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HomeMy WebLinkAboutNovember 9 2011 Regular Meeting Minutes100 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 9, 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; Gary A. Lofton; and Ross P. Spicer. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Eric Farel, Shenandoah Valley Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Assistant County Administrator Kris Tierney advised there were no additions or changes 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 Ross P. Spicer Aye CONSENT AGENDA - APPROVED Assistant Administrator Tierney offered the following items for the board's consideration under the consent agenda: - Resolution Requesting Frederick County Be Declared Disaster County Due to Agricultural Loss as a Result of Drought Related Conditions — Tab D; - Parks and Recreation Commission Report— Tab G; - Code and Ordinance Committee Report — Tab H; and 11 --- - Public Works Committee Report of September 27, 2011 —Tab I. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 101 Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer 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 Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the minutes from the September 28, 2011 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 Ross P. Spicer Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION IN MEMORIAM FOR R. THOMAS MALCOLM — ASKED STAFF TO FOLLOW UP WITH FAMILY TO SEE HOW THEY PREFERRED RECEIVING THE RESOLUTION Chairman Shickle read the following resolution: WHEREAS, Robert Thomas "Tom" Malcolm, Jr. served the citizens of Frederick County, Virginia, for six (6) years, from January 1976 through December 1981, as a member of the Board of Supervisors; and WHEREAS, Mr. Malcolm was an employee of Frederick County Public Schools for 33 years and served as superintendent of Frederick County Public Schools from 1989 to 1998; and WHEREAS, Mr. Malcolm served the citizens of Frederick County with dignity, dedication, and wisdom; and WHEREAS, Mr. Malcolm will be long remembered, by those who served with him and the employees of Frederick County Public Schools that worked for him, as dedicated, able, and visionary in all facets of his professional and public life. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Robert Thomas "Tom" Malcolm, Jr., a dedicated family man and a friend to all who knew him. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator and public servant and that a true copy of this resolution be presented to his wife and family. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 102 ADOPTED this 28th day of September, 2011. He asked staff to contact Mr. Malcolm's family to see how they wished to receive this resolution, would they prefer a public presentation or for someone to deliver it to their house. EMPLOYEE OF THE MONTH AWARD FOR NOVEMBER, 2011 — (RESOLUTION #021 -11) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved Jeremiah J. Sisler as Employee of the Month for November, 2011. 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, Jeremiah J. Sisler, who serves as Technician with the Fire & Rescue Department was nominated for Employee of the Month; and, WHEREAS, Jeremiah J. Sisler is awarded Employee of the Month for being one of the most active technicians for the Child Safety Seat Installation Events. His attitude and willingness to promote a positive image and to provide quality service to the citizens of Frederick County for the Fire and Rescue Department is commendable. He attends training to maintain his certification to assist in these events. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9 th day of November, 2011, that Jeremiah J. Sisler is hereby recognized as the Frederick County Employee of the Month for November 2011; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Jeremiah J. Sisler for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Jeremiah J. Sisler 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 Ross P. Spicer Aye COMMITTEE APPOINTMENTS NOMINATION OF CHRIS NEFF AS A FREDERICK COUNTY PRIVATE SECTOR BUSINESS REPRESENTATIVE TO THE SHENANDOAH VALLEY WORKFORCE INVESTMENT BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 103 nominated Chris Neff as a Frederick County private sector business representative to the Shenandoah Valley Workforce Investment Board. 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 Ross P. Spicer Aye APPOINTMENT OF HUGH VAN METER AND WILLIAM SWIMLEY TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - s ununVV" Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board appointed Hugh VanMeter and William Swimley to the Shawneeland Sanitary District Advisory Committee. These are two year appointments, said terms to expire November 9, 2013. 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 Ross P. Spicer Aye REAPPOINTMENT OF FRED S. VONDY AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed Fred S. Vondy as Frederick County representative to the Chapter 10 Board. This is a three year appointment, said term to expire December 31, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye APPOINTMENT OF ROSS P. SPICER AS BOARD OF SUPERIVSORS' REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION TO FILL THE UNEXPIRED TERM OF GARY W. DOVE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board appointed Ross P. Spicer as a Board of Supervisors' representative to the Northern Shenandoah Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 104 Valley Regional Commission to fill the unexpired term of Gary W. Dove. Term expires December 31, 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. Deflaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye RESOLUTION ( #022 -11) REQUESTING FREDERICK COUNTY BE DECLARED DISASTER COUNTY DUE TO AGRICULTURAL LOSS AS A RESULT OF DROUGHT RELATED CONDITIONS — APPROVED UNDER CONSENT AGENDA WHEREAS, extreme heat and dry weather over the past several weeks has caused damage that exceeds the threshold established for an agricultural disaster in Frederick County; and WHEREAS, the Frederick County yield of corn grain and corn silage are currently estimated to be 50% to 75% below normal; and WHEREAS, the major forage crops sustained some damage during July and some stands of timothy hay died during the drought; and WHEREAS, there are many other crops that have been damaged by the hot dry weather to include: apples, blueberries, green beans, and soy beans; and WHEREAS, some ornamental crops will also have lower than normal yields due to the hot dry weather; and WHEREAS, Frederick County farmers need federal assistance in responding to their losses resulting from the extreme weather conditions. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the County Administrator is hereby directed to submit to Governor McDonnell a request for assistance in obtaining federal disaster designation for Frederick County, which will make available federal assistance to Frederick County farmers who have experienced additional costs, damage and losses due to the drought related conditions. ADOPTED this 9 th day of November, 2011. REQEUST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Assistant Administrator Tierney advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. Potomac Edison Co. of VA in the amount of $146,038.72; 2. Virginia Electric Power Co. in the amount of $12,903.59; and 3. New Cingular Wireless PC, LLC in the amount of $3,700.22. The above companies have been replaced by either Rappahannock Electric Cooperative or Shenandoah Valley Electric Cooperative. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 105 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund requests. 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 Ross P. Spicer Aye FIRE STATION CONSTRUCTION GUIDELINES — APPROVED AS AMENDED Assistant Administrator Tierney advised that staff was seeking endorsement of the proposed Guidelines for County Constructed and Replacement Volunteer Fire Stations. These guidelines incorporated comments offered at work sessions between the Board and Public Works and Public Safety Committees and are being presented this evening for the Board's consideration. Chairman Shickle asked if there was a motion to endorse the proposed guidelines. Vice - Chairman Ewing advised that he had questions concerning Item 7 under General Guidelines, which stated the county owned stations constructed on volunteer owned land would be subject to a long term lease and Item 2 under Guidelines for New Stations, which stated Frederick County would own the land on which all new prototype stations would be constructed. He thought those statements were in conflict. Supervisor DeHaven responded that one pertained to new county owned fire stations while the other dealt with replacement/relocated volunteer stations. Supervisor Spicer cited guideline 4 under Replacement /Relocated Volunteer Stations and asked if there were situations where the county owns equipment in a station and a volunteer company owns equipment as well and if there was a problem keeping track of which entity owned what equipment. Assistant Administrator Tierney responded these types of situations currently exist and he was not aware of any problems. Supervisor Spicer asked about the social hall component and what the statement "built on land owned by the company" modified. He asked if the social hall could be attached to a station and constructed on company owned land too. He stated that he could see this working if the hall were built adjacent to a fire station. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 106 Supervisor DeHaven responded the county was not interested in owning social halls and that is why they were to be constructed on property owned by the company. Chairman Shickle stated that most wanted the social halls to be constructed on the land owned by the respective company; however, if that need to be changed in the future, "so be it ". He offered the following change to item number 6: "If the replacement /relocated station requires a social hall component, then the social hall may be either connected to the station on land owned by the company or built adjacent to the station on land owned by the company. " Supervisor Spicer cited item 7 under Replacement/Relocated Volunteer Stations regarding the social hall being owned and financed by the volunteer company. He asked if that could pose a problem down the road with two separate entities holding title to different parts of the same facility. Supervisor DeHaven responded it was the desire of the companies to have the social hall connected to the stations to facilitate response times; however, it could become an issue to be revisited at some point. He concluded by saying the consensus was the county has no desire to own social halls. Supervisor Collins asked about the purpose of these guidelines, because a volunteer company could essentially ignore them and still build a station. Chairman Shickle responded that if tax payer money was used to build these stations then it was a good idea to have these guidelines. Supervisor Collins asked if that clarification could be spelled out in the preamble. Supervisor Lofton agreed with Supervisor Collins' remarks. Assistant Administrator Tierney suggested amending the first sentence to read: " When public funds are to be utilized, the following guidelines shall govern the construction of new county owned fire stations and the reconstruction /relocation of existing fire and rescue volunteer stations. " Vice - Chairman Ewing stated that he liked the suggested language regarding public funds. Supervisor Fisher suggested defining or clarifying the use of the word maintenance in item 3 of General Guidelines and item 3 of Guidelines for Replacement /Relocated Volunteer Stations. He believed responsibilities such as repairs, utility bill payment, housekeeping, etc. should be spelled out. Supervisor Spicer stated that he felt the wording was okay as presented. He read maintenance under the General Guidelines to mean fiscal responsibility, while maintenance Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 107 under Replacement /Relocated Stations meant more of the housekeeping and "elbow grease" items. Chairman Shickle suggested changing the word maintenance to upkeep. He believed different words were needed to clarify the responsibilities under each. He suggested maintenance under replacement /relocated stations be changed to read "routine daily maintenance ". Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board endorsed the Guidelines for County Constructed and Replacement Volunteer Fire Stations, as amended: GUIDELINES FOR COUNTY CONSTRUCTED AND REPLACEMENT VOLUNTEER FIRE STATIONS When Public funds are to be utilized, the following guidelines shall govern the construction of new county owned fire stations and the reconstruction/relocation of existing fire and rescue volunteer stations. Guidelines that are unique to either the new county owned fire stations and the relocation/reconstruction of existing volunteer stations are so noted within this document. General Guidelines 1. The county endorsed prototype fire station, which shall also be the model for replacement stations, shall consist of approximately 11,000 square feet with two stacking bays. The facility shall also contain bunk rooms, showers, kitchen area, conference room, and offices. Satellite offices for the Sheriff's Department, Commissioner of the Revenue, or other county department may be provided within the prototype. 2. Frederick County shall finance, construct, and own all new and replacement /relocated fire stations. 3. Frederick County shall be responsible for the maintenance and staffing (volunteer and career) of all new county -owned proto -type fire stations. 4. Building permit fees shall be waived. 5. Previously collected proffers, earmarked for specific fire stations shall remain in place. Upon adoption of these guidelines, any future proffers designated for fire and rescue services may be utilized to fund a portion of the construction of new and replacement fire stations, as part of a county -wide emergency services approach. 6. Fund balance shall not be used to fund the construction of new or replacement fire stations. 7. In the event a county owned fire station is built on volunteer owned land, then the county and the volunteer company shall enter into a long -term (i.e. 99 years) lease agreement. Guidelines for New Fire Stations In addition to the General Guidelines, the following shall govern the construction of new fire stations within Frederick County: 1. All new fire stations constructed within Frederick County shall be the county endorsed prototype. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 W O 2. Frederick County shall own the land upon which all new prototype fire stations will be constructed. 3. Financing of new stations shall be via lease revenue bonds issued through the Frederick County Industrial Development Authority or another financing option acceptable to Frederick County. Guidelines for Replacement/Relocated Volunteer Stations In addition to the General Guidelines, the following shall govern the construction of replacement or relocated volunteer stations: 1. The county endorsed prototype fire station should be the model for the replacement/relocated fire station, unless the volunteer company owns specialized equipment, such as a ladder truck, that cannot be accommodated within the prototype footprint. 2. Because the county will be the owner, it shall fund the total cost of construction of replacement/relocated volunteer stations, including those stations with requirements /building footprints larger than the approved prototype. 3. Routine Daily Maintenance of the replacement /relocated fire station shall be performed by the career and volunteer staff assigned to each of those stations. 4. Equipment housed within the replacement /relocation station shall be maintained by those who own the equipment. 5. Financing of replacement/relocated stations may be via lease revenue bonds issued through the Frederick County Industrial Development Authority or another financing option acceptable to Frederick County. 6.. If the replacement/relocated station requires a social hall component, then the social hall may either be connected to the station on land owned by the company or built adjacent to the station on land owned by the company. 7. The social hall shall be owned and financed by the respective volunteer company. 8. The social hall component may be constructed simultaneously with the replacement/relocated fire station. 9. The social hall shall be maintained by the respective volunteer company. The Frederick County Board of Supervisors reserves the right to make changes to the building plans, financing arrangements, or other matters relative to the construction of fire stations, as deemed appropriate. The guidelines may be amended by the Frederick County Board of Supervisors, as necessary. 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 Ross P. Spicer Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 The Parks and Recreation Commission met on October 25, 2011. Members present were: Charles Sandy, Jr., Ronald Madagan, Gary Longerbeam, Ron Hodgson, and Marty Cybulski. Members absent were: P.W. Hillyard, III, Patrick Anderson, Cheryl Swartz, and Christopher Collins. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. Capital Improvements Plan FY 2012 -13 — The Building and Grounds Committee recommended the approval of the Capital Improvements Plan for FY 2012 -2013 as submitted, seconded by Mr. Cybulski, motion carried (5 -0). 2. Mountain Bike Trail — The Buildings and Grounds Committee recommended the construction of a Mountain Bike Trail at Sherando Park with staff labor and include in the FY 2012 -13 budget, second by Mr. Cybulski, motion carried (5 -0). 3. Request from Electronic Flyers of VA — The Buildings and Grounds Committee recommended to allow the Electronic Flyers of VA to remove approximately 50 feet of brush from the southern end of the flying field, second by Mr. Cybulski, motion carried (5 -0). CODE AND ORDINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Code & Ordinance Committee met on Thursday, September 29, 2011 at 2:30 P.M., in the First Floor Conference Room, Board of Supervisors Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Supervisor Christopher E. Collins, Chairman; Supervisor Gary A. Lofton; and Stephen G. Butler. Also present County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; County Attorney Rod Williams; Ellen M. Murphy, Commissioner of the Revenue; Eric Lawrence, Director of Planning and Development; and Candice Perkins, Senior Planner. There were seven citizens present and Sarah Greenhalgh, The Winchester Star. The committee submits the following: ** *Items Not Requiring Board Action * ** 1. Discussion of Transfer of Development Rights Program. The Code and Ordinance discussed the county's Transfer of Development Rights (TDR) Ordinance and the issue of taxation of TDRs. Staff reviewed the 2011 TDR Factsheet which included a scenario to illustrate the process by which development rights might be transferred from a sending to a receiving property along with the associated tax payments. In addition, the committee discussed: - The Frederick County TDR Ordinance complies with the requirements of the Code of Virginia; - How TDRs would be tracked via GIS; - TDRs do not cause a loss in revenue, but create tax revenue for the development rights; - The process for purchasing development rights and extinguishing rights from the sending property. At the conclusion of the discussion, Mr. Butler moved forward staff s report to the Board of Supervisors for their information. (See Attachments.) PUBLIC WORKS COMMITTEE REPORT FOR MEETING OF SEPTEMBER 27. 2011 — APPROVED UNDER CONSENT AGENDA A meeting of the Public Works and Green Advisory Committees was held on Tuesday, Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 1101 September 27, 2011, at 8:00 a.m. All members were present except Bob Wells, Whit Wagner, and Chris Collins. The following items were discussed: ** *Items Not Requiring Action * ** 1. Discuss Needed Repairs at Old Gainesboro School In a memorandum dated September 8, 2011, Assistant County Administrator, Kris Tierney, presented cost estimates for providing needed repairs at the Old Gainesboro School. These repairs include fixing a leaky roof and painting the exterior wood trim. After discussing these related costs, the committee recommended obtaining costs for removing asbestos roofing materials and the alternative of demolishing the existing buildings. These costs will be presented at the next scheduled committee meeting. (Attachment 1) 2. Discussions of Proposed Pump and Haul Policy A proposed modification to the existing Frederick County pump and haul policy was presented by Director of Planning and Development, Eric Lawrence. The attached memorandum dated August 31, 2011 had been previously shared with the board of supervisors for information only. After discussing the pertinent items in this memorandum, the committee highlighted the following points of interest: • Utilize the revised Pump and Haul application which requires written confirmation from adjoining property owners indicating that offsite easement or boundary line adjustments to accommodate a new drainfield would not be available /obtainable (implemented administratively). Recordation in courthouse records of pump and haul approvals so as to inform property owners of the existence and requirements of the pump and haul. This recordation document would appear during property title /deed research (implemented administratively). • Code revision to Chapter 161 stating that if alternative means to the pump and haul become available — such as access to public sewer or an alternative health system — the pump and haul permit could be revoked (implemented through a code revision — requires Board direction and action). The committee recommended that these items be presented to the code and ordinance committee for their review and recommendations. The planning department will prepare the proposed changes to the current ordinance for submittal to the code and ordinance committee. (Attachment 2) 3. Continuing Discussion on Rural Roads Transportation Planner John Bishop presented a brief outline of proposed devolution proposals being considered by the Virginia Department of Transportation for secondary road systems in the Commonwealth. A brief outline of his presentation is attached. This information was provided as further information to aid the committee's evaluation of rural roads and related subdivisions in Frederick County. (Attachment 3) 4. Miscellaneous Reports a) Tonnage Reports (Attachment 4) b) Recycling Reports (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) 5. Green Advisory Committee Report (Attachment 8) Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 The Green Advisory Committee met on Tuesday, September 27, 2011 at 8:00 a.m. in the Public Works conference room, 2 " Floor, 107 N. Kent Street, Winchester, VA. Members present were: Gene Fisher, George Ludwig, and James Wilson. Absent were Bob Wells and Whitney Wagner. ** *Items Not Requiring Action * ** 1. Accomplishments a. Frederick County Parks are recognized as Virginia Green attractions. Virginia Green is a voluntary environmental program run through the Virginia Department of Environmental Quality and Virginia Tourism. Frederick County Parks are promoted as environmentally friendly tourism destinations by these agencies. 2. Current Activities a. Staff continues to work with Siemens regarding performance of energy efficiency projects completed under Performance Contract. b. Staff is now able to monitor all County utility bills for usage anomalies and continues to look for new opportunities for savings. c. The propane conversion program is back on track with propane systems anticipated for October. d. Staff has submitted Green Government Challenge application to VML /VACo. Staff is awaiting request from VML /VACo for supporting documents and will need to work with various County departments to provide this documentation. PUBLIC WORKS COMMITTEE REPORT FOR MEETING OF OCTOBER 25. 2011 - APPROVED The Public Works Committee met on Tuesday, October 25, 2011, at 8:00 a.m. All members were present except Jim Wilson. The following items were discussed: ** *Items Requiring Action * ** 1. Disposition of Old Gainesboro School — Scheduled for Public Hearing The committee continued the discussion of the disposition of the Old Gainesboro School that was initiated at the September 2011 committee meeting. The original discussion was initiated as a result of a request from Assistant County Administrator Kris Tierney to fund repairs for a leaking roof and painting of the exterior woodwork. These combined repairs were estimated at approximately $36,000 which did not include the removal of the existing asbestos roofing materials. Following the September meeting, a cost estimate of approximately $17,000 was obtained for removal of the asbestos roofing material yielding a total repair cost of $53,000. At the conclusion of the September meeting, the committee requested that staff obtain a budget cost for demolishing the existing buildings, so that a comparison could be made with the anticipated repair costs. Consequently, staff met with a demolition contractor and obtained costs from an environmental consultant for the anticipated asbestos removal. These efforts resulted in demolition costs ranging from $125,000 to $140,000 depending on the extent of the existing asbestos removal. During the discussion of the needed repairs and demolition requirements, Frederick County Maintenance Supervisor Steve Richman indicated that the membrane roof covering the cafeteria area (approximately 3,000 square feet) was in very poor condition and would, most likely, need to be replaced in the in the near future. Based on that knowledge and a comparison of the anticipated repair costs with the estimated demolition costs, the committee voted unanimously to demolish the building rather than continue to maintain an aging structure with no foreseeable use. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 112 approved holding a public hearing on the proposed razing of the Old Gainesboro School to hear from the public and solicit ideas for alternate uses. 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 Ross P. Spicer Aye ** *Items Not Requiring Action * ** 1. Proposed Doonberg Subdivision Mr. Evan Wyatt with Greenway Engineering presented a proposed concept for low impact design within a residential application. His attached letter dated October 18, 2011 highlights several approaches to low impact design within the proposed Doonberg Subdivision. Basically, if approved, the subdivision would serve as a test case for the design of stormwater management using the new state stormwater guidelines. The test data derived from this project would, not only, assist the public works department in developing a stormwater ordinance, but also, provide guidelines for actual implementation of stormwater management techniques. To implement the proposed low impact development, it will be necessary to amend several of the current subdivision ordinances. The amendments will be forwarded through the planning and development department to the code and ordinance committee. The proposed concepts and procedures were unanimously endorsed by the public works committee. (Attachment 1) 2. Summary of Fiscal Year 2010/2011 Recycling Programs The director of public works presented a brief summary of the Fiscal Year 2010/2011 recycling programs that had been prepared by Solid Waste Manager Gloria Puffinburger. This summary indicated that Frederick County had achieved a recycling rate of 48.6 percent. In addition, our regional electronics recycling program continues to be a model for the state with a diversion of 234 tons for Fiscal Year 2010/2011. Our litter program collected 57 tons from county roadways utilizing inmate labor valued at $55,224. Actual expenditures were less than the $13,000 grant provided by the state. The committee commended the staff for their hard work and dedication to recycling. (Attachment 2) 3. Update on Lake Holiday Dam Spillway Upgrade Project Deputy Director Joe Wilder presented a brief PowerPoint overview of the ongoing spillway improvement project associated with the Lake Holiday dam. This presentation included photographs of the temporary siphon system as well as before and after views of the lake levels. 4. Miscellaneous Reports a) Tonnage Reports (Attachment 3) b) Recycling Reports (Attachment 4) c) Animal Shelter Dog Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 113 Street on Wednesday, October 19, 2011 at 8:00 a.m. All members were present. 1. The AARP Tax Aide Program provides additional program information as requested by the committee. See attached, p. 1. No action required. j : w:•z. . rp. NEW 3. The Winchester Regional Airport Authority requests an Airport Capital Fund (85) supplemental appropriation in the amount of $1 All other participating jurisdictions have approved the Airport Capital budget. See attached information, p. 3 -11. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye 4. The Finance Director requests approval of a change to County procurement policy which will increase the requirement for formal invitations to bid (IFB) from $50,000 to $100,000 for goods and nonprofessional services. The State of Virginia has made this change to the Virginia Public Procurement Act. The threshold remains at $50,000 for professional services. See attached Code of Virginia amendment, p. 12. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above 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 Ross P. Spicer Aye 5. The IT Director is seeking committee direction regarding funding requests for technology implementation. See attached details, p. 13 -16. The committee requests additional time to review the request. The IT Director will present an appropriation request and funding strategies at the next Finance Committee meeting. No action required. ** *Information Only * ** 1. The School Finance Director provides an FYI I year end open purchase order report. See attached, p. 17 -20. 21 -23. 2. The Finance Director provides a Fund 10 Transfer report for FY12. See attached, p. 3. The Finance Director provides an FY12 Unreserved Fund Balance report. See attached, p. 24. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 114 4. The Finance Director provides financial statements for the period ending September 30, 2011. See attached, p. 25 -37. TRANSPORTATION COMMITTEE REPORT FOR MEETING OF SEPTEMBER 26, 2011 - APPROVED The Transportation Committee met on September 26, 2011 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) Chris Collins (voting) ** *Items Requiring Action * ** 1. Back Mountain Road Speed Concerns — Endorsed Safety Analysis and Impact Study Regarding Speed Limit Increase VDOT Engineering has reviewed the Back Mountain Road accident history and geometrics and has determined that a speed study should not be warranted. They do, however, feel that a highway safety improvement program analysis may be warranted and would like concurrence from Frederick County regarding moving forward with this. See communication from VDOT below. We have performed a speed and crash analysis along the Route 600 /Route 164 corridor from Route 50 to Route 608. The speed analysis yielded that vehicles are traveling below the speed limit except for the Rt. 614 section. County Location Speed Limit (mph) 50 Percentile Speed (mph) 85 Percentile Speed (mph) Pace of Speed (mph) Route 600 Route 600 Route 600 Route 600 Route 614 0.45 mi N Rt 0.20 mi N Rt 6.57 mi N Rt 1.37 mi N Rt 1 mi N Rt 600 55 6085 I 608N 1614 55 55 55 55 45 46.98 48.19 46.43 47.31 48.87 52.83 54.61 53.27 53.83 54.21 45 -54 50 -59 45 -54 45 -54 50 -59 The crash analysis (from 2007 to 2009) revealed that there is a high number of crashes within the study area but the crash and injury rates were close to Staunton's secondary roads published crash and injury rates. Due to the recent number of fatality crashes, a detailed analysis of fatality crashes (from January 2007 to August 2011) was performed and yielded that none of the fatality crashes were correctable due to driver error (i.e. no restraint used, Alcohol or Drug use, Motorcycle hitting a deer). A comprehensive speed limit study is not necessary based on the speed and crash analysis. However, due to the high number of crashes, please ask Frederick County officials if they would like VDOT to pursue a HSIP analysis along the Rt. 600/614 corridor to investigate if other safety measure can be taken beside a speed limit reduction. MOTION: Motion by Mr. Racey and seconded by Mr. Grigsby to recommend that the Board accept VDOT's recommendation to perform a Highway Safety Improvement Program Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 115 analysis. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board endorsed the VDOT recommendation. Supervisor Lofton stated he would like to see VDOT look at the impact of changing the speed limit from 45 to 55 M.P.H. because some constituents have contacted him to say they believe 45 M.P.H. is too slow. Supervisor DeHaven stated he was okay with requesting VDOT's analysis include that consideration. Supervisor Lofton stated he would like to see the motion amended to request VDOT consider the increase in the speed limit, because he believed the speed limit played a part in the safety analysis. He concluded by saying including it now would mean the study would not have to be done twice. Supervisor DeHaven suggested letting VDOT do its analysis and _see what recommendations they come up with. He went on to say that speed studies must be based on existing conditions, but he did not have a problem asking VDOT to look at that issue. Deputy Planning Director — Transportation John Bishop advised that VDOT was asked to look at this issue because people wanted a lower speed limit on that road and when VDOT considered this study, they were looking at lowering the speed limit. He went on to say, that following the study, the board could ask VDOT to relook at its analysis to increase the speed limit to 55 m.p.h. He suggested moving forward with the highway safety study. Supervisor DeHaven amended his original motion to ask VDOT to perform the highway safety analysis and to also analyze the impact to that study of raising the speed limit to 55 m.p.h. The motion was seconded by Supervisor Spicer. 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 Ross P. Spicer Aye 2. Reliance Road Speed Study - Approved Attached (pages 5 -9 of this report) please find the speed study conducted by VDOT on Reliance Road. At this time, with concurrence of state and local law enforcement, VDOT is recommending a reduction in speed from 55 to 45 mph from the beginning of the 55 mph section (just east of Exit 302) to the Frederick County /Warren County line. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 116 MOTION: Motion by Mr. Racey and seconded by Mr. Grigsby to recommend that the Board accept VDOT's recommendation to reduce the speed limit on Reliance Road to 45 mph. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board endorsed the VDOT recommendation. 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 Ross P. Spicer Aye 3. Tasker Road Speed Study - Approved Attached (pages 10 -14 of this report) please find the speed study conducted by VDOT on Tasker Road. At this time, with the concurrence of state and local law enforcement, VDOT is recommending a reduction in speed from 45 to 35 mph from Nature Drive to Spanish Oak road. MOTION: Motion by Mr. Racey and seconded by Mr. Grigsby to recommend that the Board accept VDOT's recommendation to reduce the speed limit on Tasker Road between Nature Drive and Spanish Oak Road from 45 mph to 35 mph. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board accepted VDOT's recommendation to reduce the speed limit. Supervisor Fisher stated this study had no common sense. He stated this proposal would slow traffic and then speed it up just to push it into an intersection with a traffic light. He concluded by saying this makes no sense. 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 Nay Gary A. Lofton Aye Ross P. Spicer Aye 6. Welltown Road/Rest Church Road Truck Restriction Update Staff and board members have been receiving complaints for some time now regarding an increase in truck traffic on Welltown and Rest Church Road where heavy truck traffic was believed to have been restricted. Investigation of the issue has revealed that the primary reasons for this are new developments that have taken place since the original restriction was put in place that have created "breaks" in the restriction. Staff is recommending that the County request an updated restriction of these roadways that would account for these new roadway developments. Specifically, staff is recommending that the County request a new restriction that runs along Rest Church Road from Zachary Anne Lane to Welltown Road and along Welltown Road from Rest Church Road to Tyson Drive. MOTION: Motion by Mr. Grigsby and seconded by Mr. Racey to recommend that the Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 117 Board direct staff to prepare the application for updating the truck restriction. Motion passed unanimously. Supervisor DeHaven advised this item would be the subject of a public hearing later in the meeting. ** *Items Not Requiring Action * ** 4. MPO Long Range Plan Update Staff updated the Committee on the status of the MPO long range plan. 5. Capital Improvement Plan Staff notified the Committee that the update of the Capital Improvement Plan is in progress and provided them with the currently adopted plan for reference and discussion. 7. Other Staff notified the Committee that they are coordinating with the County Administrator's office on a revenue sharing application for the Russell 150 transportation improvements. TRANSPORTATION COMMITTEE REPORT FOR MEETING OF OCTOBER 24, 2011 - APPROVED The Transportation Committee met on October 24, 2011 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Bryon Grigsby (voting) Christopher Collins (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) ** *Items Requiring Action * ** 3. Revenue Sharing Application (Resolution #023 -11) - Approved Staff is preparing a revenue sharing application for the Russell 150 Bridge and connected roadway to Route 522. The Committee has endorsed this project for application and it requires a Board of Supervisors resolution. The resolution is being prepared along with the application and will be presented at the meeting. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved a resolution of support for the Revenue Sharing Program for Fiscal Year 2011 -2012. Supervisor Lofton stated he supported this application, but he wanted to make sure was no conflict between this application and any ongoing legal issues relative to this property. County Attorney Williams stated he did not believe there would be any conflict, as this application and project was separate from the Russell 150 bankruptcy. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $4,545,702.00 through the Virginia Department of Transportation Fiscal Year 2011 -2012, Revenue Sharing Program; and Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 118 WHEREAS, $4,545,702.00 of these funds are requested to fund the Tevis Street Extension and bridge from I -81 to Route 522; and WHEREAS, this is proposed to be a VDOT - Managed Project; and, NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $4,545,702.00 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED this 9 1h day of November 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 Ross P. Spicer Aye 7. Other Staff notified the Committee that the County has received a letter of de- allocation for a number of older revenue sharing projects that have not moved forward. Staff updated the Committee on the status of these projects and the Committee endorsed drafting a letter to CTB member Dr. James Davis requesting reconsideration for some of these funds based on numerous factors. A draft letter will be provided to the Board for review. The letter from VDOT, which includes the list of proposed de- allocations, is attached. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved sending a draft letter to CTB member Dr. James Davis requesting reconsideration for some of these funds. 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 Ross P. Spicer Aye ***Items Not Requiring Action*** 1. Capital Improvement Program The Commission endorsed minor updates to the transportation section of the Capital Improvement Program which will be coming to the Board through the Planning Commission. 2. MPO Update Staff notified the Committee that the MPO is moving forward with modeling for the long range transportation plan and what transpired at the MPO Policy Committee meeting of 10/19/2011. PLANNING COMMISSION BUSINESS Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 119 PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #09 -11 FOR SARAH HOTT FOR A COTTAGE OCCUPATION — HAIR SALON. THE PROPERTY IS LOCATED AT 99 PLANTATION DRIVE, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65B -4 -A -9 IN THE RED BUD MAGISTERIAL DISTRICT - APPROVED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a cottage occupation to allow a hair salon. The property is located at 99 Plantation Drive in the Red Bud Magisterial District. Zoning Inspector Johnston went on to say the Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with the Conditional Use Permit. 3. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Saturday. 4. Hair salon is limited to eight customers per day. 5. Other than applicant, one other employee is permitted. 6. Any expansion or change of use shall require a new Conditional Use Permit. Sarah Hott, applicant, stated she had been working in the county for the last six years. She went on to say she was looking forward to working from home. Supervisor Spicer asked if the limit of eight customers per day was sufficient. Mrs. Hott responded that she was okay with the number of customers. 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 Fisher, the Board approved Conditional Use Permit #09 -11 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 Ross P. Spicer Aye PUBLIC HEARING NO- THROUGH TRUCK ROUTE — FREDERICK COUNTY REQUESTS A NEW NO -TRUCK RESTRICTION WHICH RUNS ALONG REST CHURCH ROAD (ROUTE 669) FROM ZACHARY ANNE LANE (ROUTE 825) TO WELLTOWN ROAD (ROUTE 661), AND ALONG WELLTOWN ROAD FROM REST CHURCH ROAD TO TYSON DRIVE (ROUTE 861). Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 12 (RESOLUTION #024 -11) - APP ROVED Deputy Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised this was a public hearing to consider a request that Rest Church Road from Zachary Anne Lane to Welltown Road and Welltown Road from Rest Church Road to Tyson Drive be restricted to through truck traffic. He noted this was an update to the existing truck restriction to address development that has eroded the effectiveness of the existing truck restriction boundaries. Specifically, the development of Tyson Drive, which enters within the restricted area, effectively exempts industrial park traffic accessing that roadway from restriction. He concluded by saying the Transportation Committee recommended pursuit of this truck restriction. Chairman Shickle asked if this was written absolutely clear, because he did not realize the restriction was being pulled back. He went on to say the information did not say it wanted to unrestrict what currently exists. Deputy Director Bishop responded by saying that VDOT said this was how the item had to be worded. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the Resolution to Request No Through Truck Traffic Along Rest Church Road (Route 669) from Zachary Anne Lane (Route 825) to Welltown Road (Route 661), and Along Welltown Road from Rest Church Road to Tyson Drive (Route 861). WHEREAS, Rest Church Road (Route 669) and Welltown Road (Route 661) are classified as local roads, designed to handle residential traffic and are not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and County officials are concerned about heavy truck traffic on these roads; and WHEREAS, the Frederick County Board of Supervisors has identified that an alternate transportation route exists via I -81 to Route 11 North, Route 11 North to Welltown Road, and Welltown Road to Tyson Drive; and WHEREAS, in accordance with Section 46.2 -809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on November 9, 2011 to obtain public comments on restricting through truck traffic, along Rest Church Road (Route 669) from Zachary Anne Lane (Route 825) to Welltown Road (Route 661), and along Welltown Road from Rest Church Road to Tyson Drive (Route 861); and WHEREAS, the Frederick County Board of Supervisors will use its good offices foi Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 121 enforcement of the proposed restriction by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board, or its designee, consider restricting through truck traffic along Rest Church Road (Route 669) from Zachary Anne Lane (Route 825) to Welltown Road (Route 661), and along Welltown Road from Rest Church Road to Tyson Drive (Route 861). This resolution shall be in effect on the day of adoption. Passed this 9 th day of November, 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 Ross P. Spicer Aye OTHER PLANNING ITEMS DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — RIPARIAN BUFFERS (RESOLUTION #025 -11) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff had been requested to review the riparian buffer requirements contained in the Zoning Ordinance and the provisions for disturbing and crossing them. She noted that under the current ordinance riparian buffers cannot be disturbed for the construction of new private roads or for private access to any property. She went on to say that staff prepared an ordinance amendment that includes: • Amendment to allow riparian buffers to be disturbed for the following: o Public or private utilities; o Public facilities, access to a property or roads; o Riparian buffer restoration or enhancement projects; o Creation of wetlands; o Pedestrian, recreational and /or bicycle trails; and o Planning Commission waiver to allow for the disturbance of riparian buffers for the creation of park areas or for stormwater management purposes. • Amendment to the definition of "road" to remove the word "existing ". She concluded by saying this item had been forwarded to the Board for further discussion. Chairman Shickle asked if this proposal would allow something that was previously not allowed. Senior Planner Perkins responded yes. Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 122 Supervisor DeHaven asked if there was anything in this proposal that would prevent existing crossings that might be damaged due to flooding from being restored. Senior Planner Perkins responded no. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved sending this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165, Zoning concerning riparian buffer requirements and the provisions for disturbing and crossing them. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on September 22, 2011; and WHEREAS, the Planning Commission discussed the draft ordinance on October 19, 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 revise the requirements for the disturbance of riparian buffers as well as revise the definition of road and street. 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 changes to CHAPTER 165 ZONING, ARTICLE I — GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, PART 101 — GENERAL PROVISIONS, 165- 101.02 — DEFINITIONS AND WORD USAGE, AND ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 201 — SUPPLEMENTARY USE REGULATIONS 165- 201.08 — PROTECTIONS OF ENVIRONMENTAL FEATURES. Passed this 9th day of November, 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 Ross P. Spicer Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — TELECOMMUNICATION FACILITIES — NO ACTION TAKEN; STAFF TO BRING BACK FOR FURTHER REVIEW AND DISCUSSION Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff had been requested to revise 4165- 204.19 — Telecommunications facilities, commercial. The proposed changes were: - Changes to the introductory language to include recognition of a 15.2- 2232(A) (Code of Virginia) review in the ordinance. - Addition of language that states there must be a need for a facility. - Clarifying that co- location efforts should extend to buildings and structures generally and not just existing telecommunication towers. She went on to say the Development Review and Regulations Committee and the Planning Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 F1 23 7 3 7 Commission reviewed this proposal and recommended that it be sent forward to the Board for discussion. Chairman Shickle asked if this proposal would cover buildings and structures also. Senior Planner Perkins responded yes. Supervisor Lofton spoke concerning the impact of these facilities on adjoining property owners. He stated that we do not notify owners beyond the contiguous property owners; however, he has received feedback from non - adjoining owners because of the visual impact is as great on them as to the adjoining neighbors. He went on to say that he was not sure how to address this issue. County Attorney Rod Williams responded the intent of this change was to add the consideration of additional property owners to the ordinance. The proposed amendment covers adjoining properties, residences, land use patterns, and properties of scenic and historic value. Supervisor Spicer suggested that selecting a distance (e.g. 500 or 1,000 feet) and going outward from tower might be a solution to Supervisor Lofton's concerns. Supervisor Lofton stated that he hoped the amendment was sufficient, but he was having difficulty getting his arms around how to deal with the different topography in the county. He asked who we currently notified upon receipt of an application. Senior Planner Perkins responded that currently only the adjacent property owners were notified. Chairman Shickle wanted to know where it was written about who gets notified. County Attorney Williams responded that State Code lays out the minimum requirements. He went on to say if the board wanted to do more then it could either be written into the ordinance or set as policy. He concluded by saying there was no problem with giving more notice than required. Supervisor DeHaven stated he did not disagree, but that staff needs guidance and the additional notification would have to be calculated into the fee structure. Supervisor Fisher stated the notice requirement was far reaching, beyond conditional use permits. He went on to say this is an issue that has been wrestled with for years and he believed there was a need for broader notice. Planning Director Eric Lawrence stated there was a need to have parameters for notification. He went on to say staff would do an analysis of current towers to see the number of Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 124 property owners within 500 to 1,000 feet of those structures. He continued by saying staff could write the additional notice requirement into the chapter so it would only apply to towers. He concluded by saying the item would be brought back to the next meeting. The Board took no action and staff would bring the item back for further review and discussion. REQUEST TO SCHEDULE WORK SESSION The Board scheduled a work session to review and discuss potential ordinance revisions to accommodate low impact designs and review the pump and haul program for Wednesday, December 7, 2011 at 12:00 P.M. BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher advised that he would like to refer the board back to his motion regarding the postponement of the Carmeuse Rezoning. He stated the applicant has responded to all of the concerns raised and, if the applicant is willing, he wanted to know how the board could bring that item to the December 2011 meeting instead of the first meeting in January 2012. County Attorney Williams responded a motion to change the postponement to the December meeting, subject to the applicant's concurrence would be acceptable. Supervisor Fisher moved to amend the postponement of the Carmeuse Rezoning from the first board meeting in January 2012 to the first meeting in December 2011, subject to the applicant's concurrence. The motion was seconded by Supervisor Lofton. Supervisor DeHaven advised that he would be abstaining from consideration of this item. 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. Abstain Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye ADJOURN Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11 125 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. (8:55 P.M.) Richard C. Shickle Chairman, Board of Supervisors A r k, Board of Supervisors Minutes Prepared By: Jay E. Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 11/09/11