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April 14 2010 Regular Meeting391 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 14, 2010 at 7:15 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. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove 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. advised that Tab F — Request from Economic Development Commission Director for Supplemental Appropriation for ProJet Aircraft, was postponed until May 12, 2010 and Tab I — Transportation Committee Report was postponed until April 28, 2010. 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 - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution in Honor of Millbrook High School Pioneers Girls' Basketball Team — Tab C; - Closing of County Offices for Annual Apple Blossom Festival — Tab E; - Lake Holiday Country Club (LHCC) Dam Working Group Committee Report — Tab G; Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 392 - Public Works Committee Report — Tab H; and - Departmental Fiscal Year 2010 -2011 Annual Work Programs —Tab J. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 PUBLIC HEARING — FY 2010 -2011 BUDGET Administrator Riley presented the proposed fiscal year 2011 budget. He noted this presentation shows the strong commitments that this Board has made to the community. He went on to say this has been the most challenging budget year in his experience. Information and assumptions have changed almost daily making the finalization of this budget a difficult target to hit. Several budget challenges presented to staff this year, included: - The economic downturn continues along with declining real estate values and foreclosures. The average selling price of a home in Frederick County in 2008 was $235,940, in 2009 the average dropped to $198,989 and for the first 2 months of 2010 it decreased even farther to $182,225. One out of every 356 homes in Frederick County received a foreclosure filing in February 2010. As of March 3 2010, 665 properties have entered the foreclosure market in the county, of those, 193 are going to auction and 237 are bank owned. - Unemployment remains an issue for Frederick County residents. The unemployment rate for the County in January 2010 was 8 %, up marginally from 1 year ago when the rate was 7.4 %. The 2010 rate is slightly higher than the statewide rate of 7.7 %, but below the national rate of 10.4 %. - Sales tax collections linger below the last 2 years; however, for the month of January sales tax collection did not decline. Since sales tax is a good economic indicator, we are optimistic with this showing. - Interest rates remain at all time lows which affects the return on investments. - The building industry continues to decline which has an impact on a multitude of related services. - Funding from the Commonwealth has a huge impact on the preparation of county budgets. The adopted State budget did not deal as hard of a blow as was expected, but funding was reduced and had to be dealt with. The slump that we are currently experiencing creates a key challenge for local government: How to have a responsible and appropriately sized government while experiencing an increase in Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 393 the need for county provided services. As the demand for services increase, the resources available to fund those services are decreasing. Administrator Riley stated individuals and businesses are uncertain of the economic future and are reducing or eliminating spending. Reduced consumer spending has a trickle down effect on things such as tax collections and unemployment. The goals and objectives for this budget are very similar to the previous budget year, which are reflective of the current economic state and the direction given by the Board. Our goal was to operate with a decrease in local tax funded expenditures and prioritize limited resources to meet citizens' needs for services, programs and facilities. While meeting this goal, the following objectives were considered: maintain real estate and personal property tax rates to put no additional financial burden on the citizens of Frederick County, to maintain an appropriate fund balance that focuses on the long -term and positions the County well for future recovery and growth, to continue the delivery of core services and continue our investment in education. He mentioned the term "fund balance" and that a goal of this fiscal plan was to preserve an adequate level of fund balance. Fund balance is money which has not been obligated by the County and provides for unforeseen expenses and emergency situations. It also reduces the need for short-term borrowing as the county's largest revenue source, taxes, is only collected twice a year. Fund balance funding for the budget remains constant at $4.3 million for FY 11. This amount was cut in half from 2 years ago. Fund balance reserves continue to remain at an adequate level. The proposed FYI I budget successfully meets the goal, objectives and board directives through a decrease in operating costs combined with a hiring freeze. The total advertised Proposed FY 2011 Budget for ALL FUNDS is $231,968,677. This amount is $9.7 million less than the current fiscal year budget. The School Board held a public hearing on their FY 2011 proposed budgets on March 2, 2010. The FYI I proposed general fund budget is $125,575,710; which takes into account our goal and objectives in combination with the current economic conditions. He reviewed the cuts that had to be made as a result of revenue reductions to the general fund to balance the budget. All school transfers were kept at present level funding. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 39 The reduction in recovered costs represents the reduced contract for ground maintenance for the public schools. Discussions on services provided by our Parks & Recreation Department for the school system continue. The remaining reductions are reduced funding for the constitutional offices, registrar and the department of social services. The $50,000 in locality reductions represents the county's share of the additional $10 million in State reductions which were included in the State's budget. This amount is in addition to the county's share of the $250,000 that was part of the State's current year $50 million reduction to localities. Administrator Riley reviewed the reduced budgeted revenue projections for the Constitutional Offices. The budgeted revenue reduction is significantly less than what was projected at the beginning of this budget process. The General Fund had $1.3 million dollars in increased expenses that are not shown as budget reductions in the ad because they were absorbed by other cost cutting measures that will be shown in an upcoming slide. In addition to the $503,000 in revenue reductions, this brings the total reductions needed in the General Fund to $1.9 million. The local contribution for the Northwestern Regional Adult Detention Center increased by $744,252. Although the regional jail has decreased their budget by millions in the last 2 fiscal years, the State and Federal funding for that facility, along with Frederick County's 39.5% increase in usage, results in a substantial increase. The County's health insurance premiums realized an increase of nearly $600,000, a 17% increase, and Virginia Retirement System increases of $49,000. We have been recently notified that the rates that we have received from VRS will be reviewed and are anticipated to change with notification in September. It is important to note here that the increases in insurance and retirement will not be passed on to the individual employee. Cost cutting measures were implemented to meet the $1.9 million shortfall for the General Fund. In the personnel and benefits category, staff salaries were frozen for a second year, non - essential vacant positions have been eliminated, overtime was drastically reduced and tuition assistance for employees in college courses, career development and incentive programs continue to be suspended. He went on to say it is important to note that our employees are our most valuable asset and our most critical resource. Staff has been expected to meet increased Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 395 service needs with no increase in compensation for a second year and with less staff. They are to be commended. Reduction in operating costs, were not "across the board" to all county departments. Individual departmental needs were considered and reductions were made in those areas that have experienced workload reductions. Out of town travel has been significantly reduced and requires pre - approval. Office expenses, including supplies, postage, advertising, printing and gasoline have been reduced. Contributions to outside agencies were also not "across the board ". Some were eliminated entirely, while others were reduced by 10 %. Other reductions include: gypsy moth spraying, refuse collection and disposal which should be substantiated by the County's reduced usage, animal shelter funding that will be offset with prior years' donations that have been reserved. All capital equipment and construction projects have been delayed again for a second year. Other significant cost containment measures include a reduction in the ladder truck supplement due to a pending sale of the truck, reduced funding for Comprehensive Services with the use of carry forward funds from prior years and a continuation of reductions made in FY 2010. These are not additional reductions, but the funding was held level for the contribution to fire company capital. The delay of the Fire & Rescue volunteer incentive and vaccination programs continues. Still remaining are the following unresolved budget issues: - The City's commitment to funding Detox and Economic Development; - Whether or not grounds maintenance at the schools will continue to be handled by Parks & Recreation; and - The uncertainty of final VRS rates. In summary, although the FYI I proposed fiscal plan shows only a $503,000 reduction in General Fund appropriations, there was actually a $1.9 million dollar shortfall to deal with. We were successful in absorbing inflationary costs and increased inmate population while attempting to equalize declining financial support from the State. The County's transfer to the school system is the same as the FY 10 transfer. We present to you a balanced budget with real estate rate and personal property tax rates that remain unchanged. With this proposed fiscal plan, we are confident that Frederick County will be able to continue the delivery of core services and meet our citizens' needs. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 396 It should also be noted that staff recognizes that a recovering economy does not signal an increase in local government spending. Lessons are being learned as we go through these tough economic times that we as a County still are going to have to do more with less. He concluded by saying there will be a budget work session following the Finance Committee meeting next Wednesday to address any concerns and answer any questions you may have on the information presented tonight. Chairman Shickle thanked Mr. Riley for the presentation and then convened the public hearing on the proposed FY 2011 budget. Patsy Goehenour, Red Bud District, read the following statement: "I believe that my life has been extremely blessed for not only am I life long resident of Winchester /Frederick County (75 year, 49 just off of Senseny Road), but have spent an equal amount of time in the field of public education as a student and teacher. It is also my belief that I live in the best country in the world, but it is my understanding that in Winchester /Frederick County, I do not live in a Democracy, even though the officials like to brag that this is an All - American Community. Since I retired from the classroom in 1991, but never from education nor life, I obtain news about my profession from attending public information meetings, school board meetings, serving on school related committees, and volunteering in classrooms. However, I read with great interest an article in the Winchester Star, March 27, 2010 entitled Freshman sport dead in Frederick? 1 wondered how many parents with middle school students really saw the question mark especially since the topic sentence was written as a statement of fact to a solution to the County's budget problem! My first thought was "Who has the budget problem ?" Who is responsible for a 3 million dollar budget short fall for Frederick County Public Schools? " It is my understanding that it's not the Freshman Parents who have been paying their county & state taxes, trusting the elected officials and decision makers to use it wisely and correctly. It is also my understanding that it is not the responsibility of the "eight full -time equivalent positions " (better know as Coaches & teachers)! Right now in our country's history we are living in stressful economic times. It is my understanding that what made America great was built on faith in God, trust in mankind, and hard work, "honest pay for an honest day's work". In my lifetime, I have seen many of these values slowly eroding away. What this community needs right now is a large dose of HOPE. Negative thoughts and actions are not productive. There is always a positive solution to any problem, however many involved failed to identify or recognize the problem Public education is a team sport and unless all players involved are anxious for a team win, the team is doomed to loose. Then what causes a team to be unsuccessful? It is when individuals begin to think they are the best players on the team and that their individual needs are more important than a team win. The article that I referred to earlier contained a very dismal score for Public Education in this All American Community, but from where I sit in the stadium, I see winning possibilities. I have attached my game plan to tonight's comments. I have a winning Coach, perhaps you should get one, too. " Dr. John Lamanna, Shawnee District and Chairman of the Frederick County School Board, recapped the budget challenges facing by the schools. This is the second year of reductions and in FY 2012 an increase in student population of 250 students is anticipated. The Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 397 school budget reflects reduced opportunities for students, a loss of 8 full -time equivalent positions, reduced technology and supplies, a reduction in athletic equipment, supplies, and transportation, increased parking fees for high school students, and a fee to participate in sports. He concluded by saying that over the past four years, the school board and board of supervisors have gone from finger pointing to problem solving. Cindy Palmer, Back Creek District and Vice - President of the Shenandoah Area Agency on Aging, spoke against the proposed funding cut to the agency. She stated they advocate for seniors and they are the people who care for seniors. Pat Leonard, Shawnee District, appeared on behalf of the Active Living Center. She stated seniors do need the senior center because they have no other form of entertainment. She went on to say the center is open four days per week now, but if funding is reduced then the center will open for only three days per week. Geneva Campbell, Shawnee District, appeared on behalf of the Active Living Center. She advised that most people who attend the center cannot drive and this is their only outlet. He asked the Board to consider this. Ray A. Stuhlman, Shawnee District, appeared on behalf of the Active Living Center. He noted there was a wide diversity of seniors and they are a valuable community asset. He went on to say the center provides services seniors can take advantage of. He concluded by saying the Board does not have to be ashamed to spend money on this service. Melanie Jackson, Shawnee District and Senior Center Director, stated the center provides services for seniors. We provide services for seniors and answer questions for family members. She went on to say these are valuable citizens and the center provides certain needs and socialization for seniors. She urged the Board to please reconsider cutting their funding. Helen Cockerell, Shawnee District and Director of the Shenandoah Area Agency on Aging, advised her organization absorbed a 15% cut last year, but they could not do it this year without letting the Board know what the impact will be. She reviewed the various services the agency provided for the first half of the fiscal year, including 8,500 meals; 3,332 people served, and 3,530 one way rides. She went on to say we are helping Frederick County citizens now. She concluded by saying the senior center would have to be cut if the agency must absorb a cut. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 398 Peter H. Dunning, Clarke County and Bluemont Concert Series, read the following open letter to members of the Frederick County Board of Supervisors re: continued Bluemont funding in FY 2011 budget: "This letter is to request that the County of Frederick maintain reasonable, continued funding in the proposed fy 2011 budget for the Bluemont Concert Series' programs here in our community. For 27 years, Bluemont has built a proud history of bringing cultural programs to Frederick County schools, nursing homes and community events including our summer evening concerts at the Old Frederick County Courthouse. Since 1983, Bluemont has brought over 1,110 events in the Frederick County areas communities (see attached program summary) to over 184,700 families, neighbors & visitors. In 2009 alone, Bluemont presented 21 programs in the Frederick County area: in our school programs, outreach programs in nursing homes and community events including the Bluemont Summer concerts at the Old Courthouse. The County of Frederick has been an active participant in the Bluemont partnership since 1983 (27 consecutive years). Our Board of Directors is proud to have worked with 9 (nine) consecutive Frederick County Boards of Supervisors in support of high quality cultural programs in Frederick County area communities during this time. We are all concerned about the challenges of the current economy, but the proposed elimination of the County of Frederick County's Fy2011 funding for Bluemont would be extreme for a partnership with such a strong 27 year record of service to our Frederick County schools, healthcare facilities, and communities. Bluemont asks the Frederick County Board of Supervisors to maintain reasonable funding to the Bluemont Concert Series in fy2011. Each year, the County's funding of Bluemont leverages matching dollar awards from our public and private partners. Bluemont's non-profit Board raises thousands of additional dollars from the City of Winchester and from local businesses, civic organizations and individuals /families in support of our programs here in Frederick County. It seems counter productive to withdraw support from a regional partnership that has successfully served Frederick County/Winchester communities for more than 27 continuous years. Bluemont is part of the fabric of Frederick County community life. If it would be helpful, we would be glad to attend a Frederick County Council meeting to support this request. We ask that you restore Bluemont funding to the FY2010 level of $6,600 in Fy2011. We thank you for your good support in the past and look forward to working together on cultural projects for the future benefit of Frederick County residents and communities. Sincerely, /s/ Peter K Dunning /s/ Daniel C. Schiavone, Jr. " There being no further public comments, Chairman Shickle closed the public hearing. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion y Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the March 24, 2010 Budget Work Session and Regular Meeting. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 399 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 RESOLUTION ( #070 -10) IN HONOR OF MILLBROOK HIGH SCHOOL PIONEERS GIRLS' BASKETBALL TEAM — APPROVED UNDER CONSENT AGENDA WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing seven years, its athletic teams have quickly become some of the best in the District and the State; and WHEREAS, the Millbrook High School Girls' Basketball Team achieved the pinnacle of greatness by completing an undefeated season, with a record of 22 -0, and winning the 2010 Group AA Division 3 State Championship; and WHEREAS, Coach Debby Sanders, her staff, and the Millbrook High School Girls' Basketball team represented this community with distinction and honor throughout the State Basketball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work, dedication, humility, team spirit, and true sportsmanship, which has brought favorable recognition upon themselves, their school, and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2010 Millbrook High School Girls' Basketball Team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 14 day of April, 2010. This item was approved under the consent agenda. COMMITTEE APPOINTMENTS REAPPOINTMENT OF CLINT JONES AS SHAWNEE DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Clint Jones as Shawnee District representative to the Historic Resources Advisory Board. This is a four year term, said term to expire May 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 Regular Meeting of 04/14/10 400 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA The Board was requested to take action on the closing of county offices on Friday, April 30, 2010 for the 83 Shenandoah Apple Blossom Festival. This is a regularly scheduled holiday for county employees; however, the court offices need official action by the Board in order to close their offices for the day. This item was approved under consent agenda. REOUEST FROM ECONOMIC DE VELOPMENT COMMISSION DIRECTOR FOR SUPPLEMENTAL APPROPRIATION FOR PROJET AIRCRAFT (ACTION POSTPONED FROM BOARD MEETINGS OF NOVEMBER 18, 2009, JANUARY 13.2010, AND FEBRUARY 24, 2010. — POSTPONED UNTIL THE MAY 12, 2010 MEETING COMMITTEE REPORTS LAKE HOLIDAY COUNTRY CLUB (LHCC) DAM WORKING GROUP COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHCC Dam Working Committee met in the Public Works Department Conference Room on the 2 nd floor of 107 N. Kent Street on Tuesday, March 23, 2010 at 10:00 a.m. All members were present: Kris Tierney, Ed Strawsnyder, Supervisor Gary Dove, Mike Sweeney, Wayne Poyer, and Ray Soul. The following items were discussed: 1) Presentation by Mr. Robert Lauterberg, Managing Director, VML /VACo Finance and Mr. Steven Mulroy, Deputy Director. The Committee was given a detailed presentation of the range of financing options offered through VMLNACo Finance. Options include pooled bond offerings at very attractive rates through Build America Bonds and Recovery Zone Economic Development Bonds, the interest on which is subsidized by the Federal Government. Also of note; Mr. Lauterberg expressed his belief that, because of its brief history, in order for LHSD to obtain an investment grade bond rating, the County would need to pledge its moral backing for the bonds. The Committee agreed to continue to evaluate VMLNACo and other financing options in order to develop a recommendation on the most attractive option for LHSD. 2) The proposed draft Lake Holiday Sanitary District Agreement between LHCC and Frederick County was discussed. The Committee members agreed to a number of changes to the document. County staff will make the changes and the draft document will be circulated to the members for their further review. The objective is to develop a document that can be forwarded to the Board of Supervisors and the Board of Directors of LHCC, Inc., with a recommendation for adoption. 3) The status of US Department of Agriculture Rural Development financing inquiry was discussed. The Committee agreed to revisions to the Preliminary Feasibility Report that were suggested by Mr. James Allen of USDA. The primary change related to reducing the 30% contingency on the projected project cost. 4) The Committee discussed SB276 and agreed to continue tracking to see what action the Governor takes on the bill. Staff is in contact with DCR in an effort to understand what, if any, implications the legislation will have on Lake Holiday. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 401 There being no further business before the Committee the meeting was adjourned. The next scheduled meeting of the Committee will be on April 27, 2010. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works and Green Advisory Committees met on Tuesday, March 30, 2010 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Not Requiring Action * ** 1. Closed Session A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A, (28) to review an unsolicited PPEA proposal related to the design and construction of a new Frederick County Fire and Rescue Station to be located in the Opequon Magisterial District. After reconvening from closed session and unanimously certifying that the discussion was limited to the subject review in question, a motion was unanimously approved to table a decision on the PPEA proposal until the next scheduled public works committee meeting. 2. Proposed Back -Up Generator for County I.T. Equipment Mr. Kris Tierney, Assistant County Administrator, presented a request to install a generator as a power back -up for the existing I.T. equipment in the county administration building. During the discussion of the project, Mr. George Ludwig suggested that consideration be given to installing an automatic shut down as part of the existing UPS system. A motion was made and unanimously approved to expand the generator proposal to include the automatic shut down and forward the request to the Finance Committee for their review and action. The public works committee recommended that the final request be returned for their review prior to advertising. (Attachment 1) 3. Proposed Fiscal Year 2010/2011 Public Works Budgets The Director of Public Works presented a very brief summary of the anticipated expenditure budgets for Fiscal Year 2010/2011. These budgets were based on present level funding except for those budgets where layoffs and /or expenditure reductions have already been implemented. For example, the inspections and engineering budgets have been reduced to reflect layoffs that occurred in October 2009. The most drastic reduction was the Gypsy Moth/Biosolids budget which was totally eliminated as part of the budget reduction recommendations presented by the Finance Department. Staff will await direction from the Finance Department to determine if further reductions are required in the remaining Public Works budgets. (Attachment 2) 4. Miscellaneous Reports a) Tonnage Report (Attachment 3) b) Recycling Report (Attachment 4) c) Animal Shelter Dog Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) 5. Green Committee Items a) Energy Performance Contract Update Initial audits have been submitted by two Energy Service Companies (ESCO's). Presentation of upgrade proposals are scheduled for April 7, 2010 in the 1 St floor conference room, 107 N. Kent St. Mr. Wagner has agreed to attend. Representatives from the GAC, Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 402 Admin., Maintenance, and Finance will develop a recommendation on how to proceed with the Performance Contract. b) Employee Energy Awareness Program Energy training and quiz modules have been created and circulated for internal comment. Launch is anticipated in the near future. c) Vehicle Fleet Management Administration has circulated a policy regarding vehicle fleet management. Policy includes (1) the use of a lifecycle fuel cost calculator during procurement; (2) brief written justifications for continued ownership of vehicles used less than 3,000 miles per year; and (3) offering surplus vehicles to internal departments prior to external sale. TRANSPORTATION COMMITTEE REPORT — POSTPONED UNTIL THE APRIL 28, 2010 MEETING ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2010 -2011 ANNUAL WORK PROGRAMS (FOR INFORMATION ONLY) — APPROVED UNDER CONSENT AGENDA PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION — "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, MAY 8, 2010, FROM 12:00 NOON TO 6:00 P.M.; ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley reviewed the application for the "Of Ale and History" Microbrew and Imported Beer Tasting Festival to be held on Saturday, May 8, 2010 from 12:00 p.m. to 6:00 p.m. at Belle Grove Plantation. Elizabeth McClung, Executive Director of Belle Grove Plantation, advised this was their 15 annual festival. She went on to say they were going through the disaster planning process and thanked Frederick County for its assistance in the planning. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the Outdoor Festival Permit request of Belle Grove Plantation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 03 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #06 -09 OF JORDAN SPRINGS PROPERTY, TO REVISE PROFFERS ASSOCIATED WITH REZONING #10 -01 FOR 10.33 ACRES OF LAND ZONED B2 (GENERAL BUSINESS) DISTRICT WITH HISTORIC AREAS (HA) OVERLAY ZONE. THIS REVISION IS INTENDED TO ADD PERMITTED USES ON THE SITE. THE PROPERTY IS LOCATED AT 1160 JORDAN SPRINGS ROAD AND FRONTS THE WEST SIDE OF JORDAN SPRINGS ROAD (ROUTE 664), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A -294 AND 44- A -294A (PORTIONS OF) IN THE STONEWALL MAGISTERIAL DISTRICT. — POSTPONED ACTION TO ALLOW STAFF AND THE APPLICANT TO RESOLVE ISSUES BASED ON THE BOARD'S COMMENTS Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised this was a proffer amendment for Rezoning #10 -01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to add permitted uses on the site. He noted this revision was necessary to resolve existing zoning violations on the property. The proposed proffer revisions seek to add museums, eating and drinking places, exposition operations, and theatrical producers and miscellaneous theatrical services to the list of permitted uses on the site. Director Lawrence went on to say the Planning Commission recommended approval of the proposed amendments. He concluded by saying the amendment allows the uses to occur and staff can work with the applicant on site plan issues. Chairman Shickle asked if a bridal shower would fit one of these proposed categories. Director Lawrence responded yes. Supervisor Lofton asked if portable lighting would be allowed for night time events. Director Lawrence stated the Zoning Ordinance does not limit the hours of operation or noise; however, the applicant could limit these through the proffer statement. Supervisor Fisher asked about the nature of the complaints received surrounding this property. Director Lawrence responded the complaint was received after a wedding event and had to do with a lot of people, noise, and traffic. Supervisor Fisher asked how revising the proffer mitigated the complaint. Director Lawrence responded it does not, but it does legitimize the use. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 404 Supervisor Collins asked about the possibility of requiring the owner to receive a festival permit. Director Lawrence responded that was another option and the Board could approve it. Steve Pettler, Harrison & Johnston, appeared before the Board on behalf of the applicant. He stated it was the consensus of staff and his client to encourage the activities occurring on the site. He noted the Historic Resources Advisory Board felt the activities enhanced the property. He went on to say that most of the activities on the property are events; however, there is nothing in the existing County Code that matches this. He informed the Board that in three years of activities on the property there has been only one anonymous complaint. He advised the applicant maintains a decibel meter on site to monitor outdoor music levels. The entrance is staffed so no one is waiting on Jordan Springs Road. He concluded by saying VDOT's concern would be addressed at the site plan stage. Supervisor DeHaven asked about the number of outdoor activities held on the property. Mr. Pettler responded there were 50 events last year with 35 occurring outside. He noted the applicant was no longer putting a tent on the parking lot for outdoor events, but he anticipated there being about 30 outdoor events this year. Supervisor Collins stated if the applicant amended the proffer statement then it left a "blank slate" for the next property owner. He went on to say that he would need some assurance that outdoor parties would not go past 11:00 p.m. Chairman Shickle was concerned that the new proffers were much broader than the current proffers. He stated staff and the applicant needed to clarify those areas, if possible. Mr. Pettler asked that the matter be tabled if the Board of Supervisors was unclear so these issues can be worked out. He went on to say his client was willing to continue in the interim as long as the status quo remains. Mr. Pettler stated he was hearing a desire to clarify operational issues, but it gets confusing when the talk becomes what the applicant can and cannot do. Chairman Shickle stated he believed the crux of this issue was these are events which, under the proffers proposed, could become ongoing operations. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 05 Supervisor DeHaven stated he did not have a concern about what was occurring within the existing structure on the property; however, he was concerned about outside events. He went on to say he would prefer to see outside events covered by a permit similar to the Outdoor Festival Permit. He concluded by saying he would like to see staff and the applicant work together to create something to assist in the review process. Mr. Pettler stated he would like to have this matter tabled over the next 45 days. Supervisor DeHaven stated he would prefer to leave it open ended in case staff and the applicant come up with a solution. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board deferred action on Rezoning #06 -09 and directed staff and the applicant to come back to the Board with a resolution based on comments. The above motion as 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 Chairman Shickle noted the open endedness of this motion was to expedite a resolution not to delay one. PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING: ARTICLE VII OVERLAY DISTRICTS; PART 703 HA HISTORIC AREA OVERLAY ZONE; 165 - 703.04 GENERAL REGULATIONS; 165- 703.05 GUIDELINES FOR NEW CONSTRUCTION OR ALTERATIONS; AND 165- 703.06 ADMINISTRATION — REVISIONS TO THE FREDERICK COUNTY ORDINANCE FOR THE GENERAL REGULATIONS, ADMINISTRATION AND THE ADDITION OF GUIDELINES FOR NEW CONSTRUCTION/ ALTERATIONS. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised this was a minor revision to the Historic Area Overly ordinance. The proposed amendments include revisions to the general regulations and additional guidelines for construction or alterations. These include general guidelines and parking surfaces. There were also additions to the administrative sections. Director Lawrence highlighted the following language on page 5 under §165-703.05 (E) "... unless necessary for erosion and sediment control or stormwater management purposes." He stated this proposed language provided flexibility to achieve erosion and sediment control. He concluded by saying the Planning Commission recommended approval. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 406 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code, Chapter 165, Zoning, Article VII Overlay Districts; Part 703 HA Historic Area Overlay Zone; 165- 703.04 General Regulations; 165- 703.05 Guidelines for New Construction or Alterations; 165- 703.06 Administration, as amended and highlighted in the text. WHEREAS, an ordinance to amend Chapter 165, Zoning, 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 Planning Commission held a public hearing on this ordinance on March 17, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 14, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the 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 VII Overlay Districts, Part 703 HA Historic Area Overlay Zone, 165 - 703.04 General Regulations, 165- 703.05 Guidelines for New Construction or Alterations, and 165- 703.06 Administration is revised. This amendment shall be in effect on the day of adoption. ARTICLE VII OVERLAY DISTRICTS Part 703 — HA Historic Area Overlay Zone § 165 - 703.01 Intent. The HA Historic Area Overlay Zone is intended to protect, enhance and aid in the perpetuation of especially noteworthy examples or elements of Frederick County's cultural, social, economic, religious, political, agricultural, military, industrial or architectural history in order to: A. Foster civic pride and an appreciation for historic values. B. Maintain and improve property values by providing incentives for upkeep and rehabilitation. C. Protect and enhance the County's attractiveness to tourists and visitors. D. Provide for the education and general welfare of the people of the County. E. Encourage nomination of qualified historic properties to the state and national registers. § 165- 703.02 Establishing overlay boundaries. HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 07 including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as an historic area. A. The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest the historic boundaries as well as describe the historic and /or architectural significance of the buildings, structures or sites to be protected, current planning affecting the area, present development trends and conditions in the area and the public objectives for preservation. B. A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed zone. Notice shall be sent to all property owners within the boundaries of the proposed zone, indicating the time and place of the public hearing. The notice shall also state that residents may express their opposition to the proposed district in writing. The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition. C. Any area to be designated as an HA Zone shall in fact include landmarks, buildings, structures or sites determined to be of historical and /or architectural significance. All stated recommendations of the HRAB which supplement or modify the general regulations of this article may be adopted by the Board of Supervisors and applied to the zone created. D. At the time an overlay zone is established, the Board of Supervisors may create an additional position and appoint a member to the HRAB. The member appointed shall be the owner of property within the newly established zone and shall serve a term of two years. § 165- 703.03 Criteria for determining historic significance. The significance of an historic area shall be based on cultural, architectural and historical factors and shall be documented in a written report, which shall include a discussion of the following: A. Architectural style. 1) Presence of distinguishing characteristics of a recognized style. 2) Significance of architectural design. 3) Scale and /or interrelationship of structures and /or environmental features. 4) Significant patterns of development. 5) Quality of workmanship. 6) Amount of surviving original material. 7) Original location and /or use. 8) Remaining outbuildings or dependencies. 9) Surrounding environment, gardens, landscaping and walks. 10) Overall aesthetic quality. 11) Original integrity of the structure and its details. B. Historic and /or cultural significance. 1) Association with historic person. 2) Association with historic events. 3) Work of leading architect or master craftsman. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 408 4) Site or structure of cultural significance. C. Additional information. 1) A description of existing structures and uses likely to have an adverse effect on the character of the district, including those near and visually related to the district, with maps, photographs and other data indicating the reasons for such an effect. 2) A list of structures within the zone which notes which structures are contributing and which are not. Surviving building types and structures not historic in themselves but adding to the character of an historic area need to be looked at as potentially deserving preservation. 3) An analysis of lands not occupied by structures, including lands near and visually related to the district. For public lands, ownership, use and location shall be indicated. For private lands, assessed valuation shall be added as well as existing zoning and planned land use. 4) Recommendations concerning supplemental regulations to be applied to the historic area under consideration for the purpose of preventing changes which are incompatible with the buildings, structures or sites to be preserved. Such regulations may include permitted and prohibited principal and accessory uses and structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off - street parking and loading requirements, control of signs and exterior illumination and the control of significant exterior alterations to existing buildings. § 165- 703.04 General regulations. Within the Historic Area Overlay Zone, these regulations shall apply: A. New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and /or architectural aspects of the zone and issues a certificate of appropriateness. All requests for construction, reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with § 165- 703.05, Guidelines for new construction and alterations. B. Matters to be considered in passing upon the appropriateness of construction, reconstruction or significant exterior alteration of buildings or structures by the HRAB. The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area. C. The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features: (1) The extent to which the proposed action will affect the overall character and continuity of the area. (2) Whether elements of the general design, such as scale, height and proportion of the proposed work are visually compatible with the surrounding area. (3) Whether the texture and materials proposed are compatible with existing structures in the area. D. Demolition. No contributing building or structure within any HA Zone shall be demolished or removed, until a certificate of appropriateness is issued by the HRAB. The demolition or removal of a noncontributing structure may be authorized by the Zoning Administrator. E. Matters to be considered in determining whether to grant a permit for razing or demolition. The HRAB shall consider any and all of the following criteria: Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 M 1) W oul d the l be aety-if enta to the p blie i. 4er est`' Is the historic resource of such T�CII\ i�GI12VY C1TI'I2GTICCl1 C� GIT\: Q'�'Ii� architectural, cultural, or historical interest that its removal would be detrimental to the public interest? 2) Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material or design? 3) Would demolition of the structure result in the loss of a significant historic place or resource in Frederick County? F. Offer for sale. The owner of a building, structure or site in a historic district shall, by right, be entitled to demolish the same, provided that: 1) The property owner has applied for a demolition permit. 2) The property owner has made a bona fide offer to sell the structure and land on which it is located to an individual or group which makes reasonable assurances that it will preserve the landmark. The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedule below: Time Period (months) Asking Price 3 Less than $25,000 4 Between $25,000 and $40,000 5 Between $40,000 and $55,000 6 Between $55,000 and $75,000 7 Between $75,000 and $90,000 12 Over $90,000 G. Hazardous buildings or structures can be demolished without consideration by HRAB with written approval of the Zoning Administrator, stating the conditions which justify the demolition. H. Moving or relocation. No landmark, building or structure within a district shall be removed or relocated if the move would be detrimental to the public interest or the historic integrity of the structure unless approved by the HRAB. I. Uses permitted. Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts except where such regulations are modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors. J. Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable exemptive relief. §165-703.05 Guidelines for new construction or alterations. A. New construction should speak of the historical era within the particular HA Overlay Zone and should not seek to replicate or reproduce existing features but complement the existing historic architecture and character. Franchise architecture should be avoided in HA Overlay Zones. All new construction should protect and preserve significant archeological resources. The HRAB may use reasonable discretion in determining an applicant's degree of compliance, as long as a proposed design is consistent with the purpose and intent of the HA Zone. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 410 B. New construction should maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area. C. Items such as mechanical equipment, meters, transformers, HVAC equipment and dumpsters should be visually screened from public view. D. Freestanding signage shall conform to the requirements of §165- 201.06. Wall mounted signs shall be limited to twenty feet in height above grade and only one building mounted sign not to exceed fifty (50) square feet shall be permitted per building face. E. Parking areas should be designed to maintain the integrity of an area's historic nature by minimizing the dominance of the automobile and reducing the visual impact of parking areas. Parking areas should be placed as to not de- emphasize the main structures in the HA Overlay Zone. Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of § 165 - 202.01, but shall not be subject to the surface materials and curbs and gutters requirements unless necessary for erosion and sediment control or stormwater management purposes. Parking areas within HA Zones shall be permitted to utilize brick, pavers, reinforced gravel systems or similar materials so long as a dust free environment is maintained Parking surfaces comprised solely of unfortified grass areas are not acceptable. § 165 - 703.0506 Administration. A. Zoning Administrator. The Cry Zoning Administrator shall not authorize a permit for any erection, reconstruction, significant exterior alteration, demolition or razing of a building, structure or site in the HA Historic Area Overlay Zone until the same has been approved and a certificate of appropriateness issued by the HRAB, following the procedures set forth below. B. Upon receipt of an application for such a permit in the Historic Area Overlay Zone, the Zoning Administrator shall follow the procedures below: 1) A copy of the application for such a permit, together with a copy of the site plan and the building plans and specifications filed by the applicant shall be forwarded to the HRAB. 2) A file of all such applications and related materials shall be maintained. C. Materials to be submitted for review. Twelve copies of all materials prepared in relation to the application shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or all of the following: architectural plans, site plans, landscaping plans, design for proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows and relationships to adjoining structures) and such other exhibits and reports as are necessary for these determinations. D. Fees. The Board of Supervisors shall establish a schedule of fees for the submission and review of an application for a certificate of appropriateness. E. Other approvals required. In any case in which an applicant's proposal also requires the approval of the Board of Zoning Appeals, approval by the Board of Zoning Appeals shall be obtained prior to action by the HRAB. F. Action of the Historic Resources Advisory Board. The HRAB shall return, within 60 days after submission of the completed application, its decision concerning granting a certificate of appropriateness for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition or relocation of all or part of any building within the HA Zone. The HRAB shall apply the following criteria for its evaluation of any application: a) Risk of substantial alteration of the exterior features of a historic resource. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 411 b) Compatibility in character and nature with the historic, architectural or cultural features of the historic overlay district. c) Exterior architectural features, including all signs. d) General design, scale and arrangement e) Texture and material. j) The relationship of the size, design and siting of any new or reconstructed structure to the landscape of the district. (4-2) If the HRAB grants a certificate of appropriateness, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application. If the HRAB disapproves the application, the reasons shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove the application for the required permit. The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB in writing, which shall act accordingly. (23) In the case of disapproval, the application shall not be resubmitted for consideration until 12 months have elapsed from the date of disapproval unless the indicated changes in plans and specifications have been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of Supervisors. Passed this 14 day of April 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 OTHER PLANNING ITEMS 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. (VOTE POSTPONED FROM FEBRUARY 24 ANDMARCH 10, 2010 BOARD MEETINGS.) - APPROVED 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 an off - premise sign. The application was filed in response to a zoning violation. The Planning Commission recommended approval with the following conditions: 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. Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10 412 4. Any expansion or modification shall require approval of a new Conditional Use Permit. Chairman Shickle asked if the sign meets the proposed conditions. Zoning Administrator Cheran responded yes. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved Conditional Use Permit #01 -10. 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 Nay Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. 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. (8:50 P.M.) Richard C. Shickle Chairman, Board of Supervisors o n R. Riley, Jr. z Jerk, Board of Supervisors Minutes Prepared By: Jay Ii. T bs Deputy Jerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 04/14/10