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December 14 2011 Regular Meeting Minutes135 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 14, 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 Dan Hess, Harvester's of Hope, 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 there were no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, 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 Administrator Riley offered the following items for the Board's consideration under the consent.agenda: - Parks and Recreation Commission Report — Tab F; - Public Works Committee Report — Tab G; and - Road Resolutions — Steeple Chase Subdivision, Kendall Mills, Maranto Manor Drive, The Guards, Section III /aka Musket, and The Estates at Whitacre Farm — Tab P. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 136 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 November 9, 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 Ross P. Spicer Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the minutes from the December 2, 2011 work session. 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 OF R. THOMAS MALCOLM Chairman Shickle presented a framed copy of the Resolution in Memorial of R. Thomas Malcolm to Mr. Malcolm's family. BOARD OF SUPERVISORS' PRESENTATION OF HISTORIC PLAQUE TO OWNERS OF GLASS- RINKER- COOPER MILL IN THE VILLAGE OF OPEOUON Senior Planner Candice Perkins appeared before the Board regarding this item. She advised The Historic Resources Advisory Board developed the historic property designation program to formally acknowledge the architectural and historic integrity of county structures. At Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 137 its October 18, 2011 meeting, the Historic Resources Advisory Board unanimously approved a designation application for the Glass- Rinker- Cooper Mill located at 2431 Cedar Creek Grade and respectfully requests the Board of Supervisors award a plaque. Chairman Shickle presented the historic plaque to the property owners. PRESENTATION BY THE NATIONAL WEATHER SERVICE OF A STORM READY CERTIFICATION Fire Chief Dennis Linaburg advised that Frederick County has been recognized by the National Weather Service as a Storm Ready Community. He recognized the efforts of Emergency Communications Director Leeanna Pyles and Deputy Emergency Management Specialist Chester Lauck in making this a reality. Chief Linaburg then introduced Chris Strong with the National Weather Service. Mr. Strong formally recognized Frederick County as a Storm Ready Community and noted it was one of only 36 communities in the State of Virginia to attain that designation. He congratulated the county's Office of Emergency Management on this accomplishment. Chairman Shickle thanked all of the employees who made this achievement possible. COMMITTEE APPOINTMENTS FORMATION OF INFORMATION TECHNOLOGIES COMMITTEE (IT COMMITTEE) - APPROVED Chairman Shickle requested the Board approve the formation of an Information Technologies Committee and designation as a standing committee. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the formation of an Information Technologies Committee (IT Committee) as a standing committee. 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 ERIC CAMPBELL TO THE WINCHESTER - FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board appointed Eric Campbell to the Winchester- Frederick County Tourism Board to fill the unexpired term of Niki Wilson, said term to expire June 30, 2012. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 138 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 DANA BOWMAN TO THE COMMUNITY PLANNING AND MANAGEMENT TEAM (CPMT) - APPRO Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board appointed Dana Bowman to the Community Planning and Management Team (CPMT) to fill the unexpired term of Bassam Sabbagh, said term to expire June 30, 2012. 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 JOHN L. MCKENIZE AS STONEWALL DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed John L. McKenzie as Stonewall District representative to the Industrial Development Authority. This is a four year appointment, said term to expire November 10, 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 Ross P. Spicer Aye REAPPOINTMENT OF MARGART DOUGLA S AS BACK CREEK DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board reappointed Margaret B. Douglas as Back Creek District representative to the Extension Leadership Council. This is a four year appointment, said term to expire January 14, 2016. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 139 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 WILLIAM H. GRIM AS OPEOUON DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - `- APPROVED i Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board reappointed William H. Grim as Opequon District representative to the Extension Leadership i Council. This is a four year appointment, said term to expire January 24, 2016. 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 RONALD MADAGAN AS OPEOUON DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board i reappointed Ronald Madagan as Opequon District representative to the Parks and Recreation I Commission. This is a four year appointment, said term to expire January 14, 2016. The above motion was approved by the following recorded vote: i 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 JOHN R. RILEY JR. AS FREDERICK COUNTY REPRSENTATIVE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board reappointed John R. Riley, Jr. as Frederick County representative to the Northern Shenandoah Valley Regional Commission. This is a three year appointment, said term to expire January 11, 2015. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 j 14 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 J. STANLEY CROCKETT AS STONEWALL DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board reappointed J. Stanley Crockett as Stonewall District representative to the Planning Commission. This is a four year appointment, said term to expire February 12, 2016. 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 DIRECTOR OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION MARTHA SHICKLE TO ADDRESS THE BOARD RE: PRE - A_PPLICATION REQUEST FOR A COMMUNITY DEVELOPMEN BLOCK GRANT (CDBG) FUNDING FOR THE LAUREL CENTER AND F OR THE SUPPORT OF THE DEVELOPMENT OF A REGIONAL HOUSING NEEDS ASSESSMENT - APPROVED Martha Shickle, Executive Director of the Northern Shenandoah Valley Regional Commission, appeared before the Board regarding this item. She advised the Regional Commission would be applying for two Community Development Block Grants. The first grant would be for the Laurel Center. She stated the commission was seeking approval from the Board to submit a pre - application. The second item was a request that Frederick County serve as the sponsoring organization for a funding request for a Community Development Block Grant Planning Grant to support the development of a regional Housing Needs Assessment. Chairman Shickle asked why the Laurel Center pre - application was coming through Frederick County and not the City of Winchester. Executive Director Shickle responded the city was not eligible to apply to the State for these funds. She noted the city had provided $70,000 for site development. Administrator Riley advised the Commission needs authorization to apply on a pre- application basis. If the pre - application is successful then the application would come back to the Board for approval. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 141 Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the request to apply for funding for the Laurel Center on a pre - application basis. 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 Upon a motion by Supervisor Spicer, seconded by Supervisor Lofton, the Board approved Frederick County serving as the sponsoring agent for the Community Development Block Grant to support the development of a regional Housing Needs Assessment. 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 DELEGATE ELECT I RANDALL MINCHEW TO ADDRESS THE BOARD Delegate -Elect J. Randall Minchew appeared before the Board. He stated he had been elected to serve the new 10 District and he considered it an honor to serve Frederick County. He went on to say he appreciated the issues and difficulties facing local governments. Chairman Shickle thanked Delegate -Elect Minchew for attending the meeting and speaking with the Board. Vice - Chairman Ewing congratulated Delegate -Elect Minchew and thanked him for coming. Supervisor Fisher thanked Delegate -Elect Minchew for coming and stated he looked forward to working together. RESOLUTION ( #026 -11) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY CONCURRING WITH A FINANCING UNDERTAKEN BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CLARKE COUNTY VIRGINIA, TO BENEFIT SHENANDOAH UNIVERSITY - APPROVED Chairman Shickle turned the meeting over to Vice - Chairman Ewing. He and Supervisor Fisher recused themselves from discussion/consideration of this matter due to a conflict of interest. Administrator Riley advised this was a financing issue to benefit Shenandoah University Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 1421 The $8 million bond issuance will cover costs associated with: (1) acquiring from a University- related entity an existing hotel site known as the Quality Inn Winchester, located within Frederick County, Virginia (the "County "), at 1017 Millwood Pike, Winchester, Virginia 22602 (the "Hotel Property "), and constructing, renovating and equipping improvements to the Hotel Property for student housing and other University purposes, (2) acquiring, constructing and equipping one or more capital improvements to the University facilities located on the portion of the University's main campus in the City of Winchester, Virginia, including without limitation, (a) a new residence hall of approximately 10,000 square feet to 150,000 square feet, (b) a new health sciences building of approximately 30,000 square feet to 100,000 square feet, (c) a new parking garage of approximately 100 to 500 parking spaces and (d) perimeter boundary & landscaping, and (3) funding certain working capital and issuance expenses incurred in connection with the issuance of such bonds. He went on to explain that the Clarke County Industrial Development Authority would be the issuer of these bonds because Frederick County and the City of Winchester have exceeded their bank qualified issuing amounts for 2011. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the Resolution of the Board of Supervisors of Frederick County Concurring with a Financing Undertaken by the Industrial Development Authority of Clarke County, Virginia, to Benefit Shenandoah University. WHEREAS, the Industrial Development Authority of Clarke County, Virginia (the "Authority "), has received an application from Shenandoah University, a not - for - profit Virginia non -stock corporation (the "University "), requesting the Authority to issue its Educational Facilities Revenue Bonds, Series 2011, in a principal amount not to exceed $8,000,000 (the "Bonds ") to finance the costs of (1) acquiring from a University - related entity an existing hotel site known as the Quality Inn Winchester, located within Frederick County, Virginia (the "County "), at 1017 Millwood Pike, Winchester, Virginia 22602 (the "Hotel Property "), and constructing, renovating and equipping improvements to the Hotel Property for student housing and other University purposes, (2) acquiring, constructing and equipping one or more capital improvements to the University facilities located on the portion of the University's main campus in the City of Winchester, Virginia, including without limitation, (a) a new residence hall of approximately 10,000 square feet to 150,000 square feet, (b) a new health sciences building of approximately 30,000 square feet to 100,000 square feet, (c) a new parking garage of approximately 100 to 500 parking spaces and (d) perimeter boundary & landscaping, and (3) funding certain working capital and issuance expenses incurred in connection with the issuance of such bonds (collectively, the "Project "); and WHEREAS, Section 15.2 -4905 of the Code of Virginia of 1950, as amended (the "Virginia Code "), states that an industrial development authority may not finance facilities in another jurisdiction that has an industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code ") require that the governmental unit having jurisdiction over the area in Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 143 which any facility financed with the proceeds of the Bonds is located approve the issuance of such Bonds; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bonds; WHEREAS, on December 8, 2011, in accordance with the requirements of Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, the Authority held a public hearing and adopted a resolution (the "Resolution "), a copy of which has -- been filed with the records of the Clerk of the Board of Supervisors of the County; WHEREAS, the University has requested the Board of Supervisors of the County to express its concurrence with the Resolution so that a portion of the net proceeds of the Bonds may be loaned to the University to finance a portion of the Project to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the issuance of the Bonds by the Authority for the benefit of the University, as required by Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required by Section 15.2 -4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bonds to the University to finance the portion of the Project to be located in Frederick County. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the University. As required by Section 15.2 -4909 of the Virginia Code, the Bonds shall provide that the County will have no obligation to pay the Bonds or the interest thereon or other costs incident thereto. 3. All acts and doings of the officers of the County and the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 4. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Abstain Gary A. Lofton Aye Ross P. Spicer Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 6, 2011. Members present were: Charles Sandy, Jr., Ronald Madagan, Gary Longerbeam, Ron Hodgson, P.W. Hillyard, III, Patrick Anderson, Cheryl Swartz, and Marty Cybulski. Members absent were: Christopher Collins. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 144 1. Co- sponsor Policy — The Executive Committee recommended the approval of the Co- Sponsor Policy as submitted, motion carried (7 -0) with Mr. Hodgson abstaining from vote. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, November 29, 2011 at 8:00 a.m. All members were present. The following items were discussed: ***Items Not Requiring Action*** 1. Disposition of Old Gainesboro School Assistant County Administrator, Kris Tierney, gave a PowerPoint presentation related to the future disposition of the Old Gainesboro School. The committee had previously recommended during their October meeting that the old school be demolished. During a subsequent board of supervisors' meeting, it was decided to schedule a public meeting prior to making a final decision on the future status of the school. Mr. Tierney's presentation highlighted the current condition of the building and costs associated with the urgently needed repairs, as well as the costs related to demolition. At the conclusion of the presentation, the committee recommended that Mr. Tierney add a significant contingency factor to the proposed repairs to accommodate unforeseen structural damage. They also recommended that he emphasize the fact that these repairs do not include a total refurbishment of the building only a stop gap measure to prevent water damage. They further highlighted that the land associated with the school has value as a future compactor site to replace the woefully lacking Gainesboro site. 2. Update on Lake Holiday Spillway Improvement Project Deputy Director Joe Wilder presented a progress report for the Lake Holiday project. To date, the existing downstream concrete apron has been removed. A majority of the metal arches have been removed. The lone remaining portions of the arches have to remain until Verizon relocates their telephone cable. The contractor continues to maintain their siphon system to control the lake level. The project is on schedule. 3. Update on New Stormwater Regulations Mr. Wilder indicated that the new stormwater regulations have been adopted. He further indicated that the Commonwealth's model stormwater ordinance should be available on or before December 31, 2012. The county will need to adopt a stormwater ordinance prior to July 31, 2013. 4. Miscellaneous Reports a) Tonnage Report (Attachment 1) b) Recycling Report (Attachment 2) c) Animal Shelter Dog Report (Attachment 3) d) Animal Shelter Cat Report (Attachment 4) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 16, 2011 at 8:00 a.m. Member Richard Shickle was absent. Items 4, 5, and 10 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the consent agenda was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 145 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 1. The NRADC Superintendent requests a NRADC Fund (11) supplemental qppropriation in the amount of $145,603 This amount represents funds required to hire five (5) additional staff. See attached information, p. 1. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 2. The NRADC Superintendent requests a DCS Fund (13) supplemental appropriation in the amount of $18,900 This amount represents funds needed for unemployment claims. See attached information, p. 2. The committee recommends approval. — Approved. Upon a motion Vice - Chairman Ewing, seconded by Supervisor Spicer, 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 3. The Clerk of the Circuit Court requests a General Fund (10) supplemental appropriation in the amount of $8,000 This amount represents anticipated attendance fees for civil juries for Frederick County for the remainder of the fiscal year. See attached e -mail, p. 3. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, 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 4. The Sheriff requests a General Funds (10) supplemental appropriation in the amount of $500 This amount represents DARE donations. No local funds required. See attached memo, p. 4. — Approved Under Consent Agenda. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 146 5. The Sheriff requests a General Fund (10) supplemental appropriation in the amount o $500. This amount represents funds received for the use of the firing range. No local funds required. See attached memo, p. 5. — Approved Under Consent Agenda. 6. The Sheriff requests a General Fund (10) supplemental appropriation in the amount of $30,000 This amount represents a DMV Selective Enforcement — Alcohol grant. No local funds required. See attached information, p.17 -18. The committee recommends approval. — Approved. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, 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 7. The Sheriff requests a General Fund (10) supplemental qppropriation in the amount of $244,238.60 This amount represents grant carry forward ($227,935.60) and one new grant ($16,303). See attached information, p. 17 -18. 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 8. The IT Director requests a General Fund (10) supplemental appropriation in the amount of $1,463,096.50 and a NRADC Fund (11) supplemental appropriation in the amount of $14,928.50. These amounts represent funds needed for IT projects which include COOP and disaster recovery, website content management, and public safety upgrades. Local funds are required. See attached information, p. 19 -20. The committee recommends a General Fund (10) supplemental appropriation in the amount of $169,556.50 and a NRADC Fund (11) supplemental appropriation in the amount of $14,928.50. The committee committed to fund balance funding of the request for Public Safety Equipment and Software at a later date when more precise figures are available. — Approved Recommended Appropriation Request Only. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved only the appropriation of $169,556.50 from General Fund (10) and $14,928.50 from NRADC Fund (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 Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 147 9. The County Administrator requests a General Fund (10) supplemental appropriation in the amount of $35,500 This amount represents funds required to update broadcast equipment. Funds have been received from the Comcast Public Education and Government (PEG) Grant. No local funds required. See attached memo, p. 21. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, 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 10. The F &R Chief requests a General Fund (10 ) supplemental appropriation in the amount of $1,000 This amount represents a grant from the Wal -Mart Foundation to provide free smoke detectors to citizens. No local funds required. See attached memo, p.22. — Approved Under Consent Agenda. 11. Discussion is requested on the Revenue Recovery Program (Fee- For - Service). See attached information, p. 23 -27. The committee recommends that the BOS Chairman appoint a County representative to the Revenue Recovery Program Workgroup and the Board of Supervisors. — Supervisor Collins Appointed as Board Liaison to Revenue Recovery Workgroup. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved appointing a Board of Supervisors' representative to the Revenue Recovery Program Workgroup. 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 Chairman Shickle advised that he intended to reestablish the Fire & Rescue Association liaison, so that person would do double duty. Supervisor Collins volunteered to be the liaison. Chairman Shickle asked staff to work with Supervisor Collins to determine if the Revenue Recovery Program was ready for a work session. 12. The Finance Committee Chairman requests discussion on the FY 2013 budget preparation. See attached memo, p. 28. No action required. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer report for FY12. See attached, p. 29 -31. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 148 2. The Finance Director provides an FY12 Unreserved Fund Balance report. See attached, p. 32. 3. The Finance Director provides financial statements for the period ending October 31, 2011. See attached, p. 33 -45. 4. The Shenandoah Valley Discovery Museum sends a letter of thanks for the county's support. See attached letter, p. 46 -47. 5. The GIS Manager provides information, as requested by the committee, on GIS website usage. See attached memo, p. 48 -49. PUBLIC HEARING PUBLIC HEARING - PROPOSED RECOMMENDED DEMOLITION OF OLD GAINESBORO SCHOOL. THE OLD GAINESBORO SCHOOL LOCATED ON ROUTE 522 NORTH IN THE GAINESBORO MAGISTERIAL DISTRICT HAS BEEN VACANT SINCE THE 2006/2007 ACADEMIC YEAR WHEN IT LAST HOUSED STUDENTS. IN 2007 THE BUILDINGS AND LAND COMPRISING THE SCHOOL PROPERTY WERE DECLARED SURPLUS BY THE FREDERIC COUNTY SCHOOL BOARD A ND SUBSEQUEN TRANSFERRED TO FREDERICK COUNTY. DUE TO ESTIMATED COST OF KNOWN REPAIRS TO THE FACILITY AND THE LACK OF A VIABLE USE FOR THE STRUCTURE IT IS THE RECOMMENDATION OF THE FREDERICK COUNTY PUBLIC WORKS COMMITTEE THAT THE BUILDINGS BE DEMOLISHED. PUBLIC COMMENTS WILL BE RECEIVED ON THE RECOMMENDATION TO DEMOLISH THE BUILDING. — APPROVE DEMOLITION OF BUILDING Assistant County Administrator Kris C. Tierney appeared before the Board regarding this item. He advised the county has struggled to find an acceptable use for the old Gainesboro School since it was declared surplus by the Frederick County School Board. Due to the deteriorated condition of the buildings, it was the recommendation of the Public Works Committee that the buildings be razed. Assistant Administrator Tierney presented a brief slide show which depicted the building conditions. He concluded by noting it would cost $135,000- $180,000 to demolish the structures. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the Public Works Committee's recommendation to raze the buildings. Supervisor Fisher noted the committee had looked at a variety of possible uses, but could not come up with a solution for the buildings. Chairman Shickle advised that he had been contacted by a number of citizens who have ties to the school and would like to get a brick from it. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 149 There being no further discussion, the 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 PLANNING COMMISSION BUSINESS OTHER PLANNING ITEMS REZONING #01 -11 OF CARMEUSE NA — CLEARBROOK REZONING SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES AND THOMAS MOORE LAWSON, ESQUIRE, TO REZONE 92 ACRES FROM RA (RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING) DISTRICT, WITH PROFFERS. THE PROPERTIES, WITH ADDRESSES OF 508 QUARRY LANE, 3004 MARTINSBURG PIKE AND 3180 MARTINSBURG PIKE, ARE LOCATED BETWEEN THE INTERSECTIONS OF ROUTE 11 WITH BRUCETOWN ROAD (ROUTE 672) AND WALTERS MILL LANE (ROUTE 836), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A -83, 44- A -83A, AND 33 -A -144 (PORTION OF), IN THE STONEWALL MAGISTERIAL DSITRICT. (POSTPONED AT BOARD MEETING OF SEPTEMBER 14, 2011) - APPROVED Supervisor DeHaven advised that he would abstain from consideration of this item due to a conflict of interest. Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The Board postponed this item at its September 14, 2011 meeting in order to give the applicant an opportunity to address issues and concerns raised. No new modifications to the application have been provided by the Applicant. He concluded by saying the final revision to the proffer statement, dated July 12, 2011, remains the one under consideration as part of this application. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Rezoning #01 -11. Vice - Chairman Ewing advised that he had safety concerns with the setback allowance. He noted it was only 50 feet from Route 11 and was very close to an elementary school. He went on to say that he would vote no on this request. Supervisor Collins stated he had concerns regarding the homeowners on abutting property because there were no protections for them when their property values were affected. There being no further discussion, the Board approved the motion by the following Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 150 recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Abstain Gene E. Fisher Aye Gary A. Lofton Aye Ross P. Spicer Aye RELIANCE ROAD AREA PLAN — AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDIX I, TO INCLUDE A NEW AREA PLAN FOR THE RELIANCE ROAD AREA OF THE COUNTY. THE AREA PLAN INTRODUCES FUTURE COMMERCIAL AND TECHNOLOGY LAND USE DESIGNATIONS TO AN AREA TOTALING APPROXIMATELY 311 ACRES. THE AREA PLAN INCLUDES PROVISIONS FOR TRANSPORTATION IMPROVEMENTS TO ACCOMMODATE THE LAND USE DESIGNATIONS. AT THIS TIME THE AREA PLAN DOES NOT INCLUDE AN EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA). THE AREA IS GENERALLY EAST OF 1 -81 AND THE TOWN OF MIDDLETOWN, ALONG RELIANCE ROAD (POSTPONED AT BOARD MEETING OF SEPTEMBER 28, 2011.) — (RESOLUTION #027 -11) - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised the Board considered this item at its September 28, 2011 meeting. During that meeting, two issues were raised: abandonment of Huttle Road and the transportation plan. The plan was referred back to the Steering Committee. The committee tweaked the plan and noted the intent was to abandon Huttle Road. He went on to say the committee reaffirmed the transportation plan as vital and it should stay with the plan. Director Lawrence noted if the plan is adopted it would become part of the Comprehensive Plan. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the Reliance Road Area Land Use Plan as an amendment to the Comprehensive Plan. WHEREAS, a resolution to adopt the Reliance Road Area Joint Land Use Plan was considered; and WHEREAS, the Comprehensive Plans and Programs Committee reviewed and discussed the plan at their meeting on February 14, 2011; and WHEREAS, the Frederick County Planning Commission held a public hearing and reviewed and discussed the plan on September 27, 2011; and WHEREAS, the Frederick County Board of Supervisors held a public hearing and reviewed and discussed the plan on September 28, 2011, and further discussed the plan on December 14, 2011, and finds that it is in the public necessity, convenience, general welfare, and good planning practice, to adopt the Reliance Road Area Land Use Plan. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors supports and adopts the Reliance Road Area Land Use Plan as part of the 2030 Comprehensive Plan. Supervisor Fisher stated there are significant issues with this plan that we are not prepared to address, in particular water and sewer issues. He went on to say he could not support Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 151 this amendment. Supervisor Lofton responded that he understood Supervisor Fisher's concerns, but he did not believe they should be answered at this point in the plan. Vice - Chairman Ewing stated he did not support the boundary line adjustment at this point. His support was strictly for the land use 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 Nay Gary A. Lofton Aye Ross P. Spicer Aye DISCUSSION OF COMPREHENSIVE POLICY PLAN AMENDMENTS (CPPA) #01 -11 OF TASKER ROAD — SENT FORWARD FOR PUBLIC HEARING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was the only Comprehensive Policy Plan Amendment received this year. The property is located on Tasker Road. The proposal is seeking a change of land use from institutional to residential. He noted there were transportation concerns associated with this proposal. Deputy Director Ruddy went on to say the Comprehensive Plans and Programs Committee recommended approval of this proposal. The Planning Commission discussed this item at its December 7, 2011 meeting and there were no negative comments. Supervisor Spicer noted the property had considerable slope, which would make it inappropriate for retail /commercial development. He asked if the topography would be a problem for residential development. Supervisor Collins noted there were no changes or improvements shown to the property entrance on Tasker Road. Ron Mislowsky, Patton Harris Rust & Associates, appeared on behalf of the applicant. He noted there would be improvements to the interchange at Rutherford Lane and Tasker Road. Supervisor DeHaven wanted Mr. Matthew Smith's concerns, which were listed in the staff report, acknowledged because there are issues that need work. Upon a motion by Supervisor Fisher, seconded by Supervisor Spicer, the Board approved sending Comprehensive Policy Plan Amendment #01 -11 of Tasker Road forward for public hearing. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 152 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 DRAFT 2012 -2013 CAPITAL IMPROVEMENTS PLAN (CIP) — SENT FORWARD FOR PUBLIC HEARING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a discussion of the 2012 -2013 Capital Improvements Plan (CIP). He noted the Planning Commission affirmed the CIP conforms to the Comprehensive Plan. Deputy Director Ruddy went on to say there were 92 projects on the FY 2012 -2013 Plan. Supervisor Fisher noted the light upgrade at the Clear Brook park baseball field should probably not happen since the Carmeuse rezoning has been approved. Supervisor Lofton noted the numbers in the plan show the total cost of the project, but not the total cost to the county. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board forwarded the 2012 -2013 Capital Improvements Plan to public hearing. 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 DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — COMMERCIAL TELECOMMUNICATION TOWERS (RESOLUTIONS #028 -11 AND #029 -11) — SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She noted these are proposed changes to the ordinance for the supplementary use regulations. The primary changes are: - 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. At the November 9, 2011 meeting, the Board of Supervisors expressed concern about the notification of adjacent and surrounding properties. Since that time, staff prepared a map Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 153 showing various existing towers with differing notification distances of 1,000, 2,000, 3,000, and 4,000 feet and the number of properties to be notified based on each distance. She went on to say staff recommended notifying properties within 2,000 feet of a proposed telecommunication tower. Senior Planner Perkins noted Frederick County had one of the lower application fees for these types of applications. She went on to say, based on research, the application fee for towers should be $7,000. She concluded by saying staff was seeking decisions /recommendations on the following items: 1. A decision on whether the proposed ordinance amendment is ready to be sent forward for public hearing. 2. A decision on the policy document stating the properties within 2,000 feet of a proposed commercial telecommunication tower application will be notified. 3. A decision on the proposed fee schedule change. Supervisor Spicer asked if an applicant would have to go through the conditional use permit process if they want to put tower on an existing structure that was not the height of the proposed tower. Senior Planner Perkins responded that was correct. Chairman Shickle suggested contacting existing companies that have poles because we might find out something we did not know. Supervisor Spicer asked if paragraph A 4 could be "tightened up ". He suggested requiring the applicant to actually produce the certificate instead of "information demonstrating... ". Supervisor Fisher stated he would like to know the cost to the county for processing a conditional use permit. Vice - Chairman Ewing stated he wanted to make sure we recovered our costs instead of using this as a way to generate revenue. Supervisor Lofton suggested establishing a mailing cost along with an application fee. Senior Planner Perkins responded that staff recommended am inclusive base fee. Supervisor Lofton stated he would prefer to see us notify property owners within 3,000 feet of a proposed tower. Supervisor Spicer noted he was sympathetic to Supervisor Lofton's concerns, but felt spreading the net too widely might be sounding the death knell on telecommunication facilities in Frederick County. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 154 Supervisor DeHaven stated the Board should make every effort to address concerns, but he was not sure going beyond State Code requirements was appropriate. He concluded by saying he was not opposed to where other members wanted to go. Vice - Chairman Ewing stated he did not have a problem with 2,000 feet, as proposed by staff. Supervisor Fisher stated 2,000 feet was plenty, but felt we could go a little less. — Supervisor Collins stated he thought it was fine using 2,000 as the base. Supervisor Spicer was okay with 2,000 feet. Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved the notification policy and sent proposed ordinance forward for public hearing with modifications to clarify language surrounding existing structures and requiring the applicant to produce the FCC certificate. No action was taken on the proposed fee schedule. Resolution Directing the Planning Commission to Hold a Public Hearing Regarding Chapter 165, Zoning Article II- Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses Part 204 - Additional Regulations for Specific Uses 165- 204.19 - Telecommunication Facilities, Commercial (Resolution #028 -11) WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, to revise telecommunication facilities, commercial, requirements contained within the Zoning Ordinance. 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 telecommunication facilities, commercial, requirements contained within the Zoning Ordinance. 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 II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165- 204.19 Telecommunication Facilities, Commercial. Passed this 14` day of December, 2011. Resolution Adjoiner and Surrounding Property Notification Policy For Commercial Telecommunication Tower Conditional Use Permit Applications (Resolution #029 -11) Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 155' WHEREAS, on November 9, 2011 the Frederick County Board of Supervisors directed staff to draft a policy for the notification of adjoining properties and properties that surround proposed new commercial telecommunication facilities; and WHEREAS, on December 14, 2011 the Frederick County Board of Supervisors discussed a new policy for the notification of adjoining properties and properties that surround proposed new commercial telecommunication facilities; and WHEREAS, it is the intention of the Frederick County Board of Supervisors to ensure that all property owners that may potentially be most impacted by the construction of any new commercial telecommunication tower be adequately notified of all conditional use permit (CUP) public hearing dates. The purpose of this policy is to outline the public notification requirements for all adjoining and surrounding properties for submitted CUP applications; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that the notification policy for new commercial telecommunication tower conditional use permit applications shall be as follows: All properties that meet the following criteria shall receive an adjoining and /or surrounding property notification for proposed new commercial telecommunication facilities: 1. All properties that directly adjoin and /or are located across any public or private road right of way. 2. All properties that are within 2,000 feet of the boundary of a property that has submitted a CUP application for a commercial telecommunication tower. 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 DISCUSSION OF LOW IMPACT DESIGN AND REL DESIGN ORDINANCE REVISIONS. PROPOSED REVISIONS TO THE ZONING AND SUBDIVISION ORDINANCE TO ALLOW FOR LOW IMPACT DESIGN AND AN INCREASE IN THE MAXIMUM CUL =DE -SAC LENGTH. (RESOLUTION #030 -11) — SENT FORWARD FOR PUBLIC HEARING W ITH BOARD'S CONCERNS TO BE ADDRESSED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to revise the Zoning and Subdivision Ordinances to allow for alternative designs to implement low impact design techniques in residential development. She went on to say the request seeks flexible private road standards in an effort to minimize impervious surfaces, which would enable improvements to stormwater runoff quantity and quality. The proposed revisions would include: - 4 165- 202.03. Motor vehicle access. Revision to provide the Zoning Administrator with the ability to waive the curb and gutter requirement for private roads when low impact design is proposed. The proposed curb and gutter elimination would also need approval from the Director of Public Works. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 156 4 144.17. Streets. Revision to the street layout requirement for the continuation of planned, existing or platted streets on adjoining parcels. This revision would eliminate the need to continue a road when such continuation would result in an adverse impact on exiting patterns and access. - 4 144.18 Sidewalks and pedestrian walkways. Revision to the sidewalk requirement to add "sidewalks" in addition to walkways and add the Director of Public Works and the Building Official as reviewing parties to the allowance of alternative materials for sidewalks and walkways. - 4 144.24. Lot requirements. Revisions to allow individual lots on private roads to be up to 1,000 feet from a state maintained road and allowance for the Planning Commission to allow lots to be up to 1,200 from the state maintained road. She went on to say this item was discussed at a joint work session with the Board of Supervisors, Planning Commission, and Public Works Committee. During the work session concerns were expressed about the complete removal of curb and gutter and the potential for going back to roadside ditches. There were no other concerns expressed at the work session and it was the consensus of the Board to bring this item forward for more discussion. Chairman Shickle asked if there had been any changes or amendments to what was presented during the work session. Senior Planner Perkins responded no. Supervisor Spicer suggested adding the caveat "to accommodate low impact design" to Section 144.18. He noted this could also be applied to the cul -de -sac length waiver. Chairman Shickle stated his problem with this proposal is that it appears rather than the changes standing on their own the applicant is getting something for doing it. He went on to ask if these amendments should include anticipation of the developer providing data for stormwater management. Director Lawrence noted the applicant would be permitted to do alternative materials if the county engineer was satisfied the proposal would create better stormwater management. Supervisor DeHaven stated he still had a little concern that the director of public works would be willing to consider this alternative design if he gets access to the data. He went on to say this looks like we are going to regulate someone to do something and spend money in order to see who's right at the end of the day. Supervisor Lofton asked if there was a definition of low impact design. Director Lawrence responded EPA was leading the effort. He went on to say there are descriptions that Public Works uses. Administrator Riley advised we are about to have a mandate regarding stormwater Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 157 i management thrust on the county and this is an opportunity to get a head of it. He went on to say we do not know if this is the best design, but this is an opportunity to see if this is something that could be successful. He concluded by saying the Board could always repeal the ordinance if it is found to be detrimental. Vice - Chairman Ewing stated he was comfortable with trying this because we are not allowing the developer to do less than required by the ordinance. Administrator Riley advised the proposed amendments would do away with concrete curb and gutter and would allow different materials to be used. Chairman Shickle expressed concern about a waiver being approved for a rezoning project, but the rezoning being denied. Supervisor Fisher stated the stormwater management requirements are something the Board needs to be about because the regulations are coming down. He went on to say curb and gutter are horrendous for stormwater management. Chairman Shickle asked if at any point these waivers would come to the Board of Supervisors. Administrator Riley asked if the proposed low impact design projects would require a master development plan. Director Lawrence responded yes and the Board would have the opportunity to see it. Supervisor Fisher stated the process as proposed would have Public Works approve the design and then have the Planning Commission review the plan and grant the appropriate waivers. He went on to say there needs to be more specificity regarding alternative sidewalks before an applicant gets a waiver. Supervisor DeHaven stated we are going to have to find a way to improve stormwater management issues. He went on to say he was okay going down this path. He concluded by saying this was a unique opportunity to work with the developer regarding stormwater testing, etc. Chairman Shickle advised he did not believe waivers should be approved until the Board has seen the original master development plan. He stressed that any waivers should come after the Board has seen the initial master development plant and the Board should be made aware of any waivers being sought. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board sent Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 15E the proposed revisions forward for public hearing with the Board's concerns to be addressed. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land to allow for alternative designs to implement low impact design techniques in residential development and to increase the cul -de -sac length requirement. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on October 27, 2011; and WHEREAS, the amendments were discussed at a joint work session with the Board of Supervisors, Planning Commission and Public Works Committee on December 7, 2011; 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 amendments to Chapter 165, Zoning and Chapter 144, Subdivision of Land, to allow for alternative designs to implement low impact design techniques in residential development and to increase the cul -de -sac length requirement. 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 II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 202 — OFF - STREET PARKING, LOADING, AND ACCESS, 165- 202.03 MOTOR VEHICLE ACCESS; AND CHAPTER 144, SUBDIVISION OF LAND, ARTICLE V DESIGN STANDARDS, 144.17 STREETS, 144.18 SIDEWALKS AND PEDESTRIAN WALKWAYS AND 144.24 LOT REQUIREMENTS Passed this 14`" day of December, 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 ROAD RESOLUTIONS a. STEEPLE CHASE SUBDIVISION ROAD RESOLUTION (RESOLUTION #031 -11) — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement for cuts, fills, and drainage; and Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 159 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. b. KENDALL MILLS ROAD RESOLUTION (RESO LUTION #032 -11) — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement 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. C. MAR ANTO MANOR DRIVE ROAD RESOLUTION (RES OLUTION #033 -11) — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement 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. d. THE GUARDS SECTION III /aka MUSKET RIDGE ROAD RESOLUTION (RESOLUTION #034 -11) — APPROVED UNDER CONSEN AGEN WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 16( 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 easement 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. e. THE ESTATES AT WHITACRE FARM ROAD RESOLUTION (RESOLUTION #035 -11) – APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered — into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and /or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced roads into the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement 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. BOARD LIAISON REPORTS Supervisor Fisher reported the airport should get back in operation this week if the weather cooperates. CITIZENS COMMENTS There were no citizen comments. Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11 1161 BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated Rhoda Kriz and others have been a driving force behind the Extension Leadership Council and he would like to thank her for her service to the council. He asked Administrator Riley to draft something for her. Vice - Chairman Ewing wished everyone a Merry Christmas and a prosperous New Year. UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:42 P.M.) Richard C. Shickle Chairman, Board of Supervisors Jo4n h. Rile , Jr. C'l'erk, Board of Supervisors Minutes Prepared By: 41 F. 1- 1 ju Jay E. i s Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 12/14/11