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December 8 2010 Regular Meeting Minutes154 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 8, 2010, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Buildng, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Vice - Chairman Bill M. Ewing. Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board convened in closed session pursuant to Virginia Code Section 2.2 -3711 A (7) for consultation with legal counsel regarding legal matters requiring the provision of legal advice by such counsel, specifically, regarding the decision of the Board of Zoning Appeals as to property located at 1160 Jordan Springs Road, and any appeal from that decision, and regarding litigation filed by the Board and the County against the Town of Stephens City, currently pending in the Frederick County Circuit Court. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board came out of closed session and reconvened into Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 155 certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Section 2.2 -3711 A (7) for consultation with legal counsel, specifically, regarding the decision of the Board of Zoning Appeals as to property located at 1160 Jordan Springs Road, and any appeal from that decision, and regarding litigation filed by the Board and the County against the Town of Stephens City, currently pending in the Frederick County Circuit Court, and further that the Board authorize the filing of an appeal with the Circuit Court of the decision of the Board of Zoning Appeals regarding the property at 1160 Jordan Springs Road and the retention of legal counsel for such purpose. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Edgar Sorto, Mision Cristiana Church, Berryville, Virginia, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 156 consent agenda: - Lake Holiday Dam Working Group — Tab E; and - Road Resolution — Painter Hill — Tab L. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Supervisor Dove moved that the minutes from the November 10, 2010 meeting be approved. The motion was seconded by Supervisor DeHaven. Supervisor Fisher noted the following corrections on page 37: - 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 & the applicant had spoken with the adjacent property owners and the church.; and - Supervisor Fisher stated that he understood the applicant wants the 2.41 acres as a SWSA only and 319 aer e units, but the addition of the Brill property would equal additional residential units. He went on to say the 319 units need to apply to the original proposal. The minutes were approved with the noted corrections by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the November 15, 2010 Community Forum held at Stonewall Elementary School. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 157 Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund $3,118.36 to Gerald Bussert for an adjustment to personal property taxes for 2008, 2009, and 2010. The county attorney has reviewed same and indicates the refund appears to be justified. Upon a motion by Supervisor' DeHaven, seconded by Supervisor Collins, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RE UEST TO SCHEDULE A PUBLIC HEARING RE: SALE OF GORE PROPERTY — BACK CREEK ROAD - APPROVED Administrator Riley advised at the October 27, 2010 meeting of the Public Works Committee, a closed session was held pursuant to Code of Virginia 2.2 -3711 A (3), acquisition and disposition of real estate to discuss the disposition of county surplus property located next to the Gore citizens' convenience site at 181 Back Creek Road and is identified by Tax I. D. 27 -A- 121. Said property consists of 1.1 acres, an 872 square foot single family dwelling, and several outbuildings. Following certification of the closed session, the committee 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 of Supervisors' consensus, at their November 10, 2010 meeting, was to endorse the committee's recommendation. Since that time, staff has communicated with Mr. Sine and an agreed to price of $30,000 has been reached. Contract documents have also been executed. Staff is requesting the Board schedule a public hearing on the sale of this surplus property at their January 12, 2011 meeting. This property will be sold as is, together with all appurtenances and rights of way belonging thereto. Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 158 Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board authorized a public hearing on the sale of this property. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS LAKE HOLIDAY DAM WORKING 4- APPROVED UNDER CONSENT AGENDA X The LHSD Dam Working Committee met in the Public Works Department Conference Room on Tuesday, November 23, 2010 at 10:00 a.m. No action is required. 1) Financing An application of financing has been filed with the Virginia Resources Authority. The VRA Credit Review committee will meet in early December to review the application and staff analysis. We expect to hear something shortly after that meeting. The deadline for application for the spring bond issuance is not until February, therefore there is still plenty of time to respond to questions or requests for additional information from VRA; should there be any. There are a number of factors which combine to make this project unusual from a the financing perspective, the Sanitary District financing and desired two tiered assessment assessment ] have n all l County to offer its' moral backing, and the mentioned as possible red flags. Discussions with the County's financial advisors indicate should we fail to obtain financing through the VRA, a no -rated bond issuance may be possible, although they caution that the interest rate would need to be considerably higher in order to attract investors. 2) Temporary Access Road Discussions with the land owner regarding an easement for a temporary access road to Ebenezer Church Road are progressing. The access would be necessary to provide access to the lots on the south side of the lake during the spillway construction. The necessary discussions have been initiated with VDOT for approval. The County School System has also agreed to work with us regarding bus transportation for children residing in this portion of the development. 3) Spillway Design The spillway design is scheduled to be 100% complete in December. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee and bers were Advisory The following November 30, 2010, at 8:00 a.m. All m p resent except Bob items were discussed: ** *Items Requiring Action * ** Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 159 1. PPEA Proposals — Ended Discussion With Applicants And Refunded Deposit The committee convened into a closed session to discuss the disposition of a PPEA proposal for the design and construction of a new Frederick County Fire and Rescue Station in the Shawnee Magisterial District. After reconvening from the closed session and unanimously certifying that the discussion was limited to the subject under the Code of Virginia X2.2 -3711 Subsection A, (28), the committee unanimously recommended that Frederick County discontinue the PPEA process for the design and construction of a new fire station. They further recommended that the deposit submitted with the PPEA proposal be immediately returned to the applicant. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved ending the discussions with the applicants regarding the PPEA proposal for the design and construction of a new Frederick County Fire and Rescue Station in the Shawnee Magisterial District and to refund the applicant's deposit. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Fee for Building Appeal Application The committee reviewed a request from the director of public works to charge a fee for building appeal applications. After discussing this issue in depth, the committee recommended that consideration of a fee for building appeal applications be deferred to the next budget cycle. (Attachment 1) 2. Miscellaneous Reports a) Tonnage Report (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, November 17, 2010 at 8:00 a.m. Member Richard Shickle was absent. 1. The NRADC Superintendent requests a Court Services Fund supplemental appropriation in the amount of $57,885 to cover the costs of unemployment claims ($14,125), retiree healthcare ($5,098) and funding to continue current operations of the Starting Point Inebriate Center (Detox) until June 30, 2011 ($38,662). See attached memo, p. 1 -3. The committee recommends approval. - Approved Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 16 Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. The NRADC Superintendent requests a Court Services Fund supplemental gppropriation in the amount of $30,091 to relocate Court Services Community Corrections and Alcohol Safety Action (ASAP) programs. See attached memo, p. 4 -10. The committee recommends approval. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. The Sheriff requests the following General Fund supplemental appropriation in the amount of $1,447.60 These funds represent payment from a FOIA request ($400.60), a DARE fundraiser ($547) and revenue for the use of the firing range ($500). No local funds are needed. See attached memos, p. 11 -13. The committee recommends approval. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $77,687 This amount represents a carry forward of unspent grant funds. See attached information, p. 14 -18. The committee recommends approval. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 161; 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,500 This amount represents a carry forward of grant funds for Internet Crimes Against Children. See attached memo, p. 19 -22. The committee recommended approval of $2,000 due to documentation not available at the meeting; however, $2,500 is the appropriation needed. — Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Finance Director requests a General Fund supplemental appropriation in the amount of $2,139.04 in order to return unspent VJCCCA FY2010 funds to the State., See attached letter, p. 23. The committee recommends approval. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 7. The Winchester Regional Airport Director requests a Fund 85 supplemental appropriation in the amount of $140,000 for the acquisition of parcel 53 on Bufflick Road. See attached memo, p. 24. The committee recommends approval. - Approved Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. The Finance Committee Chairman requests discussion on the preparation of the FY 2012 budget. See attached memo, p. 25. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for FYI 1. See attached, p. 26 -27. 2. The Finance Director provides the Unreserved Fund Balance report. See attached, p. F Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 16 3. The Commissioner of the Revenue provides information on the latest reassessment. See attached, p. 29. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on November 22, 2010, at 8:30 a.m. Members Present Chuck DeHaven (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) Dave Burleson (voting) ** *Items Requiring Action * ** 3. VDOT Route 37 Work - Approved Staff shared the attached materials from VDOT with the Committee. The current proposal is to complete a right -of -way analysis with typical section to refine right -of -way needs along the corridor. Staff noted that VDOT is looking for local concurrence on Phase II of the attached scope of work. Staff also noted that a decision will need to be made regarding what to do in the next phase of study. On a motion by Mr. Lofton and seconded by Mr. Racey the Committee unanimously recommended that the Board move forward with the attached scope with the addition of analysis of which roadways will require fly - overs. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the attached scope with the addition of analysis of which roadways will require fly- overs. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ***Items Not Requiring Action* * * 1. Comprehensive Plan Update Staff presented the most recent draft of the transportation section. The Committee asked for re- wording in the corridor appearance section and a better description and references of the complete streets concept. 2. Route 522 Study Staff informed the Committee that the MPO was requesting comment on the draft 522 study. Staff noted that an updated draft has not been received since the County's last round of feedback was submitted. The Committee tasked staff with getting clarification as to whether Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 163 they are expected to render comment without an updated draft. Staff has contacted the MPO and the consultant will be supplying an updated draft. 4. Rural Long Range Transportation Plan Staff presented the attached table from the Rural Long Range Transportation plan for the region which is being completed by VDOT consultants. Staff noted that the intersection of Back Mountain Road and Route 50 would benefit from an acceleration lane, but that the remainder of the suggested improvements had already been undertaken by VDOT. VDOT noted that a beacon flasher for the signal is being put in at the intersection of Route 522 and VA 654 (Cedar Grove Road). Staff noted that this was the County's first opportunity to render feedback on this plan, which is being completed at the State level for every planning district in the state. 5. Other Staff updated the Committee on recommendations made regarding the potential expansion of the Town of Middletown. Staff noted that the current recommendations were developed after meeting with VDOT. In addition, staff noted that the widening of the ramps and specific lane number \type recommendations would come from traffic studies completed by development. Staff notified the Committee that a number of complaints had been received regarding the intersection of Valley Mill Road at Route 7. Staff and VDOT have met at the site with the developer of the Walgreens and changes to traffic controls are expected to be in place within a month. Mr. Evan Wyatt of Greenway Engineering was present and spoke to the Committee about giving development the option of paying into a fund as opposed to building sidewalks where none exist to connect to. Staff noted that this is in line with a program in Spotsylvania County which is currently being evaluated by the Transportation Committee. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #08 -10 FOR GISELLA QUEVEDO, FOR A COTTAGE OCCUPATION TO ENABLE AN IN -HOME DAY CARE FACILITY. THE PROPERTY IS LOCATED AT 110 MARLISE LANE IN THE STEEPLECHASE SUBDIVISION, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55J- 2 -1 -44 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was an application for a conditional use permit to enable an in -home day care facility. The property is located at 110 Marlise Lane, east of Greenwood Road. He noted the applicant meets the requirements to obtain a day care license from the State. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all-times. 2. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 164 on the property. 5. Other than those children residing on the property, there should be no more than 12 children being cared for at any time given. 6. Other than those persons residing on the property, there shall be no more than one employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Supervisor Lofton asked if the applicant would have one or two employees, as the written narrative mentioned two employees. Zoning Inspector Johnston responded the applicant was seeking only one additional employee. Chairman Shickle asked if the current number of children residing at the residence could be included in the number of children being cared for at one time. Planning Director Lawrence responded the number could be increased to 14 to allow for those children residing on the property. Supervisor Collins asked Zoning Inspector Johnston if he had researched the neighborhood's covenants to make sure the use was permitted. Zoning Inspector Johnston responded he had and it was permitted. Gisela Quevedo, applicant, appeared before the Board to regarding this application. She advised the Department of Social Services would limit the number of children allowed. She went on to say she was in the process of seeking a license from the State for 12 kids. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved Conditional Use Permit #08 -10. Supervisor Fisher stated he was concerned because this does not seem like the right use here. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 165 Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS DISCUSSION OF 2011 -2012 CAPITAL IMPROVEMENTS PLAN (CI — SENT FORWARD FOR PUBLIC HEARING Deputy Director Michael Ruddy appeared before the Board regarding this item. He advised this was the discussion of the proposed 2011 -12 Capital Improvements Plan. The plan has been endorsed by the Planning Commission and the Comprehensive Plans and Programs Committee. There are 77 projects, which is more than prior years. Deputy Director Ruddy noted a second table was prepared this year to reflect the groups' thoughts relative to funding, etc. He concluded by saying staff was seeking endorsement of the projects, maps, and a decision on which table to use. Supervisor Lofton stated he would like to have the total cost, but wanted the table to appear more realistic with regards to funding. He went on to say this was not yet where he wanted things to be. Supervisor DeHaven stated we need to recognize the CIP for what it is, a planning tool. Chairman Shickle asked how far out the development impact model looked. Director Lawrence advised it was a 20 year projection that looked at some CIP projects, but not all projects. He went on to say that to expend proffered funds the projects must be consistent with the CIP. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board forwarded the 2011 -12 CIP to public hearing with the new format to include maps, details, and departmental narratives. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF ZONING ORDINANCE AMENDMENT — DEFINITION OF PUBLIC BUILDINGS — (RESOLUTION #026 -10) - SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff was recently informed that the definition for "Public Buildings" needs to be Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 166 included in the Zoning Ordinance. He went on to say the term "Public Buildings" was introduced in the Zoning Ordinance as a permitted use in the BI (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), M1 (Light Industrial), M2 (Industrial General), and MS (Medical Support) Zoning Districts with the adoption of the SIC (Standard Industrial Classification) Manual which occurred in 1990. The placing of the term public buildings was in the location where SIC Major Groups 91 -97 should have been. SIC Major Groups 91 -97 (Division J) is the Public Administration section and only include government institutions; therefore, the public buildings use is only for state, local, and federal government uses. Supervisor DeHaven asked if the SIC could have been included in the ordinance by reference or by text. Director Lawrence responded that we do not have SIC references in the ordinance. Supervisor Collins stated he had a small problem with the terms "any area ". He asked if the public use of one office or room in an entire building would make the entire building a public building. Director Lawrence responded that staff looks at the building's main use. Supervisor Lofton stated he supported the proposal, but wondered if, in the definition, we are "kicking the can" further down the road. He asked if we knew what public purposes were. Director Lawrence responded that, from a zoning perspective, every property has a primary and a secondary use. He noted that public building would be the only primary use on the property. County Attorney Roderick Williams stated he believed the term public purposes was appropriate because the building would be owned, held, operated, or used by a government entity. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article I — General Provisions, Amendments, and Conditional Use Permits; Part 101 — General Provisions; 165- 101.02 — Definitions and Word Usage. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning for inclusion of a definition for Public Buildings. 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 the definition for Public Buildings. Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 167 NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to reconsider revisions to Chapter 165, Zoning for inclusion of a definition for Public Buildings. Passed this 8th day of December, 2010 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ROAD RESOLUTION ( #027 -10) — PAINTER HILL — APP 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 on 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 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 8` day of December, 2010. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10 O Supervisor Lofton wished everyone a Merry Christmas and a Happy New Year. Chairman Shickle thanked everyone who came out to the various community forums to talk to the board. ADJOURN UPON A MOTION BY SUPERVISOR DOVE, SECONDED BY SUPERVISOR COLLINS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:27 P.M.) Richard C. Shickle Chairman, Board of Supervisors W � Riley, Jr. Board of Supervisors Minutes Prepared By: Jay FJ T' bs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 12/08/10