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HomeMy WebLinkAboutJune 23 2010 Regular Meeting500 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 23, 2010, at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Vice - Chairman Bill M. Ewing; CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent for vote Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel, pursuant to Section 22-3711 A (1), specifically the annual evaluation of Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 501 the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board certified the evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RECESS Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board recessed the meeting until 7:15 P.M. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REGULAR MEETING — CALL TO ORDER Chairman Shickle convened the regular meeting. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He offered a resolution requesting Frederick County be declared disaster county due to agricultural Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 50 loss as a result of recent hail and freeze events. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent 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 Chairman Shickle recognized Boy Scout Troop 107 from Redland Methodist Church. Their leader advised the scouts were working on their citizenship and community service badge. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the June 9, 2010 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF ELAINE M. CAIN TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board appointed Elaine M. Cain to the Conservation Easement Authority to fill the unexpired term of John Gavitt, said term to expire August 24, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 503 Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF DENNY PERRY AS MEMBER -AT -LARGE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board appointed Denny Perry as Member -At -Large to the Historic Resources Advisory Board. This is a four year term, said term to expire June 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF LESTER A. RITENOUR AS STONEWALL DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Lester A. Ritenour as Stonewall District representative to the Extension Leadership Council. This is a four year appointment, said term to expire June 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF RON HODGSON AS STONEWALL DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed Ron Hodgson as Stonewall District representative to the Parks and Recreation Commission. This is a four year term, said term to expire June 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent 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 Regular Meeting of 06/23/10 504 APPOINTMENT OF DARIO SAVARESE REBECCA EBERT AND BILL HOTTEL TO THE WINCHESTER - FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed Dario Savarese and appointed Rebecca Ebert and Bill Hottel to the Winchester- Frederick County Tourism Board, contingent upon like approval by the City of Winchester. These are three year appointments, said terms to expire June 30, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF CHARITY N. THOMAS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed Charity N. Thomas to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 23, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #090 -10) SEEKING ACTION BY THE GENERAL ASSEMBLY AND GOVERNOR TO PROHIBIT ALL PREDATORY, USURIOUS LENDING PRACTICES IN THE COMMONWEALTH OF VIRGINIA - APPROVED Administrator Riley advised this was a request from the City of Staunton, Virginia, seeking assistance in ending the practice of payday lending in the Commonwealth. A resolution similar to that adopted by the City of Staunton has been prepared seeking the following actions from the General Assembly: 1. Impose an interest rate cap of thirty -six percent (36 %), calculated as an effective annual percentage rate including all fees or charges of any kind, for any consumer credit extended in the Commonwealth of Virginia; 2. Prohibit a creditor's use of a personal check or other device as a means, directly or indirectly, to gain access to a consumer's bank account; and Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 505 3. Incorporate into the Virginia Code the protections regarding consumer credit to military personnel as reflected in the Military Lending Act, 10, United States Code Section 987. He concluded by saying if the Board concurs with this proposal, staff is seeking action on the resolution. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the Resolution Seeking Action by the General Assembly and Governor to Prohibit all Predatory, Usurious Lending Practices in the Commonwealth of Virginia. WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, believes the citizens of the County of Frederick remain concerned over what are perceived to be predatory, usurious lending practices in the County of Frederick and elsewhere in the Commonwealth, including practices that can exploit dedicated, brave women and men called to serve in the United States armed services; and WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, shares these continuing concerns and intends through this Resolution to express the collective sentiments and will of Frederick County citizens that the General Assembly and Governor of Virginia need to take action to prohibit all predatory, usurious lending practices; and WHEREAS, it is essential that the General Assembly and the Governor of Virginia address this matter as a high priority at the next legislative session, leading to enactment of laws strictly prohibiting and deterring all predatory, usurious lending practices in the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that, at the next legislative session, the General Assembly and the Governor of the Commonwealth of Virginia are hereby requested to enact laws strictly prohibiting and deterring all predatory, usurious lending practices, including but not limited to provisions that would: 1. Impose an interest rate cap of thirty -six percent (36 %), calculated as an effective annual percentage rate including all fees or charges of any kind, for any consumer credit extended in the Commonwealth of Virginia; 2. Prohibit a creditor's use of a personal check or other device as a means, directly or indirectly, to gain access to a consumer's bank account; and 3. Incorporate into the Virginia Code the protections regarding consumer credit to military personnel as reflected in the Military Lending Act, 10, United States Code Section 987. Adopted this 23` day of June, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #089 -10) REQUESTING FREDERICK COUNTY B DECLARED DISASTER COUNTY DUE TO AGRICULTURAL LOSS AS A RESULT OF RECENT HAIL AND FREEZE EVENTS - APPROVED Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23!10 50 Administrator Riley advised his office had been contacted by the area's agriculture extension agent following the completion of their assessment of damage caused by recent hail and freeze events. The apple crop loss is estimated at 35 -40 %. The peach crop loss is estimated at 35 %. He went on to say staff was recommending the Board adopt a resolution requesting a disaster designation for the county due to the agricultural loss and direct the county administrator to forward a copy of the resolution to the Governor. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the resolution requesting Frederick County be declared a disaster county due to agricultural loss as a result of recent hail and freeze events. WHEREAS, due to a hail event on April 5, 2010 and a freeze event on May 10, 2010, Frederick County's apple and peach crops have suffered significant damage; and WHEREAS, the Frederick County apple crop has sustained a quantity and quality loss of at least 35 percent to 40 percent; and WHEREAS, the Frederick County peach crop has sustained a loss of at least 35 percent; and WHEREAS, Frederick County farmers need federal assistance in responding to their losses as the result of extreme weather conditions. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the County Administrator is hereby directed to submit to Governor McDonnell a request for assistance in obtaining federal disaster designation for Frederick County, which will make available federal assistance to Frederick County farmers who have experienced additional costs, damage and losses due to the hail and freeze events. ADOPTED this 23` day of June, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT The Code & Ordinance Committee met on Wednesday, June 16, 2010 at 2:30 P.M., in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Supervisor Gary A. Lofton, Supervisor Christopher E. Collins; and Stephen G. Butler. Also present County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; Roderick Williams, County Attorney; Eric R. Lawrence, Director of Planning and Development; and Stephen Pettler. The committee submits the following: Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 507 ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 86, Festivals. — Sent Forward for Public Hearing with Amendments The proposed amendments were drafted in response to a request by an applicant to develop standards for a 12 -month festival permit. In addition, the proposed amendments would make the ordinance more consistent with today's practices regarding outdoor festival permits. The Committee suggested some minor revisions to the proposed ordinance and upon a motion by Mr. Butler, seconded by Mr. Collins, the Committee unanimously forwarded this item, with the revisions suggested by the Committee, to the Board of Supervisors for public hearing. (See Attachment.) Chairman Shickle asked about the responsibility of the applicant to provide an emergency and health plan and whether or not the deposit requirement would enable people to pay a deposit and have the county take over those functions versus the applicant providing them as required. Supervisor Lofton responded that the purpose of the deposit was to allow the county to recoup any costs incurred as a result of the festival, not to enable applicants to put their responsibilities on to the county. Chairman Shickle stated he would like to find a way to make the language a little more "blunt" so that interpretation would not be viewed as the norm, but rather the exception. He went on to say he would like to have that language in place prior to the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board forwarded the proposed amendments to public hearing with the language to be amended to ensure the County is not the provider of emergency and health services. Supervisor DeHaven stated he would like to see some language to tighten the requirements to ensure applicants are good corporate citizens whereby there are no ordinance violations on the festival property, taxes have been paid, etc. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye The next meeting of the Code and Ordinance Committee will be held on July 14, 2010 at 2:30 p.m. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 16, 2010 at 8:00 a.m. Members Richie Wilkins and Richard Shickle were absent. Items 1 and 3 were approved under consent agenda. Item 2 was deleted from the agenda. Minute Book Number 35 Board of Supervisors Regular Meeting of 06123/10 N Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The Sheriff requests an FY 10 General Fund supplemental appropriation in the amount of $893 This amount represents reimbursements for DARE t- shirts. No local funds needed. See attached memo, p. 1. — Approved Under Consent Agenda. 3. The Public Works Director requests an FYI General Fund supplemental appropriation in the amount of $7,600. This amount represents unspent grant funds received in FY 10 from the Chesapeake Bay Restoration Fund. See attached memo, p. 3 -5. — Approved Under Consent Agenda. 4. The Public Works Director requests an FY 11 Landfill Fund supplemental qpp_ropriation in the amount of $1,700,000 This amount represents unspent FY 10 funds in the amount of $200,000 for landfill improvement projects and $1,500,000 for landfill closure. See attached memo, p. 3 -5. The committee recommends approval. — Approved. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 5. The NRADC Superintendent requests an FY 11 NRADC Fund supplemental gpropriation in the amount of $106,470 for rebate arbitrage payment to the IRS. See attached memo, p. 6. The committee recommends approval. — Approved. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 509 Gene E. Fisher Aye Gary A. Lofton Aye 6. The County Administrator requests an FY 10 General Fund supplemental appropriation in the amount of $2,000 from the transportation reserve funds. This amount represents the 2010 membership fee for the I -81 Corridor Coalition. See attached memo, p. 6 -9. The committee recommends approval. — Approved. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The Finance Director requests discussion on the VRS resolution. See attached info., p. 10 -11. The committee recommends approval of the attached resolution for the County to continue to contribute the 5% to VRS for all employees. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution of authorization to pick -up the employee's contribution to VRS under §414(h) of the Internal Revenue Code for Plan 2 Employees. RESOLUTION 9091 -10 WHEREAS, the Virginia General Assembly, in its 2010 session passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as "Plan 2 Employees "). The legislation stipulates that Plan 2 Employees will pay their 5 percent member contribution and that, absent other action by the employer, such contribution will be paid through salary reduction according to Internal Revenue Code §414 (h) on a pre -tax basis; and WHEREAS, the legislation allows certain employers, including the Frederick County (Employer Name) to pick -up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary; and WHEREAS, the election to pick -up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary shall, once made, remain in effect for the applicable fiscal year (July 1 -June 30) and shall continue in effect beyond the end of such fiscal year absent a subsequent resolution changing the way the 5 percent member contribution is paid; and WHEREAS, employee contributions that are picked -up as an additional benefit not paid as salary are not considered wages for purposes of VA Code §51.1 -700 et seq. nor shall they be considered salary for purposes of VA Code §51.1 -100 et seq.; and WHEREAS, the Frederick County (Employer Name) desires to pick -up and pay its Plan 2 Employees' member contributions to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation; and WHEREAS, VRS tracks such picked -up member contributions and is prepared to treat such contributions as employee contributions for all purposes of VRS. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 51G NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first day of July [state month must be after the date this Resolution is adopted], the Frederick County (Employer Name) shall pick -up member contributions of its Plan 2 Employees to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation subject to the terms and conditions described above; and it is further RESOLVED that such contributions, although designated as member contributions, are to be made by the Frederick County (Employer Name) in lieu of member contributions; and is it further RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the picked -up contributions made by the Frederick County (Employer Name) directly instead of having them paid to VRS. Adopted in Frederick County, Virginia this 23` day of June, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. Discussion is requested on Starting Point and the Public Inebriate Center. See attached info., p. 12 -23. The committee recommends a DCS Fund supplemental appropriation in the amount of $10.000 in order to complete the plans for renovations. The committee also recommends that the completed plans are forwarded to the Public Works committee for their review. Also recommended by the committee is to continue the operations of the Public Inebriate Center on weekends as funds allow. — Approved. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 9. The Commissioner of the Revenue discusses the ad valorem assessment of personal property. See attached letter, p. 24 -26. ** *Information Only * ** 27 -38. 1. The Finance Director provides April 30, 2010 financial statements. See attached, p. 2. The Finance Director provides the Fund 10 Transfer report. See attached, p. 39 -45. 3. The Finance Director provides the May 2010 Unreserved Fund Balance report. See attached, p. 46. 4. The AARP Tax Aide Program sends a letter of appreciation for the County's contribution. See attached, p. 47. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 0 DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model Oversight Committee (DIM -OC) met on Tuesday, June 8, 2010 at 8:00 a.m. Members Present Josh Phelps H. Paige Manuel Gary Lofton Stephen Pettler Dr. John Lamanna Gary Dove Kris Tierney Members Absent J.P. Carr Roger Thomas Al Orndorff, Wayne Lee, Patrick Barker, and Eric Lawrence were present. Val VanMeter was present on behalf of the Winchester Star; Alex Bridges was present on behalf of the Northern Virginia Daily. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs form the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1) and resulting projected capital facilities costs (Attachment #2) are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: The DIM -OC recommends the use of the critical inputs, and for their incorporation into model. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the critical inputs and their incorporation into the Development Impact Model. The above motion was approved by the following recorded vote: Richard C. Shickle NEW FY2010 FY2011 Single Family Dwelling Unit = $ 21,664 $ 21,672 Town Home Dwelling Unit = $ 15,441 $ 15,200 Apartment Dwelling Unit = $ 13,005 $ 13,022 The DIM -OC recommends the use of the critical inputs, and for their incorporation into model. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the critical inputs and their incorporation into the Development Impact Model. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent 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 Regular Meeting of 06/23110 512 ** *Informational Purposes Only * ** The DIM -OC discussed the operation of the DIM, and whether the DIM incorporates a credit for real estate taxes paid by new residential uses when projecting capital expenditures. It was noted the County does not have a policy directing a percentage of residential real estate taxes toward capital expenditures. The DIM -OC also reviewed DIM - generated figures associated with a 20 -year projection of all expenditures and revenues from a typical single family residence to learn that the expenditures far exceed revenue generated by the residential use, almost by a 2:1 ratio. Expenditures include capital, as well as operational costs, associated with provision of local services such as schools, fire and rescue, sheriff, and parks and recreation. Revenues include an assortment of tax contributions, including real estate, personal property, retail sales, meals, and various other contributions. Please contact staff should you have questions. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - ROCK HARBOR AMENDMENT TO THE ROUND HILL COMMUNITY LAND USE PLAN, AN AMENDMENT TO THE 2007 COMPREHENSIVE POLICY PLAN, CHAPTER 6 LAND USE, TO UPDATE THE ROUND HILL LAND USE PLAN WHICH INCLUDES AN EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA) BY APPROXIMATELY 265 ACRES. THE AMENDMENT ESTABLISHES A NEW AREA OF LAND USE THAT PROMOTES THE RECREATIONAL AND OPEN SPACE ATTRIBUTES OF THIS AREA AND SUPPORTS A WELL- DESIGNED CONFERENCE FACILITY AND COMMERCIAL CENTER, WITH A LIMITED AMOUNT OF ACCESSORY RESIDENTIAL OPPORTUNITIES AND AN ORIENTATION TO THE GOLF COURSE AND FUTURE ROUTE 37 INTERCHANGE. THE AREA IS GENERALLY LOCATED WEST OF ROUTE 37 AND SOUTH OF THE WINCHESTER AND WESTERN RAILROAD IN THE BACK CREEK MAGISTERIAL DISTRICT. — (RESOLUTION #092 -10) - APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a request to include 260 acres of the Rock Harbor property and five (5) acres of the Robinson property into the Sewer and Water Service Area to accommodate a conference facility and commercial center. The guiding principles for this amendment included: - Establishment of a new land use to promote a recreation facility in the area; - Address community facilities; - Design standards; and - Transportation. The proposal contains a balance of land uses to include: - Recreational; - Open Space; - Commercial; and - Accessory membership residential. Deputy Director Ruddy concluded by saying the Planning Commission recommended approval with the inclusion of alternative language that would provide greater flexibility regarding the timing of construction of the conference center, and therefore, the timing and inclusion of the Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 513 accessory residential land uses. Chairman Shickle stated the wording says there will be no further subdivision of the Commercial Recreation area, but it does not mention the residential area. He asked if everyone knew there would be no further subdivision of the property. Deputy Director Ruddy responded the entire parcel was classified as commercial recreation area, but if extra clarification was needed then language could be added. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He stated tonight was the conclusion of a long process. He noted the applicant had two primary goals: - Development of conceptual plan to sustain Rock Harbor through a number of accessory uses; - Find a site for a conference center for the community. He commended staff on their willingness to work with the applicant on this process. He noted this application has the opportunity to take the load of off the sewer system because it will contain gray water facilities for irrigation. He acknowledged this was one project and the properties would not be subdivided. He concluded by saying if this plan is approved this evening then the next step would be to develop an ordinance for this district, which could contain additional requirements. Supervisor Lofton stated the Planning Commission made the recommendation that the residential uses might be developed prior to the conference facility. He noted there was no timing to that. He asked if there was something to give timing to that aspect. Mr. Wyatt responded there had to be some limitation on the uses, but the Planning Commission felt there would be a sliding scale when the ordinance is finally written. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Lofton stated this was a good addition to the land uses we now have. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the amendment to the Frederick County 2007 Comprehensive Policy Plan. WHEREAS, an amendment to the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Round Hill Land Use Plan by an expansion of the Sewer and Water Service Area (SWSA) by approximately 265 acres, was considered. Also considered was the establishment of a new land use designation to be known as Recreation and Conference Commercial Community. This amendment was reviewed by the Comprehensive Plan and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 514 meetings; and WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of this amendment on September 14, 2009; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on June 2, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on June 23, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to update the Round Hill Land Use Plan by an expansion of the Sewer and Water Service Area (SWSA) by approximately 265 acres and to establish a new land use designation to be known as Recreation and Conference Commercial Community (maps attached). This amendment shall be in effect on the day of adoption. Supervisor DeHaven stated support for the uses and the mix of uses; however, he was concerned about adding 265 acres to the sewer and water service area when we cannot serve existing properties. The above motion was approved this 23` day of June, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Lofton advised the local Department of Social Services has been developing a family engagement model, which would bring all of the necessary people "to the table ". He went on to say the State Department of Social Services is mandating some type of family engagement and Frederick County's model is one of three being advocated. He concluded by praising the Department of Social Services staff for the work being done. Chairman Shickle advised he met with the Secretary of Transportation and attended an event at the I -81 weigh station near Middletown. He received a letter thanking him for coming and he learned a lot about the operations of the station and the number of vehicles served. He asked Mr. Riley to distribute a copy of the letter to the Board. Supervisor Dove advised the Lake Holiday Dam Working Committee will have a report Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 515 on the Board's July 28, 2010 agenda. He noted the Board would have to approve a referendum at that meeting in order to have that item on the ballot in November. CITIZEN COMMENTS Kathleen Ericson -Nord, a small business owner on W. Jubal Early Drive, appeared before the Board to urge them to get Congress to pass the Glass - Steagall Bill. She stated this act was repealed in 1999 and helped lead to the financial crisis. She concluded by saying the country was at risk. Robert Baker, LaRouche PAC, asked the Board to consider asked the Board to consider adopting a resolution to restore the Glass - Steagall Act because we are in an international financial crisis. He went on to say the LaRouche PAC was asking boards of supervisors and city councils to urge Congress to reinstate the Glass - Steagall Act. He read the following statement and resolution: "Under the title `Move to Pass LPAC Resolution Immediately!' the Lyndon LaRouche Political Action Committee has issued a draft emergency resolution which `must be pushed through and debated in city councils, legislatures, and other organizations as a matter of urgency ... No dithering — move on it now!' The text of the draft emergency resolution is as follows: To Save Our Nation, Congress Must Pass Glass - Steagall and Shut Down Derivatives Now! WHEREAS, the leadership of the U.S. Senate has sabotaged the inclusion of the Cantwell - McCain Glass - Steagall amendment into the so- called financial reform bill, thus leaving our banking system vulnerable to the ongoing blowout of the world financial system, as such is anticipated by the current freeze -up of bank lending, and the 1000 point flash' drop in the U.S. stock market; and WHEREAS, that same leadership, under pressure from the Obama Administration and Wall St., has similarly removed any significant enforcement mechanism from that `reform' bill in respect to the trading of derivatives, and has given every indication, as of May 24, that they intend to remove the Lincoln amendment, which imposes restrictions on banks trading in derivatives, from the bill entirely during Conference discussions with the House of Representatives; and WHEREAS, the re- imposition of the Constitutional Glass - Steagall principle that separates commercial from speculative banking, and the shutdown of the hundreds of trillions dollar derivatives casino — both measures which have been strongly promoted and supported by leading economist Lyndon LaRouche — are indispensable, and inseparable, first steps for saving the U.S. economy and creating the basis for launching of a real economic recovery program based on massive infrastructure projects. THEREFORE, be it resolved that demands that Congress immediately act to pass the Cantwell- McCain Glass - Steagall amendment (or law), and to adopt measures which will lead to the shutdown of the derivatives market, starting with the Cantwell- Lincoln amendment to the Dodd bill. " Bill Dodson, Opequon District, appeared before the Board to thank them for keeping DETOX open. He said it was a great help to the community. BOARD OF SUPERVISORS COMMENTS Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 516 Administrator Riley advised the Superintendent of Schools, on behalf of the School Board, has requested a joint work session of the Board of Supervisors and the Frederick County School Board. The target date is August 11, 2010 prior to the Board of Supervisors' meeting. The Board agreed to the joint work session on August 11, 2010. Administrator Riley advised there was an interest in having the Board go into the community to update citizens on issues affecting the county and to listen to their feedback, questions, concerns, etc. These gatherings, similar to the town hall meeting format, would be advertised as community forums. He noted staff was seeking the Board's feedback and direction as to the format, locations, and possible dates. He went on to say the format would follow this outline: - Chairman — opening remarks; - Staff presentation regarding Board activities and issues affected the county; - Question and answer session between Board and attendees; and - Closing remarks and Board comments. The first two forums are proposed to be held in early to mid - August at Star Tannery and Gainesboro. He suggested these forums be held on Monday nights, due to fewer night meeting conflicts. The Mondays in August would be the 2 9 16 23` and 30 He further suggested 7:00 p.m. -9:00 p.m. as the proposed time for these forums. He went on to say a third forum would be held shortly after the beginning of the school year at the new Greenwood Mill Elementary School and suggested a similar format and time. Administrator Riley advised staff would return to the Board at a later meeting to secure a date. Supervisor DeHaven stated he was very supportive of this proposal and hoped the Board could visit each magisterial district. Administrator Riley suggested the Board focus the first two meetings on either August 2, 9, or 16. He went on to say this could be a roundtable format and dress could be business casual. He suggested the Board try to find groups to host the meetings if possible. Supervisor Lofton stated the forums were an excellent idea and he would be willing to help in anyway he could. Supervisor Dove thought it was a good idea. Supervisor Fisher thought the proposal was an excellent idea. The Board decided to hold the first two community forums on: - August 2, 2010 in Star Tannery; and - August 16, 2010 in Gainesboro. Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10 517 ADJOURN UPON A MOTION BY SUPERVISOR DOVE, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:24 P.M.) Richard C. Shickle Chairman, Board of Supervisors n R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: E-.`'�' Jay EJT i1Jbs Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 06/23/10