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HomeMy WebLinkAboutOctober 13 2010 Regular Meeting MinutesA Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 13, 2010, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia.. PRESENT Chairman Richard C. Shickle; 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 Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab F; - Landfill Oversight Committee Report — Tab H; and - Transportation Committee Report — Tab I Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 097 Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the September 22, 2010 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS NOMINATION OF JAMES I. BRUMBACK, ROSALIE CORNWELL, MICHAEL A. LAKE, RONALD V. SHICKLE, AND LEON W. STROSNIDER AS MEMBERS OF THE BOARD OF EQUALIZATION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board nominated James I. Brumback, Rosalie Cornwell, Michael A. Lake, Ronald V. Shickle, and Leon W. Strosnider as members of the Board of Equalization. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF LESLIE R. TAYLOR TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Leslie R. Taylor to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment, said term to expire October 8, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye MUTUAL AID AGREEMENT WITH BERKELEY COUNTY, WEST VIRGINIA FOR FIREFIGHTING EMERGENCY MEDICAL SERVICES AND EMERGENCY MANAGEMENT — APPROVED AS AMENDED Administrator Riley advised that he had been working with the President of the Berkeley County Commission on a revised mutual aid agreement for firefighting, emergency medical services, and emergency management. He went on to say concern was expressed about the ability of those jurisdictions, which currently and may in the future charge a fee for service for ambulance service. In order to address this issue, he offered the following addition to paragraph 3: "This shall not prohibit the jurisdiction charging a fee for service to the customer for ambulance transport. " Vice - Chairman Ewing stated he had a problem with outside jurisdictions charging Frederick County residents a fee for service when they respond to calls in the county. He went on to say they should not be charging our citizens. Supervisor Dove stated that part of the way these companies make their budget is by charging fee for service; therefore, if a jurisdiction is serving our citizens then they should charge. He went on to say he supported Administrator Riley's amendment. Supervisor Lofton asked at what point would the fee be charged and would the citizens know in advance. Supervisor Collins asked what authority the companies that charge a fee for service have to charge it in Frederick County. Supervisor Fisher stated he supported Administrator Riley's amendment. Supervisor DeHaven stated he was not aware of any instance where a fee for service was charged and whatever was paid was not accepted. He concluded by saying he supported the proposed amendment. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the Mutual Aid Agreement with Berkeley County, West Virginia for Firefighting Emergency Medical Services and Emergency Management with the amendment to paragraph 3. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 NW Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye MUTUAL AID AGREEMENT WITH CLARKE COUNTY VIRGINIA FOR FIREFIGHTING AND EMERGENCY MEDICAL SERVICES — APPROVED AS AMENDED Administrator Riley offered the following amendment to paragraph number 3 of the mutual aid agreement with Clarke County, Virginia: "This shall not prohibit the jurisdiction charging a fee for service to the customer for ambulance transport. " Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the mutual aid agreement with Clarke County, Virginia for firefighting and emergency medical services. Vice - Chairman Ewing advised he would be voting for this agreement because Clarke County does not currently have a fee for service. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye _MUTUAL AID AGREEMENT WITH SHENANDOAH COUNTY, VIRGINIA FOR FIREFIGHTING AND EMERGENCY MEDICAL SERVICES — APPROVED AS AMENDED Administrator Riley offered the following amendment to paragraph number 3 of the mutual aid agreement with Shenandoah County, Virginia: "This shall not prohibit the jurisdiction charging a fee for service to the customer for ambulance transport. " Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the mutual aid agreement with Shenandoah County, Virginia for firefighting and emergency medical services. Vice - Chairman Ewing advised he would support this agreement because Shenandoah County does not currently have a fee for service. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 loo Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 21, 2010. Members present were: Charles R. Sandy, Jr., Ronald Madagan, Gary Longerbeam, Ron Hodgson, Marty Cybulski, and Patrick Anderson. Items Requiring Board of Supervisors Action 1. None. Submitted for Board Information Only 1. None. Standing Committee Reports 1. Finance Committee — The Finance Committee recommended a four hour maximum on field use fees, a league rate for non - FCPRD /Co- Sponsored reservations more than four hours, eliminating the tournament fee with no lights, increasing the tournament fee to $150 for residents and $175 for non - residents, and eliminating the vendor fee requirement for tournaments from the Athletic Field Use Policy. The Committee also recommended all other department fees and charges remain unchanged, second by Mr. Hodgson, carried unanimously (6 -0). CODE & ORDINANCE COMMITTEE REPORT - APPROVED The Code & Ordinance Committee met on Monday, October 4, 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 Supervisor Gary A. Lofton, Chairman; Supervisor Christopher E. Collins; and Stephen G. Butler. Also present County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; County Attorney Rod Williams; and C. William Omdoff, Jr., Treasurer. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, Article I, Section 155 -4 Penalty for late payment and Section 155 -6 Interest on delinquent taxes. — Forwarded For Public Hearing The proposed amendments were omitted during the creation of the new County Code Section 155 -155, which implemented a new short-term rental tax, which was authorized by the 2010 General Assembly to allow localities to impose the short-term rental tax to offset revenue lost by the elimination of the personal property/business equipment taxes on short-term rental property. The proposed amendments add the words short term rental to the list taxes included in the respective sections. Upon a motion by Mr. Butler, seconded by Mr. Collins, the Committee unanimously recommended this item be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board sent this item forward for public hearing. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 101 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Proposed Amendment to Frederick County Code, Chapter 48, Animals and Fowl, Article I, Section 48 -18, License taxes. — Forwarded for Public Hearing The proposed amendments would eliminate the January 1 to December 31 time frame in subsection A along with the two year license tax for the vaccination period of 24 months or less. This will leave only two license options: one year vaccination certificate for new puppies and the three year license to correspond to the three year vaccination certificate. Upon a motion by Mr. Collins, seconded by Mr. Butler, the Committee unanimously recommended this item be forwarded to the Board of Supervisors for public hearing and adoption. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board sent this item forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. Discussion of Illegal Immigration The Committee discussed and reviewed action the county could take to address the issue of illegal immigration. The committee looked at county hiring and procurement practices to ensure the organization was not violating any state or federal laws relative to the hiring of illegal aliens. In addition, the committee reviewed county services and operations where the county could require proof of citizenship in order to receive a service, license, or permit. The Board's directive was to look at only those items that localities are enabled to address and enforce, as there was no interest in developing ordinances or procedures which were not enabled and could not be enforced. The committee determined the county was doing what it was lawfully enabled to do with regard to immigration and that, ultimately, any additional tools to allow enforcement needed to come from the federal and state governments. Upon a motion by Mr. Collins, seconded by Mr. Butler, the committee unanimously recommended the Board of Supervisors encourage the General Assembly to enact enabling legislation relative to illegal immigration to give localities the tools they need to legally address the issue of illegal immigration. (See Attachment.) Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board authorized the County Administrator to draft a resolution to present to the Virginia Association of Counties and to draft letters to support specific legislation that comes up relative to this topic. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 101 Gary A. Lofton Aye LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, September 23, 2010 at 8:00 a.m. All committee members were present except Winchester representatives Evan Clark and Jeffrey B. Buettner and Frederick County representatives Gary Dove and Stan Crockett. The following items were discussed: ** *Items Not Requiring Action * ** 1. Amendment to Landfill Gas Rights Agreement Staff presented proposed amendments to the landfill gas rights agreement originally drafted between Frederick County and Greenhouse Gas Services, which recently sold the rights to this agreement to CAMCO Offsets I, LLC. Staff indicated that they currently support a majority of the proposed amendments which include the return of the rights to the Renewable Energy Credits (REC) to the Frederick County Landfill. The amendment language is currently being reviewed by the county attorney. Consequently, John Riley recommended that a final committee review of this amendment be postponed until the full impact can be evaluated by the county attorney. (Attachment 1) 2. Project Updates a. Landfill Gas to Energy: Mr. Joe Wilder presented a brief update of the status of the ongoing gas to energy project. It is anticipated that the two (2) one megawatt engines will be started on Friday, September 24, 2010. The subsequent 48 hour test run will be initiated soon thereafter. Actual production of electricity will commence as soon as the staff executes a contract with Pennsylvania Power and Light (PP &L) to sell our power. We anticipate that this contract process will be completed on or before October 7, 2010 with power production to follow. Administrator Riley reported that the landfill gas to energy system was dedicated on Tuesday, October 12, 2010. A press conference was held at the landfill and Chairman Shickle delivered some brief remarks and turned on the generators. b. Municipal Solid Waste (MSW) Cell Closure: A contract was awarded to C. William Hetzer, Inc. for the partial closure of a ten (10) acre MSW cell and the rough grading of a new ten (10) acre Construction/Demolition Debris (CDD) cell. The contractor mobilized during the first week in September and has completed the clearing of the CDD site and rough grading of the proposed MSW cell closure which required the removal of some in place solid waste material. The contractor plans to place some liner on the closure area prior to cold weather. PUBLIC WORKS COMMITTEE RE JPRT — APPROVED UNDER CONSENT AGENDA The Public Works and Green Advisory Committees met on Wednesday, September 29, 2010 at 8:00 a.m. All members were present except Gary Dove and Whit Wagner. The following items were discussed: ** *Items Not Requiring Action * ** 1. Review Bid Results Electrical Improvements Related to IT Room Assistant County Administrator, Kris Tierney, presented the bid results for the electrical improvements to the IT Room. Based on these results, he recommended that a contract be awarded to Consolidated Electric Services, Inc. in the amount of $49,685 to perform electrical services related to the relocation of a gas generator from the joint judicial center to the county Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 103 administration building. The Board of Supervisors had previously approved the funding for this project. (Attachment 1) 2. Discuss Lease of Old Gainesboro Elementary School A request to lease the Old Gainesboro Elementary School was presented by Kris Tierney for the committee's review. After a brief discussion, the committee unanimously recommended that no action be taken on this request at this time until the Board of Supervisors has the opportunity to discuss the future disposition of the property. This discussion could include future anticipated uses by the county or a possible lease and /or sale which would require declaring the property surplus. Supervisor Fisher advised the Public Works Committee was looking for direction or guidance from the Board regarding possible uses for the old Gainesboro Elementary School property. Supervisor DeHaven stated the Board should do whatever it takes to allow this property to serve the community; however, he did not want to pay to keep up the property if it was not being used. Vice - Chairman Ewing stated the Board should consider getting a branch of the library out there. He went on to say he would like to have a dialogue with the Handley Library Board and see some plans. Supervisor Dove stated he would like to see the property used for the benefit of Gainesboro's citizens; however, he has not pushed the issue due to the economic times. The consensus of the Board was a willingness to entertain potential uses for the property; however, it had to be the right use for the property. 3. Cell Towers The committee tasked the Director of Public Works with preparing a brief presentation comparing the various types of cell towers which have been constructed in Frederick County. This presentation should include photographs illustrating the various types of towers as well as design and safety features associated with each type. The presentation will be made at the next scheduled Public Works Committee meeting. 4. Green Advisory Committee Report (Attachment 2) 5. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) e. Recycling Information Report for Fiscal Year 2009/2010 (Attachment 7) Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 ) IR 6. Closed Session A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A, (28) to discuss a PPEA proposal for the design and construction of a new fire station in the Opequon Magisterial District. After reconvening from the closed session, a motion was made by Bob Wells and seconded by George Ludwig that only those items referenced under the above code were discussed in closed session. The committee unanimously endorsed this motion. No action resulted from the closed session. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on September 27, 2010 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Dave Burleson (voting) Gary Lofton (voting) * * * Items Requiring Action * * * None ** *Items Not Requiring Action * ** 1. Amherst Street Improvements Request Staff provided the attached communications from the Superintendent of Frederick County Public Schools regarding partnership in improvements to Amherst Street for discussion at the Transportation Committee. School representatives in attendance indicated that they had a number of concerns with the existing proposal and noted that the current fiscal situation was also a concern. The Committee discussed the traffic flow at the school and how it would be impacted by the improvements. In addition, the Committee noted that a signal is needed at the intersection of Amherst Street, Fox Drive, and the school entrance. The Committee requested that the school staff provide a full list of their concerns for future consideration. 2. Comprehensive Plan Update Staff provided an updated draft of the Transportation section of the Comprehensive Plan (attached) to the Committee and asked for feedback as soon as was convenient for members. The Committee discussed the new format of the Comprehensive Plan and noted its need to be concise. It was also noted that the Transportation Committee section was one of the better ones that had been received by the Comprehensive Plans Subcommittee. The Committee also noted the importance of properly defining new proposals, such as complete streets. Staff responded that this will be done. The Chairman noted that feedback was needed as soon as possible to aid staff in completing their work. 3. Capital Improvement Plan Update Staff presented the transportation component of last year's Capital Improvement Plan for the Committee's consideration. The Committee recommended the inclusion of Exit 310 improvements as a standalone project and that it be ranked number 2 on the priority list. Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 105 4. Route 522 South Draft Report Staff presented the attached draft of the Route 522 south report to the Committee along with the comments that staff had submitted for the study. It was noted that Tevis Street was still not analyzed at the intersection level but was included in the regional model. Staff noted that the regional model does not do intersection level analysis. Staff further noted that the consultant saying the intersection of Tevis Street and Route 522 was included in the regional model was not the same thing as doing the intersection level analysis that was done for the other study area intersections. However, the consultant has stated that they do not feel that this intersection was called out for analysis in the scope of work for the study, in spite of the facts that the scope does say that new and future improvements would be considered. Staff also noted that there was concern at the County Board of Supervisors level that Warrior Drive was not discussed. This is an important point because upon its completion, Warrior Drive will offer significant levels of traffic diversion from Route 522. PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165, ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIAL USES, 165- 204.19B TELECOMMUNICATION FACILITIES, COMMERCIAL — REVISION TO THE WAIVER PROVISION FOR LATTICE STYLE TELECOMMUNICATION FACILITIES. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff had been requested to draft an amendment to the Zoning Ordinance to revise the waiver provision for lattice style telecommunication facilities. The Supplementary Use Regulations for telecommunication facilities contained in the Zoning Ordinance (§ 165- 204.19B) currently requires all commercial telecommunication towers to be monopole -type construction. The Planning Commission is provided an opportunity to waive that requirement when the tower is located outside the Urban Development Area and is not adjacent to properties that are identified historic sites. The proposed ordinance amendment would allow the Board of Supervisors to waive the monopole requirement, would remove the Urban Development Area provision and would allow the Board of Supervisors, with a recommendation from the Planning Commission, to waive the monopole requirement "when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources." 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 Lofton, the Board adopted an ordinance amending the Frederick County Code Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses; Part 204 Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 106 Additional Regulations for Specific Uses; 165 - 204.19 Telecommunication Facilities, Commercial. 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 October 6, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 13, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165-204.19 Telecommunication Facilities, Commercial is revised. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165 - 204.19 Telecommunication facilities, commercial. B. The following standards shall apply to any property in which a commercial telecommunication facility is sited. In order to promote orderly ecenemis development and mitigate the negative impacts to adjoining properties: (2) Monopole -type construction shall be required for new commercial telecommunication towers. The Board of Supervisors may allow lattice -type construction for any telecommunication towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. sites: This amendment shall be in effect on the day of adoption. Passed this 13 day of October, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSAL TO CLOSE ROUTE 641 TO THROUGH TRUCK TRAFFIC FROM ROUTE 277 TO THE FREDERICKIWARREN COUNTY LINE, .05 MILE NORTH OF THE INTERSECTION WITH ROUTE 639. THE PROPOSED ALTERNATE ROUTE IS RO 277 EAST TO THE Helm CIya Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 107 (RESOLUTION #021 -10) - APPROVED Deputy Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised the Transportation Committee reviewed this issue back in 2009 and requested VDOT put up warning signs to discourage trucks from using this roadway. The situation was monitored and it was determined the signage did not have the desired effect. He went on to say that on September 27, 2010 the Transportation Committee recommended the Board move forward with an application to restrict truck traffic on this route. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Frederick County Board of Supervisors approved a resolution to request no through truck traffic on Double Church Road (Route 641) from Fairfax Pike (Route 277) to Refuge Church Road (Route 639). WHEREAS, Double Church Road (Route. 641) is classified as a local road designed to handle residential traffic and is not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and County officials are concerned about heavy truck traffic on this road; and WHEREAS, the Frederick County Board of Supervisors has identified that an alternate transportation route exists via Route 277 east to the intersection of Route 340/522, south to the intersection of Route 639, west to the intersection of Route 802, south to the intersection of Route 639 and west to the intersection of Route 639; and WHEREAS, in accordance with Section 46.2 -809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on October 13, 2010 to obtain public comments on restricting through truck traffic, from Fairfax Pike (Route 277) to Refuge Church Road (Route 639); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board, or its designee, consider restricting through truck traffic on Double Church Road (Route 641), from Fairfax Pike (Route 277) to the Frederick/Warren County line, .05 miles north of the intersection with Refuge Church Road (Route 639). This resolution shall be in effect on the day of adoption. Passed this 13 day of October, 2010. Supervisor Lofton was supportive of this particular action, but stated there are legitimate reasons for large trucks to be on the secondary roadways. Supervisor DeHaven stated these actions often have unforeseen consequences; however, in this instance he believed we were a victim of global positioning systems. Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 Mi The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Vice - Chairman Ewing stated that he hoped VDOT would make sure signs are put on major highways before the truckers enter Double Church Road. OTHER PLANNING ITEMS DISCUSSION — ORDINANCE AMENDMENT — INUNDATION ZONES — (RESOLUTION #022 -10) - NO ACTION TAKEN Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that in 2008 the Virginia General Assembly adopted legislation to address development in dam break inundation zones of state - regulated dams. The bill directs developers to assist dam owners with required upgrades and requires additional disclosure and notification procedures for dam owners. The requirements apply only to proposed developments downstream of a dam for which a dam break inundation zone map is on file with the County at time of the official submission of a plan to the County. Proposed developments within mapped dam break inundation zones must be identified on all subdivision design plans, sketch plans, and plat submissions. She went on to say this proposed amendment would apply to 12 dams in Frederick County. She concluded by saying staff was seeking direction from the Board on this proposed amendment. Supervisor DeHaven asked about the fee and to whom it would be paid. Senior Planner Perkins responded that Frederick County would notify the developer and they would need to send their proposal to the Department of Conservation and Recreation (DCR). DCR would decide if a payment was required. Supervisor Lofton asked if the County was compliant with the mapping of the inundation zones. Senior Planner Perkins responded there is currently one dam that is compliant and that is the dam at Lake Holiday. She went on to say DCR would be working with property owners to update maps during the inspection process. Chairman Shickle expressed some concern relative to the developer's payment of 50% of the cost for upgrades to DCR through the Flood Prevention and Protection Assistance Fund. He Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 109 stated "we ought not to approve development in those areas until we know if money is going to be there and someone can repair the dam." He went on to say "we sure want it to be legally sound that the board could deny approval until we know the dam improvements are being paid for." Supervisor DeHaven stated this proposed amendment was in reaction to a mandate from the state. Senior Planner Perkins advised the State Code prohibits the County from approving a subdivision in these areas unless DCR is in the process. Chairman Shickle asked if it was possible for the Board to not approve a subdivision unless they know 100% of the improvement costs are funded. Planning Director Eric Lawrence stated he did not believe the Board could add that additional statement, but he would have to research it. The Board took no action on this item. DISCUSSION — ORDINANCE AMENDMENT — REVISIONS TO CURB AND GUTTER REQUIREMENTS IN PARKING AREAS — (RESOLUTON #023 -10) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to draft an amendment to the Zoning Ordinance to revise the curb and gutter requirements for parking areas. She went on to say the Ordinance currently requires parking lots in all zoning districts (with the exception of the B3, OM, M1, and M2 which were revised in 2009) to provide curb and gutter around the perimeter of the entire parking lot. The amendment requests to utilize header curb within parking lots (elimination of the concrete gutter pan) in all zoning districts when not necessary for the drainage of stormwater. She concluded by saying the Planning Commission recommended approval and staff was seeking direction from the Board. Supervisor Fisher asked about the waiver process. Senior Planner Perkins advised there was currently no waiver provision; however, if the property is located outside of the sewer and water service area, the Zoning Administrator can approve a change. Supervisor DeHaven asked if this proposed amendment addressed the applicant's concerns or only part of their concerns. Senior Planner Perkins responded the amendment addressed their concerns. Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 10 Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board sent this proposed amendment forward for public hearing: WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning for revisions to curb and gutter requirements for parking areas. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on September 20, 2010; and WHEREAS, the Planning Commission discussed the draft ordinance on October 6, 2010 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning for revisions to curb and gutter requirements for parking areas. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning for revisions to curb and gutter requirements for parking areas. Passed this 13` day of October, 2010. Supervisor Fisher stated the day is upon us when curb and gutter has got to go away. It is nothing but an impingement on stormwater. He concluded by saying we need to get creative and come up with another way to address parking areas. Chairman Shickle stated that he thought this was a small step in that direction, because a one size fits all approach would not work. Supervisor Lofton stated he was not sure this was a step in the right direction. Supervisor Dove stated he would like to see staff come up with other options besides curb and gutter. There being no further discussion, the motion to forward this item to public hearing was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION — RELIANCE ROAD AREA LAND USE PLAN — TOWN OF MIDDLETOWN — AUTHORIZED STAFF TO TAKE THE PROPOSED LAND USE PLAN TO A COMMUNITY MEETING ON BEHALF OF THE COUNTY Director of Planning Eric Lawrence appeared before the Board regarding this item. He advised that the Town of Middletown was interested in pursuing a boundary line adjustment to Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 111 expand its boundaries east of Interstate 81. A steering committee was established to evaluate future land uses east of Interstate 81. He went on to say the steering committee forwarded the conceptual land use plan to the Board and Town Council for discussion and to seek direction. The conceptual land use plan called for future business and technology uses in the new area. The proposed breakdown of uses was approximately 28 acres for business (132 zone) and 158 acres for technology (OM zone). The proposed land use plan was an attempt to build off of the Foresight Middletown plan. He went on to say the concept land use plan called for the: - Relocation of northbound on/off ramps; - Relocation of Buckton road; - Continuance of boulevard and manage access along Reliance Road; and - Utilize town water and sewer. Director Lawrence went on to say this land use plan was a projection of 20 -30 years. Presently the limiting factor is the town's water system; however, the sewer plant is large enough to handle the proposed load. He concluded by saying staff was seeking direction. Mark Brown, Mayor of the Town of Middletown, briefly spoke about the Foresight Middletown plan, which was five years old and was being revised. He agreed with Director Lawrence's statement that water was the limiting factor for any development in that proposed area. Vice - Chairman Ewing asked Mayor Brown if he had discussed this proposal with the town council. Mayor Brown responded that he was waiting to do the full presentation to the council, but he had provided them copies of the meeting summaries so they were aware of this proposal. Supervisor DeHaven stated that he appreciated the work being done. He went on to say this was the first time he had seen distribution as part of a technology designation and /or the OM District. He expressed some concern with that and would like to see OM more heavily defined. Vice - Chairman Ewing stated he was pleased with the proposed plan and he thought it was an excellent plan for that area and it should be implemented regardless of how the boundary line adjustment goes. Chairman Shickle stated he would have less of a problem with the town annexing this land, if they knew what the use would be. He was concerned about the gray area shown on the map. He noted that discussion and action on this land use plan might be the last time the Board has a say in this process. Supervisor Lofton noted the key to a majority of this plan being implemented was water Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 1.12 supply. Supervisor DeHaven stated he believed this proposed plan was ready for public input. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board authorized staff to take this proposed land use plan to a public meeting on behalf of the County. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Mike Johnson, Gainesboro District, appeared before the Board regarding the proposed PATH transmission line. He thanked the Board for the work they did last year opposing PATH and noted a new application has been filed. He urged the Board to get on board opposing this project. He stated that he, like Congressman Wolf, would like to see the application rejected with prejudice. He concluded by asking the Board to send a letter to the State Corporation Commission similar to the one sent by Congressman Wolf. Carmen Russo, Gainesboro District, spoke in opposition to the proposed PATH transmission line. He cited health concerns relative to electromagnetic fields. He concluded by agreeing with Congressman Wolf's desire to see the application rejected with prejudice. Sortis Pappas, Gainesboro District, spoke in opposition to the proposed PATH transmission line. He stated he was happy the Board took action relative to the proposal. He went on to say he too would like to see the application rejected with prejudice. He concluded by saying Loudoun County reduced real estate taxes by 16% for people directly affected by PATH. BOARD OF SUPERVISORS COMMENTS Supervisor Dove thanked the citizens for coming out and stated the Board does not want PATH any more than they do. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY j SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13/10 113 THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:00 P.M.) Richard C. Shickle Chairman, Board of Supervisors Jr. Board of Supervisors Minutes Prepared By: C - w Jay E. Tibbs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 10/13110