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July 27 2011 Regular Meeting MinutesNMI ' A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 27, 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; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher; and Gary A. Lofton. 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 additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Northwestern Community Services' Fiscal Year 2012 Performance Grant - Tab E; - Landfill Oversight Committee — Tab H; - Lake Holiday Sanitary District Dam Working Committee — Tab J; and - Road Resolution — McGhee Road — Tab R. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 1005 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant CITIZEN COMMENTS Mark Berg, Back Creek District, spoke regarding the National Lutheran Home bond issuance. He stated the county enjoys picking winners and losers. He went on to say the last time he looked Staunton was its own city within Virginia. He was curious why the Industrial Development Authority presented a recommendation for $17 million in revenue bonds for an independent city in Virginia. He asked what this project had to do with Frederick County and why would the Board support this. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the minutes from the June 22, 2011 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the July 14, 2011 special 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JULY, 2011 — (RESOLUTION #002 -11) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved Marcia D. Welch as Employee of the Month for July, 2011. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 0 Employee of the Month Resolution Awarded to. Marcia D. Welch 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 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, Marcia D. Welch, who serves as a Recreation Technician with the Parks and Recreation Department was nominated for Employee of the Month; and, WHEREAS, Marcia D. Welch programmed and managed the first ever Camp basicREC Olympics this spring in conjunction with the United States of America Olympic Committee's Olympic Day. Marcia provided 175 registered kids a day of activities and an award ceremony that they will never forget. This program required a tremendous amount of planning and work. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 27th day of July, 2011, that Marcia D. Welch is hereby recognized as the Frederick County Employee of the Month for July 2011; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Marcia D. Welch for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Marcia D. Welch 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant RESOLUTION ( #003 -11) RECOGNIZING MR & MRS RAYMOND SANDY RE: DONATION TO SHERANDO LAKE SHELTER - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the resolution recognizing Mr. & Mrs. Raymond Sandy re: Donation to Sherando Lake Shelter. WHEREAS, the Frederick County Parks and Recreation Commission desired to develop the lake area at Sherando Park as a destination for residents of Frederick County; and WHEREAS, the Frederick County Parks and Recreation Commission voted in April 2010 to demolish the boathouse at Sherando Park and replace it with a new lake shelter once funds became available; WHEREAS, as a result of a generous donation of materials by Mr. and Mrs. Raymond Sandy, the lake shelter at Sherando Park was constructed in the spring of 2011; and Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 007 WHEREAS, along with the enhanced lake area, citizens now enjoy the new Lake Shelter at Sherando Park. NOW, THEREFORE BE IT RESOLVED, the Frederick County Board of Supervisors recognize and value Mr. and Mrs. Raymond Sandy's generosity and dedication to our community, which has provided a shelter for current and future Frederick County residents to enjoy the tranquility of the lake area at Sherando Park. ADOPTED this 27 day of July, 2011. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. RILEY, JR. TO THE REGIONAL JAIL AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed John R. Riley, Jr. to the Regional Jail Authority. This is a four year appointment, said term to expire October 13, 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant NORTHWESTERN COMMUNITY SERVICES' FISCAL YEAR 2012 PERFORMANCE GRANT — APPROVED UNDER CONSENT AGENDA The Fiscal Year 2012 Performance Grant was approved under the consent agenda. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Citicapital Commercial Leasing Corporation the amount of $3,730.00 for the normal proration of leased vehicles for 2009 and 2010. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund request. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Southeastern Container, Inc. the amount of $247,233.57, for an adjustment to Machinery and Tools Assessment for 2007, 2008, 2009, and 2010. The appeal was received in late 2010 and therefore qualifies for the 2007 look back. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant RESOLUTION ( #004 -11) OF THE BOARD OF SUPERVISORS APPROVING THE ISSUANCE OF UP TO $17,000,000 REVENUE BONDS FOR THE BENEFIT OF THE NATIONAL LUTHERAN HOME FOR THE AGED, INC., OR A SUBSIDIARY OR AN AFFILIATE THEREOF - APPROVED Administrator Riley advised this was a request from the National Lutheran Home for the Aged, Inc. that the Industrial Development Authority of the County of Frederick, Virginia, assist them or a subsidiary or an affiliate thereof in financing (1) the costs of acquiring a 108 -unit independent living rental housing facility for seniors currently known as Bentley Commons Seniors Facility located at 1410A North Augusta Street, Staunton, Virginia, (2) certain capital improvements at the Facility, including but not limited to the costs of renovating and equipping of the Facility to convert all or a portion of the existing independent living units to assisted living units, (3) a debt service reserve fund, and (4) the costs of issuing the bonds and other eligible expenditures, by the issuance of its revenue bonds, in one or more series from time to time, in an amount not to exceed $17,000,000. The Authority has agreed to issue its Bonds as requested. He went on to say the Authority has conducted a public hearing on the proposed financing of the project and has recommended that the Board approve the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2 -4906 of the Code of Virginia, 1950, as amended. Administrator Riley noted the reason for this project coming through the Frederick County IDA was the City of Staunton was preparing a bank Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 qualified issue of its own and this project would be in excess of the bank qualified limit and would adversely affect the City of Staunton issuance. The applicant was referred to the Frederick County IDA to assist the City of Staunton. He concluded by saying the bonds were not an obligation of the county. Supervisor Collins asked if this issuance affected Frederick County's limit. -- Administrator Riley responded no because the IDA and Board previously approved an $82 million issuance. He went on to say the county does not normally do bank qualified issuances and we would get our cap back beginning in January 2012. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Resolution of the Board of Supervisors Approving the Issuance of up to $17,000,000 Revenue Bonds for the Benefit of the National Lutheran Home for the Aged, Inc., or a Subsidiary or an Affiliate Thereof. The Industrial Development Authority of the County of Frederick, Virginia (the "Authority ") has considered the application of National Lutheran Home for the Aged, Inc. ( "NLH "), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $17,000,000 (the "Bonds ") to be issued at one time or from time to time to assist NLH or a subsidiary or an affiliate thereof (the `Borrower ") in financing the following: (1) the costs of acquiring a 108 -unit independent living rental housing facility for seniors currently known as Bentley Commons Seniors Facility located at 1410A North Augusta Street, Staunton, Virginia (the "Facility "), (2) certain capital improvements at the Facility, including but not limited to the costs of renovating and equipping of the Facility to convert all or a portion of the existing independent living units to assisted living units, (3) a debt service reserve fund and (4) the costs of issuing the Bonds and other eligible expenditures (the "Project "). The Authority held a public hearing on the Borrower's application on July 21, 2011, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code "). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds must approve the issuance of the bonds. The Authority issues its bonds on behalf of the County of Frederick, Virginia (the "County "); and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmental unit of the County. The Authority has recommended that the Board approve the issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing, and the Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2 -4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 I 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Frederick, Virginia this 27"' day of July, 2011. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant COMMITTEE REPORTS LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, June 30, 2011, at 8:00 a.m. All committee members were present except Winchester representative, James O'Connor and Frederick County representative, Stan Crockett. The following items were discussed. ** *Items Not Requiring Action * ** 1. Project Updates a) Partial Cell Closure: The current partial cell closure at the Municipal Solid Waste (MSW) landfill will be completed on or before July 31, 2011. This project also included the rough grading for a new ten (10) acre cell in the Construction/Demolition Debris (CDD) landfill. Completion of the CDD cell has been included in the Fiscal Year 2011/2012 budget. b) Permit 40 Stormwater Infiltration: Efforts are currently underway to identify and divert stormwater that is infiltrating into the landfill's leachate collection system within old Permit #40. To date, staff has located old leachate lines that were installed under existing drainage ditches. This combination is overwhelming our leachate collection system resulting in the unnecessary treatment of many thousands of gallons of wastewater. The intent of this project will be to reroute surface and subsurface stormwater to prevent infiltration into the leachate collection system. We are hopeful that these changes can be completed during the summer months. c) Landfill Gas to Energy: The new gas to energy project has been in operation since October 2010. The project has been a real environmental success as well as a revenue generator. To date, the revenue has far exceeded the costs related to maintenance. However, the periodic maintenance has revealed a build up of Siloxanes on the pistons and piston walls of the engines. Siloxanes are basically silica derivatives that precipitate from the landfill gas. A continual build up of these deposits in the engines will not only require more costly maintenance, but also reduce the life of the engines. Therefore, we have authorized SCS Field Services through a change order to install a filter system to remove the Siloxanes from the landfill gas prior to entering the engine combustion chamber. This process will reduce future maintenance costs. 2. Future Projects a) Clarke County Property Improvements: The landfill staff plans to implement erosion and sediment control measures on the former Riley farm in preparation for future borrow operations associated with the continued development of a new CDD cell. Staff has met with Clarke County environmental staff to obtain their concurrence with this future development. b) CDD Cell Development: The development of a new ten (10) acre CDD cell initiated in Fiscal Year 2010/2011 will be completed in Fiscal Year 2011/2012. This development will include the installation of a liner and leachate collection system. It is anticipated that clay used Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 Oil for the liner system will be derived from the former Riley farm located in Clarke County. This construction should commence on or about April 2012. c) Stormwater Improvements: A stormwater improvement project has been included in the Fiscal Year 2011/2012 budget to reduce stormwater infiltration into the leachate collection system associated with Permit #40. This project is a continuation of our current efforts to identify and eliminate stormwater infiltration into our leachate collection system. d) Rain Tarp: The landfill staff anticipates moving into the new MSW cell in the upcoming winter months. To minimize the impact of rainfall on the leachate collection system, the staff plans to use sacrificial tarps (12 mil) to divert runoff until sufficient trash layers can be placed to absorb the moisture. e) Filling Plan: A plan has been developed by SCS Engineers to insure the efficient placement of trash layers within the new MSW cells. This plan will allow the staff to use new GPS equipment to effectively and efficiently place trash to maximize our air space. 3. Greenhouse Gas Credits A new greenhouse gas contract was negotiated and signed in March 2011 with CAMCO. This contract will allow the landfill to sell their greenhouse gas credits. Recent field verification of the amount of methane destruction indicates that the credits should yield a revenue approaching $150,000 for Fiscal Year 2010/2011. 4. Request by Virginia Poultry Foundation The landfill manager has received a request from the Virginia Poultry Federation to provide shredded mulch for the composting of poultry killed by an outbreak of Avian Flu. The landfill would only be expected to furnish the mulch, which we produce on an annual basis when we grind our yard waste. The committee unanimously endorsed the concept and directed the landfill manager to establish a cost per ton. 5. Tonnage Report and Revenue Generation The landfill manager, Steve Frye, indicated that the actual tonnage will fall short of budget projections for Fiscal Year 2010/2011. As a result of this shortfall in tonnage and dramatic reductions in interest rates, he is predicting a shortfall of approximately $800,000 in revenue for Fiscal Year 2010/2011. PUBLIC WORKS COMMITTEE REPORT - APPROVED A joint meeting of the Public Works and Public Safety Committees was held on Tuesday, June 28, 2011, at 8:00 a.m. All members were present except Bob Wells, Glen Williamson, Dennis Linaburg, and LeeAnna Pyles. The following items were discussed: ** *Items Requiring Action * ** 1. Construction of New Fire Stations (Substations) and Reconstruction and /or Relocation of Existing Fire Stations Members of the public works and public safety committees continued discussions regarding the development of policy regarding the construction or county owned fire stations and the construction/reconstruction of volunteer owned fire stations. A summary of that discussion is attached. In addition, the results of a survey, performed by Mr. Denny Linaburg, seeking similar information from four (4) counties within the Commonwealth is included. The committee is seeking a joint work session with the board of supervisors to discuss policy related to the construction of new fire stations and the reconstruction and/or relocation of existing fire stations. (Attachments 1 and 2) The Board's consensus was to proceed with a work session. Chairman Shickle asked Administrator Riley to poll board members regarding a possible Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 012 work session date. ** *Items Not Requiring Action * ** 1. Carry Forward, Requests The public works committee reviewed and unanimously endorsed the attached carry forward requests. These requests will be submitted to the finance committee for their review and action. (Attachment 3) 2. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) LAKE HOLIDAY SANITARY DISTRICT DAM WORKING COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met on July 19, 2011 at 11:00 a.m., in the conference room at Lake Holiday Country Club, Club House. Members present were: Kris Tierney, Ed Strawsnyder, Dave Burleson (LHCC), Dave Buermeyer (LHCC) and Wayne Poyer (LHCC). Others present were Greg Zamenski with Black and Veatch, Robert VanLier and Zhengang Wang with DRC, Joe Wilder and Mike Stewart (Frederick County Public Works), Mike Goodwin (LHCC) along with a number of members of the public. No Items Require Board Action. The purpose of the meeting was to seek resolution of DCR comments on the LHCC Alternation Permit application. Mr. Robert VanLier and Mr. Zhengang (Michael) Wang of DCR along with Greg Zamenski of Black and Veatch were on hand to discuss DCR comments pertaining to the adequacy of the downstream channel to handle the volume of water associated with the maximum flood. (See attached letter). At the conclusion of the meeting, it was decided that Black and Veatch would provide additional analysis of the downstream channel to DCR. DCR will issue an alternation permit which is conditioned upon satisfactory resolution of the question of the adequacy of the channel. This action will not impact the timing of the spillway work. Should it be determined that some form of remediation be required as a result of the analysis, it will be handled with a change order, if possible. Should the scope of remediation exceed funds available, an alternate solution would need to be developed. There being no other business, the meeting was adjourned . A number of those in attendance stayed on to take a tour of the downstream channel. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2011 -2012 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2011 -2012 BUDGET TO REFLECT: ASSISTANT COUNTY ADMINISTRATOR REQUEST FOR A LAKE HOLIDAY SANITARY DISTRICT FUND SUPPLEMENTAL APPROPRIATION IN THE Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 013 AMOUNT OF $9,045,000. THIS AMOUNT REPRESENTS BOND FINANCING FOR THE RECONSTRUCTION OF THE LAKE HOLIDAY DAM SPILLWAY. NO ADDITIONAL LOCAL FUNDS REQUIRED. — (RESOLUTION #005 -11) - APPROVED Administrator Riley advised this was a public hearing to amend the Fiscal Year 2011- 2012 budget to reflect the Assistant County Administrator's request for a Lake Holiday Sanitary District Fund supplemental appropriation in the amount of $9,045,000 for bond financing for the reconstruction of the Lake Holiday dam spillway. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on July 27, 2011, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2011 -2012 Budget be Amended to Reflect: Assistant County Administrator Request for a Lake Holiday Sanitary District Fund Supplemental Appropriation in the amount of $9,045,000. This Amount Represents Bond Financing for the Reconstruction of the Lake Holiday Dam Spillway. No Additional Local Funds Required. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #06 - OF HORTON'S NURSERY FOR A RETAIL NURSERY. THE PROPERTIES ARE LOCATED AT 2731 FRONT ROYAL PIKE (ROUTE 522 S), AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 76 -A -61, 76 -A -62, 76 -A -63, 76 -A -64, AND 76 -A -65 IN THE SHAWNEE MAGISTERIAL DISTRICT. — ACTION POSTPONED UNTIL AUGUST 10, 2011 MEETING Zoning Administrator'Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to expand the existing Horton's Nursery. The property is located at 2371 Front Royal Pike in the Shawnee Magisterial District. He noted the nursery is currently operating under a previously approved conditional use permit #06 -06. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 014 The new conditional use permit encompasses the five parcels totaling 11 acres. He concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County and shall identify uses on the subject parcels, 76 -A -61, 76 -A -62, 76 -A -63, 76 -A -64, and 76 -A -65, prior to any business activities occurring on the parcels. 3. One non - illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06 -06. 7. Any expansion or change of use will require a new Conditional Use Permit. Chairman Shickle convened the public hearing. Derek Wall, representing his son, who is an adjoining property owner, but could not attend the meeting, expressed concern about what might be stored on the property in the future because right now there are unwanted materials and two trailers. He stated the property looked like a dumping ground for unwanted materials. He hoped it would not turn into a dumping ground. He went on to say he had noticed an increase in raccoons, opossums, and feral cats since the material has been there. There being no further, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board postponed Conditional Use Permit #06 -11 until the August meeting in order to work out some other issues. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant PUBLIC HEARING - CONDITIONAL USE PERMIT #07 -11 OF STARLITE COMPANIES LLC D/B /A HOMESPUN, FOR A COUNTRY STORE WITH RESTAURANT. THE PROPERTY IS LOCATED AT 949 CEDAR CREEK GRADE, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63 -A -211 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 015 Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to enable a restaurant. The property is located at 949 Cedar Creek Grade in the Gainesboro Magisterial District and is zoned RA (Rural Areas) District. Zoning Administrator Cheran advised the original permit prohibited restaurants and deli operations. The applicant is seeking a 26 seat restaurant and photo - gallery. The Planning Commission recommended approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered minor site plan shall be required for the future accessory structure. 3. Maximum height of freestanding sign shall be six feet. 4. Maximum size of a freestanding sign shall be 25 square feet. 5. No internally illuminated signs shall be allowed outside of the building. 6. Maximum size of a building- mounted sign shall be ten square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15 feet from the property line. 8. No more than 26 seats allowed for this restaurant use. 9. Parking shall only be permitted behind the structure. 10. No petroleum or fuel sales shall be allowed. 11. Any expansion or change of use shall require a new Conditional Use Permit. Zoning Administrator Cheran advised that conditions 3, 4, 5, 6, 7, and 9 were part of the original conditional use permit. He concluded by saying the applicant has agreed with the conditions. Supervisor DeHaven asked if condition 10 was part of the original conditional use permit. Zoning Administrator Cheran responded correct. Supervisor Lofton asked if the ordinance differentiated between a restaurant and a tea room. Zoning Administrator Cheran responded no. Supervisor Collins asked if the 26 seats were indoor or outdoor seating. Zoning Administrator Cheran responded it was a combination of indoor and outdoor. Michael Mallow, applicant, spoke regarding the application. He stated he intended to operate the tea room based on the parking spaces there. It would operate six days per week. He went on to say he believed this business would do well in this historic area. He concluded by saying it was not their intent to serve alcohol. Chairman Shickle convened the public hearing. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 01 Mary Turner, Back Creek District, stated she and her husband could not be happier to have the applicants pursue this venture in this historic structure. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved Conditional Use Permit #07 -11. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant PUBLIC HEARING - CODE OF VIRGINIA, SECTION 15.2 -2232 REVIEW, FOR FREDERICK COUNTY SANITATION AUTHORITY, SILVER LAKE, AND THE CARPENTER LAND TRUST FOR A GROUND STORAGE WATER TANK FACILITY TO SERVE THE ROUND HILL COMMUNITY AND THE SEWER A ND WATER SERVICE AREA (SWSA) THE PURPOSE OF THIS REVI IS TO ENSURE THAT THE PROPOSED FACILITY IS SUBSTANTIALLY IN ACCORD WITH THE ADOPTED COMPREHENSIVE PLAN THE 2007 COMPREHENSIVE POLICY PLAN. THIS PROPERTY IS LOCATED ON THE WEST SIDE OF POORHOUSE ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52 -A -47A IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request for a Comprehensive Plan conformance review. This item was referred to the Board of Supervisors for endorsement to ensure the location of the proposed facility is in conformance with the Comprehensive Plan. The facility will be located on a five acre parcel off of Poorhouse Road in the Gainesboro Magisterial District. The applicants are the Frederick County Sanitation Authority, Silver Lake the Carpenter Family Trust. The proposed water tank would serve the Round Hill community, which is located in the sewer and water service area. The Planning Commission found this application to be in conformance with the Comprehensive Plan. He noted that during the Planning Commission meeting four people spoke in opposition to the proposal. The Planning Commission expressed support for the application. He concluded by saying the Board was being asked to confirm the Planning Commission's determination that the facility conforms to the Comprehensive Plan. Evan Wyatt, Greenway Engineering, appeared before the board on behalf of the applicants. He noted the water tank is located to provide adequate water pressure for the Round Hill Community. The site meets the water pressure requirements and conforms to the Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 017 Comprehensive Plan. He concluded by saying the applicants were seeking approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chairman Shickle advised the staff report references the latest version of the Comprehensive Plan, but the advertisement references the 2007 plan. Deputy Director Ruddy responded the 2030 plan is in effect today and staff's evaluation of the application recognized both the new and old versions of the Comprehensive Plan. He concluded by saying the appropriate action would be to endorse the Planning Commission's action. County Attorney Rod Williams advised the Planning Commission considered the application under both plans. He stated it would be appropriate for the Board to consider the application appropriate under both plans. The motion of the Board should reflect the 2007 Comprehensive Plan, as amended by the 2030 Comprehensive Plan. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Planning Commission's action that the proposal conforms to the 2007 Comprehensive Plan, as amended by the 2030 Comprehensive Plan. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant OTHER PLANNING ITEMS: RESOLUTION 0006 -11) OF SUPPORT FOR THE ROUTE 277 IMPROVEMENT PROJECT - APPROVED Deputy Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised this was a resolution of support for VDOT to proceed with the Route 277 improvement project. The Governor's office has directed funding in excess of $30 million to this project, which will be used to widen Route 277 to a four -lane divide roadway with access management improvements from I -81 to Warrior Drive, realign Aylor Road to align with Stickley Drive, and other spot improvements. The Transportation Committee considered the draft language of the resolution and unanimously recommended approval. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 o Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the resolution of support. WHEREAS, Frederick County has previously supported improvements to the Route 277 corridor and the study of relocation of the I -81 /Route 277 interchange; and WHEREAS, The Commonwealth Transportation Board first added the Route 277 project, 0277 - 034 -103, UPC 18003, to the Fiscal Year 1999 Six -Year Improvement Plan; and WHEREAS, Funding allocations for the Route 277 project have varied; and WHEREAS, The Commonwealth Transportation Board funded the Route 277 project, 0277 - 034 -103, UPC 18003, in the Fiscal Year 2012 Six -Year Improvement Program on June 15, 2011; and WHEREAS, The Commonwealth Transportation Board has added and funded the I- 81 /Route 277 interchange relocation study 0081 - 034 -720, UPC 88659, in the Fiscal Year 2012 Six -Year Improvement Plan; and NOW, THEREFORE, BE IT RESOLVED, The Frederick County Board of Supervisors fully supports and requests that the Virginia Department of Transportation proceed with the study scoping/re - scoping, development and implementation of UPC 18003 and UPC 88659. ADOPTED this 27" day of July, 2011. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant DISCUSSION — 2011 COMPREHENSIVE POLICY PLAN AMENDMENT REQUEST CPPA #01 -11 TASKER ROAD — SENT FORWARD FOR FURTHER STUDY Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised the Planning Department received one Comprehensive Policy Plan Amendment (CPPA) request by the June 1, 2011 deadline. The request was CPPA #01 -11, Tasker Road — Parcel 86 for a change in Land Use Classification from Institutional to Residential for an 11.35 acre parcel. The property is located on the east side of Tasker Road and north of Rutherford Lane in the Shawnee Magisterial District. The Comprehensive Plans and Programs Committee recommended further study in connection with the eastern Frederick and Senseny Road study area. He noted the applicant had requested this proposed amendment be considered separate from the study. The Planning Commission recommended the request move forward for additional study. Deputy Director Ruddy noted the proposal would be recognized within the larger study, but would be reviewed independently. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 Ron Mislowsky, Patton Harris Rust and Associates, advised this area was about '/2 mile away from the CrossPointe property and is not part of the larger study area. He reiterated the applicant's desire to be considered separately from the larger study. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board forwarded CPPA #01 -11 Tasker Road to the CPPC for further study independent of the larger study. Supervisor Fisher expressed concern about transportation issues along Tasker Road and this proposal could have a major impact on traffic. Supervisor DeHaven agreed with Supervisor Fisher and trusted the Comprehensive Plan and Programs Committee would investigate those issues as part of the study. 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 Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant DISCUSSION — ZONING ORDINANCE AMENDMENT TO ALLOW AUTO REPAIR SHOPS AS AN ALLOWED USE IN M1 DISTRICTS. — (RESOLUTION #007 -11) SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an ordinance amendment to permit SIC 752 as a permitted use in the M1 Zoning District along with the additional supplemental use regulations for the use. The Development Review and Regulations Committee recommended the amendment be sent forward for discussion. The Planning Commission recommended the amendment be forwarded to the Board for review. She concluded by saying staff was seeking direction from the Board regarding whether or not to schedule this item for public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Resolution Directing the Planning Commission to Hold a Public Hearing Regarding Chapter 165, Zoning, Article VI — Business and Industrial Zoning Districts Part 606 — M1 Light Industrial District, 165- 606.02 — Allowed Uses; Article II — Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 1.65 - 204.12 — Motor Vehicle Service Uses and Public Garages. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning to permit automobile repair shops in the MI Zoning Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 1020 District. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 26, 2011; and WHEREAS, the Planning Commission discussed the draft ordinance on July 6, 2011 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning to permit automobile repair shops in the M1 Zoning District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts, Part 606 M1 Light Industrial District, 165- 606.02 Allowed Uses; and, Article II Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165 - 204.12 Motor Vehicle Service Uses and Public Garages, to permit automobile repair shops in the M1 Zoning District. Passed this 27th day of July, 2011 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Gainesboro District Vacant ROAD RESOLUTION 0008 -11) — MCGHEE ROAD — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats described 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. Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11 021 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle took a moment to recognize the resignation for Gainesboro District Supervisor Gary Dove. He advised the Board that they had 45 days to appoint a substitute member. He suggested they bring forth names at the August meeting so a substitute supervisor could be appointed to fill the vacancy through the end of 2011. Vice - Chairman Ewing stated he enjoyed working with Mr. Dove and he would be missed. Chairman Shickle echoed those sentiments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR COLLINS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:12 P.M.) Richard C. Shickle n . Riley, Jr. Chairman, Board of Supervisors Clerk , Board of Supervisors Minutes Prepared By: Jay E. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 07/27/11