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November 10 2010 Regular Meeting Minutes114. A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 10, 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; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. Chairman Shickle called the meeting to order. PRESENTATION BY DOMINION POWER RE: MOUNT STORM TO DOUBS REBUILD PROJECT Emmett Toms, Manager of State & Local Affairs, Stephanie Harrington, Manager of Electric Transmission Project Communications, Wade F. Briggs, Jr., Electric Transmission Projects Manager III, and Courtney R. Fisher, Senior Siting & Permitting Specialist Electric Transmission, all with Dominion Power, appeared before the Board to provide an update on their proposed rebuild project of the Mount Storm to Doubs transmission line. Mr. Toms advised Dominion would be hosting an open house on this project on Tuesday, November 16, 2010 at James Wood High School. He noted letters have been sent to affected landowners, meaning those who have the line on their property. Miss Fisher provided an overview of the proposed rebuild of the 500 kV transmission line. She noted that 20 miles of the proposed rebuild would take place in Frederick County. She went on to say: - Mount Storm to Doubs was constructed in 1966 as part of the original 500 kV loop. - It is heavily loaded and is one of the critical lines justifying the need for building Meadow Brook — Loudoun. - Aging infrastructure requires moving forward now with complete rebuild. - The new structures will average 130 feet in height. - No new right of way will be required. - Dominion is working with PJM on line outage dates, etc. Supervisor Lofton asked about the connection of the Dominion rebuild and PATH. Mr. Briggs responded they were two separate projects. This project addresses aging infrastructure. PATH is a separate project and PJM is endorsing it separate from this rebuild. Administrator Riley asked if the same right of way could hold both projects. Mr. Briggs responded it could but residents would have to look at tall structures. He Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 115 went on to say there were security concerns with having two large transmission lines located in the same right of way. He stated NERC (National Energy Regulatory Commission) does not like large transmission lines located adjacent to one another due to national security concerns. Supervisor Lofton stated he would like to see this opportunity taken to see if the two entities could work together to reduce the footprint on Frederick County. He went on to say if these opportunities are not explored then the opportunity is lost. Mr. Briggs stated the rebuild would add capacity to the line, but the voltage remains the same. Chairman Shickle asked if any of this electricity makes its way to Frederick County. Mr. Briggs responded that was hard to say. He noted the lines feed the transmission grid. He went on to note there would be a three to seven month period of line outages as this rebuild is completed. Miss Fisher stated Dominion would work to get the outages in the fall and spring. Supervisor Dove asked what would happen if the SCC says Dominion cannot do this project. Mr. Briggs responded there have been preliminary meetings with SCC staff. Dominion spoke about the need for the upgrades and he did not see an issue with the SCC. Supervisor Dove stated that the natural thing to do seemed to be to put more power on this line and eliminate PATH. He went on to say our next step is to work with someone to see if we can eliminate a future problem that we have with PATH. He agreed with the rebuild and felt it was the wise thing to do. He concluded by saying we have another issue that I don't think is being worked on as it should be. Chairman Shickle stated the Board has spent a considerable amount of time, effort, and resources opposing PATH. He asked why the Board should not oppose Dominion's project. Mr. Briggs responded this project is straight forward and is based on aging infrastructure and capacity. Chairman Shickle asked if the project could go somewhere else. Mr. Briggs responded that within the timeframe under which they are working it was not realistic. Miss Fisher stated the SCC relies on the State Code requirements for these projects and they make applicants explain why existing right of way cannot be used. She went on to say that Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 116 FERC (Federal Energy Regulatory Commission) prefers we use existing right of way, if possible. Chairman Shickle thanked Dominion's representatives for coming. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (7) for consultation with legal counsel regarding a litigation matter, Shenandoah Mobile Company v. Board of Supervisors currently pending in the Frederick County Circuit Court and requiring the provision of legal advice by counsel. 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 RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, 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 Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Section 22-3711 A (7), specifically consultation with legal counsel regarding a litigation matter, Shenandoah Mobile Company v. Board of Supervisors currently pending in the Frederick County Circuit Court and requiring the provision of legal advice by counsel. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 117 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RECESS Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher 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 DeHaven, 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 E; - Lake Holiday Dam Working Group Report — Tab F; and - Road Resolution — Star Fort, Section 7 — Tab R. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 118 approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the minutes from the October 11, 2010 Community Forum at Sherando High School. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the October 13, 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 EMPLOYEE OF THE MONTH AWARD FOR NOVEMBER, 2010 — (RESOLUTION #024 -10) - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Patricia M. Lowery as Employee of the Month for November 2010. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 0 nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Patricia M. Lowery, who serves as an Administrative Assistant with the Northwestern Regional Adult Detention Center, Division of Court Services was nominated for Employee of the Month; and, WHEREAS, Patricia M. Lowery has been instrumental in integrating the financial and personnel management activities during the merge of Court Services Division with the Northwestern Regional Adult Detention Center since April 2010. Ms. Lowery took the lead in coordinating the revision of the Division's supply and equipment procedures to align them with the Jail's processes and played a critical role in revising the budget to accommodate changes in the Inebriate and Starting Point operations. WHEREAS, Patricia M. Lowery served as a single point of contact for both ASAP and Probation ensuring continuity of operations during a very turbulent period of change and uncertainty. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 10 day of November, 2010, that Patricia M. Lowery is hereby recognized as the Frederick County Employee of the Month for November 2010; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Patricia M. Lowery for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Patricia M. Lowery is hereby entitled to all of the rights and privileges associated with this award. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF DONALD H. SHIRLEY TO THE FREDERICK COUNTY GRIEVANCE PANEL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board appointed Donald H. Shirley to the Frederick County Grievance Panel. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10/10 120 GARY R. OATES NOMINATED FOR APPOINTMENT TO THE BOARD OF ZONING APPEALS AS THE STONEWALL DISTRICT REPRESENTATIVE - APPROVED Upon a motion Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board nominated Gary R. Oates as Stonewall District representative to Board of Zoning Appeals. 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 JAMES W. GOLLADAY, JR. REAPPOINTED TO THE WINCHESTER FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION AS FREDERICK COUNTY BUSINESS REPRESENTATIVE (NON- CLUSTER) - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed James W. Golladay, Jr. as Frederick County's Business Representative (non - cluster) to the Winchester - Frederick County Economic Development Commission. This is a three year appointment, said term to expire January 31, 2014. 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 CHARLES R. SANDY, JR. TO THE PARKS AND RECREATION COMMISSION AS MEMBER -AT -LARGE - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board reappointed Charles R. Sandy, Jr. to the Parks and Recreation Commission as member -at- large. This is a four year appointment, said term to expire January 25, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 121; Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to issue a refund to Albin Tractor in the amount of $16,498.00 for an adjustment to business equipment for 2010 that was shown as business assets but qualifies for short term rental under the new law enacted by the General Assembly. He went on to say the county attorney has reviewed same and indicates a refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on October 19, 2010. Members present were: P.W. Hillyard, III, Ronald Madagan, Cheryl Swartz, Marty Cybulski, and Patrick Anderson. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. Cosponsored Group Requests — Mr. Cybulski moved that the Commission accept applications for cosponsorship from Frederick County American Little League Association, Frederick County National League Association, Blue Ridge Youth Soccer Association, American Legion, Mavericks, Winchester Athletic Association, second by Ms. Swartz, carried unanimously (5 -0). Standing Committee Reports 1. Capital Improvements Plan FY 2011 -12 — The Buildings and Grounds Committee recommended the approval of the Capital Improvements Plan for FY 2011 -12 as submitted, second by Mr. Anderson, motion carried (5 -0). LAKE HOLIDAY DAM WORKING GROUP REPORT - APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room on Tuesday, October 26, 2010 at 10:00 a.m. No Items Require Board Action 1) Update of Efforts to Secure Financing County staff continues to explore options for funding the spillway replacement. At this Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 122 time the potential sources of financing have stated a desire to hold off on further exploration into the availability of financing until the outcome of the referendum is known. 2) Status of Spillway Design A meeting was held on October 12, 2010 between County staff representatives and the principal project engineers from Black and Veatch to discuss the 90% design drawings for the spillway. Following extensive discussion, the engineers are preparing their responses and /or drawing modifications in response to the review comments. 3) Referendum on Borrowing, In accordance with provisions contained within the State Code, Frederick County intends to provide a neutral explanation of the referendum on borrowing. The attached one page document will be made available to the voters at the voting precinct on the day of the election. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee and Green Advisory Committee met on Tuesday, October 26, 2010 at 8:00 a.m. All members were present except Gene Fisher, Bob Wells and Chris Collins. Whit Wagner was tardy, but did attend the last half of the closed session. The following items were discussed: ** *Items Requiring Action * ** 1. Closed Session A closed session was convened in accordance with the Code of Virginia paragraph 2.1- 3711 Subsection A (3), Acquisition and Disposition of Real Estate to discuss disposition of county surplus property located next to the Gore citizens' convenience site at 181 Back Creek Road. After reconvening from the closed session and certifying that the items discussed met the intent of the referenced code section, the committee unanimously recommended that staff make a counter offer in the amount of $30,000, in response to a purchase offer received from Mr. Robert L. Sine. The Board's consensus was to approve staff s counter offer of $30,000. 2. Impact of New Stormwater Regulations on Cement Curb and Gutter Requirements The Director of Planning and Development, Eric Lawrence, presented a brief overview of the potential impact of the new stormwater regulations on the current ordinances related to curb and gutter. After briefly discussing the impact as outlined in the attached memorandum dated October 19, 2010, County Administrator John Riley suggested that a work session be scheduled with the board of supervisors to discuss this item in detail. Consequently, the committee recommended that this request be submitted to the board at its next scheduled meeting to establish a date for a future work session. (Attachment 1) The Board directed staff to schedule the work session. 3. Communications Towers The director of public works gave a brief presentation related to the various types of communications towers that have been constructed in Frederick County. The PowerPoint presentation included visual illustrations of multiple guy towers, monopoles, and lattice towers as well as several antennae mounted on elevated water tanks. The committee recommended that this presentation be included in the same work session as previously requested for the curb and gutter discussions. The Board directed staff to schedule the work session. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 123 4. Joint Meeting The committee unanimously endorsed a request from the county administrator to seek permission from the board of supervisors to schedule a joint meeting between the public safety and public works committees to discuss policy related to the construction of new fire stations (substations) and reconstruction and/or relocation of existing fire stations. The Board's consensus was to move forward with the committee's recommendation to create a joint committee to discuss policy related to the construction of new fire stations (substations) and reconstruction and /or relocation of existing fire stations. ** *Items Not Requiring Action * ** 1. Disposition of Old Gainesboro Elementary School Based on direction from the board of supervisors resulting from their October 13, 2010 meeting, the committee again discussed the future fate of the Old Gainesboro Elementary School. The committee reiterated their support of a future library. However, because of current budgetary constraints, the costs associated with the renovation of the existing building for the use as a library would be prohibitive at this time. Consequently, the committee recommended that the assistant county administrator, Mr. Kris Tierney, pursue other options such as short-term leases which would keep the building occupied and pay for the utilities associated with the building upkeep. Frederick County would assume the responsibility for maintaining the structural integrity of the building such as roof repairs. Any leases would be reviewed by the county attorney and returned to the committee for their review prior to submittal to the board of supervisors for final approval. 2. Energy Performance Contract As requested, the committee was updated on the Performance Contract status. The Performance Contract document was approved by the county attorney and signed by the county administrator. A letter to proceed will be drafted when the document is returned from Siemens, anticipated in the next week. Staff will coordinate implementation of building upgrades. 3. Southeast Propane Autogas Development Program Grant Award In conjunction with GAS staff the Sheriff's department applied for, and was awarded a $58,000 grant to convert ten (10) Sheriff's vehicles to run on Propane fuel. Benefits of propane use include reductions in: fuel costs, maintenance costs, emissions of carbon and smog forming pollutants and imported fuels. Vehicles will be bi -fuel, meaning they will be able to run on either propane or gasoline. A fueling station is included in the grant with a proposed location at the Public Safety building. Annual gasoline displacement is estimated to be 12 percent of the Sheriffs Office annual consumption or 15,000 gallons. 4. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report _ (Attachment 5) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, October 20, 2010 at 8:00 a.m. Member Richard Shickle was absent. 1. The Assistant County Administrator provides a report on the use of Star Fort fees by the Shenandoah Valley Battlefields Foundation (SVBF). See attached information, p. 1 -16. The Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 124 committee accepts the report as favorable. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board accepted the report. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $19,967. This amount represents grant funds for the purchase of mobile radios. No local funds needed. See attached information, P. 17 -24. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request. 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. The Sheriff requests a General Fund supplemental appropriation in the a of $29,942 This amount represents grant funds for the Drive Sober, Slow Down & Buckle Up project. No local funds needed. See attached information, p. 25 -42. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, 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 Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of _ $4,081.31 This amount represents federal forfeited asset funds received. No local funds required. See attached memo, p. 43. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 125 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 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,326.83 This amount represents reimbursement of overtime from the FBI. No local funds required. See attached memo, p. 44 -49. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request. 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 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $596,975.25 This amount represents unspent grant funds carry forward. No local funds needed. See attached, p. 50 -51. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, 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 Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The Assistant Public Works Director requests a General Fund supplemental appropriation in the amount of $172,948.21 This amount represents a carry forward of unspent funds for the NW Works building project. No local funds required. See attached, p. 52. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, 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 Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 1� 8. The Commissioner of the Revenue gave a brief update on the status of the reassessment. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for FYI 1. See attached, p. 53 -54. 2. The Finance Director provides the Unreserved Fund Balance report. See attached, p. 55. 3. The Sheriff provides information on the Clean Cities Grant. See attached, p. 56 -68. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on October 25, 2010, at 8:30 A.M. Members Present Chuck DeHaven (voting) Dave Burleson (voting) James Racey (voting) Gary Lofton (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 2. Revenue Sharing 2011 - Approved Staff shared the attached letter from VDOT with the Committee. Staff noted that VDOT is simply asking localities to provide a letter of intent at this time as they make an effort to fully fund revenue sharing requests next spring. Staff recommended that a letter of intent be issued noting that Frederick County plans to apply for the maximum ($1,000,000.00) in the next application cycle. Staff noted that there is no need to determine which project will be pursued at this time. On a motion by Mr. Lofton and seconded by Mr. Racey the Committee unanimously recommended that the letter of intent be issued as recommended. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the issuance of a letter of intent for Revenue Sharing funds for 2011 in the maximum amount of $1,000,000. 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 ** *Items Not Requiring Action * ** Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 127 1. Comprehensive Plan Update Staff forwarded comments received from Shenandoah University regarding the use of curb and gutter, as well as access management. Staff noted that the issue of curb and gutter use has recently been sent to the Public Works Committee by the Board of Supervisors, so it would not be appropriate to take action at this time. However, depending upon future actions by that Committee or the Board, the issue may come to this Committee. The comments regarding access management were supportive of the plan as presented so no changes were necessary. Staff also forwarded comments received from a member of the Top of Virginia Builders that were generally supportive of the draft plan. The Committee asked staff to request a timeline update on the MPO Long Range Transportation Plan update and to bring the plan back in November for potential final action. 2. Other Staff updated the Committee on investigation of the use of sidewalk banks in Spotsylvania County and noted that additional information has been requested. The Committee had a number of questions and the item is expected to be on the November agenda for further investigation and discussion. Staff also updated the Committee that since the agenda had gone out; staff and some members of the Committee had met with VDOT regarding their ongoing Route 37 work. Staff is forwarding materials to the Committee for review and further discussion at the November meeting. PUBLIC HEARING PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE I, GENERAL PROVISIONS; SECTION 155 -4, PENALTY FOR LATE PAYMENT AND SECTION 155 -6, INTEREST ON DELINQUENT TAXES. THE PROPOSED AMENDMENTS ADD THE WORDS "SHORT TERM RENTAL" TO THE LIST OF TAXES INCLUDED IN THE RESPECTIVE SECTIONS. THE PROPOSED AMENDMENTS WERE OMITTED DURING THE CREATION OF THE NEW COUNTY CODE WHICH IMPLEMENTED A NEW SHORT TERM RENTAL TAX. - APPROVED Administrator Riley advised this was an amendment to the Frederick County Code, Chapter 155, Taxation to add the words "short term rental" to the list of taxes included in Sections 155 -4 and 155 -6. These words were omitted during the creation of the new county code section which implemented the new short term rental tax. 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 Vice - Chairman Ewing, the Board approved the ordinance to amend the Frederick County Code, Chapter 155, Taxation: The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -4 (Penalty for late payment) and 155 -6 (Interest on delinquent taxes) of Article I (General Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended as follows (deletions are shown in bold-stAkethrough and additions are shown in bold underline) CHAPTER 155, Taxation Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 .128 ARTICLE I, General Provisions § 155 -4. Penalty for late payment. There is hereby imposed a penalty of 10% of the taxes past due which shall apply to any of the following taxes, including assessments, fees or charges for any of the following taxes: real estate, tangible personal property, sanitary district, machinery and tools, business licenses, transient occupancy licenses, meal licenses, public service, bank franchise, and- streetlights and short term rental § 155 -6. Interest on delinquent taxes. Pursuant to the authority granted by §58.1 -3916 of the Code of Virginia, 1950, as amended, interest shall be due and payable on all delinquent taxes on tangible personal property, machinery and tools, real estate, sanitary district tax, business license tax, transient occupancy license tax, meal license tax, public service tax, bank franchise tax, streetlights tax short term rental, and all penalties thereon from the first day following the day such taxes are due at the rate of 10% per annum. Enacted this 10 day of November, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - ORDIN TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 48, ANIMALS AND FOWL; ARTICLE I, DOG LICENSING; RABIES CONTROL; SECTION 48 -18, LICENSE TAXES._ 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 TWENTY FOUR MONTHS OF LESS. THIS WILL LEAVE TWO LICENSE OPTIONS: ONE YEAR VACCINATION CERTIFICATE FOR NEW PUPPIES AND THREE YEAR LICENSE TO CORRESPOND TO THE TH YEAR VACCINATION CERTIFICATE. - APPROVED Administrator Riley advised this was an amendment to the Frederick County Code, Chapter 48, Animals and Fowl to eliminate the January 1 to December 31 time frame in subsection A along with the two year license tax for the vaccination period of twenty four months or less. This amendment will leave two license options: One year vaccination certificate for new puppies and three year license to correspond to the three year vaccination certificate. 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 Collins, the Board approved the ordinance to amend Chapter 48, Animals and Fowl. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 129 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 48 -18 (License taxes) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (deletions are shown in bolder and additions are shown in bold underline) CHAPTER 48, Animals and Fowl ARTICLE I, Dog Licensing; Rabies Control § 48 -18. License taxes. A. License periods for individual dogs shall be fr 7 anuary I to Deeemti 31 o th e yeaq however, any per-son who applies for a lieense may elect for- the lieense period to be —equal to and run concurrently with the rabies vaccination effective period for that respective dog. Any person who applies for a license tag for a neutered or spayed dog shall present, at the time of application, certification from a licensed veterinarian attesting to the neutering or spaying of the dog. If such certification is not so presented, the dog shall be taxed the fee levied on male or female dogs. Kennel licenses are only sold for a one -year period and shall be due on January 1 and not later than January 31 of each year. Inspections by animal control may be required before the issuance of a kennel license. B. License taxes shall be in the amount of- Spayed or Neutered Not Neutered or Not Spayed January 1 to December 31 or $5.00 $10.00 vaccination period of 12 months or less Vaccination period of 36 $10.00 $20.00 months or less Multi -dog license: 20 multi -dog license $30.00 50 multi -dog license $50.00 Enacted this 10 day of November, 2010. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - REZONING #01 -10 OF BUSY BEEZ DAYCARE SUBMITTED BY GREENWAY ENGINEERING TO REVISE PROFFERS ASSOCIATED WITH REZONING #05 -01 FOR 1.324 ACRES OF LAND ZONED B3 (INDUSTRIAL TRANSITION) DISTRICT TO B3 WITH REVISED PROFFERS AND 0.567 ACRES ZONED B3 TO B2 (GENERAL BUSINESS) DISTRICT WITH REVISED PROFFERS TOTALING 1.89 ACRES. THE Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 130 PROPERTIES ARE LOCATED ON THE WEST SIDE 1F MARTINS] (ROUTE 11), APPROXIMATELY 2,000 FEET SOUTH OF INTERSTATE 81, EXIT 323, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 33 -A -92 AND 33 -A -93 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres to allow for the addition of a day care use on the .567 acre parcel. The proposed land use is consistent with the Northeast Land Use Plan. She concluded by saying the Planning Commission recommended approval. Jeremy Tweedie, Greenway Engineering, appeared before the Board on behalf of this application. He noted the proposed daycare facility would be a benefit to the Clearbrook Community. 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 Rezoning #01 -10 proffer revision of Busy Beez Daycare. WHEREAS, Rezoning #01 -10 Proffer Revision of Busy Beez Daycare, submitted by Greenway Engineering to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) District and to rezone 0.567 acres of land from the B3 District to the B2 (General Business) District with revised proffers, totaling 1.89 acres, was considered. The total 1.89 acres was originally zoned with proffers to the B3 District with Rezoning #05 -01. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33 -A -92 and a portion of 33 -A -93. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers for 1.324 acres land zoned B3 (Industrial Transition) District and to rezone 0.567 acres of land from the 83 District to the B2 (General Business) District with revised proffers, totaling 1.89 acres, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 131 Passed this 10 day of November, 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 - WAIVER REOUEST — TELECOMMUNICATIONS TOWER — A REQUEST BY AT &T, SUBMITTED BY GREENWAY ENGINEERING, TO ALLOW A 120 FOOT LATTICE -TYPE TELECOMMUNICATION TOWER IN LIEU OF A 120 FOOT MONOPOLE - TYPE TELECOMMUNICATION TOWER AS APPROVED WITHIN CONDITIONAL USE PERMIT #05 -10. THE PROPERTIES ARE LOCATED ON THE EAST SIDE OF MARTINSBURG PIKE (ROUTE 11 NORTH) APPROXIMATELY ' / 4 MILE NORTHEAST OF INTERSTATE 81, EXIT 317, AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 43- A -130 AND 43 -A -132 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a waiver request to Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165- 204.19B Telecommunications Facilities, Commercial to allow a 120 -foot lattice -type telecommunication tower in lieu of a 120 -foot monopole -type telecommunication tower approved within Conditional Use Permit #05 -10. The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately 1 /4 mile northeast of Interstate 81, Exit 317, in the Stonewall Magisterial District. Zoning Administrator Cheran went on to say the Planning Commission recommended approval. Ty Lawson, Lawson & Silek, appeared before the Board on behalf of the applicant. He stated the applicant believed a lattice tower was better for this location. He went on to say the lattice tower would allow co- location of applicants and he asked that the Board approve this request. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor DeHaven asked if this tower would be self - supporting lattice. Administrator Cheran responded yes. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the waiver request. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 132 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 PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, 165- 401.03 CONDITIONAL USES; ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 603 B2 BUSINESS GENERAL DSTRICT, 165- 603.02 ALLOWED USES; ARTICLE II SUPPLEMENTARY USE REGUALTIONS, BUFFERS AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES 16- 204.24 FLEA MARKETS; AND ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 165- 101.02 DEFINITIONS AND WORD USAGE — REVISIONS TO THE FREDERICK COUNTY ORDINANCE TO ALLOW FLEA MARKETS IN THE B2 AND RA DISTRICTS. - 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 address the allowance of flea markets. Currently, flea markets are only permitted in the B2 (Business General) District under SIC 5932 — Used Merchandise Sales. Staff prepared a draft amendment to the Zoning Ordinance to only allow indoor flea markets as a permitted use in the B2 (Business General) District and indoor /outdoor flea markets as a conditional use in the RA (Rural Areas) District. Supplementary use regulations have also been drafted that would correspond with the conditional use in the RA District. She went on to say the supplemental use regulations address the following: parcel size, access, parking and surface material, allowable days of operation, buffers and fencing, and a site plan requirement. A definition of flea markets was also drafted. She added that the changes to the buffering and fencing requirements were based on Board of Supervisors' comments. She concluded by saying the Planning Commission recommended approval of the proposed ordinance amendments. Chairman Shickle convened the public hearing. Robert Light, Lawson & Silek and resident of the Red Bud District, appeared before the Board on behalf of the flea market. He noted his clients have reviewed the amendments and support them. Earl Collins, Back Creek District, spoke in favor of having flea markets in Frederick County. He went on to say these markets give people the opportunity to purchase items at a Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 133 reasonable cost. He concluded by asking the Board to approve these amendments. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Lofton asked if this ordinance would prohibit vendors setting up in vacant parking lots to sell goods. Senior Planner Perkins responded that if those places meet the definition of a flea market then they would need a conditional use permit to operate. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the ordinance amending the Frederick County Code, Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165- 401.03 Conditional Uses; Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts, Part 603 B2 Business General District, 165- 603.02 Allowed Uses; Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165- 204.25 Flea Markets; Chapter 165, Zoning, Article I General Provisions, Amendments and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usage. 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 November 10, 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 IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, 165- 401.03 CONDITIONAL USES; CHAPTER 165, ZONING, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, PART 603 B2 BUSINESS GENERAL DISTRICT, 165 - 603.02 ALLOWED USES; CHAPTER 165, ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 204, ADDITIONAL REGULATIONS FOR SPECIFIC USES, 165- 204.25 FLEA MARKETS; CHAPTER 165, ZONING, ARTICLE I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 165- 101.02 DEFINITIONS AND WORD USAGE are revised. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 134 § 165- 401.03. Conditional uses. LL Flea Markets, Operated Indoors or Outdoors. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 — B2 Business General District. § 165- 603.02. Allowed Uses. Standard Industrial Classification Miscellaneous retail, except for the following: 59 Flea markets, Operated outdoor Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165 - 204.25. Flea Markets. Flea Markets wh ere allowed in the RA (Rural Areas) Zoning District shall mee the following requirements. 1. Property siz shall be a minimum of six (6) acres not to e xceed fifteen (15) ac res. 2. The site m ust have direct frontage and access to a colle or arte rial roadway. All entrances shall conform to VDOT sta ndards. 3. Flea markets may be located indoor or outdoor. 4. Flea mar kets shall only be permitted to operate Friday- Sunday and on holidays. 5. Required onsite p shall be one (1) space per 400 sq uare feet of enclosed oor area a nd one (1) space per 3,000 square feet of ou tdoor display area. 6. All parking s paces and travel aisles shall be graveled Th Boa of Supe rvisors may require through the Conditional Use Permit process that all travel aisles and/or irking space be paved with a minimum double prime and seal or alternative dust free surface. 7. All ite displayed for sale shall be located within de signated ve ndor spaces. 8. A Categ B Zoning District Buffer shall be required a lon g any adjacent parcel six acres in si or less that is used for residential purposes. A Catego B Zoning District Buffer shall also be required along any adiacent property where a dwelling is located 50 feet or less from the proposed flea market p roperty. 9. When adiace to property primarily used for purposes othe than residential, fencin (w ire type non opaque) shall be provided along t he property line. 10. A site pla in accordance with the requirements of Article Vlll shall be submitted to and appro by Frederick County The site plan shall deline all v endor spaces and parking spaces. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165- 101.02. Definitions and word usage. FLEA MARKET An occasional or periodic sales activity held within a building, structure, of outdoor where groups of individual sellers offer goods for sal to the pu blic, not to include private garag sales Such sellers may set up temporary stalls or tables for the sale of then p roducts. Such sales may involve new and/or used items to include but are not limited to household items, antiques, rare items, decorations, used book used maga zines, ' iewelry clothing, an d/or a variety of merchandise and may also include the sale of fruits, veget able. and other eatable items The sale of vehicles, heavy equipment, bo ats, watercraft, agr icultura Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 135 machinery, or the like shall be prohibited. The individual sellers at the flea market need not be the same each time the market is in operation. This amendment shall be in effect on the day of adoption. Passed this 10 day of November, 2010. Supervisor Dove stated he did not like supplementary regulation #6 regarding gravel parking spaces and travel lanes, but he would still vote in favor of the ordinance. 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 PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 165- 101.02 DEFINITIONS AND WORD USAGE; AND 165 - 201.06D OFF - PREMISE SIGNS — REVISIONS TO THE FREDERICK COUNTY ORDINANCE IN RELATION TO CLARIFICATION AS IT PERTAINS TO OFF - PREMISE DIRECTIONAL SIGNAGE. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff was recently informed that the sign ordinance contained within the Zoning Ordinance required clarification as it pertains to off - premise directional signage. The sign ordinance revision adopted in 2007 limited off - premise signs to business signs and multi- tenant complex signs, but does not address directional signage. She went on to say off - premise directional signage has been permitted with a Conditional Use Permit in most Zoning Districts since 1973. The Zoning Ordinance in effect from 1973 -1989 allowed all types of signs to be allowed as "off- premise signs" with a CUP. The language contained in the Zoning Ordinances in effect from 1990 through the present call out "off- premise business signs" being allowed with a CUP. The current wording of the Zoning Ordinances can be misleading because directional signs and business signs are two different types of signs; however, both off - premise and business signs are defined as signs "which directs attention to" and, therefore, would also be considered directional signs. Senior Planner Perkins concluded by saying that this proposed amendment would permit off -site directional signs with a Conditional Use Permit. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 ..136 Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the ordinance amending the Frederick County Code, Chapter 165, Zoning, Article I General Provisions, Amendments and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usages; Part 201 Supplementary Use Regulations, 165- 201.06 Signs. 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 November 10, 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 I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, 165- 101.02 DEFINITIONS AND WORD USAGES; PART 201 SUPPLEMENTARY USE REGULATIONS, 165- 201.06 SIGNS is revised. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101– General Provisions § 165 - 101.02. Definitions and word usage. SIGN- Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. G. SIGN, DIRECTIONAL— A sign that is designed or erected for the purpose of providing direction and /or orientation for pedestrian or vehicular traffic. Directional signs shall have lines and arrows indicating the direction to which attention is being called and shall only indicate the name of the use or business using the sign. § 165- 201.06 Signs. This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the County by protecting property values, and providing adequate signage for businesses and motorists; protecting and enhancing the image, appearance and economic vitality of the County, and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently listed in §§ 165- 201.06 and 165- 101.02 of the Frederick County Zoning Ordinance shall be prohibited. D. Off - premises signs. In all zoning districts only multi- tenant complex signs, business signs, directional signs and residential subdivision signs shall be allowed off - premises. No other type of off - premises signs shall be allowed. Off - premises signs shall be freestanding monument signs. Such signs shall be allowed only if a conditional use permit for that sign has been granted. Conditions which may be placed on off - premises signs may include, but not be limited to, the following: Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 137 (1) Appropriate separation shall be provided between the off - premises as sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. (2) Off - premises signs shall be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case shall exceed the size and height regulations set forth in § 165- 201.06 for freestanding signs. (3) Off - premises signs shall be properly separated from each other to avoid clutter along road corridors, and in no case shall be less than the regulations set forth in § 165 - 201.06F. This amendment shall be in effect on the date of adoption. Passed this 10 day of November, 2010. Supervisor DeHaven stated staff did a great job on this amendment, which took a lot of time and a lot of work. There being no further discussion, 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 PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 202 OFF - STREET PARKING, LOADING AND ACCESS, 165- 202.01 OFF - STREET PARKING; PARKING LOTS — REVISION TO THE CURB AND GUTTER REQUIREMENTS FOR PARKING AREAS. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff was requested to draft an amendment to the Zoning Ordinance to revise the curb and gutter requirements for parking areas. The Zoning Ordinance currently requires parking lots in all zoning districts (with the exception of 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 received by staff 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. The Planning Commission recommended approval of this proposed amendment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 138 Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved an ordinance amending the Frederick County Code, Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 202 Off - Street Parking, Loading and Access, 165- 202.01 Off - Street Parking, Parking Lots. 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 adoption on November 10, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on November 10, 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 II SUPPLEMENTARY USE REGULATIONS, PARKING, BEFFERS AND REGULATIONS FOR SPECIFIC USES, PART 202 OFF - STREET PARKING, LOADING AND ACCESS, 165- 202.01 OFF - STREET PARKING, PARKING LOTS is revised. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 202 — Off - Street Parking, Loading and Access § 165- 202.01. Off - street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. in the RP Resiaei4ialTer-f D et, th �4 Residential Planned Community Distr-iet, the R5 Residential Reefeational stfic the N4141 M 14ame GawAnunity Distr-i — t he Neighbor-hood Business > Busine G Di the MS (Medieal Supp Dist iet and t h e uE (14i er - Ea ueat i on ) Dis iet When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. i t h e B3 i a rr,..,n- Dist -i t h e the use gtt n star manag purpos a. In the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the MI Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. b. a--The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Minute Book Number 36 Board of Supervisors Regular Meeting of 11 /10 /10 139 Area if the site plan provides for effective stormwater management and efficient maintenance. c. 4- The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. This shall only be permitted where practices such as bio- retention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under -drain is included in the design and only when approved by the Director of Public Works. This amendment shall be in effect on the day of adoption. Passed this 10 day of November, 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 OTHER PLANNING ITEMS DISCUSSION — COMPREHENSIVE POLICY PLAN AMENDMENT #01 -10 OF TASKER WOODS — SENT FORWARD FOR PUBLIC HEARING WITH CHANGES Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this amendment proposed modifications to the land covered by the Tasker Woods Land Use Plan. Specifically, an 8.67 acre adjustment to the Urban Development Area with a corresponding 2.41 acre adjustment to the Sewer and Water Service Area in the northern portion of the study area and a change in Land Use Classification from Neighborhood Village and Commercial to Residential. He went on to say the Planning Commission and Comprehensive Plans and Programs Committee recommended: - The expansion of the Urban Development Area in the northern portion, to accommodate additional residential units, with an accompanying residential land use designation. Access to these residential uses shall be via the extension of the previously proffered road system. No additional entrances onto Macedonia Church Road or Route 522 would be permitted. - The expansion of the Urban Development Area (6.26 acres) in the southern portion, to accommodate additional residential units, with an accompanying residential land use designation. The southern area of environmental features would form the boundary between the residential and commercial land uses. Protection of the identified environmental features remains an important consideration. Deputy Director Ruddy went on to say that in making its recommendation regarding the amendment to the Land Use Plan, the Comprehensive Plans and Programs Committee also recommended that the net addition of residential units not increase the number of residential units previously proffered for the Tasker Woods project. In addition, the committee encouraged Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 140 the applicant to consider utilizing the B2 overlay on the balance of the commercial zoning in the northwest quadrant of the intersection of Tasker Road and the Tasker Woods access road. The Planning Commission endorsed the comments of the Comprehensive Plans and Programs Committee. Deputy Director Ruddy concluded by saying staff was seeking the Board's direction regarding this proposed Comprehensive Plan amendment. Deputy Director Ruddy noted that, in addition to the above, staff received correspondence on November 1, 2010 from an adjacent property owner requesting that their 2.5 acre property, immediately west of the proposed Urban Development Area change, be included in the proposed UDA expansion. Supervisor DeHaven asked if there was a caveat to the recommendations that there was to be no increase in the total density in the Tasker Woods land bay, because he did not see it. Deputy Director Ruddy responded that part of the recommendation was no increase in residential units. Ron Mislowsky, Patton Harris Rust and Associates, appeared before the Board regarding this item. He advised that, initially, when the applicant looked at only Tasker Woods they did represent the number of units would not change; however, if the 2.5 acres of the Brill property are brought in then the number of residential units would change. He went on to say the applicant originally asked for commercial designation at Macedonia Church Road and Route 522. Supervisor Fisher recalled when the proposal originally came in the number of residential units was 319. He asked if the number of units increase if the Brill property is included in the plan. Deputy Director Ruddy responded that if the acreage at Route 522 and Macedonia Church Road is designated residential instead of commercial then the number of units could not be kept at 319. Supervisor DeHaven stated at the very least the CPPC should weigh in on the inclusion of the 2.41 acre parcel. He went on to say access to that site was a separate issue and portions of this plan still need work. Supervisor Fisher stated he did not agree with what the Planning Commission and the CPPC did. He thought the 2.41 acre parcel should remain as a Sewer and Water Service Area expansion. He went on to say that he the applicant had spoken with the adjacent property owners Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 1411 and the church. Mr. Mislowsky stated the applicant had asked for a SWSA only expansion for the 2.41 acre parcel. Supervisor Fisher stated if the Brill property was included at this point he believed there were issues with additional residential units in the area. He went on to say that he would like to move forward with the UDA expansion on the Brill property. Supervisor DeHaven stated he was fine with where the board currently was on the proposal. Supervisor Fisher stated that he understood the applicant wants the 2.41 acres as a SWSA only and 319 units, but the addition of the Brill property would equal additional residential units. He went on to say the 319 units needs to apply to the original proposal. Supervisor DeHaven stated if the Board removes 6.26 acres from the B2 district then they need to find 6.26 acres in that vicinity to replace it. With regard to the 2.41 acres at Macedonia Church Road and Route 522, Supervisor Fisher stated that he believed access to the SWSA expansion was critical. He did note there were VDOT distance requirements that must be dealt with in on that site as well. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board forwarded Comprehensive Policy Plan Amendment #01 -10 of Tasker Woods forward to public hearing with the following conditions: - Leave the 2.41 acre parcel at Macedonia Church Road and Route 522 as a SWSA expansion; - UDA expansion for the 6.26 acre parcel; - UDA expansion for the 2.5 acre Brill property; - Residential units to remain at 319, not including the Brill property; and - Access to the 2.41 acre SWSA expansion to be dealt with during the rezoning process. Supervisor DeHaven expressed concern over sending a Comprehensive Policy Plan Amendment forward to public hearing that included a landlocked property with no road frontage. He went on to say we have to be very careful. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 142 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ROAD RESOLUTION - (RESOLUTION #025 -10) — STAR FORT, SECTION 7 — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and .WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for a comprehensive stormwater detention which applies to this request for addition; and WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and/or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced roads into the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This resolution shall be in effect on the date of adoption. Passed this 10 day of November, 2010. This item was approved under the consent agenda. BOARD LIAISON REPORT There were no Board liaison reports. CITIZEN COMMENTS Sortis Pappas, Gainesboro District and Frederick County Citizens Against PATH, appeared before the Board regarding the proposed PATH electric transmission line. He stated that PATH was in a rush. He went on to say we are the third choice and it should definitely be stopped. He stated PATH has filed their application again and it was incomplete. Congressman Wolf asked that the application be rejected with prejudice. The location of PATH next to the Mt. Storm -Doubs line creates a liability and safety issue. The SCC is planning to hold a public Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10 143 hearing in Winchester again and the materials have been sent to the Bowman Library in Stephens City. Mike Johnson, Gainesboro District, spoke in support of the proposed rebuild of Dominion's Mt. Storm -Doubs line. He stated this proposal would go a long way to determine if PATH is necessary. He asked the Board to send a letter to the SCC regarding the proposed hearing location. He felt it was important these hearings be held at James Wood High School because it is the county that is affected by this proposal. He concluded by asking the Board to draft a letter to the SCC to have the hearing moved. BOARD OF SUPERVISORS COMMENTS Vice - Chairman Ewing called the Board's attention to the Sherando Bike Path. He thanked the Parks and Recreation Commission and employees for the good work they did on this project. He thanked the Board for the funds to construct this path. Supervisor Dove stated a letter would be sent seeking a change of venue. Chairman Shickle directed staff to write a letter and copy Congressman Wolf and our local delegation regarding a change of venue for the public hearing. 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. (9:00 P.M.) Richard C. Shickle hn R. Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: _ r 64 Jay E. TiblZ$ Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 11/10/10