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HomeMy WebLinkAboutJune 24 2009 Regular Meeting377 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 24, 2009, at 5:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman 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. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (7) to consult with legal counsel and Section 22-3711 A (1) to discuss personnel. 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 RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving consultation with legal counsel, pursuant to Virginia Code Section 2.2 -3711 A (7), and matters involving personnel, pursuant to Section 2.2. -3711 A (1). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 378 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified the evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECESS The Board recessed the meeting until 7:15 P.M. REGULAR MEETING — CALL TO ORDER Chairman Shickle convened the regular meeting. INVOCATION Reverend Philip Roby, the Amazing Grace Fellowship Church, 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 that he had no changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 379 There were no citizen comments. BOARD OF SUPERVISORS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the June 10, 2009 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS FOR MARCH (RESOLUTION #069- 09), APRIL (RESOLUTION #070 -09), AND MAY 2009 (RESOLUTION #071 -09) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved Karen C. Orndorff as Employee of the Month for March, 2009. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Karen C. Orndorff WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Karen C. Orndorff who serves as a Permit Technician with the Public Works /Inspections Department was nominated for Employee of the Month; and, WHEREAS, Karen is deserving of this special recognition for going above and beyond her daily duties. She is always willing to help in all ways possible which benefits the department and the citizens of Frederick County. Karen is also an excellent mentor to her co- workers and has a personality that is easy for the public to communicate with. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 24 day of June, 2009, that Karen C. Orndorff is hereby recognized as the Frederick County Employee of the Month for March 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Karen C. Orndorff for her outstanding performance and dedicated service and wishes her Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 MW continued success in future endeavors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Jeremy R. Coulson as Employee of the Month for April, 2009. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Jeremy R. Coulson WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Jeremy Coulson who serves as Webmaster with the Information Technologies Department was nominated for Employee of the Month; and, WHEREAS, Jeremy is deserving of this special recognition for saving the County countless dollars by being creative and innovative with the resources that he has in developing a user friendly website. Similar programs in other localities would have cost thousands but Frederick County's has been developed and maintained in -house by Jeremy at no additional costs. Jeremy's leadership along with fellow employees and the web committee has benefited the County as a whole. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 24` day of June, 2009, that Jeremy Coulson is hereby recognized as the Frederick County Employee of the Month for April 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Jeremy Coulson for his outstanding performance and dedicated service and wishes his continued success in future endeavors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 1381 approved Ernest B. L. "Bennie" Sargent, Jr. as Employee of the Month for May, 2009. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Ernest B.L. Sargent, Sr. "Bennie" WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Bennie Sargent who serves as Deputy Sheriff for the Frederick County Sheriff's Office was nominated for Employee of the Month; and, WHEREAS, Bennie is deserving of this special recognition for his tireless efforts and his knowledge of courthouse and courtroom security. Bennie is well known for this throughout the Law Enforcement Community as well as his courtesy and professionalism that exemplify the finest tradition of the Sheriff's Office. His dedication to his duty is proven by his outstanding attendance record and his ability to work overtime on a daily basis with no complaint. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 24` day of June, 2009, that Ernest B. L. Sargent, Sr. is hereby recognized as the Frederick County Employee of the Month for May 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Ernest B.L. Sargent, Sr. for his outstanding performance and dedicated service and wishes his continued success in future endeavors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF LORENE CARTER AS GAINESBORO DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed Lorene Carter as Gainesboro District representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 is Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF TAMMY FURR AND DAVID J. BEELER, JR. TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board reappointed Tammy Furr and David J. Beeler, Jr. to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment, said terms to expire July 13, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF JOHN D. GAVITT AND C. ROBERT SOLENBERGER TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed John D. Gavitt and C. Robert Solenberger to the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. Vault/GMAC ($3,709.66); 2. Ford Motor Credit Co. ($3,740.12); 3. D L Peterson Trust ($15,617.63); 4. ARI FLEET LT ($4,644.20); 5. Ryder Truck Rental LT ($9,610.65); and 6. Financial Services Vehicles Trust ($4,429.52). Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund requests. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 1383 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 17, 2009 at 8:00 a.m. Member Charles DeHaven, Jr. was absent. Items 3, 4, 5, 7, 8, 12, and 13 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 1. The AARP Tax Aide Program requests an FY 10 General Fund supplemental appropriation in the amount of $2,100 to continue the program of offering aide to low income citizens. This is a jointly funded program with the City of Winchester. Local funds are required. See attached, p. 1 -3. The committee tabled this item pending investigation of the availability of space in the Judicial Center at no cost. 2. The IT Director requests an FY 09 General Fund budget transfer in the amount of $67,162 from operational contingencies. This amount will fund four county -wide IT initiatives which have been approved by the IT Working Group and IT Steering Committee. An FY 10 General Fund supplemental appropriation is also requested to carry forward the balance of these funds not spent or encumbered in FY 09. See attached, p. 4 -6. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. The Sheriff requests an FY 09 General Fund supplemental appropriation in the amount of $483.71. This amount represents the County's share in a seized asset case. No local funds required. See attached, p. 7 -8. — Approved Under Consent Agenda. 4. The Sheriff requests an FY 09 General Fund supplemental appropriation in the amount of $50. This amount represents a donation received. No local funds required. See attached, p. 9 -10. — Approved Under Consent Agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 �i 5. The Parks & Recreation Department requests an FY 09 General Fund supplemental appropriation in the amount of $6,723. This amount represents a property claim insurance reimbursement. No local funds required. See attached memo, p. 11. — Approved Under Consent Agenda. 6. The Parks & Recreation Director requests an FY 10 General Fund supplemental appropriation in the amount of $68,952. This amount represents proffer funds needed for the completion of the Greenwood Mill Elementary Community Center project. See attached, p. 12- 13. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 7. The Fire & Rescue Chief requests an FY 09 General Fund supplemental appropriation in the amount of $7,600 and an FY 10 General Fund supplemental appropriation in the amount of $2,500. This represents reimbursement of personnel expenses for haz -mat training. No local funds required. See attached, p. 14 -22. — Approved Under Consent Agenda. 8. The Fire & Rescue Chief requests an FY 09 General Fund supplemental appropriation in the amount of $3,701.61. This amount represents funds received from the Newton B. Shingleton Trust for disbursement to fire companies in Frederick County. No local funds required. See attached, p. 23 -27. — Approved Under Consent Agenda. 9. The Public Safety Communications Director requests an FY 10 General Fund supplemental appropriation in the amount of $266,700. This amount represents two grants awarded by the VA Wireless E -911 Services Board: $54,100 for the purchase of a voice recorder and logging system and $212,600 for a regional pictometry project for which Frederick County serves as fiscal agent. No local funds required. See attached, p. 28 -32. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 10. The NRADC Superintendent requires an FY 10 Jail Fund supplemental appropriation in the amount of $9,513. This amount represents a carry forward of unused FY09 monies which will fund the Governor's Reduction to Aid to Localities of the Pre -Trial Grant program. See attached, p. 33. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 385 Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 11. The Assistant Commonwealth's Attorney requests an FY 10 General Fund supplemental appropriation in the amount of $65,764 for a Domestic Violence Prosecutor and subject to grant approval. No local funds required. See attached, p. 34 -63. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 12. The Commonwealth's Attorney's Office requests an FY 09 General Fund supplemental appropriation in the amount of $1,787.44. This amount represents forfeited asset funds received. No local funds required. See attached, P. 64 -65. — Approved Under Consent Agenda. 13. The Finance Director requests an FY 10 General Fund supplemental appropriation in the amount of $416,040. This amount represents funds held in trust for the construction of a community workforce center. The request for these funds was approved by the Board of Supervisors on September 28, 2005. See attached, p. 66 -79. — Approved Under Consent Agenda. 14. The Finance Director requests dialogue with the committee on changes to financial information provided to the committee. The committee recommends continuation of distribution of monthly financial statements and a detailed explanation of the contents at a future committee meeting. No action is required. 15. A representative from Robinson, Farmer, Cox Associates will discuss the upcoming audit and receive direction from the committee. Staff will excuse themselves from the meeting for these conversations. The committee recommends authorizing the Chairman of the Finance Committee to sign the engagement letter. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model — Oversight Committee (DIM -OC) met on Monday, June 15, 2009 at 9:00 AM. Members Present Josh Phelps J.P. Carr Gary Lofton Stephen Pettler Members Absent Paige Manuel Roger Thomas Stuart Wolk Gary Dove Al Orndorff, Wayne Lee, Kris Tierney, and Eric Lawrence were present. Drew Houff was present on behalf of the Winchester Star. ** *Item Requiring Action * ** Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 WP i• The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model. The inputs are essentially in order to maintain an updated DIM. It is also important to note that the DIM is a planning tool which projects anticipated capital facility costs associated with land development and rezoning proposals. The DIM -OC recommends the use of the critical inputs, and for their incorporation into model. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of future rezoning petitions. The critical input spreadsheet (Attachment 41) and resulting projected capital facilities' costs (Attachment 42) are attached for your information. Chairman Shickle asked about the information that decreased from last year. Planning Director Eric Lawrence advised the model received better information from the school system's files versus the assessment records. He advised this was the most accurate information we have seen. Chairman Shickle asked about the values for trails, tennis courts, and soccer fields. Director Lawrence responded that staff could provide that information in an update memo. He then reviewed the impact values. He advised single family and town house impact values declines, while apartment values increased. Chairman Shickle asked that any motion made to approve this model include a provision to allow Director Lawrence to clarify numbers where necessary. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the DIM -OC's recommendation with Director Lawrence to confirm the values. Supervisor Lofton stated he was comfortable the model reflected costs. Supervisor Dove stated the biggest figure in the impact cost was schools. There being no further discussion, the motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Informational Purposes Only * ** In preparation for next year's annual review of the Critical Inputs, the DIM -OC will seek further clarification on a number of areas of the model: from TischlerBise (economic consultant who created the model) as to whether the model properly accounts for the residential real estate taxes paid when calculating a project's capital facility impacts; establish parkland values based on the assessed value of parcels 20 acres or larger located in the UDA; seek clarification as to whether bonded projects are adequately credited for taxes paid; and confirm understanding regarding the Growth Related Percentages and their genesis. The DIM -OC did not feel that this information was necessary for this year's model update, but they did seek the information to aid in their annual review and understanding for the future. Please contact staff should you have questions. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 387 PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE IX, ASSESSMENT FOR LAW LIBRARY; SECTION 155 -39, ASSESSMENT IMPOSED; AND ARTICLE XX, ASSESSMENT FOR COURTHOUSE ASSESSMENT IMPOSED AND THE ADDITION OF SECTION 155- 131.1, SUPPLEMENTAL ASSESSMENT IMPOSED. THE PROPOSED AMENDMENTS WILL REFLECT LEGISLATION ENACTED BY THE 2009 GENERAL ASSEMBLY SESSION PERMITTING LOCALITIES TO INCREASE CERTAIN COURT FEES COLLECTED FOR FUNDING LAW LIBRARIES AND COURTHOUSE CONSTRUCTION, RENOVATION AND MAINTENANCE. - APPROVED Administrator Riley advised this was an ordinance to amend Frederick County Code Chapter 155, Articles IX and XX, per enabling legislation. The proposed amendment would allow the county to raise the assessment for the law library from $2 to $4. In addition, the county can raise the courthouse assessment fee for construction, renovation, and maintenance for security purposes by $3 pending certification by the Commonwealth. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board approved the ordinance to amend the Frederick County Code, Chapter 155, Taxation; Article IX Assessment for Law Library; Section 155 -39, Assessment Imposed; and Article XX, Assessment for Courthouse Construction Imposed and the addition of Section 155- 131.1, Supplemental Assessment Imposed. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155 -39 (Assessment imposed) of Article IX (Assessment for Law Library) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155 -39 (Assessment imposed) of Article IX (Assessment for Law Library) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, that Section 155 -131 (Assessment imposed) of Article XX (Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended 155 -131 (Assessment imposed) of Article XX (Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, and that Article XX (Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, further amended by enacting a new Section 155 -131.1 (Supplemental assessment imposed) of Article XX (Assessment for Courthouse Construction, Renovation and Maintenance) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect on July 1, 2009 (deletions are shown in bold stAkethrough and additions are shown in bold underline) CHAPTER 155, Taxation ARTICLE IX, Assessment for Law Library § 155 -39. Assessment imposed. Pursuant to the authority granted by § 42.1 -70 of the Code of Virginia J19501, as amended, there Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 ii is hereby assessed the sum of $2 $4 as part of the costs incident to each civil action filed in the courts of the County. This assessment shall be in addition to all other costs prescribed by law. CHAPTER 155, Taxation ARTICLE XX, Assessment for Courthouse Construction, Renovation and Maintenance § 155 -131. Assessment imposed. In accordance with § 141 '�2 17.1- 281(A) Code of Virginia (1950), as amended, there is imposed an assessment of $2 upon each civil, criminal and traffic action filed in the Circuit or District Courts of the County. The assessment provided shall be in addition to all other costs prescribed by law. § 155-131.1 Supplemental assessment imposed. In accordance with 4 17.1-281(C), Code of Virginia (1950), as amende provided that the County has received from the Virginia Department of General Services certification that the Winchester Frederick Joint Judicial Center is not in compliance with the current safety and security guidelines contained in the Virginia Courthouse Facility G uidelines, and that the Winchester Frederick Joint Judicial Center cannot be feasibly ren ovated to c orrect such non-compliance, as to all cases commenced during such time as that c ertification remains valid, there is imposed a supplemental assessment of $3 upon eac civil, cri minal and traffic action filed in the Circuit or District Courts of the County. Suc supplemental assessment under this section shall not be assessed in any civil action i the a mount in controversy is $500 or less The supplemental assessment provided shall b in addit to all other costs prescribed by law. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XVIII, SPECIAL LICENSE PROVISIONS, TO AMEND SECTION 155 -96, BUSINESS LICENSE FEE AND TAX. THE PROPOSED AMENDMENTS WILL BRING THE TEXT OF THE FREDERICK COUNTY CODE INTO COMPLIANCE WITH THE STATE CODE IN ADDITION, THE PROPOSED AMENDMENT WOULD CREATE A NEW SECTION 155 -96 (C) TO CLARIFY THOSE ACTIVITIES THAT ARE SUBJECT TO FLAT RATE ASSESSMENTS, IRRESPECTIVE OF GROSS RECEIPT AMOUNTS. — APPROVED Administrator Riley advised this was an amendment to Chapter 155, Special License Provisions to bring the County Code into compliance with the State Code with regard to transient photographers and activities subject to certain flat rate assessments, irrespective of gross receipts amounts. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Vice - Chairman Ewing, the Board Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 M approved the ordinance to amend the Frederick County Code, Chapter 155, Taxation; Article XVIII, Special License Provisions. The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155 -96 of Article XVIII (Special License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155 -96 of Article XVIII (Special License Provisions) of Chapter 155 (Taxation), to read as follows and to take effect immediately (deletions are shown in bold-striletreugh and additions are shown in bold underline) CHAPTER 155 ARTICLE XVIII Special License Provisions § 155 -96. License fee and tax. A. Unless otherwise provided in this section, e Rvery person or business subject to licensure under this article shall be assessed and required to pay annually a fee for the issuance of such license as follows: (1) Gross receipts of $ 4,000 to $14,999.99 will owe a fee of $30. (2) Gross receipts of $15,000 to $99,999.99 will owe a fee of $50. B. Instead of the license fee specified in sSubsection A above,, and except as may be otherwise provided in this section or in §§ 58.1 -3712, 58.1- 3712.1 and 58.1 -3713, Code of Virginia, every such person or business subject to licensure under this article with annual gross receipts of $100,000 or more shall be assessed and required to pay annually a license tax on all the gross receipts of such persons includable as provided in this article at a rate set forth below for the class of enterprise listed: (1) For contractors and persons constructing for their own account for sale, $0.16 per $100 of gross receipts. (2) For retailers and retail sellers, and including operators of coin - operated machines or devices, which includes direct sellers as defined in the Code of Virginia, $0.20 per $100 of gross receipts. (3) For financial, real estate and professional services, $0.58 per $100 of gross receipts. (4) For repair, personal and business services and all other businesses and occupations not specifically listed or exempted in this article or otherwise by law, $0.36 per $100 of gross receipts. (5) For wholesalers and wholesale merchants, $0.05 per $100 of purchases (see § 58.1 -3716, Code of Virginia, for limitations). C. Instead of the license fees specified in subsections A and B above, every other such person or business subiect to licensure under this article shall be assessed and required to pay a license tax as set forth below for the class of enterprise listed: (6) (1) For carnivals, circuses and speedways, $500 for each performance held in this jurisdiction (see § 58.1 -3728, Code of Virginia, for limitations). (7) (2) For fortune tellers, clairvoyants and practitioners of palmistry, $1,000 per year, and is nonproratable and nontransferable. (-8) (3) For massage parlors, $200 per year, and must meet the requirements of Chapter 112 of the Frederick County Code, and is nonproratable and nontransferable. (9) (4) For itinerant merchants or peddlers, $500 per year (see limitation § 58.1 -3717, Code of Virginia). This license is nonproratable and nontransferable. For limitations for dealers in fireworks or explosives, see sSubsection R below. Detailed explanation of itinerant and distressed vendors is found later in this article. (a) Each person dealing in the sale of fireworks or explosives and who sets up a temporary location must first comply with the Fire Marshal and the Zoning Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 390 Administrator's office and because of the nature of the merchandise shall be issued an itinerant merchants license for a period of not more than 30 days, nonproratable. (b) No persons shall be exempt from the payment of the license tax imposed by this section by reason of associating temporarily with any local merchant, dealer or trader or by reason of conducting such business in the name of any local merchant, dealer, trader or auctioneer. {}� J�j For photographers, X90 - $30 p er year, if without regularly established places of business in this Clew er—state, of tr-ansien4 in , "' as limited under § 58.1- 3727, Code of Virginia. (M (6) For permanent coliseums, arenas or auditoriums having a maximum capacity in excess of 10,000 persons, open to the public, $1,000 per year. (1 (7) For savings and loan associations and credit unions, $44W p er year only if the main office is located within this County. (} (8) For direct sellers as defined in § 58.1- 3719.1, Code of Virginia, with total annual sales in excess of $4,000, $0.20 per $100 of total annual retail sales or $0.05 per $100 of total annual wholesale sales, whichever is applicable. (14) (9) For sale of alcoholic beverages: (a) Every person who shall engage in the business of manufacturing, bottling, wholesaling or retailing alcoholic beverages shall obtain a license therefor and shall pay therefor the license tax hereinafter provided. [1] Distiller's license. For each distiller's license, the license tax shall be $500 per annum, provided that no license shall be required of any distiller manufacturing not more than 5,000 gallons of alcohol or spirits, or both, during such license year. [2] Winery license. For every winery license, the license tax shall be $500 per annum, provided that no license shall be required of any winery manufacturing not more than 5,000 gallons of wine during such license year. [3] Brewery license. For each brewery license, the license tax shall be $500 per annum. [4] Bottler's license. For each bottler's license, the license tax shall be $150 per annum. [5] Wholesale beer and wine license. For each wholesale beer license, the license tax shall be $200 per annum. [6] Retail on- premises wine and beer license. For each retail on- premises wine and beer license, the license tax shall be $20 per annum. [7] Retail off - premises wine and beer license. For each retail off - premises wine and beer license, the license tax shall be $20 per annum. (b) For each mixed beverage license for restaurants, including restaurants located on premises of and operated by hotels and motels, the license tax shall be: [1] One hundred dollars per annum for each restaurant with a seating capacity at tables for 50 to 100 persons. [2] One hundred fifty dollars per annum for each restaurant with a seating capacity at tables for more than 100 but not more than 150 persons. [3] Two hundred dollars per annum for each restaurant with a seating capacity at tables for more than 150 persons. [4] Two hundred dollars per annum for each private, nonprofit club operating a restaurant on the premises of such club. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 39) (c) The aforesaid license shall be as respectively defined by the Act of the General Assembly, known as the "Alcoholic Beverage Control Act," and the terms "alcoholic beverages," "alcohol," "spirits" and "wine," wherever used in this article, shall reflect the meanings respectively ascribed to them by such Act. (d) No license shall be issued under this section to any person unless such person shall hold or secure simultaneously therewith the proper state license required by the Alcoholic Beverage Control Act, which state license shall be exhibited to the Commissioner of the Revenue, and all dining rooms, restaurants, lunchrooms and clubrooms wherein the beverages herein defined are sold for consumption on the premises shall at all times be open to inspection by the State Police and the police or Sheriffs authorities of this County; provided, further, that all storerooms or other buildings from which deliveries are made, either at wholesale or retail, whether they are bottlers, wholesalers or retailers, shall at all times be open to inspection by State Police and police or Sheriffs authorities of the County. Any violation of the terms of this provision shall be sufficient grounds for the revocation of the license issued in accordance with this section. (e) No alcoholic beverage license shall be prorated or transferable. (f) This tax shall be in addition to applicable license taxes based on gross receipts or gross purchases. In imposing retail merchant license taxes measured by gross receipts, the term "gross receipts" shall be construed to include receipts from the sale of alcoholic beverage by persons licensed under this section. In computing gross receipts, alcoholic beverages shall be included in the base for measuring such license taxes the same as if the alcoholic beverages were nonalcoholic. No alcoholic beverage license levied under this section shall be construed as exempting any license from any merchant license tax, and such merchant license tax shall be in addition to the alcoholic beverage taxes levied under this section. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #02 -09 OF THE BISHOP -AMARI PROPERTY, SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 2.77 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USES. THIS PROPERTY IS LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF MARTINSBURG PIKE (ROUTE 11) AND OLD CHARLES TOWN ROAD (ROUTE 761), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 44 -A -43 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. The property is located in the Stonewall Magisterial District, the Sewer and Water Service Area, and is guided by the Northeastern Land Use Plan. He went on to say the proposed land use was consistent with the land use plan. He advised the Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 392 generalized development plan dated June 2, 2009 addressed the Planning Commission's concerns. The Planning Commission recommended the applicant work with the adjacent property owner for a shared entrance. The applicant proffered improvements to Route 11 North and Old Charles Town Road. The applicant proffered a monetary contribution to offset transportation improvements in the amount of $25,000, but the contribution would increase to $50,000 if a gas station is allowed on site. He concluded by saying many of the impacts appear to have been addressed. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He stated this application achieved three things: good site design; mitigation of developmentally sensitive areas; and transportation. The applicant proffered buildings along Old Charles Town Road with parking behind. In addition, the applicant proffered a plaza area with an historic kiosk sign. If a gas station is constructed on the site then the canopy and pumps will be placed behind the building. He explained the generalized development plan was more of a transportation plan and the applicant would be implementing portions of the county's Eastern Road Plan. He clarified the monetary contribution by saying the applicant would proffer $25,000, but it could increase to $50,000 depending on the traffic generation. If the use on the site generates over 2,000 trips per day then the contribution would increase to $50,000. Mr. Wyatt went on to say the monetary contribution was also available to implement corridor improvements. Supervisor DeHaven cited the inter - parcel connection in proffer 5 on page 4. He wanted to know if this was a reciprocal easement agreement. Mr. Wyatt responded the applicant provided for the inter - parcel connector, but he would be happy to add language to the proffer as an addendum. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor DeHaven thanked the applicant and Greenway Engineering for making this application a win -win. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved Rezoning #02 -09 with the change to the proffer language concerning the reciprocal easement agreement and the realignment of the entrance on Old Charles Town Road, per the Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 393 June 2, 2009 generalized development plan. WHEREAS, Rezoning #02 -09 of the Bishop -Amari Property, submitted by Greenway Engineering, to rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Uses, was considered. The property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761), in the Stonewall Magisterial District, and is identified by Property Identification Number 44 -A -43. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 15, 2009 and a public meeting on May 20, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 24, 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 rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District for Commercial Uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS MEMORANDUM FROM THE CONSERVATION EASEMENT AUTHORITY — SNAPP EASEMENT — AUTHORIZED EXECUTION OF MEMORANDUM OF UNDERSTANDING AND DEED OF EASEMENT AND APPROPRIATED FUNDS FOR PROPERTY ACQUISITION Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff was seeking the Board's endorsement to secure an 89 acre easement. The property is located on Cedar Creek in the Back Creek Magisterial District. Mr. Lawrence went on to say staff was seeking three actions from the Board of Supervisors: 1. Authorization to execute a Memorandum of Understanding (MOU) between the Conservation Easement Authority and the Potomac Conservancy; 2. Authorization to execute the Deed of Easement for the Snapp property; and 3. Appropriation of $395,000 for the acquisition of the conservation easement. Director Lawrence noted this acquisition was being accomplished with federal and state grants instead of local dollars. The County will co -hold the easement with the Potomac Conservancy. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 394 He went on to say the Authority would not be responsible for payment of the stewardship fee for this property. Vice - Chairman Ewing asked if the County was assured they would be getting reimbursed from the grants. Director Lawrence responded yes. Chairman Shickle commended all of those who worked so hard on this project. The Board considered each of the requested actions separately. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board authorized the execution of the Memorandum of Understanding (MOU) between the Conservation Easement Authority and the Potomac Conservancy. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board authorized the execution of the Deed of Easement for the Snapp property. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board appropriated $395,000 for the acquisition of the conservation easement, with funds to come from Fund Balance, and be carried forward into FY 2010 in order to be reimbursed by state and federal agencies. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 395 MEMORANDUM REQUESTING A JOINT WORK SESSION RE: CPPA — SCHEDULED WORK SESSION FOR JULY 27, 2009 AT 12:00 P.M. The Board scheduled a joint work session with the Planning Commission to review this year's Comprehensive Policy Plan Amendments for July 27, 2009 at 12:00 p.m. DISCUSSION — ORDINANCE AMENDMENT — OUTDOOR LIGHTING — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #072 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She reviewed the revisions since the Board's last discussion of this proposal, which included: Lighting in the Rural Areas /residential security lighting; Directional fixtures; General outdoor lighting; Outdoor lighting standards for nonresidential uses; Recreational facilities; Exemptions; and Conditional use permits. The proposed amendment to add outdoor lighting standards to the Zoning Ordinance, which would place maximums on lighting levels, no minimum lighting levels, and conform with IESNA standards. Chairman Shickle asked if there were any major changes. Senior Planner Perkins responded the only big change had to do with the recommended standards. Supervisor DeHaven asked if item D 2 covered all potentials and if there were similar wording in other areas. Senior Planner Perkins noted there was a glare and nuisance provision. Supervisor DeHaven stated the language in D2 clearly addressed his concerns. Chairman Shickle stated that staff could review the ordinance and substitute similar language where appropriate, for conformity. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board sent this proposed amendment forward for public hearing with staff to review for consistency of language. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, and Article XXII, Definitions, pertaining to proposed outdoor lighting standards and corresponding definitions. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 396 WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on August 28, 2008 and May 20, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on October 15, 2008 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission to hold a public hearing regarding amendments to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, and Article XXII, Definitions, pertaining to proposed outdoor lighting standards and corresponding definitions. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, and Article XXII, Definitions, pertaining to proposed outdoor lighting standards and corresponding definitions. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — LANDSCAPING REQUIREMENTS IN THE RA DISTRICT (STREET TREES) — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #073 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to remove the landscaping requirements in the Rural Areas Zoning District. Under the proposed amendment, major rural subdivisions and rural preservations subdivisions would not be required to provide landscaping. The Planning Commission agreed with the proposed changes and forwarded this item to the Board for discussion. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board sent this proposed amendment forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — for an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservations subdivisions. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning — for Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 397 an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservation subdivisions. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick Count Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning — for an amendment to remove the landscaping requirements as applied to major rural subdivisions and rural preservation subdivisions. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — BUFFER REOUIREMENTS — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #074 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to amend multiple sections of the Frederick County Zoning Ordinance §165 -37. This section of the ordinance regulates the width and content of zoning district buffers as well as where they are required and when they can be waived and modified. Various issues have arisen regarding the buffer and screening requirements contained within this section of the ordinance; specifically, concerns regarding the content of the landscape screening element and the ability for buffer modifications have been expressed. The proposed amendments would affect the following sections: - §165-37 B. Screening, Landscape screening; - § 165 -37 D. Zoning District Buffers — B2 /B3; - § 165 -37 D. Zoning District Buffers — Waivers; and - Other minor revisions to the new OM (Office Manufacturing Park) District in § 165- 37. The Development Review and Regulations Committee and the Planning Commission reviewed this proposal and sent it forward to the Board of Supervisors for discussion. Supervisor DeHaven stated he did not see a need to go from 4 -feet to 6 -feet in height. He went on to say a 2" caliper tree holds up better under pressure. He stated the increased tree sizes would cost the developer more money. He concluded by saying he would recommend keeping tree size at 2" caliper and 4 -feet in height. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board sent this item forward for public hearing with the height change from 6 -feet to 4 -feet. Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — pertaining to the revision of buffer and screening requirements. WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and screening requirements. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, pertaining to the revision to buffer and screening requirements. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — ADDITION OF SIC 208 (BEVERAGES) TO THE M DISTRICT — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTIO #075 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the County received a request to add Standard Industrial Classification (SIC) 208 to the permitted uses in the M1 (Light Industrial) Zoning District. She noted SIC 208 includes the following uses: - Malt Beverages (SIC 2082) - Malt (SIC 2083) - Wines, Brandy, and Brandy Spirits (SIC 2084) - Distilled and Blended Liquors (SIC 2085) - Bottled and Canned Soft Drinks and Carbonated Waters (SIC 2086) - Flavoring Extracts and Flavoring Syrups (SIC 2087) She went on to say the MI District currently only allows SIC 2086 and 2087 as permitted uses, and SIC 208 in it's entirety, is only permitted in the M2 (Industrial General) District. The Planning Commission requested that SIC 2082 and 2083 be excluded. Chairman Shickle stated he would like to get comments from the Economic Development Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 Commission regarding facilities they have visited. Supervisor Fisher moved to send this item, as recommended, forward for public hearing and to seek additional input from the Economic Development Commission. The motion was seconded by Supervisor DeHaven. County Attorney Roderick Williams advised that it would be easier to include all of SIC 208 and eliminate any uses prior to adoption, rather than advertise the recommendations and then try to add other SIC 208 uses. Based upon this information, Supervisor Fisher withdrew his motion and Supervisor DeHaven withdrew his second. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board sent the beverage 208 SIC code forward for public hearing with staff to gather input from the Economic Development Commission and other scientific information. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — for provisions to add Beverages (SIC 208) as a Permitted Use in the M1 (Light Industrial) District. WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning — for provisions to add Beverages (SIC 208) as a Permitted Use in the M1 (Light Industrial) 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 Beverage (SIC 208) as a Permitted Use in the M1 (Light Industrial) District. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Dove advised at the last Economic Development Commission meeting members were informed the City of Winchester would not participate in funding, which resulted in a $72,000 shortfall this year. He went on to say the Commission would continue as normal Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09 400 until January 2010 at which time city participation would be revisited. Chairman Shickle informed the Board that he met with City Council President Jeff Buettner, who confirmed Council's desire to meet with the Board. The suggested dates were either the second or third Tuesday in July. CITIZEN COMMENTS Rebecca Brasher, Frederick County Equine Network, presented the Board with a copy of their service directory. She informed the Board that the "horse people" are a growing force in Frederick County. She noted the equine business accounts for $3 million in economic activity. She concluded by inviting the Board to join her group for a legislative hayride on September 12, 2009 at 2:00 p.m. at Wagon Wheel Ranch. 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. (8:47 P.M.) Richard C. Shickle 91001 R. Riley, Ji . Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: Jay . T' s Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 06/24/09