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January 12 2011 Regular Meeting Minutes169 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 12, 2011, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; and Gary A. Lofton. ABSENT Gene E. Fisher. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2011 ELECTION OF VICE - CHAIRMAN — BILL M. EWING ELECTED Supervisor Dove nominated Supervisor Ewing for the office of Vice - Chairman. The nomination was seconded by Supervisor DeHaven. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board closed the nominations. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Abstain Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, Bill M. Ewing was elected to the office of vice - chairman. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Abstain Gene E. Fisher Absent Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 170 Gary A. Lofton Aye ADOPTION OF RULES OF PROCEDURE — APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye SELECTION OF A PARLIAMENTARIAN - JOHN R. RILEY, JR. ELECTED Supervisor Dove nominated County Administrator John R. Riley, Jr. to serve as Parliamentarian. The nomination was seconded by Vice - Chairman Ewing. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board closed the nominations. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board elected County Administrator John R. Riley, Jr. as Parliamentarian. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS - APPROVED Supervisor DeHaven moved that the second and fourth Wednesdays of each month, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2011. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Lofton. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 171 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye CHAIRMAN'S BOARD /COMMITTEE ASSIGNMENTS - APPROVED Chairman Shickle offered the following 2011 committee assignments for the Board's consideration: Richard C. Shickle: Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Northwestern Regional Jail Board alternate. Bill M. Ewing: Finance Committee Chairman; Human. Resources Committee; Joint Finance Committee; Regional Jail Board; Handley Regional Library liaison. Gary W. Dove: Public Safety Committee Chairman; Public Works Committee; Economic Development Commission; Air Quality Task Force; Shenair; Industrial Development Authority; Landfill Oversight Committee. Gary A. Lofton: Human Resources Committee Chairman; Code & Ordinance Committee; Finance Committee; Social Services Board liaison; Agriculture District Advisory Committee; Extension Leadership Council. Gene E. Fisher: Public Works Committee Chairman; Public Safety Committee; Airport Authority; Conservation Easement Authority; Frederick - Winchester Service Authority; Water Resources Advisory Committee; Sanitation Authority liaison. Charles S. DeHaven, Jr.: Transportation Committee Chairman; Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Juvenile Detention Center Board; Northwestern Regional Adult Detention Center Board. Christopher E. Collins: Code & Ordinance Committee Chairman; Transportation Committee; Parks & Recreation Commission liaison; Planning Commission liaison; Winchester- Frederick County Convention and Visitors' Bureau Board. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the committee assignments for 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 172 ADOPTION OF AGENDA - APPROVED Administrator Riley advised he had one addition to the agenda. He added a request from the School Board for a joint budget work session as item number 4 under County Officials. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent 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; and - Road Resolution — Old Mill Estates — Tab K. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent 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 DeHaven, the Board approved the minutes from the November 29, 2010 Community Forum — Age- Restricted Communities (Shenandoah Community Fitness Center). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 173 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the minutes from the November 30, 2010 Joint Work Session with the Public Works Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the minutes from the December 6, 2010 Community Forum — Homeowners' Associations (Shenandoah University). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the December 8, 2010 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Abstain Gene E. Fisher Absent Gary A. Lofton Aye COUNTY OFFICIALS PRESENTATION BY COMMISSIONER OF THE REVENUE RE: UPDATED WEBSITE Commissioner of the Revenue Ellen Murphy appeared before the Board to present her department's updated website. She began by introducing those staff members who helped create Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 174 this new website: Derek Brill, Lorraine Mossburg, and Bev Rosato. She then reviewed the updated site for the Board. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue in the amount of $3,876.37 for Ross Grant Hewitt, II for the proration of personal property taxes on items sold and not reported before the June bill was paid. The county attorney has reviewed the request and the refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye REQUEST FOR JOINT BUDGET WORK SESSION WITH FREDERICK COUNTY SCHOOL BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved a joint budget work session with the Frederick County School Board on Wednesday, February 9, 2011 at 5:00 p.m. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 21, 2010. Members present were: P.W. Hillyard, III; Ronald Madagan; Cheryl Swartz; Marty Cybulski; Charles Sandy, Jr.; and Gary Longerbeam. Items Requiring Board of Supervisors Action: None. Submitted for Board Information Only: Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 175 1. Cooperative Use Agreement with Frederick County Public Schools — Mr. Sandy moved that the Commission accept the Cooperative Use Agreement between County School Board of Frederick County, Virginia, Frederick County Board of Supervisors, and County of Frederick Parks and Recreation Department as submitted, second by Mr. Madagan, carried unanimously (6 -0). Standing Committee Reports 1. Easement Policy — The Finance Committee recommended the department may require compensation for Department staff hours overseeing any easement request exceeding four hours. Time will be recorded in 30 minute increments throughout the approval process. This fee will be waived for easements benefitting the Parks and Recreation Department, second by Mr. Cybulski, carried unanimously (6 -0). PUBLIC HEARING PUBLIC HEARING - SALE OF COUNTY -OWNED PROPERTY LOCATED AT 181 BACK CREEK ROAD. PURSUANT TO THE PROVISIONS OF VIRGINIA CODE § 15 2- 1800(B), THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING FOR THE SALE OF COUNTY OWNED PROEPRTY LOCATED AT 181 BACK CREEK ROAD, TAX PARCEL NUMBER 27 -A -121, IN_ THE BACK CREEK MAGISTERIAL DISTRICT. - 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. Staff reached an agreement with Mr. Sine for a sale price of $30,000. The Board, at its December 8, 2010 meeting, authorized a public hearing on the sale of this surplus property for the January 12, 2011 meeting. This property will be sold as is, together with all appurtenances and rights of way belonging thereto. At the conclusion of the hearing, action by the Board to approve the sale of this property would be appropriate. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the sale of the property. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 176 Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye PUBLIC HEARING - RESOLUTION ( #028 -11) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK- WINCHESTER SERVICE AUTHORITY. THE AMENDMENT OF THE ARTICLES OF INCORPORATION OF THE FREDERICK- WINCHESTER SERVICE AUTHORITY WOULD DELETE THE FOLLOWING SENTENCE IN PARAGRAPH (F) OF THE AMENDED ARTICLES OF INCORPORATION DATED APRIL 13,1995: "EACH MEMBER SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THE MEMBER APPOINTED BY CONCURRENT ACTION MAY BE COMPENSATED NOT MORE THAN ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00) PER ANNUM." THE AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE FREDERICK- WINCHESTER SERVICE AUTHORITY WOULD FURTHER SUBSTITUTE THE FOLLOWING SENTENCE IN THE PLACE AND STEAD OF THE DELETED SENTENCE IN PARAGRAPH (F) OF THE AMENDED ARTICLES OF INCORPORATION DATED APRIL_ 13,1995: "EACH MEMBER SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THE CHAIRMAN ELECTED BY MEMBERS OF THE BOARD OF DIRECTORS MAY BE COMPENSATED NOT MORE THAN TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) PER ANNUM, OR SUCH GREATER AMOUNT AS MAY BE DETERMINED BY RESOLUTION OF THE GOVERNING BODY OR BODIES WHICH ARE MEMBERS OF THE AUTHORITY." THIS AMENDMENT DOES NOT EFFECT A RESTATMENT OF THE ARTICLES OF INCO RPORATION. - APPROVED Administrator Riley advised the Board previously approved amendments to these articles at their September 22, 2010 meeting. That amendment required any change in the amount of compensation paid to the Frederick - Winchester Service Authority Chairman to be approved by resolution of the governing bodies which are members. Upon further review and consideration of this amendment, it was determined that the language created a very heavily bureaucratic process, which would require the Service Authority to bring any change in the Chairman's compensation to the Board for approval. He went on to say the County Attorney has revised the language to establish a compensation ceiling for the Chairman of $2,400 per annum, which would allow the Service Authority to adjust the Chairman's compensation up to this ceiling without seeking approval of the governing bodies which are members. Anything above $2,400 per annum would require approval of the respective governing bodies. Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 177 Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the amendment to the Frederick - Winchester Service Authority By -Laws. WHEREAS, by Concurrent Resolution of the City of Winchester (the "City ") and the Board of Supervisors of Frederick County (the "County ") and a Certificate of Incorporation issued by the State Corporation Commission pursuant to the Virginia Water and Waste Authorities Act (the "Act "), the Frederick - Winchester Service Authority (the "Authority ") was incorporated as a public body politic and corporate in 1974; and, WHEREAS, by Concurrent Resolution of the Common Council of the City and the Board of Supervisors of the County and Certificate of Articles of Amendment issued by the Virginia State Corporation Commission, the Articles of Incorporation of the Authority were amended in 1983, 1985, 1987, 1995, and 2008; and, WHEREAS, the County desires to amend the amended and restated Articles of Incorporation of the Authority, as set forth hereinafter. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Frederick County, Virginia that the Articles of Incorporation of the Frederick - Winchester Service Authority be amended in the following manner: The following sentence in Paragraph (f) of the Amended Articles of Incorporation is deleted: "Each member shall serve without compensation, except that the member appointed by concurrent action may be compensated not more than One Thousand Eight Hundred Dollars ($1,800.00) per annum." The following sentence is substituted in the place and stead of the sentence deleted above: "Each member shall serve without compensation, except that the Chairman elected by members of the Board of Directors may be compensated not more than Two Thousand Four Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by resolution of the governing body or bodies which are members of the Authority." This amendment does not effect a restatement of the Articles of Incorporation. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Frederick County, Virginia that the Articles of Incorporation of the Frederick - Winchester Service Authority shall in all other respects remain unchanged. The above motion and resolution were approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye PLANNING COMMISSION BUSINESS Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 178 PUBLIC HEARINGS PUBLIC HEARING - COMPREHENSIVE POLICY PLAN AMENDMENT CPPA #01 -10 OF TASKER WOODS AMENDMENT TO THE TASKER WOODS LAND USE PLAN AND THE EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN. AN AMENDMENT TO THE 2007 COMPREHENSIVE POLICY PLAN CHAPTER 6 LAND USE TO UPDATE THE TASKER WOODS LAND USE PLAN AND THE EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN THAT INCLUDES AN EXPANSION OF T HE SEWER AND WATER SERVICE A REA (SWSA) OF APPROXIMATELY 2.41 ACRES AND AN EXPANSION OF THE URBAN DE VELOPMENT AREA (UDA) OF APPROXIMATELY 9.0 ACRES. THE AMENDMENT ALSO MODIFIES THE LAND USE DESIGNATION WITHIN THE PROPOSED UDA EXPANSION AREAS FROM COMMERCIAL TO RESIDENTIAL AND WOULD ALLOW COMMERCIAL LAND USES WITHIN THE PROPOSED SWSA EXPANSION AREA. THE AREA IS GENERALLY LOCATED WEST OF ROUTE 522 SOUTH NORTH OF TASKER ROAD AND SOUTH OF MACEDONIA CHURCH ROAD IN SHAWNEE MAGISTERIAL DISTRICT - (RESOLUTION #029 -11) - APP ROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was an amendment to the Tasker Woods Land Use Plan and the Eastern Frederick County Long Range Land Use Plan. The proposed amendment includes a 9.09 acre adjustment to the Urban Development Area (UDA) for residential land uses, and a 2.41 acre adjustment to the Sewer and Water Service Area (SWSA) in the northern portion of the study area for commercial land uses. The amendment is consistent with the Board's direction. He concluded by saying the Planning Commission recommended approval. Chairman Shickle asked how the density /number of residential units would be memorialized. Deputy Director Ruddy responded it could be done at the rezoning phase. He went on to say the Board was on record with what is to be expected. Chairman Shickle convened the public hearing. Ron Mislowsky, Patton Harris Rust & Associates, appeared on behalf of the applicant. He noted the request was in the same form as when it left the last board meeting. He went on to say the applicant was requesting approval. He concluded by saying the applicant was okay if the Board wished to add the density limit of 319 units to their motion. Upon a motion by Supervisor Dove, seconded by Supervisor Collins, the Board approved an amendment to the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use with the number of residential units not to exceed 319 from the original rezoning. WHEREAS, an amendment to The Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to amend the Tasker Woods Land Use Plan and the Eastern Frederick County Long range Land Use Plan to extend the Urban Development Area (UDA) by 9.09 acres for residential land uses, and to extend the Sewer and Water Service Area (SWSA) by 2.41 acres Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 179 in the northern portion of the study area for commercial land uses, was considered. This amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS) and the Planning Commission during their regularly scheduled meetings; and WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of an amendment on September 13, 2010; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on December 1, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on January 12, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to extend the Urban Development Area (UDA) by 9.09 acres for residential land uses in the Tasker Woods Land Use Plan, and to extend the Sewer and Water Service Area (SWSA) by 2.41 acres in the northern portion of the study area for commercial land uses. This ordinance shall be in effect on the day of adoption. Passed this 12 day of January, 2011 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye PUBLIC HEARING - 2011 -2012 CAPITAL IMPROVEMENT PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. IF ADOPTED, THE CIP IS A COMPONENT OF THE COMPREHENSIVE POLICY PLAN. — (RESOLUTION #030 -11) - APPROVED AS AMENDED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Planning Commission endorsed the FY 2012 Capital Improvement Plan. He noted the CIP was consistent with the Comprehensive Plan. The FY 2012 plan contained 77 projects. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor DeHaven advised he had one amendment the plan. He noted the Fire & Rescue Association had agreed to pay for the $10,000 request from Clear Brook Fire & Rescue Company for the Opticom System. He asked if that item could be removed from the plan and Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 um replaced with a public sewer connection for Clear Brook Fire & Rescue Company in the same amount. Chairman Shickle asked if this amendment was consistent with all of the legal requirements governing public hearing advertisement, etc. County Attorney Rod Williams responded yes since the amount of money did not change. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the 2012 Capital Improvement Plan with the amendment for the Clear Brook Fire & Rescue Company. WHEREAS, the Frederick County Planning held a public hearing on the proposed 2011- 2012 Capital Improvements Plan (CIP) for Frederick County on January 5, 2011; and WHEREAS, the Frederick County Planning Commission recommended approval of this plan at their regular meeting on January 5, 2011 and determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on January 12, 2011; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2011 -2012 Capital Improvement Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 12 day of January, 2011 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS; PART 101 GENERAL PROVISIONS• SECTION 165- 101.01 DEFINITIONS AND WORD USAGE — INCLUSION OF "PUBLIC BUILDINGS" DEFINITION. — APPROVED AS AMENDED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the term "Public Buildings" was introduced in the Zoning Ordinance as a permitted use in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), M1 Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 181 (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 put in the location where SIC Major Groups 91 -97 should have been placed. SIC Major Group 91 -97 (Division J) is the Public Administration section and only includes governmental institutions. Therefore, the public buildings use is only for state, local, and federal government uses. The Board discussed this item at their December 8, 2010 meeting and requested minor revision to wording of the definition. He concluded by saying the Planning Commission recommended approval. The Board and staff discussed whether the term "purposes" needed to be in the definition and if it was necessary for government to use the facility in order for it to be a public building. After much discussion, the Board revised the original definition. 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 the revised definition of Public Buildings. WHEREAS, an ordinance to amend Chapter 165, Zoning to include the definition of "Public Buildings ", 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 January 5, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January 12, 2011; 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 USAGE is revised to include a definition for "Public Buildings ". ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165- 101.02. Definitions and word usage. Public Building - Any area, building or structure used or controlled for government purposes, that is owned, held, or operated by any department, branch or unit of the Federal Government, Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 182 the Commonwealth of Virginia or one or more of its local governments, political subdivisions or municipal corporations. This amendment shall be in effect on the day of adoption. Passed this 12 day of January, 2011 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Absent Gary A. Lofton Aye OTHER PLANNING ITEMS ROAD RESOLUTION ( #031 -11) — OLD MILL ESTATES — 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 comprehensive stormwater detention which applies to this request for addition; and 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 item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' Comments. ADJn1TRN Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11 183 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. (8:14 P.M.) s Richard C. Shickle Chairman, Board of Supervisors Jo ile , Jr. C k, Board of Supervisors Minutes Prepared By: Cl ',, Jay 9 Tibbs Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 01/12/11