050. After applying the reduced tax rate to the reduced home value, the tax bill decreased by $45 to $1,005. He went on to say although the personal property tax rate increased, the same end result, a lower tax bill, has happened. Values of automobiles have decreased an average of 15% reducing the value of a $20,000 car to $17,000. At the higher tax rate of $4.86, the tax bill decreased by $14. It is important to note that this analysis does not reflect the percentage of state car tax relief to the taxpayer. Administrator Riley stated he previously mentioned the term "fund balance" and that a goal of this fiscal plan was to reduce the use of fund balance. Fund balance is money which has not been obligated by the County and provides for unforeseen expenses and emergency situations. It also reduces the need for short -term borrowing — remember the county's largest revenue source — taxes — are only collected twice a year. Also, following the direction of the Board, the use of fund balance has been reduced. For FY09, $8.7 million was used. As you can see on the bottom line of this table, this has been cut in half to $4.3 million for FY10. The proposed FY10 budget successfully meets the goal, objectives and board directives. Through a decrease in operating costs combined with a hiring freeze, over $9 million in required reductions were met. After all the hours of hard work to meet the requirements of this budget and taking into consideration the parameters set by the current economic environment and the Board of Supervisors, the FYI proposed general fund budget is $126,078,819. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 302 Administrator Riley reviewed how we were able to reduce the general fund budget by over $9 million from last fiscal year and stated the difference between what was requested and what is being proposed resulted in a total reduction of over $9 million. He went on to explain that cost cutting measures were implemented to meet the $9 million in needed reductions. In the personnel and benefits category, staff salaries were frozen, 36 vacant positions were eliminated, overtime and holiday pay was reduced by a restructuring of pay policies, and career development and incentive programs were suspended. Operating budgets were cut by 15 %. This includes county departments as well as the county contributions to outside agencies. To begin the process of getting to a 15% reduction in operating costs, his directives to county departments were to suspend out of town travel, suspend tuition assistance for employees in college courses, reduce fuel commuting costs and to reduce maintenance to buildings and grounds. County departments were then tasked with finding the remaining dollars to meet the 15% reduction. For departments that have experienced workload reductions, greater cuts, including personnel, were made. The county contribution to Frederick County Schools was reduced by 6.3% using the same funding ratio to reduce the contribution as was used to allocate funding. Administrator Riley explained all capital equipment and construction projects have been delayed. Other significant cost containment measures include: a reduction in transportation funding, gypsy moth spraying and the contribution to fire company capital. Delay of the Fire & Rescue volunteer incentive and vaccination programs was also necessary. He cited a few of the notable outcomes of the reductions proposed by county departments including: elimination of public safety support at special events such as the Apple Blossom Festival, postponement of needed renovations at the old Gainesboro elementary school, reduction in the quality of athletic fields at county parks, and the elimination of scheduled vehicle replacements. He concluded by saying, "in summary, the FY10 proposed fiscal plan has decreased $9 million dollars in total general fund appropriations when compared to the FY09 budget. The real estate rate was advertised at $0.51 which will result in the average residential tax bill decreasing by 4 %. The per capita county government cost has decreased by 6.6% from $1801 to $1681 for FY10. With this proposed fiscal plan, I am confident that Frederick County will be able to continue the delivery of core services and meet our citizens' needs." Chairman Shickle convened the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 303 Mike Cline, Gainesboro District and President of the Frederick County Fire & Rescue Association, stated he did not believe the Fire Programs and Four for Life funds should be reduced by 15 %, as those monies are received directly from the State. Dr. John Lamanna, Shawnee District and Chairman of the Frederick County School Board, stated the stimulus money received from the federal government and the $1.5 million - I from the state lottery proceeds, which offset some of the budget reductions, are only one to two years worth of funding. He went on to say we cannot reduce expenditures anymore and now is the time to focus on the future. There is a need to strategically plan how to fund services and he suggested implementing an incremental tax increase, going forward. He recommended a task force be established to look at services, growth, etc, and determine what tax rate would be needed to meet those demands for service. There being no further public comments, Chairman Shickle closed the public hearing and thanked everyone for their comments and participation. OTHER BUDGET ITEM ADOPTION OF FISCAL YEAR 2009 -2010 TAX RATES — (RESOLUTION #055 09) - APPROVED Administrator Riley Read the following resolution to adopt the 2009 assessment year tax rate: WHEREAS, a notice of public hearing on the 2009 tax rate has been published and a public hearing held on March 25, 2009. THEREFORE, BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the tax rates for the 2009 assessment year as advertised in The Winchester Star on March 16, 2009, be hereby approved as follows: • 51 cents per $100 of assessed value to be applied to real estate, including mobile homes • $4.86 per $100 of assessed value to be applied to personal property • $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department • 42 '/z cents per $100 to be applied to airplanes • Zero tax to be applied to antique vehicles • $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract classified vehicles. The declining values are 60% for the first year, 50% for the second year, 40% for the third year, and 30% for the fourth year and beyond. The Business and Professional Occupational License rates are as follows: • retail 20 cents per $100 of gross receipts Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 304 • contractors 16 cents per $100 of gross receipts • professional services 58 cents per $100 of gross receipts • repair, personal, and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts • wholesale 5 cents per $100 of purchases • meals tax at 4% of gross receipts • transient occupancy tax at 2% of gross receipts County vehicle license are at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $45 per ton for commercial /industrial; $42 per ton for construction demolition debris; $12 per ton for municipal waste and $24 per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate of $1.60. THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, will adopt a resolution appropriating the fiscal year 2009 -2010 budget prior to June 30, 2009. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the Resolution to Adopt the 2009 Assessment Year Tax Rates. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove 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 Vice - Chairman Ewing, the Board approved the minutes from the February 25, 2009 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 F�•�J Gary A. Lofton Aye COUNTY OFFICIALS PROCLAMATION 0003 -09) — APRIL 19 -25 2009 AS NATIONAL VOLUNTEER WEEK — APPROVED UNDER CONSENT AGENDA WHEREAS, Fire and Rescue Services is a vital public service to the citizens of Frederick County; and WHEREAS, Frederick County has over five hundred volunteers; and WHEREAS, the volunteers of Fire and Rescue are ready to provide emergency services to those in need 24 hours a day, seven days a week; and WHEREAS, Approximately 73% of firefighters in the United States are volunteers; and WHEREAS, nationally, $37.2 billion dollars are saved per year by the services provided by Volunteer Fire and Rescue Companies; and WHEREAS, National Volunteer Week began inl974 when President Nixon signed an executive order launching an annual celebration on volunteering; and WHEREAS, The National Volunteer Week theme for 2009 is "Celebrating People in Action" and we should recognize those volunteers that take action in our community; and WHEREAS, it is appropriate to honor ordinary people who accomplish extraordinary things through volunteer service by designating National Volunteer Week, NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim the week of April 19-25, 2009 as NATIONAL VOLUNTEER WEEK And encourages the community to observe this week with appropriate programs, ceremonies, and activities. Adopted this 8th day of April, 2009. This item was approved under the consent agenda. CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA Administrator Riley advised that county offices will be closed on Friday, May 1, 2009 for the 82 "d Shenandoah Apple Blossom Festival, which is a regularly scheduled holiday for county employees; however, the court offices need an official action by the Board of Supervisors in order to close their offices on that day. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 17, 2009. Members present were: Charles Sandy, Jr., Ronald Madagan, P. W. Hillyard, III, Patrick Anderson, Gary Longerbeam, Cheryl Swartz, and Philip Lemieux Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 ,1. Items Requiring; Board of Supervisors Acti None Submitted for Board Information Only None Standing; Committee Reports 1. Clearbrook Volunteer Fire & Rescue Easement Request — The Committee recommended to table the Clearbrook Volunteer Fire & Rescue easement request until an easement request policy is created and approved by the Commission at the April 2009 meeting, second by Ms. Swartz, carried unanimously (6 -0). LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Wednesday, March 25, 2009, at 8:00 a.m. All committee members were present except the Winchester representatives. The following items were discussed: ** *Items Not Requiring Action * ** 1. Debris Management Plan The landfill staff has engaged the services of SCS Engineers, Inc. to prepare a regional debris management plan to serve three (3) jurisdictions associated with the existing landfill. This plan would be developed to manage debris resulting from a widespread catastrophic event such as a hurricane, tornado, or flood. The plan would include contract documents that could be used to hire a contractor or contractors, to facilitate the removal and hauling of the debris. Each jurisdiction would be required to provide the name of a contact that will be responsible for coordinating the debris management within their respective jurisdiction. A representative from SCS Engineers will meet with each representative to review the site selections to insure adequate site access. 2. Project Updates a. Leachate Force Main: The construction of the new leachate force main is nearing completion. The landfill staff anticipates initiating the pumping of pre- treated leachate into the Frederick County Sanitation Authority's collection system on or about April 15, 2009. The pre- treated leachate will eventually be conveyed to the Opequon Wastewater Treatment Facility. b. Greenhouse Gas: The greenhouse gas program was initiated in September 2008. To date, the existing flare station has destroyed approximately 40,000 metric tons of CO2 equivalents. At two dollars ($2) per ton, this action generated revenue of approximately $80,000. c. Electric Generation: The design plans for the proposed two (2), one (1) megawatt generators and related facilities have been completed. Staff is currently negotiating a contract with Allegheny Power Company to utilize their transmission system to convey the generated electricity. We are also awaiting a permit from the Department of Environmental Quality prior to advertising for the construction of the new electric generation facility. Staff anticipates that this permit process should be completed on or about July 1, 2009. At that time, we will advertise the project with an eighteen (18) month construction schedule. d. New Scalehouse: A contract for the construction of two (2) new scales and a new scale building has been awarded to Lantz Construction Company of Broadway, Virginia. The project should be completed by September 1, 2009. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 307 e. New Truck Wash: Design plans for a new truck wash have been completed and will be advertised for bid in April 2009. The new truck wash will prevent the mud and sediment from leaving the landfill property. 3. Use of Riley Farm The Landfill Manager, Mr. Steve Frye, presented a plan to contract with a local farmer to plant a portion of the Riley farm in a row crop for two or three years with the ultimate goal of establishing a long term, reliable hay crop. This action would reduce the staff's maintenance of the property in the form of periodic mowing and control of nuisance weeds. The land proposed for farming does not include future clay borrow areas. 4. Property Inquiry The landfill staff has received an inquiry concerning our potential interest in purchasing an approximate 85 acre parcel of property located west of the landfill property and bordering Sulphur Spring Road. A portion of this particular property borders the old closed out landfill currently used by the Sheriffs Department for a shooting range and impound lot. The staff indicated that there is not a current need for this property. The committee recommended that staff contact the owner and indicate that we do not have any interest in purchasing this property at this time. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on March 23, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) Dave Burleson (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 1. MPO Transit Study — Continued Discussion This was the third time the Committee has discussed this item. After a significant amount of discussion regarding different aspects of the transit priorities, the Committee voted to recommend the following priority order for the Board to consider forwarding to the MPO. Motion made by Phil Lemieux and seconded by James Racey passed unanimously. Staff has attached the list of service alternatives provided by the consultant. 1. Coordination with the Shenandoah Area Agency on Aging., or similar agency, to pursue additional federal funding for enhanced elderly and disabled services using the existing agency infrastructure. 2. Enhanced focus on commuter services and parking to include working with the regional commuter bus service to enhance service to Frederick County residents. Additionally, to find locations in Frederick County that could be used as commuter parking for the bus service as well as for park and ride users. There was significant discussion on this item regarding potential opportunities to work with private industry to incentivize the provision of commuter parking. 3. Corridor service to Middletown/LFCC in cooperation with the City and potentially the local school systems as opposed to a totally County - supported service. 4. Route 7 /Berryville Avenue Minute Book Number 34 Board of Supervisors Regular Meeting or 04/08/09 ili 5. Valley Avenue to Cross Creek Village 6. Amherst Route to Wal -Mart 7. Apple Blossom Mall to 522 Corridor (the Committee wonders if the portion of this route serving 522 north will be more timely upon the completion of the Tevis Street Bridge) 8. Northside to Rutherford Crossing (the Committee felt that this route would be best applied by coordination with development in that area) Finally, it has been an ongoing discussion point that it should be very clear in the report that these are not promises or an actual implementation schedule, but an order of priorities to be pursued when funding is available. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted the transit priorities outlined by the consultant; however, this adoption is for the order of priorities, not a promise they will be completed or an actual implementation schedule. Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 6. Other Staff reviewed for the Committee the issues that were discussed at the VDOT public meeting on March 12, 2009. After discussion, Mr. Lemieux motioned and Mr. Racey seconded that the Committee recommend that the Board of Supervisors adopt a resolution for submission that highlights the concerns of Frederick County. The motion passed unanimously and staff was directed to draft a resolution and email it to the Committee for feedback before including it in the report to the Board. That resolution is attached. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board adopted the following resolution regarding VDOT service reductions: RESOLUTION #056 -09 WHEREAS, the Virginia Department of Transportation (VDOT) has asked for comment on a number of proposed changes to their service levels; and WHEREAS, the proposed changes include reductions of road maintenance, consolidation of residencies, and removal of land development functions to the district offices; and WHEREAS, the reductions in road maintenance will lead to increased citizen safety concerns; and WHEREAS, the removal of the land development function of the Edinburg Residency to the Staunton District Office will result in a decrease in ability to effectively coordinate land development functions between VDOT and Frederick County; and WHEREAS, that decreased ability to effectively coordinate will result in lost opportunities to work better with local development, decreased ability to innovatively address Minute Book Number 34 Board or Supervisors Regular Meeting or 04/08/09 N unique situations as they arise, decreased efficiency, and potentially decreased quality of proffer packages at rezonings; and WHEREAS, in recent years those efforts and coordination have resulted in millions of dollars in savings on needed road improvements to State and County taxpayers; and WHEREAS, new road construction funds are not forthcoming to replace the opportunities that will be lost; and WHEREAS, removal of the land development function to Staunton would reduce the ~ quality of reviews and make reviews of development take longer while being reviewed by individuals overburdened by meeting the needs of the entire Staunton District, as opposed to the current situation where reviews are done by individuals intimately familiar with Frederick County; and WHEREAS, those issues will reduce the quality of development while slowing it down at a time that the local, State, and National economies should not be working to slow development. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, requests that the VDOT and Commonwealth Transportation Board re- examines the proposed service reductions and focus on cutbacks that will not ultimately have a higher cost than savings, as is the case with the current proposal. The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Chairman Shickle stated VDOT's new position on cul -de -sacs has the potential to impact county citizens and development. He explained the County is not in a position to take on maintenance of these roads, and a number of the new standards appear to push us in that direction. He directed the Transportation Committee to review the new Secondary Street Acceptance requirements to clarify the impacts to the Board and bring forth strategies to minimize the impact to Frederick County and its taxpayers. ** *Items Not Requiring Action * ** 2. TIA Standard Update Staff updated the Committee on the discussion of this item at the Planning Commission retreat. Staff also noted the continuing concerns of the local development industry and the desire to work with them to the maximum amount possible. The Committee directed staff to provide an electronic copy of the most recent draft to representatives from the Top of Virginia Builders Association for review and redlining of suggested changes. 3. Transportation Module Update Staff updated the Committee on the discussion at the Development Impact Model Oversight Committee and the Planning Commission Retreat, and highlighted the concerns that were brought up at those meeting, particularly regarding how the information could be Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 310 misinterpreted by the public and developers. The Committee felt that the module is a valuable body of work and provided good information, but was not coming forward at a good time. The motion was made by Mr. Racey and seconded by Mr. Lemieux that the Committee review the module on an annual basis unless otherwise directed by the Board of Supervisors. 4. December Meeting Date The Committee voted to reschedule their December meeting date to December 21, 2009 with the understanding that the meeting would be canceled unless it would delay any projects. PUBLIC HEARING PUBLI HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF THE SHENANDOAH APPLE BLOSSOM FESTIVAL — THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE; THE SCHENCK FOODS FIR EFIGHTERS' RECEPTION• BB &T QUEEN'S BALL; AND D AILY GRIND N'AWLINS JAZZ PARTY. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 C P ERMIT REQUIRED; APPLICATION ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE TO BE HELD ON THURSDAY APRIL 30 2009 FROM 11:00 A.M. TO 2:30 P.M.; THE SCHENCK FOODS FIREFIGHTERS' RECEPTION TO BE HELD ON THURSDAY APRIL 30 2009 FROM 7:00 P.M. TO 10:00 P.M.; BB &T Q UEEN'S BALL TO BE HELD ON FRIDAY MAY 1 2009 FROM 8:00 P.M. TO 1.00 A.M.; AND DAILY GRIND JAZZ FEST TO BE HELD ON SATURDAY, MAY 2 2009 FROM 8:00 P.M. TO 12:00 MIDNIGHT ON PROPERTY OWNED BY DENNY PERRY ROCK HARBOR GOLF COURSE 365 ROCK HARBOR DRI WINCHESTER VIRGINIA (LOCATED OFF MERR IMAN'S LANE). - APPROVED Administrator Riley advised this was an application for an outdoor festival permit from the Shenandoah Apple Blossom Festival for the Willows at Meadow Branch Young at Heart Dance to be held on Thursday, April 30, 2009, from 11:00 A.M. to 2:30 P.M.; The Schenck Foods Firefighters' Reception to be held on Thursday, April 30, 2009, from 7:00 P.M. to 10:00 P.M.; BB &T Queen's Ball to be held on Friday, May 1, 2009, from 8:00 P.M. to 1:00 A.M.; and Daily Grind Jazz Fest to be held on Saturday, May 2, 2009, from 8:00 P.M. to 12:00 midnight, on property owned by Denny Perry, Rock Harbor Golf Course, 365 Rock Harbor Drive. John Rosenberger, Executive Director of the Shenandoah Apple Blossom Festival, stated this was much the same application as the past six or seven years. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the outdoor festival permit for the Shenandoah Apple Blossom Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 311 Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION — "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK — COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 C PERMIT REQUIRED: APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 9 2009 FROM 12:00 NOON TO 6:00 P.M.; ON THE GROUNDS OF BELLE GROVE PLANTATION 336 BELLE GROVE ROAD MIDDLETOWN VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTROIC PRESERVATION. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for Belle Grove Plantation for the "Of Ale & History" Microbrew & Imported Beer Festival to be held on Saturday, May 9, 2009 from 12:00 P.M. to 6:00 P.M. on the grounds of Belle Grove Plantation. Elizabeth McClung, Executive Director of Belle Grove Plantation, stated this was the 14` annual event and the funds collected will be used for historic preservation and educational programs. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit for "Of Ale & History" Microbrew & Imported Beer Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - STEPHENS CITY JOINT LAND USE PLAN — AN AMENDMENT TO THE 2007 COMPREHENSIVE POLICY PLAN CHAPTER 6 LAND USE, TO UPDATE THE STEPHENS CITY JOINT LAND USE PLAN THE UPDATE PROVIDES A NEW ORIENTATION TO THE LAND USE Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 312 DESIGNATIONS OF THE PLAN INTEGRATES LAND USE, AND TRANSPORTATION AND FURTHER ADDRESSES COMMUNITY INFRASTRUCTURE NEEDS. THIS PLAN CONTINUES TO COVER THE AREA ENCOMPASSED BY THE JOINT ANNEXATION AGREEMENT AND FURTHER IMPLEMENTS THE AGREEMENT. — (RESOLUTIO #057 - 09)APPROVED Deputy Director Michael Ruddy appeared before the Board regarding this item. He advised this was an update to the land use plan and land use text. He stated a key component of the update is the reinforcement of the need to adequately address the infrastructure and community facility components. He stated the Plan is essential to ensure that the necessary infrastructure and community facilities are provided in a timely and coordinated manner. He concluded by saying this item was being presented to the Board as a public hearing item and action/adoption was requested following the public hearing. Supervisor DeHaven asked why the extension of the western Stephens City by -pass, which would connect to Salem Church Road was not shown, as well as the extension of Town Run Lane to Salem Church Road. Deputy Director Ruddy responded the committee felt the plan should stay within the joint annexation areas, but they encouraged continuation of these roads outside of the area. Chairman Shickle stated that he hoped changes to roads outside of the joint land use area would not constitute a change to the joint land use plan. Brian Henshaw, Stephens City Town Planner, concurred with Deputy Director Ruddy's remarks and stated the roads shown in the annexations areas were done to illustrate the best locations to make connections to roads outside of the area. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the joint land use plan with the stipulation that it encompass only the areas covered by the Joint Annexation Agreement shown on the current map. WHEREAS, an amendment to the 2007 Comprehensive Policy Plan Chapter 6, Land -- Use, to update the Stephens City Joint Land Use Plan, was considered. The update provides a new orientation to the land use designations of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This Plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements the Agreement. WHEREAS, the Joint Land Use Committee, made up of representatives from the Town of Stephens City and from Frederick County, worked collaboratively to promote a plan that positively guides the future growth and development of the communities; and Minute Book Number 34 Board of Supervisors Regular Meeting of 04 /08/09 313 WHEREAS, the Joint Land Use Committee endorsed this Comprehensive Policy Plan amendment on October 23, 2008; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on December 17, 2008; and WHEREAS, the Stephens City Planning Commission endorsed this Comprehensive Policy Plan amendment on January 5, 2009; and -- I WHEREAS, the Stephens City Town Council endorsed the final draft of this Comprehensive Policy Plan amendment on February 3, 2009; and WHEREAS, the Stephens City Town Council endorsed the final map for this Comprehensive Policy Plan amendment on March 3, 2009; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on April 8, 2009; 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 update the Stephens City Joint Land Use Plan. The update provides a new orientation to the land use designation of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This Plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements the Agreement (map attached). This ordinance shall be in effect on the day of adoption. Passed this 8th day of April, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS DISCUSSION — ORDINANCE AMENDMENT — M1 DISTRICT CHANGES TO ADDRESS ACCESSORY USES. — RETURNED TO DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE FOR DEFINITION OF ACCESSORY RETAIL Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this is a minor update to the Zoning Ordinance M -1 district regulations. These new standards prohibit accessory retail in the M1 Zoning Districts. This item was presented to the Development Review and Regulations Committee and the Planning Commission. Both bodies recommended this change be forwarded to the Board for discussion. She concluded by saying Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 314 staff is seeking direction from the Board regarding whether or not to send this item forward for public hearing. Chairman Shickle asked what would happen to existing manufacturers who currently have a retail component with their business. Senior Planner Perkins responded they would be considered a non - conforming use. Supervisor DeHaven stated he shared the Chairman's concerns and he was also concerned about the removal of accessory retail uses. He went on to say he did not see it as intense as other allowed uses, but felt accessory retail should at least be defined and standards developed. Supervisors Dove, Fisher, and Ewing agreed. Supervisor Lofton explained the committees' reason for this change was their concern over the mix of traffic in the M -1 District due to the accessory retail use. Supervisor DeHaven suggested that staff could take this item back to the Development Review and Regulations Committee to look at allowing a certain percentage of accessory retail. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board returned this item to the Development Review and Regulations Committee "to define accessory retail and to bring it along with the O -M section back to the Board with the corresponding dovetail that brings both into agreement and compliance, at the same time ". Supervisor DeHaven suggested that he would like input on how the transfer from the SIC to the NCIS Code might affect this issue because the committee is simultaneously working on that issue, as well. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09 315 County Attorney Roderick Williams reviewed the Governor's amendments to 1113 1788 and SB 1276, which pertain to alternative on -site septic systems. The amendments removed the Board of Water Works and others from a regulatory role and moved the regulation component under the State Board of Health. In the interim, localities will have the prerogative to control the types of systems allowed until the Board of Health creates regulations. He concluded by saying both the House and Senate accepted the Governor's version of the bill. 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. (8:27 P.M.) yZ c Richard C. Shickle Chairman, Board of Supervisors Jon 4 r. y, C , Board of Supervisors Minutes Prepared By: Jay E. ib Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 04/08/09