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HomeMy WebLinkAboutFebruary 24 2010 Budget Work Session & Regular Meeting317 A Work Session of the Frederick County Board of Supervisors and the Frederick County �_- Finance Committee was held on Wednesday, February 24, 2010, at 6:15 P.M., in the Fi loor 01 Conference Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Finance Committee member Stephen Swiger; Ellen E. Murphy, Commissioner of the Revenue; C. William Orndoff, Jr., Treasurer. CALL TO ORDER Chairman's Shickle called the work session to order. BUDGET WORK SESSION WITH FINANCE COMMITTEE Administrator Riley presented the county's proposed FY 2011 General Fund budget, which was compiled under what was released from Governor McDonnell's budget on February 17, 2010. State agencies and staff continue to work through the details of this budget to fully understand the impact to local government. It is important to remember that this is a work in progress budget that will most likely result in several changes from now to the adoption. He went on to say we are currently working with the Department of Social Services to get an understanding of the impact of these changes on health and human services. To date, those impacts have not been fully determined and are not included in this presentation. We will keep the Board informed as the information becomes available. Administrator Riley noted if funding is restored, it is staff's intent to revisit these proposed budget cuts and to restore funding to areas of critical need. He advised local revenue budgeted in this proposed FY 2011 budget does not represent a tax increase to the residents of Frederick County. All revenue projections are currently budgeted at present level. At the end of this current fiscal year, revenue projections will be reviewed once again and amendments can be made at that time. This proposed General Fund budget reflects an understanding of the State's Compensation Board reductions to Frederick County's five Constitutional offices and the County's share of the reductions to the regional adult detention Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 31 center. It is our understanding that the current Governor restores funding to Sheriffs by reducing the staffing ratio to one deputy for every 1,650 of local population. The impact of this change is still being reviewed along with other changes in public safety grants introduced by Governor McDonnell. On Monday, February 22, 2010, staff learned that both the House and Senate budgets reinstated a substantial amount of the proposed cuts to Constitutional offices. The exact number, along with other changes, is still being determined. The total estimated shortfall for the General Fund is $2,479,704 and is made up of the following: - The Compensation Board funding to our five Constitutional offices is estimated as a reduction of $1,156,415. - The County's local share for the regional adult detention center increased by $674,353. Although the regional jail has decreased their budget by millions in the last two fiscal years, State and federal funding for that facility, along with our increased usage, results in a substantial increase. - The County recently received its health insurance renewal that indicates a 17 percent increase. Staff will review several plans and options to reduce this cost which can not be absorbed by the General Fund. - The County's projected increase in the VRS rate is fairly minimal. It should be noted that our contribution rate is a moving target. Funding of this program could very likely jeopardize the funding of our employee's retirement if the State chooses to not fund adequately. Administrator Riley went on to say that at last week's Finance Committee meeting, after discussion of the Compensation Board reductions, it was asked... "What funding is left in those offices ?" The answer to this question is state funding for the current year is estimated at $3.7 million and the proposed FY 2011 state funding at $2.6 million, resulting in an estimated loss of state funding by $1.1 million for those offices. As mentioned earlier, both the Senate and the House budgets restore partial funding to these offices, but the exact numbers are undetermined at this time. He then showed a three year history of funding for the regional adult detention center. The reductions being made to the expenditures for the center, the loss of revenue from the state and federal government, along with our increase in usage, contributed to the County's share of the increase in the amount of $674,353. All localities' usage went down with the exception of Frederick County. Our FY 2011 usage rate is 39.5 %. Based on the presentation made by the Superintendent on February 23, 2010 the County's increase is in excess of $700,000 with recent changes. We will continue to work with the Superintendent to reduce this increase. The regional adult detention center is projected to lose $1.5 from FY 2010 and $2.5 from FY 09 from state Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 319 and federal revenue sources. Approximately $1 million is related to Compensation Board funding for State personnel cost reimbursements and over $400,000 in lost revenue as a result of the proposed change in inmate per diem calculation. Operating costs for the regional jail have decreased by approximately $2.3 million since FY 2009. This large decrease is mostly attributed to the reduction of 22 positions. The number of positions currently at the center is 184. These vacancies were accomplished through both attrition and lay -offs. In order to address the almost $2.5 million dollars needed in General Fund cuts, Administrator Riley presented the following cuts for the Board's consideration: • Reduce contributions to outside agencies by 10 percent. He noted there may be contributions that need to be eliminated with the redefining of funding for core services and staff would welcome dialogue and direction in these areas. • Reduce CSA funding. This is actually a carry forward in this fund that will reduce the current year contribution. It is important to note that this is one -time savings. • Reduce overtime. The County has spent the last several years changing overtime pay policies to reduce overtime costs. • Reduce refuse collection and disposal. The County's reduction in refuse usage should substantiate these savings. The tipping fee for municipalities will continue to be reviewed for cost savings to participating localities. • Reduce animal shelter funding. This reduction will be offset with prior years' donations that the County has reserved for the animal shelter. • The reduction in travel and training will be over all County departments. Currently, out of town travel is very limited and requires pre - approval. Training will be jeopardized. • The ladder truck supplement that was given to the Fire Department to house the ladder truck should no longer be needed with the upcoming sale of the ladder truck. • The reduction in office supplies and postage will be shared among all departments. Electronic correspondence will be encouraged in order to reduce costs. • The reduction in advertising will be shared mostly by Personnel, Finance and Economic Development. Procurement is mostly done electronically, positions are not being advertised, and advertisements for other departments, including EDC will be limited. The County will continue to utilize the website to communicate and inform our citizens. • Gasoline costs are currently less than budgeted; however, this budget reduction could change overnight. • Printing costs will be reduced as a result of policies and various publications now available in electronic form. • Reductions in contractual services have been identified as savings in prior years and should not tremendously impact any one department. • Health care premium increases for the General Fund are anticipated at $600,000. This increase will have to be reduced by at least 2/3. The County will change the health coverage that is currently being funded by the General Fund and offer plans that the employees can purchase through payroll deductions. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 320 • The vaccination program has been budgeted in previous years for the fire and rescue volunteers but to date has not been used. • Further reductions in work force for the county. General Fund savings for work force reduction exceeds $800,000. • The gypsy moth program will be eliminated. • A three day County employee leave without pay will be implemented. This is equivalent to a 1.2% salary reduction. Administrator Riley briefly reviewed the proposed 10% reduction to outside agencies as recommended. He noted cuts have not been made to Tourism and City Museums. The County and City are currently discussing funding for these agencies. Administrator Riley reviewed the list of vacant positions in addition to the positions cut from the current year's budget. The County has had a salary freeze on all positions for the past 16 months, with the exception of public safety. We have also had involuntarily layoffs in departments that their workload has decreased due to the economy, in particular the Inspections Department. Currently, the General Fund is down 30 positions, the Adult Detention Facility is down 22, the Airport 2 and Court Services 4. Prior to the reduction in workforce, there were 480 employees in the General Fund. In order to cut $2.5 from the General Fund, the County will have to lay -off an additional 7 -8 positions, along with not filling any current vacant positions, increasing the number of positions eliminated in the general fund to 37 -38 positions. During the last February 17, 2010 Finance Committee meeting, it was expressed that now is definitely the time to talk about fees that support services. The following fees were presented to the Board for discussion: • 1% meals tax increase that would generate approximately $800,000 • Emergency Medical Service Fee would generate approximately $900,000 • County Motor Vehicle Fee increase. The current fee is $25 but the County can charge $38.75. Each dollar increase generates approximately $75,000 • Further reductions in the tipping fee for municipalities. Currently, the municipal rate is $12 per ton and $24 per ton of municipal sludge. The commercial and industrial rate is $45 per ton. • The Director of Parks and Recreation is currently reviewing programs and the fees being charged, or in some cases, not charged. Discussion is taking place on the Airport tax rates and the incentives for attracting additional aircraft. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 321 Administrator Riley showed a history of local sales tax collections for the County. He noted this is the first time in two years that sales tax did not decline in January. Since sales tax a good economic indicator, we are optimistic with this showing. He concluded by presenting a budget calendar for the proposed 2011 budget. He noted this budget calendar is based on the timelines of prior years' calendars. Although the budget does not have to be adopted in April, the adoption of the tax rate in April will allow for the timely issuance and payment of the June 5 tax bills. Following the presentation, Administrator Riley advised that he would like to get closure on the airport tax rate, in particular the proposed $0.01 tax rate on airplanes with a gross weight over 20,000 pounds. Supervisor Fisher asked what the revenue from a $0.01 tax rate would be on such an airplane. Administrator Riley responded $2,500.00. Supervisor Fisher noted that fuel sales keep the Winchester Regional Airport solvent and that such a tax rate on aircraft over 20,000 pounds should be considered. Administrator Riley stated he would recommend the $0.01 on aircraft over 20,000 pounds. Supervisor DeHaven stated we have not been able to reach a middle ground with this issue, but we need to give it a shot. Vice - Chairman Ewing asked if the budget was balanced based on the presentation. Administrator Riley responded if the Board allowed the use of $4.3 million in fund balance funding again this year then it was in balance. Chairman Shickle asked if staff could provide a ten year chart of July 1 fund balance, budget, and expenditures. Administrator Riley advised he would like to do some scenarios with the airport tax changes, etc. Supervisor Lofton stated he would like to see fuel charges for Winchester and other airports. The Board set March 3, 2010 as a tentative budget work session date, if it was needed. There being no further business, the Board recessed until 7:15 P.M. REGULAR MEETING Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 322 Chairman Shickle called the regular meeting to order. INVOCATION Reverend Dan Hesse, Harvester's of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following changes to the agenda: - Postponement of Rezoning #07 -09 of the Burns Property for 30 days at the request of the applicant; - Postponement of the Rock Harbor Amendment to the Round Hill Land Use Plan for 60 days at the request of the applicant; and - Addition of a joint resolution of the Board of Supervisors and Frederick County Public Schools as item number 4 under County Officials. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended. 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 CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the January 13, 2010 regular meeting. 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 Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 323 Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the January 27, 2010 regular meeting. 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 AGRICULTURAL DISTRICT ADVISORY COMMITTEE - RE- AFFIRMATION OF MEMBERS - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board re- affirmed the membership of the Agricultural District Advisory Committee: Carl C. Ay James M. Douglas Dudley H. Rinker Walter G. Baker Gary R. Oates John Stelzl Jack K. Jenkins, Jr John R. Marker Stonewall District Back Creek District Back Creek District Gainesboro District Stonewall District Opequon District Shawnee District Back Creek District 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 CLAUS BADER AS RED BUD DISTRICT HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Dove, the Board reappointed Claus Bader to the Historic Resources Advisory Board as Red Bud District representative. This is a four year appointment, said term to expire February 22, 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 Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 324 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REOUEST FROM ECONOMIC DEVELOPMENT COMMISSION DIRECTOR FOR SUPPLEMENTAL APPROPRIATION FOR PROJET AIRCRAFT. (ACTION POSTPONED FROM NOVEMBER 18, 2009 BOARD METING AND JANUARY 13. 2010 BOARD MEETING) — POSTPONED UNTIL FIRST MEETING IN APRIL Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board postponed this item until the first board meeting in April. 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 THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPRnV'FD Administrator Riley advised the Commissioner of the Revenue requested a refund for the following: - Elvira Landscape in the amount of $4,503.77 for an adjustment to business licenses for four years; and - Sun Trust Equipment Finance & Leasing Corp. in the amount of $2.735.26 for an adjustment to business equipment for 2009. The County Attorney has reviewed same and indicates the refunds appear to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund for Elvira Landscaping 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 for Sun Trust Equipment Finance & Leasing Corp. 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 Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 325 Gene E. Fisher Aye Gary A. Lofton Aye JOINT RESOLUTION ( #058 -10) OF BOARD OF SUPERVISORS AND SCHOOL BOARD RE: STATE BUDGET — APPROVED Administrator Riley advised this was a joint resolution of the Frederick County Board of Supervisors and the Frederick County School Board expressing the challenges facing both bodies during this budget process. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the joint resolution. WHEREAS, the current economy is a challenge for everyone from state and local legislators to the taxpayers; and WHEREAS, the local level is where the vast majority of citizen services are delivered; and WHEREAS, the Frederick County Board of Supervisors remains committed to serving the residents and businesses of the County by providing high quality, cost effective, core public services such as public safety and public K -12 education; and WHEREAS, the Frederick County School Board remains committed to serving the residents and businesses within Frederick County by providing children every opportunity for a high - quality education in a safe and nurturing environment; and WHEREAS, the current budget proposals and actions taken by the General Assembly reflect the State's intent to balance its budget by shifting much of the financial burden to local governments; and WHEREAS, local governments have no place left to shift the burden of balancing the budget without reducing or eliminating services. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors and the School Board of Frederick County, Virginia, jointly urge the General Assembly to oppose the assignment of any new fiscal responsibilities without providing the necessary funding; and BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors and the School Board of Frederick County, Virginia, jointly oppose any actions by the General Assembly to restrict, or limit, or reduce the sources of revenue presently available to local governments; and BE IT FURTHER RESOLVED, the Frederick County Board of Supervisors and the School Board of Frederick County, Virginia, resolve to work together with other partners including other localities and school divisions, business and non - profit organizations, and willing members of the county's and regional delegations to the Virginia General Assembly to work together to review and update the current methodology for funding public education in Virginia. ADOPTED this 24` day of February, 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 Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 326 Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS JOINT FINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on Wednesday, January 27, 2010, 8:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Board of Supervisors Chairman Richard C. Shickle, Supervisor Bill M. Ewing, County Administrator John R. Riley, Jr., County Finance Director Cheryl Shiffler; President of City Council Jeff Buettner; City Council member Art Major; City Manager Jim O'Connor, and City Finance Director Mary Blowe. The committee submits the following: Starting Point Detox The County Administrator presented a proposal to relocate Starting Point Detox to the NREP Center on Smithfield Avenue. Associated with the move was a reorganization of the Department of Court Services to include putting same under the management of the Northwestern Regional Adult Detention Center (NRADC). The funding of the capital project was proposed as a 50% cost share per jurisdiction and a revised operating cost share of 50% use. The motion was to present the proposal to the joint governing bodies at their next scheduled meeting. Economic Development Commission Funding Status Chairman Shickle inquired as to the status of funding from the City in the current budget. The Chair was advised that the matter would be considered at the next City Council work session. The Chair was also advised that the City's inclination was to fund same in next year's budget. Tourism The County Administrator presented a status report as to the funding per the Memorandum of Understanding for Tourism. The committee was advised that the last time the Joint Finance Committee met in November of 2008, the County Administrator and City Manager were tasked to review the current Memorandum of Understanding (MOU) and determine what level of funding would be required to meet the intent of the MOU and what revisions may be necessary to comply with same. It was decided by all in attendance that a presentation should be given to both governing bodies at the joint meeting. The presentation should include the current business plan for the Convention and Visitors Bureau (CVB) and what the vision would be for the future. Joint Communications The City Manager raised the issue of the Joint Communications Subcommittee report due to be presented to the respective governing bodies. Within the report is a recommendation that a consultant be retained to develop a fiscal impact analysis as to the implementation of a joint communications center. The City Manager expressed a desire to commit to retaining said consultant now in order to expedite the process. It was concluded that the subcommittee should report out and that a commitment for funding the consultant wait until a cost for same can be determined. Future Meetings Staff was instructed to schedule a joint meeting of the governing bodies to receive the information contained in this report. A tentative date would be February 17, 2010, 5:30 P.M. in City Hall. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 327 Joint Finance Committee Meetings The next meeting of the Joint Finance Committee will be toward the end of February. The subject of said meeting will be annual funding for all joint agreements. Finance Directors from the City and County will compile the information. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on January 25, 2010 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gary Lofton (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 1. Carmeuse Industrial Access Rail Support - (Resolution #052 -10) - Approved On staff s recommendation, the Committee modified the agenda to consider the attached request for support from Carmeuse Lime and Stone of Northern Virginia. Carmeuse is seeking a resolution of support to obtain rail access funds from the Virginia Department of Rail and Public Transit. The rail enhancement to their operations is expected to take truck trips off of Route 11. On a motion by Mr. Lofton and seconded by Mr. Burleson, the Committee recommended that the Board of Supervisors adopt a resolution of support. Motion passed unanimously. Resolution is enclosed. Supervisor DeHaven advised that he would be abstaining from consideration of this item. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the resolution of support of the utilization of Industrial Access Railroad Track Funds. WHEREAS, O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia has expressed its intent and desire to the Board of Supervisors to locate its commercial business or industrial operations in Frederick County; and WHEREAS, O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia and its operation will require rail access; and WHEREAS, the officials of O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000.00; and WHEREAS, O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime and Stone of Northern Virginia has requested that the Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime and Stone of Northern Virginia for $450,000.00 in industrial access railroad track funds; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 328 BE IT FURTHER RESOLVED THAT the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime and Stone of Northern Virginia, for the purpose of locating its business, commercial or industrial facility in Frederick County. ADOPTED this 24 day of February, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Route 7 Multimodal Corridor Study - Approved NOTE. Staff is prepared to make a presentation if desired by the Board. Summary maps of the access management recommendations are attached and the full study is available electronically at www.winfredmpo.org or staff can provide paper or cd copy upon request. Following discussion, the Committee recommended that the Board of Supervisors recommend the following items to the MPO. 1. That the existing Valley Road connection be maintained as a right -in only if allowable at the time of the interchange improvements in that area. 2. That the Sheetz at the intersection of Route 7 and Regency Lakes Drive limit their entrances along Regency Lakes Drive to one that is located as far back from the intersection as practicable. The Committee also agreed that if the master planned road that will cross the rear frontage is implemented, an entrance should be established at that location and all Regency Lakes Drive entrances would be eliminated. 3. That the language in the plan dealing with Park and Ride lots should be less specific regarding their location so as to offer maximum flexibility in finding suitable locations. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board recommended adoption of the above amendments to the draft plan. 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 3. Shady Elm Access Management Study Phase II - Approved NOTE. Staff is prepared to make a presentation if desired by the Board. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 329 A summary map of the consultant's recommended alternative is attached along with the level of service diagram for that alternative, the scoring sheet for all the alternatives, and the cost comparison of the alternatives. The full study is available electronically at www.winfredmpo.org or staff can provide paper or cd copy upon request. The Shady Elm Access Management Study Phase II has been undertaken by HNTB under contract with the VDOT. Staff has been involved in the development and review of the report on the MPO Technical Advisory Committee and Project Steering Committee level. The purpose of this study and its predecessor has been to determine ways to maintain access between Route 11 and Route 37 upon the development of the future planned interchange between I -81 and Route 37 while adding access for Shady Elm Drive. Following discussion, the Committee recommended that the Board of Supervisors recommend the following items to the MPO. 1. Look at the Tasker Road overpass to determine if it was included in the modeling. 2. Consider access to the property located on the Northeast quadrant of the intersection of Route 37 and Route 11. 3. Consider removal of the traffic signal at Commonwealth Court and limiting left turn movements from that roadway (this would be in conjunction with provided access as noted in item 2). 4. Consider the addition of a Northbound I -81 ramp directly to Route 11 for the recommended alternative. 5. Hold another public meeting with a more extensive notification process. 6. Provide examples of signage that would be required with the recommended alternative. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board adopted recommendations 1 -6 and added a recommendation 7 to label maps when roads are shown for functionality. 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 * ** 4. Route Walley Mill Road Area Transportation Alternatives Staff presented the attached preliminary alternatives to generate some initial discussion at the committee level. The committee directed staff to continue study on alternative 3 and create a new alternative which will be called alternative 4. 5. MPO Long Range Plan Update Staff advised the Committee that the MPO Long Range Plan update is progressing well. The current focus is on developing the `Vision Plan List'. This is the wish list of projects which is not financially constrained and which is envisioned to be needed to mitigate the long future transportation needs. The Committee received the attached list and did not have any comments. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 330 6. Other PLANNING COMMISSION BUSINESS 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 NUMBERS 54- A -112A, 54 -A- 112D, AND 54- A -112P (VOTE POSTPONED FROM JANUARY 13, 2010 BOARD MEETING) — POSTPONED FOR 30 DAYS This item was postponed for 30 days at the request of the applicant. ORDINANCE AMENDMENT — CHAPTER 161 SEWAGE DISPOSAL SYSTEMS, WATER AND SEWERS — REVISIONS AND UPDATES TO THE FREDERICK COUNTY CODE RELATING TO SEWAGE SYSTEMS AND WASTEWATER DISCHARGE. THIS REVISIONS 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 9, 2009 BOARD MEETING. REFERRED BACK TO STAFF AT JANUARY 13, 2010 BOARD MEETING.) - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that the Board tabled action on this proposal at their January 13, 2010 meeting. During the discussions, the Board expressed concerns over the requirement that pump and haul permits be reviewed every three years and it wanted to see a provision for the Board of Supervisors to revoke pump and haul permits. Since the January 13, 2010 meeting, staff has revised the ordinance to address the Board's concerns. In particular, the requirement that pump and haul permits be reviewed by the Board of Supervisors every three years has been removed. Pump and haul permits will only come back to the Board for revocation. She noted decisions by the Board were needed on the following: 1. A decision on the revised Chapter 161 with either Option #1 or Option #2 (100% reserve vesting) a. Option #1 would only vest sites that have submitted applications to the Health Department — this option will not vest existing platted lots. b. Option #2 would vest all existing lots with a 50% reserve drainfield area — this option would vest approximately 5,100 lots zoned RA and 4,000 lots zoned R5. 2. A decision on the proposed fee schedule. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 331 Supervisor Dove moved to approve the amendment to Chapter 161 with option #2. The motion was seconded by Vice - Chairman Ewing. Supervisor Fisher stated he understood the proposed vesting, but there were things coming down the road with regard the EPA, TMDL, and the Chesapeake Bay. He felt option 1 was the better option and would not support the motion. Supervisor Lofton agreed with Supervisor Fisher. He went on to say if 9,000 lots are allowed with a 50% reserve, some of those systems will fail and the owners will have to figure out how to repair them so they can continue service. Supervisor DeHaven agreed with Supervisors Lofton and Fisher. He went on to say he could not see how the Board could put people in the position where they would have no remedy for a failed system. Supervisor Dove stated this recommendation is what came out of the committee and is based upon citizen input. The motion failed by the following recorded vote: Richard C. Shickle Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gary A. Lofton Nay Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the ordinance amending Frederick County Code Chapter 161, Sewage Disposal and Sewers, Article I — Part 101 — General Provisions; 161 - 101.01 — Purpose and Intent; 161 - 101.02 — Definitions; 161 - 101.03 — Appeals; Article II — Part 201 — Onsite Sewage Systems; 161- 201.02 — Health Department Approval; Permit Required; 161- 201.03 — Requirements of Onsite Sewage Systems; 161- 201.04 — License Requirements; 161- 201.05 — Permanent Pump and Haul Systems; 161- 201.06 — Disposition of Materials Removed During Cleaning; 161 - 201.07 — Replacement or Repair of Onsite Systems within 300 Feet of a Sanitary Sewer within the Sewer & Water Service Area; 161 - 201.08 — Inspections; 161- 201.09 — Corrections; 161- 201.10 — Maintenance Requirements for Alternative Onsite Sewage Systems; 161 - 201.11 — Fees; Article III — Part 301 — Wastewater Discharge; 161 - 301.01 — Purpose; 161 - 301.02 — Discharge into Sanitary Sewer; 161 - 301.03 — Disposition of Wastewater from Plumbing Fixtures; Article IV — Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 332 Part 401 - Violations and Penalties; 161 - 401.01 - Maintenance of Alternative Onsite Sewage Systems, Civil Penalties; 161- 401.02 - Violations and Penalties with vesting option #1. WHEREAS, an ordinance to amend Chapter 161, Sewage Disposal and Sewers, as outlined above, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on August 27, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on, December 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 9, 2009 and a public meeting on February 24, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 161, Sewage Disposal and Sewers, Article I - Part 101 - General Provisions; 161- 101.01 - Purpose and Intent; 161- 101.02 - Definitions; 161- 101.03 - Appeals; Article II - Part 201 - Onsite Sewage Systems; 161 - 201.02 - Health Department Approval; Permit Required; 161 - 201.03 - Requirements of Onsite Sewage Systems; 161- 201.04 - License Requirements; 161 - 201.05 - Permanent Pump and Haul Systems; 161- 201.06 - Disposition of Materials Removed During Cleaning; 161 - 201.07 - Replacement or Repair of Onsite Systems within 300 Feet of a Sanitary Sewer within the Sewer & Water Service Area; 161 - 201.08 - Inspections; 161 - 201.09 - Corrections; 161 - 201.10 - Maintenance Requirements for Alternative Onsite Sewage Systems; 161 - 201.11 - Fees; Article III - Part 301 - Wastewater Discharge; 161 - 301.01 - Purpose; 161 - 301.02 - Discharge into Sanitary Sewer; 161 - 301.03 - Disposition of Wastewater from Plumbing Fixtures; Article IV - Part 401 - Violations and Penalties; 161 - 401.01 - Maintenance of Alternative Onsite Sewage Systems, Civil Penalties; 161 - 401.02 - Violations and Penalties is revised. This amendment is amended as described on the attachment. Chapter 161 Sewage Disposal Systems, W and Sewers Article I Part 101- General Provisions .$161-101.01 Purpose and Intent. k 161 - 101.02 Definitions. k 161 - 101.03 Appeals. ARTICLE H Part 201- Onsite Sewage Systems .$161-201.01 Applicability, 161 - 201.02 Health Department Approval; permit required. S 161 - 201.03 Requirements of onsite sewage systems. .$161-201.04 License Requirements. .161- 201.05 Permanent pump and haul systems. S 161 - 201.06 Disposition of materials removed during cleaning. .$161-201.07 Replacement or Repair of Onsite Systems within 300 Feet of a Sanitary Sewer within the Sewer and Water Service Area. 161 - 201.08 I nspections. .$161-201.09 Corrections. 161 - 201.10 Maintenance Requirements for Alternative Onsite Sewage Systems. 161 - 201.11 Fees. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 333 Eft ARTICLE III Part 301- Wastewater Discharge §'� 161 - 301.01 Purpose. § 161 6.. S 161 - 301.02 Discharge into sanitary sewer. mil- $ 161 - 301.03 Disposition of wastewater from plumbing fixtures. ARTICLE IV Part 401- Violations and Penalties § 161-401.01 Maintenance of Alternative Onsite Sewage Systems, civil penalties. §1618-. 161-401.02 Violations and Penalties. Article I Part 101- General Provisions 161 - 101.01 Purpose and intent. Frederick County is deemed to have fragile hydrogeolon and to have the potential for depletion and contamination of water sources and the potential for hazards to public health, safety and welfare as a result. For the purpose of promoting the health, safety and welfare of the general public, there is imposed upon all wells and onsite sewage systems constructed or installed the standards as set forth hereafter in this chapter. Pursuant to these goals, the Board of Supervisors hereby exercises its power, as granted by $ 15.2 -2157 of the Code of Virginia (1950, as amended), to regulate onsite sewage systems. To the extent permitted by state law, if any provision of this chapter conflicts with any other provision of state or local law, the more stringent provision shall apply. 161 - 101.02 Definitions. Definitions of terms contained in this chapter shall be those given in the Virginia State Board of Health Sewage Handling and Disposal Regulations, 12 Virginia Administrative Code, Agency 5, Chapter 610 (12 VAC 5- 610 -10 et seq.) and the Virginia State Board of Health Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, 12 Virginia Administrative Code, Agency 5, Chapter 640 (12 VAC 5- 640 -10 et s The following definitions shall apply for additional terms contained in this chapter• ALTERNATIVE DISCHARGING SEWAGE TREATMENT SYSTEM OR DISCHARGING SYSTEM- Any device or system which results in a point source discharge of treated sewage for which the Health Department or the Virginia Department of Environmental Ouality may issue a permit authorizing construction and operation when such system is regulated by the State Water Control Board pursuant to a general Virginia Pollutant Discharge Elimination System permit issued for an individual single family dwelling or a multifamily dwelling with [lows less than or equal to 1,000 gallons per day. Such system is designed to treat sewage from a residential source and dispose of the effluent by discharging it to an all weather stream, an intermittent stream, a dry ditch, or other location. ALTERNATIVE ONSITE SEWAGE SYSTEM OR ALTERNATIVE ONSITE SYSTEM- A treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. ALTERNATIVE ONSITE SOIL EVALUATOR (AOSE) - A person licensed by the Department of Professional and Occupational Regulation (DPOR) to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 334 accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems suitable for the soils. CONVENTIONAL ONSITE SEWAGE DISPOSAL SYSTEM — A treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield. HEALTH DEPARTMENT- The Virginia Department of Health (Frederick County Office) and its authorized employees and agents. ONSITE SEWAGE DISPOSAL SYSTEM — Any treatment works design for the storage, treatment, disposal, discharge, or reclamation of sewage or combinations of sewage and industrial wastes, other than through use of a sanitary sewer system. PUMP AND HAUL SYSTEM — Any device or system in which a sewage holding tank is pumped out on a regular basis and the raw sewage is transported by motor vehicle by a contractor having a valid sewage handling permit to an authorized treatment plant. The term "Pump and haul" includes all facilities and appurtenances necessary to collect and store the sewage for handling by a contractor having a valid sewage handling permit. TREATMENT WORKS - Any device or system used in the storage, treatment, disposal, discharge, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment. 6 161- 101.03 Appeals. Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing an onsite sewage system permit, the applicant shall be advised in writing by the Health Department of the administrative remedies, including appeal to the Board of Supervisors, that are available to obtain a reversal of the denial or refusal or a modirication or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal provided for hereinafter. After exhausting all administrative remedies, as set forth ink 32.1- 164.1:1 et seq. of the Code of Virginia, including appeal to the Board of Supervisors, any person aggrieved by a decision of the Board of Supervisors shall have the right to iudicial review in accordance with the provisions of the Administrative Process Act ($ 2.2 -4000 et seg.). ARTICLE H Part 201- Onsite Sewage Systems 6161- 201.01 Applicability. A. The requirements of this article shall apply to any property where an onsite sewage system is installed or proposed to be installed, except that the repair of a previously permitted sewage disposal system or the replacement of an existing well when performed under a valid repair /replacement permit issued by the Health Department shall be exempt from this article. B. The requirements of this article shall apply to all new sewage disposal systems, which are permitted or approved, whether through a construction permit issued by the Frederick County Health Department or through a certircation letter issued by the Health Department after the effective date of this article and shall also apply to physical additions or expansions to existing sewage disposal systems. C. Building contractors, plumbers, or any person making installation and/or repairs to existing installations, shall be responsible to the owners of lots for compliance with this article. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 335 161 - 201.02 Health Department approval, permit required. A. It shall be unlawful to use, to allow to be used, to rent or lease for use any onsite sewage system to which this article applies unless and until onsite sewage system is approved and Permitted by the Health Department and the construction shall comply with the requirements of this article. B. No person shall install, construct, alter, repair or extend, or cause to be installed, constructed, altered, repaired or extended, any onsite sewage system in the County without first applying for and obtaining a valid permit therefore in the name of a specific person or for a specific location. Permits for installation, construction alteration, repair or extension of onsite sewage systems shall be issued by the Health Department. In addition, no person shall materially change, renovate, alter or remodel anv structure served by an onsite sewage system unless and until such is done in accordance with a valid health permit or under written approval of the Health Department stating such will not cause an increased loading on the sewage system. C. If upon any inspection, the Health Department shall find any violation of the provisions of a permit issued pursuant to an application filed as provided in this section the Department shall direct the person to whom the permit was issued to make the necessary corrections within a reasonable time. D. A permit issued as provided in this section may be revoked for failure of the holder to comply satisfactorily with this Chapter. 161 - 201.03 Requirements of onsite sewage systems. A. Onsite sewage systems shall be located only where approved by the Health Department B. Conditional permits shall not be issued for new construction applications submitted after the date of adoption of this section unless specifically authorized by the Frederick County Board of Supervisors. C. The use of alternative onsite discharging sewage treatment systems (discharging systems) shall not be permitted for new residential applications submitted after the date of adoption of this section. Approvals issued prior to the adoption of this section may be honored. D. 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. All requirements pertaining to drainfields shall be as established by regulations of the Virginia Department of Health. $ 161 - 201.04 License requirements. A. Installation License. No person shall install, repair or contract to install or repair individual onsite sewage systems or parts thereof without first obtaining an installation license from Frederick County and the Department of Professional and Occupational Regulation (DPOR). B. Septic Haulers Permit. No person shall engage in the business of cleaning septic tanks, settling tanks and/or vaults designed to hold or retain solids and/or liquids in coniunction with any onsite sewage system, by whatever name called without first obtaining a Septic Haulers Permit from the Health Department and the Frederick County Sanitation Authority. The septic tanks haulers permit shall be issued by the Health Department upon written application and payment of a permit fee, provided that the applicant gives evidence that he can comply with the following requirements: 1) Equipment requirements. All vehicles used to transport sewage shall meet the specifications outlined in the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 336 2) A copy of the Septic Haulers Permit shall be carried in the glove compartment of each vehicle operated. 3) Inspections. Any person or company engaging in the business of cleaning septic tanks, settling tanks and/or vaults desjgned to hold or retain solids and/or liquids in coniunction with any onsite sewage disposal system must be inspected, including all vehicles, annually by the Health Department. 161 - 201.05 Permanent pump and haul systems. A. The Frederick Countv Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if criteria such as the following is met. 1. The structure to be served is one of the following: a. An existing dwelling that has no indoor plumbing and is converting to indoor plumbing, or where an existing onsite sewage system has failed; b. An existing structure used as a place of worship; c. An existing school structure; d. An existing commercial structure; and 2. The Health Department has rejected an application for an onsite sewage system otherwise permitted under this chapter, or an off -site system; 3. All other options for a sewage system (i.e. off -site easement) have been pursued and found unsatisfactory as evidenced by a denial letter issued by the Health Department and/or documentation that a neighboring property owner is uncooperative in giving an easement; and 4. There shall be no additional bedrooms or bathrooms added to the dwelling or structure as a result of the permitting of a permanent pump and haul system. B. Upon making application and paying an application fee to Frederick County for a permanent pump and haul system permit, the system owner shall sign a statement ziving permission to the employees of Frederick County and the Health Department to conduct routine field inspections of the system to ensure proper maintenance. C. Onsite inspections shall be conducted a minimum of every three years by the Health Department to ensure that all properties with pump and haul system permits are in compliance with all state and local regulations. D. The property owner shall submit annual invoices of pump out every year to the Health Department. E. Pump and haul system requirements. Pump and haul systems shall meet the following specifications: 1. Pump and haul tanks are to be 1500 gallon or greater tanks with watertight access risers on both tanks extending to the ground surface. 2. The second tank is to be fitted with an auto - visual alarm float under the access riser and set to activate when the second tank is one -half full. 3. All connections are to be wired inside the dwelling and not in a crawl space or other area which is not accessible. 4. The tanks and risers must be sealed by the contractor to assure that they are watertight to prevent any infiltration. F. Violation of pump and haul system permits. If a p roperty owner who has been issued a permanent pump and haul system permit fails to adhere to the conditions or requirements of the permit, including but not limited to maintenance inspections and submission of annual invoices, the Board of Super visors may revoke said Permanent ump and haul system permit. $161- 201.06 Disposition of materials removed during cleaning. Any person who cleans any septic tank shall dispose of the sludge and materials removed from such septic tank by depositing such sludge and material in an approved Water Reclamation Facility, Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 337 $ 161 - 201.07 Replacement or repair of onsite systems within 300 feet of a sanitary sewer within the Sewer and Water Service Area. Should an existing sewage system cease to operate in a sanitary manner or should alternations be required to provide safe and adequate treatment, and the building or structure to be served is within 300 feet of an approved public sewer or a private sewer if available within the Sewer and Water Service Area, the property owner shall connect to the sewer. If the connection cannot be reasonably obtained, the Board of Supervisors may authorize alterations to the existing sewage system through a waiver. S 161 - 201.08 Inspections. The Health Department may inspect any and all onsite sewage disposal systems maintained at all premises in the County for the purpose of determining if such system is being operated and maintained in a sanitary manner. Such inspection shall be done at reasonable times and, whenever practical, in the company of the owner or occupant of the premises. In addition, the Health Department or his authorized agent shall make such inspections as may be deemed necessary during the construction of any onsite sewage disposal system installed in the County to determine compliance with the requirements of this chapter. No person shall use, allow to be used or cause to be used, any system until after the Health Department, Professional Engineer or AOSE has inspected and approved the same in writing. No part of any system shall be covered until it has been inspected and approved by the Health Department, Professional Engineer or AOSE, and any such part which has been covered prior to inspection shall be uncovered for inspection. S 161 - 201.09 Corrections If upon inspection the Health Department shall find any violation of this chapter or the Provisions of any permit and/or licenses issued under this chapter, the Department shall direct the owner or person to whom the permit and/or license was issued, by written notice, to make the necessary corrections within such reasonable period of time specified. 161 - 201.10 Maintenance requirements for alternative onsite sewage systems Any alternative sewage system permitted under the provisions of this chapter must comply with the following conditions and requirements: A. The installation and operation of any alternative onsite sewage system must be approved by the Health Department as compliant with this section and the applicable re- ulations of the Virginia Department of Health. B. Prior to the issuance of an operation permit for any alternative onsite sewage system, an agreement, in a form approved by the Health Department, has been signed and recorded by the property owner in the land records of the Office of the Clerk of the Circuit Court of Frederick County. Such agreement shall, at a minimum: 1_ Provide notice, including, without limitation to subsequent owners of the property, that the property is served by an alternative onsite sewage system. The Property owner's obligations under such agreement shall run with the land and bind the property owner, and the property owner's heirs, personal representatives, successors and assigns. Said agreement shall be transferred with the title to the property upon the sale or transfer of the land that is the subiect of the permit. 2. Impose installation, operation and maintenance conditions determined by the Health Department or the Board of Supervisors, as applicable, based on the maintenance requirements of such system, including, without limitation a requirement for a maintenance contract, C. The property owner annually by the anniversary date of such agreement or as specified by the Code of Virginia shall procure an inspection to ensure such system continues to operate as designed and in accordance with this section and such agreement Said Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 338 inspection shall be performed by an individual who is licensed or certified as bein qualified to operate, monitor, and maintain an alternative onsite sewage sy stem. D. The property owner shall establish a contractual relationship with an app roved operator for the maintenance of such system and shall provide the operator's n ame and license number to the Health Department. The property owner shall maintain such relationship with an approved operator at all times as long as the alter native onsite sewage system is in operation. E. The property owner shall have inspections performed on the alternative onsite sewage system as required by the maintenance contract and the Health Departme The Property owner shall also annually, within thirty (30) days of the anniversary da of the recorded agreement, or such longer period as may be permitted by the H ealth Department, file with the Health Department a copy of the inspection report, in a f orm approved by the Health Department, and repair or replace such system, as necessa to correct any deficiencies identified in the inspection report in compliance with this section and the applicable regulations of the Virginia Department of Health. F. The property owner shall keep at the property a copy of the operation and mainten log provided by the designated operator; said log shall be provided to any future o wner of the property. G. The property owner shall obtain approval of any modifications, alterations, and expansions of such system that have been certified by a professional engineer, fro the Health Department. H. In the event of the failure of such system, as determined by the operator or Health Department, the repair or replacement of such system shall be subiect to the applicable regulations of the Virginia Department of Health or the State Water Control Board. I. The Health Department shall be permitted to enter the property to inspect such system and to determine whether such system is installed, operated and maintained in accordance with this section and such agreement J. F ailure to comply with the provisions of this section are violations of this ordinance subiect to the penalties and other remedies provided herein. S 161 - 201.11 Fees. The County shall establish, set and charge such fees as it deems necessary and reasonable to defray the cost of permits, licenses and/or inspections as are required to be issued and/or conducted under this chapter. ,. • Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 __ • Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 339 ARTICLE III Part 301- Wastewater Discharge [Amended 9 -26 -1990) m-5. 161 - 301.01 Purpose. The purpose of this Article is to regulate, limit and restrict discharge to the sanitary sewer system of the Frederick County Sanitation Authority and thereby protect such sanitary sewer system and the wastewater treatment facilities of the Frederick - Winchester Service Authority and the health of the citizens of Frederick County, X 161- 301.02 Discharge into sanitary sewer. No person shall discharge into the sanitary sewer system or sewer's tributary to the sanitary sewer system of the Frederick County Sanitation Authority or to the trunk lines and treatment plants of the Frederick - Winchester Service Authority, except in accordance with the rules and regulations of the Frederick County Sanitation Authority and Frederick - Winchester Service Authority regulating, limiting and restricting such discharge. §' � 161 - 301.03 Disposition of wastewater from plumbing fixtures. It shall be unlawful for any person to allow the wastewater from any sink, bathtub or any other plumbing fixtures of any nature to run or drain onto the surface of the ground. All such wastewater shall be discharged into a drain tile and stone ditch and pit, as directed by the Health Department. ARTICLE VI Part 401- Enforcement, Violations and Penalties §161 8. Violations and Penalties-. § 161 - 401.01 Maintenance of alternative onsite sewage systems, civil penalties. A. In accordance with j $ 15.2 -2157 of the Code of Virginia, the owner of property on which is located an alternative onsite sewage system is subiect to civil penalties for violations of Section 161 - 201.10 of this Code, as follows: Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 _ - MIM 3EMPM I NO MIN. 911111h IN W'. 111111 1 ARTICLE III Part 301- Wastewater Discharge [Amended 9 -26 -1990) m-5. 161 - 301.01 Purpose. The purpose of this Article is to regulate, limit and restrict discharge to the sanitary sewer system of the Frederick County Sanitation Authority and thereby protect such sanitary sewer system and the wastewater treatment facilities of the Frederick - Winchester Service Authority and the health of the citizens of Frederick County, X 161- 301.02 Discharge into sanitary sewer. No person shall discharge into the sanitary sewer system or sewer's tributary to the sanitary sewer system of the Frederick County Sanitation Authority or to the trunk lines and treatment plants of the Frederick - Winchester Service Authority, except in accordance with the rules and regulations of the Frederick County Sanitation Authority and Frederick - Winchester Service Authority regulating, limiting and restricting such discharge. §' � 161 - 301.03 Disposition of wastewater from plumbing fixtures. It shall be unlawful for any person to allow the wastewater from any sink, bathtub or any other plumbing fixtures of any nature to run or drain onto the surface of the ground. All such wastewater shall be discharged into a drain tile and stone ditch and pit, as directed by the Health Department. ARTICLE VI Part 401- Enforcement, Violations and Penalties §161 8. Violations and Penalties-. § 161 - 401.01 Maintenance of alternative onsite sewage systems, civil penalties. A. In accordance with j $ 15.2 -2157 of the Code of Virginia, the owner of property on which is located an alternative onsite sewage system is subiect to civil penalties for violations of Section 161 - 201.10 of this Code, as follows: Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 MIM ARTICLE III Part 301- Wastewater Discharge [Amended 9 -26 -1990) m-5. 161 - 301.01 Purpose. The purpose of this Article is to regulate, limit and restrict discharge to the sanitary sewer system of the Frederick County Sanitation Authority and thereby protect such sanitary sewer system and the wastewater treatment facilities of the Frederick - Winchester Service Authority and the health of the citizens of Frederick County, X 161- 301.02 Discharge into sanitary sewer. No person shall discharge into the sanitary sewer system or sewer's tributary to the sanitary sewer system of the Frederick County Sanitation Authority or to the trunk lines and treatment plants of the Frederick - Winchester Service Authority, except in accordance with the rules and regulations of the Frederick County Sanitation Authority and Frederick - Winchester Service Authority regulating, limiting and restricting such discharge. §' � 161 - 301.03 Disposition of wastewater from plumbing fixtures. It shall be unlawful for any person to allow the wastewater from any sink, bathtub or any other plumbing fixtures of any nature to run or drain onto the surface of the ground. All such wastewater shall be discharged into a drain tile and stone ditch and pit, as directed by the Health Department. ARTICLE VI Part 401- Enforcement, Violations and Penalties §161 8. Violations and Penalties-. § 161 - 401.01 Maintenance of alternative onsite sewage systems, civil penalties. A. In accordance with j $ 15.2 -2157 of the Code of Virginia, the owner of property on which is located an alternative onsite sewage system is subiect to civil penalties for violations of Section 161 - 201.10 of this Code, as follows: Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 340 1. Failure to procure an annual inspection report in accordance with Section 161- 20130C — $100 for an initial summons and $150 for each additional summons. 2. Failure to provide an annual inspection report in accordance with Section 161 - 201.1OD — $100 for an initial summons and $150 for each additional summons. 3. Failure to establish or maintain a relationship with an approved operator or provide the operator's name and license number to the Health Department in accordance with Section 161- 201.IOE— $100 for an initial summons and $150 for each additional summons. 4. Failure to keep at the property a copy of the operation and maintenance log provided by the designated operator in accordance with 161- 201.IOF— $100 for an initial summons and $150 for each additional summons. 5. Failure to obtain the approval of the Health Department for any modification, alteration of expansion of such system in accordance with Section 161- 201.1OG — $100 for an initial summons and $150 for each additional summons. 6. Failure to repair or replace a failing system in accordance with Section 161 - 201.IOH— $100 for an initial summons and $150 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10 -day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding a total of $3,000. If the violation is not abated after the imposition of the maximum fine, the locality may pursue other remedies as provided by law. Designation of these particular ordinance violations for a civil penalty are in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, and dangerous diseases. The Health Department may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Treasurer of Frederick County, Virginia prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation, the locality shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding. B. In addition to the enforcement of the penalties provided in this section, the Health Department may bring a civil action for iniunction, abatement or any other legal or equitable remedy to prevent, enioin, abate or remove a violation of the provisions of this ordinance or any agreement under Section 165 - 401.02. -17. 161 - 401.02 Violations and penalties. A. Any person, user, firm or corporation, whether a principal, agent, employee or otherwise, who violates or causes or permits the violation of any of the provisions of this chapter or who is found to have violated any order of the Frederick - Winchester Service Authority or the Frederick County Sanitation Authority or who has willfully or negligently failed to comply with any provisions of this Chapter or the orders, rules, regulations and permits issued hereunder shall be guilty of a misdemeanor and subject to maximum fine of two thousand five hundred dollars ($2,500) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment, for each offense. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 341 B. In addition to the penalties provided herein, reasonable attorney's fees, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder may be recovered. C. If the violation is found to be willful or deliberate or is continued beyond a reasonable time allowed by the Health Department for corrections, each day such violation shall continue shall be considered a separate offense. This ordinance shall be in effect on the day of adoption. Passed this 24 day of February, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board adopted the Chapter 161 — Proposed Frederick County fee schedule. Chapter 161 — Proposed Frederick County Fees 1. Permanent Pump and Haul Permit (Board of Supervisors review /approval) a. Residential Pump and Haul ...................... ..............................$ 50.00 b. Commercial/Non Residential Pump and Haul ...... ........................$500.00 2. License Fees a. Installation License ...... ............................... ........................$300.00 b. Septic Haulers Permit ... ............................... ........................$200.00 3. 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 Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — HISTORIC AREA (HA) OVERLAY ZONE. (POSTPONED FROM JANUARY 13, 2010 BOARD MEETING.) — (RESOLUTION #053 -10) - FORWARDED TO PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that the Board, at their December 9, 2009 meeting, discussed revisions to the HA Historic Overlay Zone (HA Zone). The proposed revisions included amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration section. The primary change is the introduction of the proposed construction Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 342 guidelines. These guidelines address the historical era, scale of the project, screening of mechanical equipment and dumpsters, signage, and provides for more flexible parking standards. During the Board's discussion, concerns were raised about the level of control the Historic Resources Advisory Board (HRAB) was provided. Staff briefly outlined the HRAB's duties. She noted the HA Zone is a voluntary zone and there is currently only one area in the county with this overlay. The HRAB does have a large amount of involvement with the HA Zone, but the Board of Supervisors has the ultimate control as specified in the administration portion of the ordinance. If the HRAB were to disapprove any application to construct, alter, relocate, or demolish a site within the HA Zone, the applicant has the ability to appeal that denial to the Board of Supervisors. The Board could choose to agree with the HRAB's denial or overturn the denial and approve the request. She concluded by saying staff was seeking direction from the Board of Supervisors on this proposed text amendment. Supervisor DeHaven referred to page 5, item E and asked why the curb and gutter requirement was removed. Senior Planner Perkins responded this provision would allow a lot to fit into the historic nature of a site. Supervisor DeHaven responded there are instances where storm water management is required and he would hate to see us eliminate them totally. He then referred to page 6, item D and asked if a fee schedule was included in this amendment. Senior Planner Perkins responded no. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board sent this item forward for public hearing and to include input from the committee and Public Works regarding the occasional curb and gutter requirement and to include a fee schedule. Supervisor Fisher agreed with Supervisor DeHaven regarding curb and gutter. He went on to say this is an opportunity to look at storm water issues and this is an excellent suggestion to look at this issue. WHEREAS, the Frederick County Board Planning Department has been directed to prepare revisions to Chapter 165, Zoning, concerning the HA Historic Area Overlay Zone to include amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration process. WHEREAS, the Historic Resources Advisory Board (HRAB) recommended approval of this amendment on September 15, 2009; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on October 22, 2009; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 343 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 concerning the HA Historic Area Overlay Zone to include amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration section and forward a recommendation to the Board of Supervisors. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission hold a public hearing to consider revisions to Chapter 165, Zoning concerning the HA Historic Area Overlay Zone to include amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration section and forward a recommendation to the Board of Supervisors. Passed this 24 day of February, 2010 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 Aye Gary A. Lofton Aye MEMORANDUM AND RESOLUTION 0- 054 -10) RE: URBAN DEVELOPMENT AREAS AND STATE CODE REQUIREMENTS — APPROVED CERTIFICATION RESOLUTION Planning Director Eric Lawrence appeared before the Board regarding this item. He informed the Board that the General Assembly adopted legislation that requires any County with a zoning ordinance and either a population growth rate of 15% or more in 1990 -2000 or a population of at least 20,000 during the year 2000, and a 1990 -2000 population growth rate of 5% or more to incorporate Urban Development Areas into their comprehensive plans by July 1, 2011. He noted Frederick County is a qualifying jurisdiction and must incorporate the UDA into the Comprehensive Plan. He went on to say that staff believes our 2007 Comprehensive Policy Plan meets the intent of the State's UDA requirement and it would be appropriate for the Board to adopt a resolution to certify compliance with Virginia Code § 15.2- 2223.1. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board adopted the resolution to certify compliance with the Code of Virginia urban development area requirements. WHEREAS, on July 1, 2007, Section 15.2- 2223.1 of the Virginia Code became effective and requires an County that has adopted zoning pursuant to Article 7 (§ 15.2 -2280) of Chapter 22 of Title 15.2 of the Code of Virginia and that has a population growth rate of 15 percent of more in 1990 -2000, to amend its comprehensive plan to incorporate one or more urban development areas or to adopt a resolution certifying that its plan accommodates growth in a manner consistent with § 15.2- 2223.1; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 344 WHEREAS, the latest decennial census (2000) reported population of Frederick County was 59,209, and the 1990 -2000 growth rate was 29.5 %; and WHEREAS, Virginia Code §15.2- 2223.1 requires that the County's Comprehensive Plan shall further incorporate principles of new urbanism and traditional neighborhood development, which may include but need not be limited to (i) pedestrian- friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed -use neighborhoods, including mixed housing types, (vii) reduction of front and side yard building setbacks, and (viii) reduction of subdivision street widths and turning radii at subdivision street intersections; and WHEREAS, Urban Development Areas are required to be sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least ten but not more than 20 years; and WHEREAS, based on an analysis of potential development that can be sustained under the guidelines of the County's 2007 Comprehensive Policy Plan and its supplements, existing development interest, development characteristics of projects currently under construction, and characteristics of projects approved by the Board of Supervisors, the population forecast for Frederick County of 95,000 in 2020 and 115,000 in 2030 (by the Weldon Cooper Center for Public Service), could be accommodated within the designated UDA; and WHEREAS, the County's comprehensive policy plan's Urban Development Area is designed to provide for the efficiency and effective provision of public services; and WHEREAS, the County's Board of Supervisors finds that the 2007 Comprehensive Policy Plan, and its supplements, together with its Zoning Ordinance incorporates principles of new urbanism and traditional neighborhood development, that encourage mixed -use development that promotes pedestrian- oriented design in an Urban Development Area containing provisions for urban centers and neighborhood villages; THEREFORE, the Frederick County Board of Supervisors hereby determines that the 2007 Comprehensive Policy Plan, and its supplements, accommodates growth in a manner consistent with the requirements for Urban Development Areas, and hereby certifies that Frederick County is in compliance with the Virginia Code Section 15.2- 2223.1. Passed this 24` day of February, 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: ROCK HARBOR AMENDMENT TO THE ROUND HILL LAND USE PLAN — POSTPONED FOR 60 DAYS This item was postponed for 60 days at the request of the applicant. COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 N. Kent Street on Wednesday, February 17, 2010 at 8:00 a.m. Member Stephen Swiger was absent. Item 2 was approved under consent agenda. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 345 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the consent 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 1. The Valley Connector is seeking commitment from the County for matching grant funds in FY 2011. Local funds are required. See attached information, p. 1 -6. The committee recommends postponement until additional information is available regarding other localities' commitments. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,335.95 This amount represents DARE reimbursements. See attached memo, p. 7. — Approved Under Consent Agenda. 3. The Court Services Director requests a Court Services Fund supplemental appropriation in the amount of $3,585 in order to cover an unemployment claim. See attached memo, p. 8. 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 4. The IT Director requests a General Fund supplemental appropriation in the amount of $27,986 for the purchase of an off -site backup system and server room reconfiguration. Local funds are required. See memo, p. 9 -11. The committee recommends approval of $10,529.86 as requested for the server room reconfiguration. - 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 5. The County Administrator requests a General Fund supplemental appropriation in the amount of $50,000 This amount represents funds needed to cover legal expenses and other professional services through year end. Local funds are required. See attached memo, p. 12. 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: Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 346 Richard C. Shickle Christopher E. Collins Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** 1. The Finance Director provides January 31, 2010 financial statements. See attached, p. 13 -17. 2. The Finance Director provides the Fund 10 Transfer report. See attached, p. 18 -20. 3. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 21. 4. The Registrar provides information on a possible upcoming June 2010 Primary election. See attached, p. 22. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #01 -10 FOR SHENANDOAH VALLEY WESTMINSTER - CANTERBURY, FOR AN OFF PREMISE SIGN. THE PROPERTY IS LOCATED AT 1379 NORTH FREDERICK PIKE, AT THE INTERSECTION OF NORTH FREDERICK PIKE (ROUTE 522) AND WESTMINSTER - CANTERBURY DRIVE (ROUTE 1318), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 53A -A -5 IN THE STONEWALL MAGISTERIAL DISTRICT. — POSTPONED UNTIL THE MARCH 10, 2010 MEETING Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for property at 1379 North Frederick Pike in the Stonewall District. The conditional use permit is in response to a zoning violation for an off - premise sign approval with the following conditions: He noted the Planning Commission recommended 1. Sign shall be properly maintained. 2. This illuminated off premises business sign shall not exceed 15 feet in height and 150 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. Zoning Administrator Cheran advised the only change from the prior conditional use permit was the increase in sign size from 50 square feet to 150 square feet. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 347 Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board postponed action on this item until the next meeting. 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 PUBLIC HEARING - 2010 - 201 CAPITAL IMPROVEMENTS PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS A INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF TH E COMPREHENSIVE POLICY PLAN. — RESOLUTION #057 -10) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the 2010 -2011 Capital Improvements Plan contains 73 projects and has been reviewed and endorsed by the Planning Commission. Chairman Shickle asked how well this process was working, from a timing basis, for transportation projects. Supervisor DeHaven stated this plan accomplished an important goal, but the timing and funding is hard to pin down. Supervisor Lofton asked if we were being disingenuous by approving this list of because he did not see $50 million lying around to pay for all of these projects. He asked if the projects could just be listed without being in a five year plan or assigning years to them. Supervisor DeHaven stated that was a valid question. We do this because it is a planning tool and the Code of Virginia requires it. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the 2010 -2011 Capital Improvements Plan (CIP). WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed 2010 -2011 Capital Improvements Plan (CIP) for Frederick County on February 3, 2010; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 348 WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on February 3, 2010 and determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on February 24, 2010; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2010 -2011 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 24 day of February, 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 Chairman Shickle appointed Supervisors Lofton and DeHaven to a subcommittee committee to work with staff regarding the Capital Improvements Plan (CIP) approach. PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 102 AMENDMENTS, 165- 102.05 IMPACT ANALYSIS; CHAPTER 165 ZONING ARTICLE VIII 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; AND CHAPTER 144 SUBDIVISION OF LAND ARTICLE IV SUBDIVISION REVIEW PROCEDURES 144.12 SUBDIVISION DESIGN PLAN — REVISIONS TO THE FREDERICK COUNTY ORDINANCE TO ADD REFERENCES TO THE TRAFFIC IMPACT ANALYSIS (TIA) STANDARDS FOR THE REZONIN MASTER DEVELOPMENT PLAN, SITE PLAN AND SUBDIVISION DESIGN PLAN SECTIONS OF THE ORDINANCE. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff drafted revisions 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 She concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 349 Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code Chapter 165, Zoning, Article I — General Provisions, Amendments, and Conditional User Permits, Part 102 — Amendments, 165- 102.05 Impact Analysis; Article VIII — 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; Reviews; Chapter 144, Subdivision of Land, Article VI — Subdivision Review Procedures, 144.12 — Subdivision Design Plan. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article I — General Provisions, Amendments, and Conditional User Permits, Part 102 — Amendments, 165- 102.05 Impact Analysis; Article VIII — 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; Reviews; Chapter 144, Subdivision of Land, Article VI — Subdivision Review Procedures, 144.12 — Subdivision Design Plan, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 3, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on February 24, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article I — General Provisions, Amendments, and Conditional User Permits, Part 102 — Amendments, 165- 102.05 Impact Analysis; Article VIII — 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; Reviews; Chapter 144, Subdivision of Land, Article VI — Subdivision Review Procedures, 144.12 — Subdivision Design Plan is revised. This amendment shall be in effect on the day of adoption. Passed this 24 day of February, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Nay Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10 350 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. 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. (8:30 P.M.) Richard C. Shickle Chairman, Board of Supervisors r � John R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: <�, �_- , � �-� Jay T' bs Deputy Jerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 02/24/10