November 30 2010 Minutes-Work Session with Public Works Committee148
A Work Session of the Frederick County Board of Supervisors and the Frederick County
Public Works Committee was held on Tuesday, November 30, 2010, at 12:00 P.M., in the Board
of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.;
Gary W. Dove; Gene E. Fisher; and Gary A. Lofton.
ABSENT
Christopher E. Collins (Arrived at 12:20 P.M.).
OTHERS PRESENT
Public Works Committee members Whit Wagner, George Ludwig, James Wilson, and
Robert Wells; Planning Commissioners June Wilmot, Gary Oates, George Kriz, and Greg Unger;
John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay
E. Tibbs, Deputy County Administrator; Ed Strawsnyder, Director of Public Works; Joe Wilder,
Deputy Director of Public Works; Eric Lawrence, Director of Planning and Development;
Candice Perkins, Senior Planner; and Rod William County Attorney.
CALL TO ORDER
Chairman Shickle called the meeting to order.
TELECOMMUNICATION TOWERS
Public Works Director Ed Strawsnyder gave a brief presentation regarding the three types
of communication towers found in Frederick County: lattice, monopole, and guyed. With
regard to guyed towers, he noted the anchors are 2/3 the height of the tower. He went on to say
that from a distance these towers are not as obtrusive as other designs.
Regarding lattice towers, he noted they do not require a lot of, land, rest on triangular
base, constructed of mostly angle iron, and can hold multiple antennae.
Regarding monopole towers, he noted they have a singular foundation of 4' x 6' with a
depth of 30 feet, restricted to a height of 195 feet, and limited in the number of antennae they can
hold.
Supervisor Lofton asked if the narrow band width required by the FCC requires more
equipment load.
Director Strawsnyder responded that his department was seeing more lattice towers, but
he does not think there was an increased load.
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Planning Commission Chairman June Wilmot asked if there was a type of use that
determined what type of tower would be constructed.
Director Strawsnyder responded that he did not know, but he would say the type of tower
selected was site specific.
Planning Director Eric Lawrence advised that he had spoken with a representative who
sites cell towers and was told his clients prefer monopoles in urban areas because they make less
of a footprint. Towers are situated every three miles, but once the number of users exceeds the
tower's capacity then a new tower is sited every mile and a half.
CURB AND GUTTER AND STORMWATER MANAGEMENT
Senior Planner Candice Perkins appeared before the Board regarding this item. She
advised that the Board discussed this item at their October 13, 2010 meeting. The Board referred
this item to the Public Works Committee to discuss possible ordinance requirements. She noted
the State's new stormwater regulations are not finalized; however, the proposed timeline was
October 2011 for State approval and Frederick County implementation by 2013.
Deputy Director of Public Works Joe Wilder advised the current State regulations are on
hold, as parts of the regulations are currently being rewritten. The State's committee is looking
at grandfathering and implementation of nutrient loading. He went on to say the rewrite of the
new regulations should be finished by late spring 2011. Once these State regulations are
effective local governments will be given 18 -24 months to develop a local ordinance. He stated
it would be premature to say what is going to be required under these regulations and what is not
going to be required. He advised the other issue that is out there is the EPA's Total Maximum
Daily Load requirements. He stated stormwater is a concern for local streams and the EPA is
looking at local stream impact on the Chesapeake Bay.
Chairman Shickle asked if more curb and gutter equaled more TMDLs.
Deputy Director Wilder stated the problem is the underground storm sewer.
Chairman Shickle asked if the county could go very far in curb and gutter changes
without knowing the regulations.
Deputy Director Wilder responded no.
Supervisor Lofton asked if curb and gutter is more of a water quality or water quantity
issue.
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Deputy Director Wilder responded it was a little bit of both. He noted that under the
proposed new regulations preserving turf is important.
Robert Wells, Public Works Committee member, asked if the new regulations would
increase the cost of development. He also asked what the cost of the new regulations would be
to the county.
Deputy Director Wilder responded the State would have a stormwater fee, which would
be used to pay for this program. Of this fee, 28% goes to the State for overseeing this program.
He went on to say there would be a definite cost increase through permit fees and engineering
costs.
Chairman Shickle asked if there was a liability to local governments for already existing
things.
Deputy Director Wilder responded that the EPA believes Frederick County allowed
growth to occur and is responsible for growth. He noted the County probably would have to go
back and change some things. He went on to say the new regulations require a long term
maintenance agreement to be signed by the developer, homeowners' association, and the County
to ensure maintenance of retention areas and drainage easements, etc. He advised the proposed
permit fees do not cover the long -term maintenance and inspections of these areas. He said there
were three funding options available under this program: a tax, a stormwater utility fee, or
creating a service district.
Chairman Shickle asked if it was wise to keep waiting for the State regulations before
taking steps to address this issue.
Deputy Director Wilder responded the State does not want anyone to try to develop a
standard/program until the new regulations are in place.
Planning Director Eric Lawrence responded the County could accept creative stormwater
management plans, but we cannot require them at this point.
George Kriz stated if control can be maintained at the local level the County needs to
maintain site specificity.
Senior Planner Perkins stated in 2009 the ordinance was amended to allow the use of low
impact design and eliminating curb and gutter on a case by case basis. She went on to say the
ordinance was pretty flexible for innovative design for parking areas.
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Chairman Shickle asked the Planning Department to advise the Board if there were
"green" projects that wanted to do something that was not permitted by the ordinance.
Public Works Committee member Whit Wagner stated that he believed the ordinance
gives the design flexibility needed for a developer to do what needs to be done.
Planning Commissioner Oates agreed and stated the current ordinance works for him and
his clients.
There being no further business, the work session was adjourned at 1:12 P.M.
Richard C. Shickle J hVR. Ailey, Jr.
Chairman, Board of Supervisors Wk, Board of Supervisors
Minutes Prepared By:
Jay E. Ti s
Deputy Clerk, Board of Supervisors
Minute Book Number 36
Board of Supervisors Work Session with Public Works Committee - 11/30/10