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January 13 2010 Regular Meeting270 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 13, 2010, 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; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Don Denhartog, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2010 ELECTION OF VICE - CHAIRMAN — BILL M. EWING ELECTED Supervisor Dove nominated Supervisor Ewing for the office of Vice - Chairman. Supervisor DeHaven moved that the nominations be closed and Supervisor Ewing be elected to the office of Vice - Chairman. The motion was seconded by Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Abstain Gene E. Fisher Aye Gary A. Lofton Aye ADOPTION OF RULES OF PROCEDURE — APPROVED Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 271 SELECTION OF A PARLIAMENTARIAN - JOHN R. RILEY, JR. ELECTED Supervisor Dove nominated County Administrator John R. Riley, Jr. to serve as Parliamentarian. Vice - Chairman Ewing moved that the nominations be closed and County Administrator John R. Riley, Jr. be elected parliamentarian. The motion was seconded by Supervisor DeHaven. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS - APPROVED Supervisor Fisher moved that the second and fourth Wednesdays of each month, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2010. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Dove. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye CHAIRMAN'S BOARD /COMMITTEE ASSIGNMENTS Chairman Shickle offered the following 2010 committee assignments for the Board's consideration: Richard C. Shickle Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Northwestern Regional Jail Board alternate. Bill M. Ewing Finance Committee Chairman; Human Resources Committee; Joint Finance Committee; Regional Jail Board; Handley Regional Library liaison. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 272 Gary W. Dove Public Safety Committee Chairman; Public Works Committee; Economic Development Commission; Air Quality Task Force; ShenAir; Industrial Development Authority; Landfill Oversight Committee. Gary A. Lofton Code & Ordinance Committee Chairman; Human Resources Committee Chairman; Transportation Committee; Social Services Board liaison; Agriculture District Advisory Committee; Extension Leadership Council. Gene E. Fisher Public Works Committee Chairman; Public Safety Committee; Airport Authority; Conservation Easement Authority; Frederick - Winchester Service Authority; Water Resources Advisory Committee; Sanitation Authority liaison. Charles S. DeHaven, Jr. Transportation Committee Chairman; Finance Committee; Northern Shenandoah Valley Regional Commission; Juvenile Detention Center Board; Northwestern Regional Adult Detention Center Board. Christopher E. Collins Code & Ordinance Committee; Public Works Committee; Parks & Recreation Commission liaison; Planning Commission liaison; Winchester- Frederick County Convention and Visitors' Bureau Board. Code and Ordinance Committee Gary A. Lofton Christopher E. Collins Stephen G. Butler Finance Committee Bill M. Ewing Charles S. DeHaven, Jr. Richard C. Shickle Richie Wilkins Ronald E. Hottle Stephen E. Swiger C. William Orndoff, Jr., Treasurer, Non - Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non - Voting Liaison Human Resources Committee Gary A. Lofton Bill M. Ewing Philip C. G. Farley Public Safety Committee Gary W. Dove Gene E. Fisher Timothy E. Price Michael D. Hockman Robert T. Williamson, Sheriff Tim Welsh, Fire and Rescue Chief John R. Riley, Jr., County Administrator Roderick "Rod" Williams, County Attorney Glenn R. Williamson, Commonwealth's Attorney Brenda L. Vance, Winc -Fred General District Court, Liaison Minute Book Number 35 Board of Supervisors Regular Meeting of 01 /13 /10 273 Ann B. Lloyd, Winc -Fred Juvenile & Domestic Relations Court, Liaison Public Works Committee Gene E. Fisher Gary W. Dove Christopher E. Collins George H. Ludwig James T. Wilson Whitney "Whit" L. Wagner Robert W. Wells Transportation Committee Charles S. DeHaven, Jr. Gary A. Lofton James M. Racey, II David J. Burleson, Jr. George L. Kriz, Planning Commission Liaison Lewis A. Boyer, Town of Stephens City Liaison Mark Davis, Town of Middletown Liaison Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the committee assignments for 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye ADOPTION OF AGENDA - APPROVED County Administrator Riley advised there were no changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher 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 Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 274 Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the November 18, 2009 meeting. Supervisor DeHaven noted a typographical error on page 34. He advised the minutes stated the current owner, but they should read previous owner. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the minutes from the December 9, 2009 meeting. Supervisor Fisher noted a typographical error on page 7. He advised the minutes listed him as Vice - Chairman Fisher, but it should read Supervisor Fisher. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF STAN CROCKETT TO FILL THE UNEXPIRED TERM OF RICHARD RUCKMAN AS STONEWALL DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board appointed Stan Crockett to fill the unexpired term of Richard Ruckman as Stonewall District representative to the Planning Commission, said term to expire February 12, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 275 REAPPOINTMENT OF EDWARD J. KEENAN AS SHAWNEE DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed Edward J. Keenan as Shawnee District representative to the Extension Leadership Council. This is a four year appointment, said term to expire January 25, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF BEVERLEY B. SHOEMAKER AS OPEOUON DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board reappointed Beverley B. Shoemaker as Opequon District Representative to the Industrial Development Authority. This is a four year appointment, said term to expire January 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF BECKY MILLER AND RUTH BODEN AS MEMBERS - AT -LARGE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board reappointed Becky Miller and Ruth Boden as members -at -large to the Extension Leadership Council. This is a four year appointment, said term to expire February 23, 2014 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Minute Book Number 35 Board of Supervisors Regular Meeting of 01113110 276 Administrator Riley advised the Commissioner of the Revenue requests refunds for the following: - Rappahannock National Bank in the amount of $8,854.00 for apportionment of the City of Winchester's share of bank franchise tax; and - S Leasing Company in the amount of $2,716.87 for prorated vehicles for 2009. The county attorney has reviewed the request and indicated the refunds appear to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund to Rappahannock National Bank. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the refund to S Leasing Company. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM ECONOMIC DEVELOPMENT COMMISSION DIRECTOR FOR SUPPLEMENTAL APPROPRIATION FOR PROJET AIRCRAFT. (ACTION POSTPONED FROM NOVEMBER 18, 2009 BOARD MEETING.) — POSTPONED FOR 30 DAYS Administrator Riley advised this was a request from the EDC Director for a General Fund supplemental appropriation in the amount of $80,000 for final payment of the ProJet Aircraft MOU. This item was part of the Finance Committee report included in the Board's November 18, 2009 agenda. The Board received a request from ProJet to postpone action on this request until their representatives had an opportunity to meet with Frederick County representatives to discuss their operations at Winchester Regional Airport. The Board subsequently granted the request and postponed this item until its January 13, 2010 meeting. He concluded by saying the request was back before the Board for action. Supervisor Fisher advised discussions were still taking place with the company. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 277 Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board postponed action on this request for 30 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PERFORMANCE AGREEMENT FOR FISHER SCIENTIFIC COMPANY, LLC AND RESOLUTION FOR APPROPRIATION OF FUNDS — (RESOLUTION #044- 10 & #045 -10) - APPROVED Administrator Riley advised staff was seeking Board approval of a resolution approving the Governor's Development Opportunity Fund Local Economic Development Incentive Grant Performance Agreement for Fisher Scientific Company, LLC, as well as approval of a resolution appropriating funds to assist in the expansion of the manufacturing operation of Fisher Scientific Company, LLC. Approval would facilitate an $8.9 million expansion of Thermo Fisher Scientific's Middletown facility, which will add 50,000 square feet to the existing facility, along with the creation of 50 new jobs with an average salary of $36,000 /year. Chairman Shickle referred the Board to the second paragraph in section 1 and asked if a date was missing. County Attorney Roderick Williams advised the date should read February 28, 2010. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the Performance Agreement with the addition of the date, February 28, 2010, to the second paragraph under Section 1. RESOLUTION ( #044 -10) APPROVING GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND LOCAL ECONOMIC DEVELOPMENT INCENTIVE GRANT PERFORMANCE AGREEMENT FOR FISHER SCIENTIFIC COMPANY, LLC WHEREAS, Fisher Scientific Company, LLC, has made known its intent to expand a manufacturing operation by making new taxable real estate and machinery and tools investments and new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the Governor's Development Opportunity Fund Local Economic Development Incentive Grant Performance Agreement between the Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 278 County of Frederick, Virginia, Fisher Scientific Company, LLC, and the Industrial Development Authority of Frederick County. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED this 13" day of January, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Nay Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the resolution approving the Governor's Development Opportunity Fund Local Economic Development Incentive Grant Performance Agreement for Fisher Scientific Company, LLC, and the resolution appropriating funds. RESOLUTION ( #045 -10) APPROPRIATING FUNDS TO ASSIST THE EXPANSION OF THE MANUFACTURING OPERATION OF FISHER SCIENTIFIC COMPANY, LLC WHEREAS, Fisher Scientific Company, LLC, has made known its intent to expand a manufacturing operation by making new taxable real estate and machinery and tools investments and new jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby approve and appropriate the payment of $90,000.00 to the Industrial Development Authority of Frederick County, Virginia, from the Frederick County's Unreserved Fund Balance to assist the expansion of a manufacturing operation for Fisher Scientific Company in Frederick County, Virginia; and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does approve and appropriate the payment of $90,000.00 to the Industrial Development Authority of Frederick County, Virginia, from the Governor's Opportunity Fund to assist the expansion of a manufacturing operation for Fisher Scientific Company in Frederick County, Virginia; and BE IT FURTHER RESOLVED, that appropriation of said funds are subject to an executed Performance Agreement outlining the required performance criteria. ADOPTED this 13" day of January, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 279 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Nay COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works and Green Advisory Committee met on Tuesday, December 29, 2009 at 8:00 a.m. All members were present. The following items were discussed: ** *Items Requiring Action * ** 1. Donation from Elizabeth C. Clark Foundation to the Animal Shelter The committee endorsed a request from staff to publicly acknowledge a generous $50,000 donation from the Elizabeth C. Clark Foundation to the Frederick County Animal Shelter. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved preparing a resolution of appreciation for the Elizabeth C. Clark Foundation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Lake Holiday Sanitary District The committee reviewed a memorandum dated December 18, 2009, and submitted by Assistant County Administrator Kris Tierney, highlighting the creation of a sanitary district at Lake Holiday. Basically, the sanitary district was established for the sole purpose of upgrading the Lake Holiday dam's spillway to meet current Department of Conservation and Recreation requirements. After discussing this issue at length, the committee unanimously endorsed a request to establish a working committee to coordinate the design, construction, and financing of the spillway project. The committee would consist of three (3) representatives of the Lake Holiday Country Club (LHCC) and three (3) county representatives: Kris Tierney, Gary Dove, and Ed Strawsnyder. The committee further endorsed the course of action and anticipated timeline presented in "Attachment A" included with Attachment 2. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the establishment of the working committee and endorsed the course of action and anticipated timeline. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 280 3. EECBG Grant Funding Resolution ( #046 -10) Mr. Dove moved to recommend the EECBG grant resolution for adoption by the Board of Supervisors, seconded by Mr. Ludwig, carried unanimously. The EECBG resolution indicates the Board of Supervisors' support of four (4) grant submissions made by staff for EECBG funds. The resolution is an eligibility requirement for EECBG grant application candidates. The bulk of indicated `match obligation' is in kind support. (Attachment 8) Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the resolution in support of State funding for energy efficiency and conservation proj ects. WHEREAS, Frederick County has begun taking measures to increase energy efficiency and conservation of resources which are vital to County operations and improving quality of life for our citizens; and WHEREAS, energy efficiency and resource conservation is a priority for both the Commonwealth of Virginia and the County of Frederick, Virginia; and WHEREAS, in pursuit of these goals the County has submitted applications for grant funding to the Virginia Department of Mines Minerals and Energy through the Energy Efficiency and Conservation Block Grant program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby endorses the listed applications and will accept grant funding if awarded. Building Energy Management Systems: $82,571. Energy management systems for the County Administration Building and Old Courthouse. County matching obligation: $2,730 (in associated Labor & Materials). 2. Sherando Park South Ball Field Light Retrofit: $625,000. Replacing ball field lights with energy efficient lighting. County matching obligation: $0. 3. Frederick County Convenience Site — Gainesboro: $281,095 Construct and equip a refuse and recycling facility on state -owned property. County matching obligation: $55,318. 4. Frederick County Community Recycling: $22,905 Environmental education to include elementary school assemblies, business waste reduction/recycling guide and other outreach efforts. County matching obligation: $10,228. Adopted this 13 day of January, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Closed Session Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 281 A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A, (3), to discuss the disposition of real estate. After reconvening and unanimously certifying that only issues pertaining to the real estate in question were discussed in closed session, the committee unanimously recommended that staff continue to maintain the property located at 161 Back Creek Road until such time that a reasonable bid can be solicited through approved methods. 2. Bid Results to Replace Compressor and /or Chiller Unit at Bowman Library The committee reviewed the bid results for the replacement of an existing compressor and/or the replacement of the entire chiller unit. Based on this review, the committee unanimously recommended that the county accept the bid from Southern Air in the amount of $82,881 for the replacement of the entire chiller unit. This recommendation with the attached bid results will be submitted to the finance committee for their consideration and action. (Attachment 3) 3. Update on New Stormwater Regulations The Virginia Soil and Water Conservation Board approved the new stormwater regulations on December 8, 2009. After a designated comment period, the regulations will become effective on July I, 2010. Frederick County will have 21 months from that date to develop a comprehensive stormwater program including a stormwater ordinance, permitting process, and an inspection and enforcement program. In anticipation of these new requirements, staff will develop a timeline to insure compliance with these regulations. 4. Miscellaneous Reports a) Tonnage Reports (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) 5. Green Committee Items a) County Admin Building (CAB) Energy Efficiency Retrofit Update In June 2009, replacement of 543 light fixtures in the old CAB and 21 light motion sensors in CAB restrooms was completed. A four month comparison of energy use comparison 2009 to 2009 indicates a 13.5% reduction in electricity for the entire CAB. A savings of approximately $1,405 per month, and 165 metric tons of CO2 reduced on an annual basis. b) Performance Contracting Update Frederick County, Frederick County Public Schools, and the Northwestern Regional Adult Detention Center are moving forward with the free "back of envelope" energy audit. A meeting with four (4) energy service companies has been set for January 20. c) Employee Energy Awareness Program Development of an intranet based awareness program is underway. Training modules and quizzes provide the basis of the training. The platform will have the ability to track participation. PUBLIC SAFETY COMMUNICATIONS REPORT- APPROVED A meeting of the Public Safety Committee was held on Wednesday January O h at 9:00 a.m. Committee members present were: Committee Chairman Gary Dove, Gene Fisher, Michael Hockman, Fire & Rescue Chief Tim Welsh, County Attorney Rod Williams and Fire & Rescue Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 282 Association President Tim Price. Also in attendance were Public Safety Communications Director LeeAnna Pyles and Emergency Management Specialist Gail Miller. The following items were discussed: ** *Items Requiring Board Action * ** 1. Fire & Rescue SAFER Grant (Attachment A,B) — (Resolution 4047 -10) Chief Welsh presented information regarding a Federal grant program where the government will pay two years of salary and benefits at 100% for authorized persons, with no local matching funds. The only restriction is that the salaried individuals must remain employed for three years, which would require the local government to pay one year of salary and benefits. Based on projected call volume and staffing needs, the grant money request would allow for the hiring of additional staff (19 requested) at no cost to the County for the first 2 years. The question of the third year of local funding prompted a discussion of fee for service as a possible funding source to pay for the third year. Due to the grant not paying for the third year, the committee discussed establishing a sub - committee to review cost variables, research additional grant funding and /or possible implementation of fee for service. Mr. Hockman made a motion that the SAFER grant be forwarded to the Board for approval. The motion was seconded by Mr. Fisher and unanimously approved by the members. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, approved the application for the SAFER Grant. WHEREAS, a grant was made available from the Federal Emergency Management Agency (FEMA) that the County of Frederick may apply for; and WHEREAS, the County could utilize funding from this grant in the approximate amount of $1,769,470 to provide salary and benefits for nineteen (19) firefighter positions for the grant period (years 1 and 2). The grant requires the County of Frederick to fund the positions for one year after the grant period. Employment thereafter is at the discretion of the County; and WHEREAS, the County of Frederick Fire and Rescue Department is dedicated to providing fire and emergency medical services. This funding would support the multi -year fire and rescue staffing plan by supplying additional staffing to reach adequate staffing levels for fire and emergency responses; and WHEREAS, the County of Frederick's primary concern is providing quality fire and emergency medical services in the event of an emergency, ensuring the safety of the citizens. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia hereby authorizes Fire and Rescue staff to apply for the 2010 FEMA SAFER grant. ADOPTED this 13` day of January, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Public Safety Committee Member Vacancy Chairman Dove advised that he would request the Board fill the vacant citizen member seats on the Public Safety Committee. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 283 Supervisor Dove advised he would work with Chairman Shickle on this issue. ** *Items Not Requiring Action * ** 3. Fire & Rescue Comprehensive Plan (Attachments C) Chief Welsh presented a proposed revision to the County's Comprehensive regarding fire and rescue services. He advised the format of the Plan changed this year in order to be consistent with the format of other departments. Chief Welsh stated he was seeking a recommendation from the Committee and he would submit the proposed revision to the Planning Department to be submitted to the Planning Commission and the Board as part of the Comprehensive Plan amendment process. Mr. Hockman moved to submit the amendment to the Planning Commission and then on to the Board. The motion was seconded by Mr. Fisher and unanimously approved by the members. 4. Update on the City of Winchester Proposed Merger LeeAnna Pyles spoke regarding the proposed consolidation of communication centers with the City of Winchester. A joint meeting was held on Wednesday January 5, 2010 with County and City representatives. At the conclusion of the meeting, it was determined that consolidation of communication centers could "technically" be done. The Committee has a presentation prepared for review by the Board and City Council. A merger could be completed; however, there are many obstacles and hurdles that would need to be addressed (e.g. a back up center, radio frequency ranges, terrain challenges, equipment, etc.). The consolidation sub- committee agreed that a consultant should be obtained in order to get an overall cost estimate and develop both a long and short term plan should this proposal move forward. The financial implications would run in the millions of dollars with both localities sharing the costs. 5. Full Scale Emergency Exercise (Attachment D) Gail Miller outlined the full scale exercise that occurred on October 24, 2009. Over 100 people participated in the exercise including participants, evaluators, media, controllers, observers and various departments from the State and local levels, as well as nongovernment partners. The exercise focused on "a bleacher collapse" in a normal school setting and ways in which the school, responders and personnel would react to handling the situation of controlling the students, hospital influx, traffic control, parent notification, etc. Many strengths were shown during in the scenario. There were also areas in need of improvement. Ms. Miller outlined the process for these implementing these improvements including conducting further training. 6. New Fire Stations Chairman Dove addressed the need to build new fire stations in locations which are currently difficult to access from existing fire stations. Chairman Dove inquired about building the standard size fire stations, not sub - stations. It was mentioned that some of the existing stations house specialized equipment owned by the respective company, while substations could be stocked with equipment already owned by the County; however, the problem is the staffing these facilities. Chairman Dove asked Chief Welsh to gather additional information about this issue and how it could become a reality. Next Meeting A date for the next Public Safety Committee meeting was not set. Adjourn The meeting was adjourned at 10:00 a.m. FINANCE COMMITTEE REPORT Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 284 The Finance Committee met in the First Floor Conference Room at 107 N. Kent Street on Wednesday, December 16, 2009 at 8:00 a.m. Members Ron Hottle and Stephen Swiger were absent. Items 2, 3, and 5 were approved under consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The Department of Juvenile Justice requests a General Fund supplemental appropriation in the amount of $7,199.73 This amount represents FY 2009 unspent grant funds that need to be returned. See attached memo, p. 1. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,401.20 This amount represents DARE reimbursements. No local funds required. See attached, p. 2 -4. — Approved Under Consent Agenda 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $170 This amount represents restitution and is requested to be appropriated to overtime. No additional local funds required. See attached memo, p. 5. — Approved Under Consent Agenda 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $8,282.45 This amount represents the net proceeds from a Sheriff sale is requested to be appropriated for replacement computers. See attached memo, p. 6 -7. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 285 5. The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $2,654.44 This amount represents an insurance reimbursement for auto repairs. No local funds needed. See attached memo, p. 8 -9. — Approved Under Consent Agenda 6. The County Administrator requests a General Fund supplemental appropriation in the amount of $50,000 This amount represents a reappropriation of PPEA review fees submitted by Howard Shockey and Sons, Inc. for a county fire station. See attached memo, p. 10. 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The County Administrator and Finance Director request discussion on the FY 2011 budget status. See attached memo, p. 11. ** *Information Only * ** 1. A thank you note was received from First Night Winchester for the County's support of the New Year's Eve Festival of the Arts. See attached, p. 12. 2. The Finance Director provides November 30, 2009 financial statements. See attached, p. 13 -17. 3. The Finance Director provides the Fund 10 Transfer report. See attached, p. 18 -19. Fig 4. The Finance Director provides the Unreserved Fund Balance Report. See attached, p. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on December 21, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) Dave Burleson (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kris (liaison PC) ** *Items Requiring Action * ** 1. Commuter Bus Support Resolution (Resolution #048 -10) Staff presented the attached request and supporting materials from the Valley Connector. The proprietors of the Valley Connector are seeking a resolution of support and provision of matching funds from Frederick County. Staff noted that the resolution of support and request for funding should be treated separately and that the funding requested would be dealt with at the Finance Committee. Committee members noted that they had no issue supporting the resolution, but that the funding request would likely take a little more discussion. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 286 Motion by Mr. Lemieux and seconded by Mr. Burleson: The Committee voted unanimously to recommend that the Board adopt a resolution of support for the Valley Connector bus service. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the resolution of support for the Valley Connector. WHEREAS, the Valley Connector in a coordinated effort with the Valley Commuter Assistance Program (VCAP) of the Northern Shenandoah Valley Regional Commission (NSVRC), desires to submit a grant application for operational and capital costs associated with providing service; and WHEREAS, the Valley Connector has requested that the Board of Supervisors provide a Resolution supporting its application for said funds; and NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this grant application for the Northern Shenandoah Valley Regional Commission and the benefit of the Valley Connector. ADOPTED this 13 day of January 2010. Supervisor Lofton asked if the resolution committed the County to funding. Supervisor DeHaven responded no. Chairman Shickle requested staff report back to the Board regarding resolutions from other localities. Supervisor Lofton stated he would like to see more information regarding the group's operations. He went on to say that until he had some additional questions answered he was reluctant to support this resolution. Supervisor DeHaven advised he had a meeting set up on Friday and invited Supervisor Lofton to attend in order to get some of his concerns addressed. He concluded by saying the group was under a February 1, 2010 deadline. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Nay 2. Revenue Sharing Funds Staff notified the Committee that after meeting with VDOT, they were recommending two changes to the revenue sharing funds to preserve and make use of older awards before VDOT chose to withdraw them. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 287 1. Request transfer of $414,359.00 from the Warrior Drive project to the Tevis Street /Russell 150 project, including the reimbursement of $26,817.00 in previously submitted VDOT fees. 2. Request transfer of $100,000.00 from Route 50 East to the Route 11 North project. Motion by Mr. Lemieux and seconded by Mr. Racey. The Committee voted unanimously to recommend that the Board authorize staff to request the transfers. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board authorized staff to request the transfers. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 3. 2010 Transportation Committee Meeting Schedule The Committee adopted their 2010 meeting schedule. 4. Other PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEAR ING - REZONING #07 -09 OF THE BURNS PROPERTY VALLEY MILL ROAD, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 1.26 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USES. THE PROPERTIES ARE LOCATED IN THE NORTHWEST CORNER OF THE INTERSECTION WITH VALLEY MILL ROAD (ROUTE 659) AND MARTIN DRIVE, IN THE RED BUD MAGISTERIAL DISTRICT, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBE 54 -A -1120, 54- A -112D, AND 54- A -112P. — POSTPONED FOR 30 DAYS Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for commercial uses. He noted the applicant had restricted the amount of trips to be generated from the site. In addition, the applicant has proffered a generalized development plan. Access to the site would be through the adjacent Wal- Greens' property. This proposal prohibits future access to Valley Mill Road and Martin Drive. The applicant will extend the hike /bike trail and will install sidewalk improvements and Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 ROO -6 additional landscaping. Deputy Director Ruddy noted the proposed sidewalk connection would be across the Dowell J. Howard site. He went on to say the Planning Commission recommended approval of this request with the applicant to prepare all documents necessary to make the sidewalk connection. He advised staff received a new proffer statement, which was submitted that day. Deputy Director Ruddy stated the Frederick County Public Schools' Buildings and Grounds Committee declined to dedicate the right of way to allow the sidewalk to be constructed. He went on to say, if the right of way is not dedicated, the applicant has proffered $8,000 to construct the sidewalk across the Dowell J. Howard site. Deputy Director Ruddy then reviewed the outstanding issues, which included: off -site transportation impacts; Martin Drive and access through Wal- Greens; and the sidewalk at the school property. Chairman Shickle asked if the only change in the proffer statement was in paragraph 1.12. Deputy Director Ruddy advised he was not aware of any other changes. Supervisor Collins asked if any indication was given as to why Frederick County Public Schools turned down the right -of -way dedication. Patrick Sowers, Patton Harris Rust and Associates, appeared before the Board to answer any questions. Chairman Shickle asked if the only change was to paragraph 1.12. Mr. Sowers responded the only other change was the statement date of 1/12/10. Mr. Sowers advised he was present on behalf of the applicant. He noted this rezoning was in conformance with the Comprehensive Plan designation for the area. He stated no certificates of occupancy or building permits would be issued until access is provided to Valley Mill Road. In addition, no certificates of occupancy or building permits would be issued until the lane improvements on Valley Mill Road are in place. With regard to the sidewalk installation, Mr. Sowers noted Frederick County Public Schools expressed some concern. The committee felt there was enough existing right -of -way between the pavement and existing right -of -way on Valley Mill Road to accommodate the sidewalk. He reiterated that should Frederick Count Public Schools not dedicate the right -of -way the proffers contain a clause regarding the $8,000 contribution. Mr. Sowers advised that per the Traffic Impact Analysis improvements were needed at the intersection of Valley Mill Road and Route 7. He noted the project's most direct impact would be to Valley Mill Road, so the applicant focused on those improvements. Mr. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 i Sowers went on to say the property is located in the Sewer and Water Service Area and is planned for commercial uses. He concluded by saying the addition of commercial uses helped bolster the county's tax base and the project received a unanimous recommendation of approval from the Planning Commission. Chairman Shickle asked Wayne Lee, Frederick County Public Schools, to come forward and speak to the sidewalk issue. Supervisor Collins asked Mr. Lee to elaborate on the concerns raised regarding the sidewalk. Mr. Lee stated the School Board was not aware the property line sat so far back from the road. He went on to say there was no real reason stated other than to keep the property in school hands. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Collins stated he believed this was a good project, but he had some concerns, in particular the sidewalk connection. He wanted to give the applicant and the schools additional time to work through this issue. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the vote on this application for 30 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS ORDINANCE AMENDMENT — CHAPTER 161 SEWAGE DISPO SYSTEMS WATER AND SEWERS — REVISIONS AND UPDATES TO THE FREDERICK COUNTY CODE RELATING TO SEWAGE SYSTEMS AND WASTEWATER DISCHARGE. THIS REVISION CONTAINS NEW REQUIREMENTS FOR ONSITE SEWAGE SYSTEMS, LICENSE REQUIREMENTS, REQUIREMENTS FOR PERMANENT PUMP AND HAULS, REPLACEMENT OR REPAIR OF ONSITE SYSTEMS, MAINTENANCE REQUIREMENTS FOR ALTERNATIVE SYSTEMS, AND REVISIONS TO THE VIOLATIONS AND PENALTIES. (VOTE POSTPONED FROM DECEMBER 8, 2009 BOARD MEETING.) — POSTPONED FOR 30 DAYS Minute Book Number 35 Board of Supervisors Regular Meeting of 01113110 290 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised the Board held a public hearing on this item at their December 9, 2009 meeting, but postponed action for 30 days due to several concerns expressed by board members. Those concerns included: pump and haul permit requirements; vesting of pump and haul permits; replication of code requirements; and vesting of existing lots with regard to the 100% reserve drainfield requirement. Senior Planner Perkins went on to say staff provided a revised ordinance to the Board on December 18, 2009 in an effort to address the concerns expressed. With regard to pump and haul permits, staff has revised the ordinance language by striking the word "occupied" from the criteria for existing structures. In addition, introductory language was changed to read "criteria such as the following ". There was only one area of the ordinance in which there was actual code replication and this had to do with the equipment requirements for septic haulers. Staff has since removed this language. Finally, staff prepared two vesting options for the Board's consideration: - Option 1 — All structures constructed after the date of adoption of this section and served by onsite sewage systems shall have a one - hundred - percent reserve drainfield in addition to a primary drainfield, which reserve drainfield shall have the same square footage requirements as the primary drainfield areas. All requirements pertaining to drainfields shall be as established by regulations of the Virginia Department of Health.; or - Option 2 — All structures constructed on lots created after January 13, 2010 served by onsite sewage systems shall have a one - hundred - percent reserve drainfield in addition to a primary drainfield, which reserve drainfield shall have the same square footage requirement as the primary drainfield areas. Structures constructed on lots of record platted prior to January 13, 2010 shall meet the minimum drainfield reserve requirements outlined by the Virginia Department of Health. All requirements pertaining to drainfields shall be as established by regulations of the Virginia Department of Health. Senior Planner Perkins concluded by saying staff was seeking three actions from the Board: 1. Approval of Chapter 161 with either option 1 or option 2. 2. Approval of the fee schedule. 3. Vesting of existing pump and haul permits. Vice - Chairman Ewing asked about the two year inspection and if notices were generated by the Health Department. Senior Planner Perkins responded that every pump and haul permit holder would be notified and they would go through the renewal process. Vice - Chairman Ewing asked about the requirement for permit holders to submit annual invoices to show their systems had been pumped. Minute Book Number 35 Board of Supervisors Regular Meeting of 01113110 291 Senior Planner Perkins responded that was a current requirement. Chairman Shickle asked if his understanding that optionl or 2 do not require a public hearing was correct. Senior Planner Perkins responded that was correct. Chairman Shickle advised that if there were to be additional changes to the proposal the Board would seek guidance as to whether or not they required a public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the ordinance amendments with option number 2. Supervisor Fisher stated that he believed option 2 was going in the wrong direction. He then referenced a letter from the Frederick - Winchester Service Authority concerning total maximum daily loads. Supervisor Dove stated he did not disagree with Supervisor Fisher; however, the committee decided not to go back on anything that is currently out there. Supervisor Lofton agreed with Supervisor Fisher. Supervisor DeHaven also agreed with Supervisors Fisher and Lofton. He stated the Board needed to be very careful here. He went on to say that because some people have a plan and invested money in getting the plan put together, it should not be the deciding factor due to the long term effect on the environment. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gary A. Lofton Nay Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the following fee schedule: 1. Permanent Pump and Haul Permit (Board of Supervisors review /approval) a. Residential Pump and Haul ........ ............................... $500.00 b. Commercial/Non Residential Pump and Haul .................... $500.00 2. Permanent Pump and Haul Permit Reapplication (every three years) a. Residential Pump and Haul ......... ............................... $ 25.00 b. Commercial/Non Residential Pump and Haul ................... $100.00 Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 292 3. License Fees a. Installation License .................... ............................... $300.00 b. Septic Haulers Permit ................. ............................... $200.00 4. Health Department Inspection Fees a. Inspection of Septic Haulers Trucks ............................... $25.00 (per truck) b. Pump and Haul Inspections (every 3 years) ...................... $40.00 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Nay Gene E. Fisher Aye Gary A. Lofton Aye Senior Planner Perkins advised the Board there are currently 152 pump and haul permits in Frederick County. She stated if the Board chose to vest these permits then they would not be covered under the ordinance. If the permits are not vested then the property owners would have to go through the process to comply with the ordinance. Administrator Riley asked if staff proposed to bring all 152 permits to the Board to get them on the three year cycle. Vice - Chairman Ewing stated that he would have trouble with that because bringing all of those permits back to the Board would be a burden. Supervisor Fisher stated the permits did not need to be brought to the Board. He believed the Board could vest the existing applications and put them on a three year schedule. Senior Planner Perkins advised that current pump and haul permits have not been inspected for many years. Administrator Riley asked why a pump and haul permit needed to come back to the Board every three years, after the application had been approved. Senior Planner Perkins responded that staff could take that section out of the ordinance and violations could be dealt with on a case by case basis. Planning Director Eric Lawrence suggested an annual review of the permits and if there were no issues they would continue as approved; however, if there were some violations then they could be dealt with at that time. Vice - Chairman Ewing stated he did not see the need for the three year review. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 293 Supervisor DeHaven asked why the permits should be brought back to the Board unless there was a problem. Administrator Riley suggested the Board rescind its previous actions and postpone action for 30 days to reconsider the ordinance. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board rescinded the prior two votes concerning the vesting option and the fee schedule. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Administrator Riley advised that the Board would have the ability to revoke the permit. Chairman Shickle stated there were 152 permits out there that need to be started on the three year inspection cycle. Administrator Riley stated staff would bring back the existing permits and future permits and put them on a 3 year inspection cycle. If there are problems that cannot be corrected then the revocation process would kick in. Scott Fincham, Lord Fairfax Health Department, stated that at the time the Board revokes the permits the revocation would come to the Health Department and they would in turn go to the Commonwealth's Attorney to address the issue. He went on to suggest the County and State work together to develop a letter regarding the need for inspection. Supervisor DeHaven stated he was concerned because these are solutions of last resort; however, if the system is not maintained properly then the use must cease. DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — TRAFFIC IMPACT ANALYSIS — SENT FORWARD FOR PUBLIC HEARING (RESOLUTION #049 -10) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed revision to the Zoning Ordinance and Subdivision Ordinance to add references to the Traffic Impact Analysis Standards for the rezoning, master development plan, site plan, and subdivision design plan portions. The Development Review and Regulations Committee and Planning Commission discussed this proposal and forwarded to the Board. She Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 294 concluded by saying staff was seeking direction from the Board on this proposal and whether it was ready for public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning and Chapter 144, Subdivision of Land; Article I — General Provisions, Amendments, and Conditional Use Permits; Part 102 — Amendments, 165 - 102.05 Impact Analysis; Article VII — Development Plans and Approvals; Part 801 — Master Development Plans; 165- 801.06 Preliminary Master Development Plan; Part 802 — Site Plans; 165- 802.02 Site Plan Applications; Review; Article IV — Subdivision Review Procedures; 144.12 Subdivision Design Plan. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan, and subdivision design plan portions. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on October 22, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on December 2, 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 an amendment to Chapter 165, Zoning and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan and subdivision design plan sections of the ordinance. 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 and Chapter 144, Subdivision of Land to add references to Traffic Impact Analysis (TIA) Standards for the rezoning, MDP, site plan, and subdivision design plan sections of the ordinance, and forward a recommendation to the Board of Supervisors. Passed this 13 day of January, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — HISTORIC AREA (HA) OVERLAY ZONE — POSTPONED FOR 30 DAYS — (RESOLUTION #050 - Senior Planner Perkins appeared before the Board regarding this item. She advised the current overlay zone contains criteria for establishing districts, criteria for determining historic Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 295 significance, general regulations, and administration. It does not contain any design criteria for development or alterations and; therefore, any landscaping, parking and the like would have to follow the regulations of the underlying district. She went on to say staff is now proposing revisions to the HA (Historic Overlay) Zone to address certain design elements for new construction within the zone, as well as other minor updates and revisions. Specifically, the revisions and additions include: revisions to the general regulations, addition of guidelines for construction or alterations, and additions to the administration section. She concluded by saying staff was seeking direction from the Board on the proposed text amendment. Supervisor Fisher stated he was concerned that a number of actions taken by the Historic Resources Advisory Board do not come back to the Board of Supervisors. Chairman Shickle cited page 3, § 165- 703.04 (A) and stated he did not realize the HRAB had this power. He went on to say he thought they had advising responsibilities, but the Board had final say. He concluded by saying the wanted to see that fixed. Supervisor DeHaven cited the last paragraph on page six, which stated "The applicant may appeal the disapproval to the Board of Supervisors. He felt this addressed the Chairman's concerns because all decisions could be appealed to the Board of Supervisors. Vice - Chairman Ewing stated he felt comfortable with the language in that last sentence. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board postponed this item for 30 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF 2010 -2011 CAPITAL IMPROVEMENTS PLAN (CIP) — SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was the Board's opportunity to provide input and discuss the FY 2010 -2011 Capital Improvements Plan (CIP). The Plan conforms to the County's Comprehensive Policy Plan and contains 73 projects. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board sent the 2010 -2011 Capital Improvement Plan forward for public hearing. Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10 296 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Dove advised that Larry Oliver was awarded the Governor's EMS Award in November. The Board extended their congratulations to Mr. Oliver. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton reminded citizens the 2010 Census would begin April 1, 2010 and the Bureau is in the process of hiring people to fill various positions. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:50 P.M.) Richard C. Shickle John M. Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: C_h', "� Jay + . Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 01/13/10