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March 24 2010 Budget Work Session & Regular Meeting363 A Work Session of the Frederick County Board of Supervisors and the Frederick County Finance Committee was held on Wednesday, March 24, 2010, at 6:15 P.M., Board of Supervisors' Meeting Room, County Administration Building, 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; Ellen E. Murphy, Commissioner of the Revenue; Finance Committee member Stephen Swiger; Patricia Taylor, Superintendent of Schools; Al Omdorff, Assistant Superintendent of Administration; Lisa Frye, Executive Director of Finance for Frederick County Public Schools; Dr. John Lamanna, Chairman of the Frederick County School Board; and Peggy Clark, member of the Frederick County School Board. BUDGET WORK SESSION WITH FINANCE COMMITTEE Chairman Shickle called the work session to order and turned the presentation over to County Administrator John R. Riley, Jr. Administrator Riley reviewed the work session agenda, which included an update from Frederick County Public Schools regarding their budget, bringing closure to the issues of the landfill tipping fee rebate, airplane tax, Fire & Rescue Association budget, and he would conclude with setting a date for the public hearing on the budget. Superintendent Patricia Taylor provided the Board with an update since the March 10, 2010 work session. She advised the FY 2011 projected budget shortfall is $3 million. She noted the one time local payment to the Virginia Retirement System has been removed. Looking forward to FY 2012, the projected budget shortfall is $3.1 million. She went on to say the Schools anticipated an increase in the number of students by 126. She informed the Board that the School Board will meet on Friday, March 25, 2010 at 7:30 a.m. to deal with the projected shortfall. She noted the School Board was attempting to have no one lose a job. She asked for the Board's consideration to use a one time debt service credit to replace the roof at Frederick Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 364 County Middle School, upgrade the water treatment plant at Indian Hollow Elementary School, and purchase 7 new school buses. Administrator Riley addressed the issue of the landfill tipping fee rebate. He noted the in the proposed FY 2010 budget, revenue from the tipping fee rebate was budgeted at $5.00 per ton; however, due to a decrease in the waste fee and tonnage, the landfill budget reflected a tipping fee rebate of $3.00 per ton. Administrator Riley noted the $5.00 per ton tipping fee was needed in order to make this budget work. He went on to say staff reviewed the history of the recycling rebate and the landfill's financial standing. The rebate had been increased in the current fiscal year from $3.00 to $5.00. In addition, the Landfill tipping fees were increased starting in the current year's budget for commercial tonnage from $40 to $45 to support this rebate increase. He referred the Board to the Landfill Oversight Committee Report, which stated fund balance was needed to pay for improvements since the revenues have been reduced. While the tonnage has declined, it should be noted that for the past five years, fund balance has been used to fund improvements to the landfill. These funds have been reserved in most cases for that very reason. These amounts have ranged from $251,000 to over $2.6 million annually. It is assumed that the timeline for capital projects can be delayed because of reduced tonnage. Administrator Riley went on to say, currently, the unreserved fund balance at the landfill is equivalent to the general fund balance of $22 million. This amount does not include the $11.5 million that is required to be set aside for landfill closure, nor does it include the approximately $10 million reserved for land acquisition, new development, costs, and equipment. Since the landfill's budget is approximately $6 -7 million annually, the unreserved fund balance equates to over 3 years of annual operating costs for the landfill. Administrator Riley noted continuing the $5.00 per ton rebate to the localities will cost the landfill approximately $300,000 more than the $3.00 per ton rebate that was included in the proposed FY 2011 budget. As mentioned earlier, Frederick County's portion of the rebate would be $200,000. He went on to say it is staff's opinion that this rebate could be funded with the landfill's unreserved fund balance, if necessary. He concluded by saying staff needed the $500,000 to maintain budgeted revenue at presence level. Supervisor Dove advised he was initially opposed to this recommendation when it came before the Landfill Oversight Committee, but after seeing how much is in the landfill fund, it Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 365 shows how well the landfill is being operated. He concluded by saying he did not have heart burn using this money. Chairman Shickle polled the Board regarding the request to utilize the $5.00 tipping fee rebate. Supervisor Lofton was okay with the request. Supervisor DeHaven supported the request. Vice - Chairman Ewing supported the request. Supervisor Dove supported the request as long as this did not become a regular occurrence. Supervisor Fisher supported the request. Supervisor Collins supported the request. Chairman Shickle supported the request. Administrator Riley then discussed the proposed Fire and Rescue Association budget. He advised the Association has come up with an alternate proposal to deal with the proposed cuts. He went on to say they would like to use the $75,000 capital line item to off -set cuts to the volunteer companies. He concluded by saying the Association supports this proposal and he was seeking guidance as to whether or not the Board agrees with this strategy. Chairman Shickle polled the Board to see whether or not they support this proposal. Supervisor Collins supported the proposal. Supervisor Fisher supported the proposal. Supervisor Dove supported the proposal. Vice - Chairman Ewing supported the proposal. Supervisor DeHaven supported the proposal. Supervisor Lofton supported the proposal. Chairman Shickle supported the proposal. Administrator Riley moved on to the airplane tax rate. He provided the Board with a sheet showing tax revenue and fuel sales for 2002 through 2010. Supervisor Fisher stated he was not at the last work session, but was surprised when he returned home to see the proposed tax rate at $0.10/$100 for airplanes over 20,000 pounds. He noted the hangars at the airport are currently full and he did not believe we would be able to keep planes in the county with the $0.10 tax rate. He went on to say that he would like to see it Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 co lowered to $0.01/$100. He suggested trying it for one year and if it did not work then the Board could re- evaluate the rate. Vice - Chairman Ewing stated he liked the $0.10 rate, but he was not opposed to experimenting for one year. Supervisor DeHaven believed the Board needed to give things "a shot" and he was willing to support the $0.01 rate. He went on to say he would support looking at the tax rate on under 20,000 pound aircraft. He suggested cutting it in half to see what happens. Administrator Riley advised that if the Board goes with $0.01 per $100 on over 20,000 pound planes "you are not losing and you stand to gain a lot ". Supervisor Fisher advised the Board needs to look at the tax rate on under 20,000 pound planes at some point. Chairman Shickle polled the Board on lowering the tax rate on planes over 20,000 pounds to $0.01 per $100. Supervisor Lofton could not support the proposal. Supervisor DeHaven supported the proposal. Vice - Chairman Ewing supported the proposal. Supervisor Dove supported the proposal. Supervisor Fisher supported the proposal. Supervisor Collins supported the proposal. Chairman Shickle supported the proposal. Administrator Riley suggested the Board advertise the budget public hearing for their April 14, 2010 meeting. Finance Director Shiffler advised she would have the School's numbers on Monday and the State numbers on Friday. Chairman Shickle stated if there was a need for an additional work session, having one the day before the ad was due to the paper was cutting it too close. Administrator Riley advised if the need for a meeting arose then the public hearing would be postponed until the April 28, 2010 meeting. As far as the need for another meeting, Finance Director Shiffler advised if there were significant changes in the budget information then a meeting would be called. Chairman Shickle closed the work session and the Board recessed until 7:15 p.m. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 367 REGULAR MEETING CALL TO ORDER Chairman's Shickle called the regular meeting to order. INVOCATION Reverend Don DenHartog, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED Administrator Riley offered the following additions to the agenda: - PROCLAMATION — disABILITY AWARENESS WEEK — April 16 -23, 2010, as item number 8 under County Officials; and - PROCLAMATION — APRIL AS FAIR HOUSING MONTH, as item number 9 under County Officials; and - Chapter 161 and 165 — Clarification of Vesting Policies, as item number 5 under Other Planning Items, this includes: o Resolution: Rural Areas Subdivision Sketch Plans; and o Resolution: Vesting Health Department Approvals Pertaining to Reserve Drainfield Areas. Upon a motion by Supervisor Dove, 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 Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for consideration under the consent agenda: - Proclamation Declaring April 11 -17, 2010 as National Telecommunicator's Week — Tab C; - Request for Installation of "Watch for Children" Signs — Shawnee Village — Tab E; - Proclamation — disABILITY AWARENESS WEEK — April 16 -23, 2010 — County Officials Item #8; - Proclamation — APRIL AS FAIR HOUSING MONTH — County Officials Item #9; - Parks and Recreation Commission — Tab J; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 �i - Landfill Oversight Committee — Tab K. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING PUBLIC HEARING - FISCAL YEAR 2010 -2011 TAX RATES — TAX RATES APPROVED AS AMENDED Administrator Riley read the following proposed tax rates for fiscal year 2011 -2012: • 51 cents per $100 of assessed value to be applied to real estate, including mobile homes • $4.86 per $100 of assessed value to be applied to personal property • $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department • 42 1 /2 cents per $100 to be applied to airplanes with a gross weight of less than 20,000 GV W and a rate of 42 1 /2 cents per $100 to be applied to airplanes with a gross weight of greater than 20,000 GVW • Zero tax to be applied to antique vehicles • $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract classified vehicles. The declining values are 60% for the first year, 50% for the second year, 40% for the third year, and 30% for the fourth year and beyond. The Business and Professional Occupational License rates are as follows: • retail 20 cents per $100 of gross receipts • contractors 16 cents per $100 of gross receipts • professional services 58 cents per $100 of gross receipts • repair, personal, and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts • wholesale 5 cents per $100 of purchases • meals tax at 4% of gross receipts • transient occupancy tax at 2% of gross receipts County vehicle license are at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $45 per ton for commercial /industrial; $42 per ton for construction demolition debris; $12 per ton for municipal waste and $24 per ton for municipal sludge. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 369 The Shawneeland Sanitary District Taxes are as follows: $180 per lot for unimproved lots; $450 per lot for improved lots; $180 per lot for unimproved lots for external users; $450 per lot for improved lots for external users. The Star Fort Subdivision Taxes /Fees are $60 per lot. Chairman Shickle convened the public hearing. David Pugh, Laura Stewart, and Caitlin Lee, Government 12 Service Learning students from James Wood High School, appeared before the Board and asked them to give consideration to raising taxes next year. They provided information as to the projected revenue the County could recognize from a $0.01 tax increase. In addition, they showed a chart illustrating the average income for Frederick County and surrounding jurisdictions and the respective real estate tax rate for each. They concluded by thanking the Board for the opportunity to speak. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reduced the tax rate on airplanes with a gross weight of greater than 20,000 GVW from 42 ' / 2 cents per $100 to 1 cent per $100. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Nay Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board adopted the FY 2010 -2011 Tax Rates with the adjustment to the tax rate on airplanes with a gross weight greater than 20,000 GVW. WHEREAS, a notice of public hearing on the 2010 tax rate has been published and a public hearing held on March 24, 2010. THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the tax rates for the 2010 assessment year as advertised in The Winchester Star on March 15, 2010, be hereby approved as follows: ■ 51 cents per $100 of assessed value to be applied to real estate, including mobile homes ■ $4.86 per $100 of assessed value to be applied to personal property Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 3To ■ $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department ■ 42 '/z cents per $100 to be applied to airplanes with a gross weight of less than 20,000 GVW and a rate of 1 cent per $100 to be applied to airplanes with a gross weight of greater than 20,000 GV W ■ Zero tax to be applied to antique vehicles ■ $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract classified vehicles. The declining values are 60% for the first year, 50% for the second year, 40% for the third year and 30% for the fourth year and beyond. The Business and Professional Occupational License rates are as follows: ■ retail 20 cents per $100 of gross receipts ■ contractors 16 cents per $100 of gross receipts ■ financial, real estate and professional services 58 cents per $100 of gross receipts ■ repair, personal and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts ■ wholesale 5 cents per $100 of purchases ■ Meals tax at 4% of gross receipts ■ Transient Occupancy tax at 2% of gross receipts County vehicle license are at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: ■ $45 per ton for commercial /industrial; ■ $42 per ton for construction demolition debris; ■ $12 per ton for municipal waste ■ $24 per ton for municipal sludge. The Shawneeland Sanitary District taxes are as follows: ■ $180 Unimproved Lots ■ $450 Improved Lots ■ $180 Unimproved — External Users ■ $450 Improved — External Users Star Fort Subdivision Taxes /Fees are as follows Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 371 ■ $60 Per Lot The local tax for Enhanced 911 Service will continue to be at a set rate of $1.60. THEREFORE BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, will adopt a resolution appropriating the fiscal year 2010 -2011 budget prior to June 30, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the February 24, 2010 Budget Work Session and Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the March 10, 2010 Budget Work Session and Regular Meeting with a correction to page 1 to reflect Supervisor Fisher's absence. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Abstain Gary A. Lofton Aye COUNTY OFFICIALS PROCLAMATION ( #002 -10) DECLARING APRIL 11 -17, 2010 AS NATIONAL TELECOMMUNICATOR'S WEEK — APPROVED UNDER CONSENT AGENDA Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 372 WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 11 -17, 2010 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 24th day of March, 2010. This item was approved under the consent agenda. COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS — SHAWNEE VILLAGE — (RESOLUTION #062 -10) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1 -210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Nature Drive (Route 1467), Paradise Court (Route 1468), and Legacy Court (Route 1469) are located in a residential area, are within the secondary road system, and are a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Nature Drive (Route 1467), from Tasker Road (Route 642) to Paradise Court (Route 1468), a distance of 0.11 miles; Nature Drive (Route 1467) from Paradise Court (Route 1468) to Legacy Court (Route 1469), a distance of 0.05 miles; Nature Drive (Route 1467) from Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 373 Legacy Court (Route 1469) to 0.06 miles northwest of Route 1469; Paradise Court (Route 1468) from Nature Drive (Route 1467) to 0.19 miles northwest of Route 1467; and Legacy Court (Route 1469) from Nature Drive (Route 1467) to 0.03 miles northeast of Route 1467. The signs should be placed in accordance with the provisions of Section 33.1 -210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 24 ffi day of March, 2010. This item was approved under the consent agenda. CORRESPONDENCE AND RESOLUTION ( #063 -10) FROM WINCHESTER AND WESTERN RAILROAD RE: RAIL PRESERVATION APPLICATION - APPROVED Administrator Riley advised the Winchester & Western Railroad Company was seeking Frederick County's support for their application for financial assistance for rehabilitation of certain local rail lines. No local funding is being requested. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the following resolution: WHEREAS, the WINCHESTER & WESTERN RR has filed an application with the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION for safety and improvement projects; and WHEREAS, the identified improvement projects are estimated to cost $3,423,964.00; and WHEREAS, the General Assembly, has approved funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commodities; and WHEREAS, THE COUNTY OF FREDERICK supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has established procedures for all allocation and distribution of the funds provided. NOW, THEREFORE, BE IT RESOLVED that THE COUNTY OF FREDERICK does hereby request the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $3,423,964.00 in FREDERICK COUNTY. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 374 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. The Makar Company, LLC in the amount of $6,190.00; Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the refund to The Makar Company, LLC. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Winchester Homes Inc. in the amount of $10,454.53; Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund to Winchester Homes, Inc. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. Power Solutions LLC of VA in the amount of $3,763.42; and Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund to Power Solutions LLC of VA. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. Valley Sweepers, Inc. in the amount of $3,045.91. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 375 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund to Valley Sweepers, Inc. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #064 -10) OF SUPPORT RE: NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION GOOGLE BROADBAND INITIATIVE - APPROVED Assistant County Administrator Kris Tierney advised this was a resolution of support for the Northern Shenandoah Valley Regional Commission's application for an ultra -high speed broadband network pilot through the Google Fiber for Communities fiber optic trial program. Planning and Winchester /Frederick Economic Development Commission staffs will be assisting the Commission in preparing this application for submittal. He went on to say staff was seeking approval of this resolution as documented community support/interest in this project is one of the criteria Google will use to evaluate applications. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution of support. WHEREAS, Frederick County desires to provide high quality community facilities and services to County residents and businesses, and; WHEREAS, high speed broadband internet accessibility is a significant component of strong and vibrant communities and regions, and; WHEREAS, access to broadband is necessary to strengthen our community and our economy, and; WHEREAS, Frederick County presently lacks adequate broadband coverage, and; WHEREAS, Frederick County is participating with the Northern Shenandoah Valley Regional Commission in the development and implementation of a regional broadband strategy, and; WHEREAS, the Northern Shenandoah Valley Regional Commission is pursuing an ultra -high speed broadband network pilot project through the Google Fiber for Communities program. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors supports cooperation between the Northern Shenandoah Valley jurisdictions in pursuit of the Google Fiber for Communities fiber optic trial program and endorses the regional application submitted by the Northern Shenandoah Valley Regional Commission. ADOPTED this 20 day of March, 2010. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 3Y6 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM PARKS AND RECREATION DIRECTOR TO SCHEDULE PUBLIC HEARING DATE RE: DOGWOOD VILLAGE EASEMENT REQUEST — AUTHORIZED PUBLIC HEARING Administrator Riley advised the Parks and Recreation Commission recommended at their July 21, 2009 meeting the Board of Supervisors conduct a public hearing on and approve, following the public hearing, the conveyance of an easement on approximately 2,762 square feet. This square footage is located on parcel 86 -A -135. He went on to say, as per the Parks and Recreation Policy, the request was approved by the Department of Conservation and Recreation and the requestor will compensate the County $207.15, which is 25% of the appraised value. He concluded by saying staff is requesting the Board schedule this matter for public hearing at the next available meeting. Supervisor Lofton inquired why the proposed easement area was so large. Parks and Recreation Director Jason Robertson responded he was unsure, but would find out. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved sending this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PROCLAMATION 0003 -10) — DISABILITY AWARENESS WEEK APRIL 16 -23, 2010 — APPROVED UNDER CONSENT AGENDA WHEREAS, the United States Congress enacted the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public accommodations, transportation and telecommunications; and WHEREAS, the Commonwealth of Virginia enacted the Virginians with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy of this Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 377 WHEREAS, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and WHEREAS, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, enjoy self determination, make choices, contribute to society and participate fully in the American experience; and WHEREAS, family, friends and neighbors play a central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and family, accommodating employers and community leaders who are aware of the needs and abilities of Virginians with disabilities; and WHEREAS, millions of people in the United States have disabilities, and with the increasing age of our population, Virginians and Americans must learn more about the special needs and abilities of this growing population; and WHEREAS, agencies and organizations throughout Virginia participate in disability awareness programs during disAbility Awareness Week to enhance public understanding of and appreciation for the limitations and abilities of people living with disabilities. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week of April 16 -23, 2010 as disABILITY Awareness Week and calls this observance to the attention of all our citizens, and urge all residents to honor this occasion. ADOPTED this 24th day of March, 2010. This item was approved under the consent agenda. PROCLAMATION 0004 -10) —APRIL AS FAIR HOUSING MONTH — APPROVED UNDER CONSENT AGENDA WHEREAS, April 11, 2010 marks the 42 anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, The Northern Shenandoah Valley Regional Commission and the County of Frederick, Virginia, are committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE, the Board of Supervisors of the County of Frederick, Virginia, do hereby resolve that April 2010, being Fair Housing Month, begins a year -long commemoration of the U.S. Fair Housing Law in Frederick County and urge all citizens to wholeheartedly recognize this celebration throughout the year. APPROVED this 24th day of March, 2010. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 16, 2010. Members present were: Charles Sandy, Jr., P.W. Hillyard, III, Ronald Madagan, Gary Longerbeam, Jeffrey Butler, and Christopher Collins. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 373 Items Requiring Board of Supervisors Actio 1. None Submitted for Board Information Only 1. July 4 th Celebration — Mr. Sandy moved to charge $5.00 per car to enter the July 4th Celebration unless the department receives donations to offset expenses, second by Mr. Madagan, carried unanimously (5 -0). Standing Committee Reports 1. Co- Sponsor Policy — The Executive Committee recommended the Co- Sponsor Policy be revised as follows: Under a co- sponsorship agreement, FCPRD shall provide the following services where possible: b. Facilities for holding meetings and activities. C. The facility fee will be waived for all Frederick County residents in the co- sponsored organization if donated by the Board of Supervisors in the annual fiscal budget. Each organization will pay the facility fee associated with non - Frederick County resident participants. 17. Provide FCPRD the number of participants by residence at the beginning and conclusion of each season. If requested, provide FCPRD a list of all participants and their residence for the season requested. Second by Mr. Madagan, carried unanimously (5 -0). LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, March 4 2010, at 8:00 a.m. All committee members were present except Winchester representatives, James R. O'Connor, Evan Clark and Jeffrey B. Buettner. It should be noted that Tom Hoy attended the meeting on behalf of James O'Connor. The following items were discussed: ** *Items Not Requiring Action * ** 1. Project Updates a. Co- Generation Facility: The construction of the new co- generation gas to electric facility is on schedule. The two, one megawatt generators have been ordered and should be installed on or before September 30, 2010. The contractor, SCS Filed Services, plans to mobilize on or about the first of April 2010 to begin the site construction. In the interim, the landfill staff has begun the process of developing a Request for Proposals to establish rates for the sale of the generated power. b. New Scalehouse: The new scalehouse with dual, automated scales has been completed and is functioning as designed. The new scale facilities will allow landfill staff to weigh incoming and outgoing vehicles at the same time. Staff is pursuing a remote readout terminal which will expedite the weighing process and recording of each weigh ticket. c. New Truck Wash: The construction of the new truck wash system which will virtually eliminate the offsite tracking of mud is almost complete. We are waiting for Allegheny Power to run power to the site. The installation of a well and paving will then complete the project. d. New Entrance Sign: The landfill staff presented three (3) alternative sign designs to be installed at the entrance to the landfill. After discussing these designs, the committee suggested that an additional electronic sign should be considered on the landfill side of Sulphur Spring Run adjacent to the entrance road. This sign would serve as a message board to inform the public of upcoming special events, holiday closings and hours of operations. Staff will Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 379 investigate this option and resubmit the sign alternatives for the committee's review at the next scheduled meeting. 2. Possible Revision to Special Use Permit on Landfill's Clarke County Property The Landfill Manager, Steve Frye, indicated that the landfill's property located in Clarke County and formerly known as the Riley farm has been used for training by local law enforcement and fire and rescue organizations. This use was not included in the original special use permit (SUP) approved by the Clarke County Board of Supervisors. In order to accommodate this use, it would be necessary to revise the SUP. After discussing this issue in detail, the committee recommended that each municipality involved in the landfill canvas their respective law enforcement and fire and rescue organizations to determine the need and frequency of use before proceeding with a request to revise the SUP. The following personnel were assigned to perform this task: Dave Ash, Clarke County, Tom Hoy, City of Winchester and Steve Frye, Frederick County. The results should be forwarded to Ed Strawsnyder on or before April 1, 2010 so that they can be compiled for presentation to the committee. 3. Proposed Budget for Fiscal Year 2010/2011 Staff presented a proposed budget of $7,366,729 for Fiscal year 2010/2011. Of this amount, staff is estimating revenues of $6,137,000. The remainder will be derived from the landfill reserve fund. Major expenditures in this budget include the following: a new 826 trash compactor ($675,000), completion of a ten (10) acre closure project, ($1,000,000), hauling contract for leachate collection aggregate, ($600,000) and a remediation project to prevent infiltration of stormwater ($300,000). During the discussion of the budget, staff highlighted the fact that waste flows have substantially decreased from Fiscal Year 2005/2006 (32 percent). Consequently, revenues from these waste flows have also been reduced requiring the use of retained earnings (fund balance) to pay for needed improvements. However, because of the poor economy, the staff has maintained the very low municipal tipping fee of $12 per ton and continues to provide reimbursements (rebates) to the localities for use in their recycling and solid waste programs. Following the meeting, John Riley recommended that the municipal rebate be increased from $3 per ton to $5 per ton. This change would increase the total expenditure from $450,000 as presented in the budget to $750,000 based on an estimated tonnage of 150,000 tons. In an effort to maintain the same budget total, staff recommends reducing the leachate aggregate hauling contract from $600,000 to $300,000. Subsequently, the committee members and/or a member represented at the meeting were informed of this change with the following comments: John Riley, Dave Ash, and Jim O'Connor supported the change. Gary Dove and Stan Crockett disapproved of the change. Because the majority of these members approved the increase, it has been reflected in the proposed budget which will be submitted to the finance committee. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 N. Kent Street on Wednesday, March 17, 2010 at 8:00 a.m. A Board of Supervisors' budget work session with the Finance Committee immediately followed. Items 1 and 3 were approved under consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 380 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,000 This amount represents funds allocated by the Electronic Crimes Task Force to the County in order to fight electronic crimes. See attached memo, p. 1. — Approved Under Consent Agenda. 2. The Registrar requests a General Fund supplemental appropriation in the amount of $26,421.50 in order to conduct the June 2010 Primary election. Local funds are required. See attached memo, p. 2 -3. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request. Supervisor Collins stated the two political parties are costing tax payers $13,000 per primary. He noted there were other ways to handle the candidate selection process without costing the taxpayers. The above request was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. The Planning Director requests a General Fund supplemental appropriation in the amount of $2,367.55 This amount represents DHCD grant funds received to assess the merits of developing a community service facility. No local funds required. See attached memo, p. 4 -6. — Approved Under Consent Agenda. 4. The Parks & Recreation Department is requesting a General Fund supplemental appropriation in the amount of $10,000 This amount represents funds received from NVR Homes for Dogwood Village. This request is to replace the Abex/Ruritan picnic shelter playground. No local funds required. See attached memo, p. 7. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the above request by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Information Only * ** p. 8 -12. 1. The Finance Director provides February 28, 2010 financial statements. See attached, 2. The Finance Director provides the Fund 10 Transfer report. See attached, p. 13 -16. 3. The Finance Director provides the February 2010 Unreserved Fund Balance report. See attached memo, p. 17. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 381 4. The Finance Director provides the Notice of Public Hearing for the Proposed Tax Rates for the 2010 Assessment Year. See attached memo, p. 18 RECOGNITION OF BOY SCOUT TROOP 46 Chairman Shickle took a minute to recognize the leader and members of Boy Scout Troop 46 from Emmanuel United Methodist Church in Stephenson. Their leader Doug Cochran advised the scouts were working on the citizenship badge. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - 2007 COMPREHENSIVE POLICY PLAN AMENDMENT — EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN AND NORTHEAST LAND USE PLAN — MODIFICATIONS TO THE DEVELOPMENTALLY SENSITIVE AREAS (DSA) DESIGNATION IN THE VICINITY OF ROUTE 11 NORTH, TO INCLUDE THE REMOVAL OF AREAS OF DSA AND TO REFLECT RECENTLY APPROVED DEVELOPMENT PROJECTS. (POSTPONED BY PLANNING COMMISSION AT MEETING OF MARCH 17, 2010.) — REMOVED FROM AGENDA Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board removed this item from the agenda, as it had been postponed by the Planning Commission. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS 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 -112Q, 54 -A- 112D, AND 54- A -112P. (VOTE POSTPONED FROM JANUARY 13, AND FEBRUARY 24, 2010 BOARD MEETINGS.) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Board previously heard this item and conducted a public hearing. Action was postponed to give the applicant an opportunity to work with the Frederick County School Board and its Buildings and Grounds Committee regarding a right -of -way dedication across the Dowell J. Howard property. He reminded the Board this was a proposal to rezone 1.26 acres from RP Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 382 (Residential Performance) District to B2 (General Business) District, with proffers. This property is located adjacent to the Walgreen's property. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved rezoning #07 -09. WHEREAS, Rezoning #07 -09 for 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 dated December 5, 2008 and last revised on January 12, 2010, for Commercial Uses, was considered. 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-1 12Q, 54- A -112D, and 54- A -112P. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2009 and a public meeting on December 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 13, 2010 and a public meeting on March 24, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, for Commercial Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 24`" day of March, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — TRUCK AND TRAILER PARKING IN THE B3/M1 AND M2 DISTRICTS. — (RESOLUTION #065 -10) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to include tractor truck and trailer parking in the M1 (Light Industrial) and M2 (Industrial General) zoning districts. The request was to allow a parking area to store trucks and trailers for an extended period of time as a primary use. Currently, this use is not a permitted primary use. She went on to say the proposed amendment prepared by staff would only allow truck and trailer parking as a primary use in the B3 (Industrial Transition), M1 (Light Industrial), and M2 (Industrial General) zoning districts with a conditional use permit. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 383 The conditional use permit option was included because it would allow the Board to permit the use in appropriate locations and not erode desirable industrial locations and would allow the revocation of the use if the site was being used improperly. Supplementary use regulations in the form of required conditions for the permit have also been included. She went on to say the Planning Commission expressed concern over the permanent storage of trailers, the storage of unlicensed trailers and cargo containers. She concluded by saying staff was seeking comments and direction from the Board regarding this item. Supervisor Lofton asked if there would be any advertising on the sides of the trailers. Senior Planner Perkins responded they would be classified as signs. Supervisor Lofton expressed concern about the use of gravel only in the trailer parking lot. He said he would like to see a different material used. Chairman Shickle stated he would like to get some input on the proposed materials before going that way. Supervisor Fisher stated he did not want to use M1 or M2 zoned property for trailer parking. Supervisor DeHaven stated there was a need for this and he was supportive. He also believed the conditional use permit gives the Board control. Concern was expressed by the Board about mud leaving the site and they would like to have that issue dealt with. Supervisor Collins advised staff that he would like to see inoperable vehicles and damaged trailer language tightened up. He noted that the term damaged trailer seems very vague. Senior Planner Perkins responded staff would look into it more. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board forwarded this item to public hearing with the amendments as suggested. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning to add Tractor Truck and Tractor Truck Trailer Parking as conditional uses in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts and to add supplementary use regulations for the use. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on February 25, 2010; and WHEREAS, the Planning Commission discussed the draft ordinance on March 17, 2010 and recommended that a public hearing be held; and Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 384 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 to add Tractor Truck and Tractor Truck Trailer Parking as conditional uses in the B3 (Industrial Transition), Ml (Light Industrial), and M2 (Industrial General) Zoning Districts and to add supplementary use regulations for the use. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning to add Tractor Truck and Tractor Truck Trailer Parking as conditional uses in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts and to add supplementary use regulations for the use. Passed this 24 day of March 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — (RESOLUTION #066 -10) - HIGHER EDUCATION (HE) DISTRICT REVISIONS. - APPROVED Chairman Shickle and Supervisor Fisher recused themselves from participation/discussion of this matter. Chairman Shickle asked Vice - Chairman Ewing to chair this portion of the meeting. Senior Planner Perkins advised staff received a request to increase the maximum height requirements in the Higher Education (HE) Zoning District. Currently, the maximum height in the HE District is 45 feet. Staff has prepared an ordinance revision that addresses the height request along with other necessary ordinance revisions. The proposed changes include: - Increase in the building height of 45 to 75 feet (subject to Board of Supervisors' waiver). - Yard requirements. Revision to add yard and dimensional requirements. Modifications include adding front yard setbacks from primary and arterial highways, similar to other zoning districts. Added side and rear yard increases for structures over 45 feet in height. - Design requirements. Addition of a statement regarding lot size and depth/width and an addition of landscaped area and FAR requirements. She went on to say the Planning Commission discussed this proposal and expressed concerns about taller buildings regardless of the adjacent use. She concluded by saying staff was seeking direction from the Board regarding this proposal. Supervisor Lofton was concerned about the Board waiver provision because one board might approve a taller structure while a future board might not allow this use. He asked if there was a way to minimize or eliminate this provision. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 385 Senior Planner Perkins advised the waiver option could be eliminated and buildings up to 75 feet in height could be allowed. Supervisor DeHaven thought the case by case solution was good. He was concerned about areas where there were existing neighborhoods with 30 foot tall structures and adjacent new structures that would be two times higher. He concluded by saying he thought staff s approach brought maximum flexibility to the Board. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 609 — HE Higher Education District. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning for revisions to the HE (Higher Education) Zoning District to increase the maximum building height for the district and for revised yard requirements. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on February 25, 2010; and WHEREAS, the Planning Commission discussed the draft ordinance on March 17, 2010 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 for revisions to the HE (Higher Education) Zoning District to increase the maximum building height for the district and for revised yard requirements. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning for revisions to the HE (Higher Education) Zoning District to increase the maximum building height for the district and for revised yard requirements. Passed this 24 day of March 2010 by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Abstain Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — BATTERY MANUFACTURING IN THE M1 DISTRICT. — (RESOLUTION #067 -10) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff received a request to include the manufacturing of storage batteries (portions of SIC 3691) as a permitted use in the M1 Zoning District. The M1 District currently permits all of Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 i• SIC 36 with the exception of SIC 3691 (Storage Batteries) and 3692 (Primary Batteries). The M2 District currently allows both SIC 3691 and 3692. She went on to say the proposed ordinance amendment would allow the following portions of SIC 3691 as a permitted use in the M1 District: - Alkaline cell storage batteries; - Batteries, rechargeable; - Nickel cadmium storage batteries; - Storage batteries (excluding lead acid batteries, manufacturing). She advised that battery manufacturing was a target business by the Winchester- Frederick County Economic Development Commission. Chairman Shickle asked why this use was not included in the ordinance to start with. Senior Planner Perkins responded because this SIC included some uses that the County does not allow. Supervisor Collins asked if there was a specific request for this inclusion or was it speculative. Senior Planner Perkins responded this was a target business of EDC. Supervisor Collins was concerned about passing the ordinance with this level of specificity only to find out the current technology is antiquated. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606, Ml Light Industrial District. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning to include battery manufacturing (portions of SIC 3691) as an allowed use in the M1 (Light Industrial) Zoning District. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on February 25, 2010; and WHEREAS, the Planning Commission discussed the draft ordinance on March 17, 2010 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 to include battery manufacturing (portions of SIC 3691) as an allowed use in the Ml (Light Industrial ) Zoning District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, to include battery manufacturing (portions of SIC 3691) as an allowed use in the M1 (Light Industrial) Zoning District. Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 387 Passed this 24 day of March 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CHAPTER 161 AND 165 — CLARIFICATION OF VESTING POLICIES — (RESOLUTION #'s 068 -10 & #069 -10) - APPROVED Chairman Shickle advised the Board that he requested this item come before them tonight in order to correct what he believed was inconsistent treatment based on some of the Board's prior actions. Senior Planner Perkins appeared before the Board regarding this item. She advised that on December 9, 2009 the Frederick County Board of Supervisors adopted changes to Chapter 165 — Zoning, for changes to the RA (Rural Areas) Zoning District to implement the Rural Areas Report and Recommendations. The primary changes associated with this ordinance amendment were an increase in the rural preservation lot size and elimination of the bonus lot provision. With the approval of this ordinance amendment the Board adopted a vesting statement that honored the 40 percent rural preservation lot size and the bonus lot for those properties that had completed the rural areas subdivision sketch plan process. On February 24, 2010 the Board adopted changes to Chapter 161 — Sewage Disposal and Sewers. One of the changes to Chapter 161 involved a requirement for a 100 percent reserve drainfield area. With the approval of this ordinance amendment the Board adopted a vesting statement that honored all sites that had submitted applications to the Virginia Department of Health (VDH). It has been expressed to staff that sites that had completed the rural areas subdivision sketch plan process as of December 9, 2009 should also be vested with a 50 percent drainfield area. She went on to say a resolution to clarify and reaffirm the Board's expectation that rural areas subdivision sketch plans that have completed the review process should be vested in terms of the 40 percent preservation tract, bonus lot credit, and be enabled to utilize a 50 percent reserve drainfield has been prepared. In addition, staff has also been made aware of concerns regarding what properties were vested with the approval of the revisions to Chapter 161. At the February 24, 2010 meeting the Board vested sites that have received Virginia Department of Health (VDH) approval as well as sites that had submitted applications to the VDH as of February 24, 2010 with a 50% reserve drainfield area. Since the February meeting staff has been Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 Ni working with the VDH to examine what properties are covered by the vesting policy. It has been determined that a number of sites fall within this vesting policy, including properties with certification letters, valid construction permits, lots that were approved by the VDH with a 50% reserve drainfield (recorded plats and approved plats on record with the VDH), properties with applications and subdivisions submitted to the VDH by February 24, 2010 (properties /subdivisions have until February 24, 2011 to complete the process and receive approval), and properties that had received administrative denials from the VDH, which shall be vested so long as they satisfy the VDH with the specified time frame. Senior Planner Perkins went on to say a resolution to clarify and reaffirm the Board's vesting position of February 24, 2010 that health system approvals issued by the VDH as of February 24, 2010 would be vested and honored at the 50 percent reserve drainfield area criteria has also been prepared. She concluded by saying staff has prepared a draft memorandum that would be provided to the VDH advising of the new County drainfield requirement and its vesting position. This memorandum is the correspondence to the VDH reflecting the Board's vesting intensions pertaining to 50 percent reserve drainfields. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the resolution vesting rural areas subdivision sketch plans. RESOLUTION #068 -10 WHEREAS, on December 9, 2009 the Frederick County Board of Supervisors adopted changes to Chapter 165 — Zoning, of the Code of Frederick County for changes to the RA (Rural Areas) Zoning District to Implement the Rural Areas Report and Recommendations. Following the adoption of the RA Zoning District ordinance revisions, the Board of Supervisors adopted a vesting statement that honored the 40 percent rural preservation lot size and the preservation tract `bonus' lot for those properties that had completed the rural areas subdivision sketch plan process; and WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors adopted changes to Chapter 161 of the Code of Frederick County, Sewage Disposal and Sewers, that required a 100% reserve drainfield area; and WHEREAS, the Frederick County Board of Supervisors desires to honor properties that had completed the rural areas subdivision sketch plan process as of December 9, 2009, vesting the sketch plan and its associated 50% reserve drainfield areas. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that properties that have completed the rural areas subdivision sketch plan process as of December 9, 2009 will be deemed vested and will be permitted to utilize a 40 percent rural preservation lot size, the bonus lot, and the 50% reserve drainfield areas. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 i� Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution vesting Health Department approvals pertaining to reserve drainfield areas. RESOLUTION #069 -10 WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors adopted changes to Chapter 161 of the Code of Frederick County, Sewage Disposal and Sewers, that required 100% reserve drainfield areas; and WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors acted to honor the approvals for health systems issued by the Virginia Department of Health (VDH) — Lord Fairfax Health District as of February 24, 2010; and WHEREAS, the Virginia Department of Health — Lord Fairfax Health District issues various levels of health system approvals that would be affected by the Board's desire to honor previously issued health system approvals. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the following actions will deem a property vested and enabled to continue to utilize a 50 percent reserve drainfield area: • Properties that have received certification letters or construction permits from the VDH as of February 24, 2010. • Properties that have received approvals for their onsite systems from the VDH as of February 24, 2010 (this includes subdivision plats that have been signed by the VDH and show drainfield locations). • Properties that submitted applications for onsite systems as of February 24, 2010. Applications must be completed and approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Subdivision plats that have been recorded (as of February 24, 2010) and were signed by the Zoning Administrator and the VDH and show a drainfield location. • Subdivisions that have been submitted to the VDH as of February 24, 2010. Subdivisions must be completed and approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Properties that have received administrative denials from the VDH shall be vested so long as they satisfy the VDH within the specified time frame or by February 24, 2011, whichever comes first. Passed this 24th day of March, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10 390 There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher informed the Board that he had watched the Millbrook High School girls' basketball team win the state championship. He suggested the Board recognize them in some way. Staff was directed to prepare a resolution recognizing the team and their coach. Chairman Shickle advised that the Mayor of Middletown wanted to pursue a boundary line adjustment with the County. He made reference to the packet of information the Board had received and noted the proposed timetable was very aggressive and the proposed area was larger than he originally thought. He went on to say he had grave concerns and was looking for direction from the Board regarding how to respond. Supervisor Lofton informed the Board that the Town was planning to hold a public meeting on March 31, 2010 and he planned to attend to hear what people had to say. Supervisor Fisher stated he would like to see better communication in the future. He went on to say he was concerned about the unknowns surrounding this proposal and there were a number of issues the Board needed to address carefully. Supervisor Lofton advised that Mayor Brown had spoken with him previously about this proposal, but he did not feel he had enough information to bring it to the Board. He concluded by saying he did not realize information on this topic would become available like this. 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. (8:35 P.M.) Richard C. Shickle Chairman, Board of Supervisors A . Ri y, r. rk, Board of Supervisors Minutes Prepared By: �:4� _ Jay E. Tibos Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Budget Work Session and Regular Meeting of 03/24/10