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HomeMy WebLinkAboutFebruary 8 2012 Regular Meeting MinutesM A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 8, 2012, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION John P. Westervelt, Advent Lutheran Church, delivered the invocation. PLEDGE OI< ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA -- APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report -- Tab E; and - Lake Holiday Dam Working Committee Report -- Tab F. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 M CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Collins reported that the Revenue Recovery Working Group would like to have a work session with the Board. Administrator Riley advised the staff would poll the Board to schedule a date and time for the work session. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the minutes from the January 18, 2012 Budget Work Session were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the minutes from the January 25, 2012 Budget Work Session with the School Board were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the minutes from the January 25, 2012 Regular Meeting were approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINMENT OF HELEN LAKE TO THE EXTENSION LEADERSHIP COUNCIL AS MEMBER -AT -LARGE - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 02!08!12 Mr., Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed Helen Lake to the Extension Leadership Council as a member -at- large. This is a four year appointment, said term to expire April 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DORRIE GREENE APPOINTED TO THE HUMAN RESOURCES COMMITTEE Chairman Shickle advised that he had appointed Dorrie Greene to the Human Resources Committee. CORRESPONDENCE FROM NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION — REGIONAL HOUSING NEEDS ASSESSMENT AND MARKET ANALYSIS - APPROVED Administrator Riley advised the Regional Commission was seeking permission to apply for a $40,000 planning grant to conduct a regional housing needs assessment and market analysis, He noted Frederick County would be the applicant, but the regional commission would administer the grant. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the Community Development Block Grant Application — Regional Housing Needs Assessment and Market Analysis. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #041 -12) OPPOSING DEVOLUTION AND COST SHARING - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the Resolution Opposing Devolution and Cost Sharing. WHEREAS, the Frederick County Board of Supervisors joins the efforts of the Commonwealth's counties in encouraging the 2012 General Assembly to continue the state and local partnership funding of core government services; and Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 RM WHEREAS, the transfer of funding for core services from the state to local governments is devolution. Devolution will continue to be used throughout the 2012 General Assembly, as we work to develop a state budget for Fiscal Years 2011 -2013; and WHEREAS, the Frederick County Board of Supervisors understands that program devolution is the shifting of state responsibilities to local governments. Counties have experienced first -hand the shift in funding for local programs and are already saddled with additional responsibilities in providing services for foster care children, police, line of duty costs, and maintenance of local libraries; and WHEREAS, core local services that include public education, police, fire, and social services are services that must be funded through the state and local partnership. "Passing the buck" to localities only perpetuates increases in real estate and business taxes; and WHEREAS, for several years, localities have been mandated to give back to the Commonwealth funding that was designed to support these local programs. Last year, local governments had to write checks or receive reduced reimbursements from the state for $60 million under a program known as "Aid to Localities ". Governor McDonnell has chosen to "chip" away at this annual contribution by reducing the yearly required payment by $10 million in his introduced budget; and WHEREAS, the state originally introduced this reduction to balance the state budget, but as the economy improves and state revenue increases, our state leaders must promptly eliminate this funding reduction and sustain local services. NOW, THEREFORE, BE IT RESOLVED, that localities and the Commonwealth continue their partnership and provide core government functions without shifting or shirking responsibilities. BE IT FURTHER RESOLVED, in order to address the mandates and financial responsibilities which have been shifted to localities, that our state elected officials act to ensure localities have the tools to fund their core services, provide county governments with equal taxing authority as cities and towns, and begin the process to initiate tax reform for state and local government. Adopted this 8th day of February, 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 Ross P. Spicer Aye Gene E, Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 17, 2012. Members present were: Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, and Marty Cybulski. Members absent were: Gary Longerbeam, Ron Hodgson, P.W. Hillyard, 111, Cheryl Swartz, and 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 02/08/12 No 1. Election of Chairperson and Vice Chairperson — Mr. Madagan moved to postpone the election of the Chairperson and Vice Chairperson until the February meeting, second by Mr. Anderson, motion carried (4 -0). 2. Meeting Date, Time, and Place — Mr. Madagan moved to postpone the selection of the meeting date, time, and place until the February meeting, second by Mr. Anderson, motion carried (4 -0). LAKE HOLIDAY DAM WORKING COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2 ❑d Floor of the 107 North Kent Street complex, on Tuesday, January 24, 2012 at 10:00 a.m. Members present: Dave Buermeyer, Dave Burleson, Ed Strawsnyder, and Kris Tierney. No items require Board action at this time. 1) General Update a. Public Work staff gave an update on the status of the spillway construction. All utilities that traverse the dam spillway have been relocated and the old spillway structure removed. A substantial amount of grading of the downstream slope has been completed and class II riprap has been placed and grouted in the downstream channel. Excavation work should be completed by the end of the month. A fourth siphon has been installed which can utilized in combination with the three existing siphons to lower the lake level by as much as a foot a day, if needed in case of a severe storm and snow melt event. b. Staff presented an update on the status of the LHSD Tax Collections. Collections are on track to meet the debt service requirements for 2012. (See attachment # 1) 2) LHSD 2012 Tax Rate Structure As part of the FY13 budget process, the Board of Supervisors will need to set the LHSD tax rate for calendar year 2012. The Committee discussed recommending a possible switch from the current two tiered, flat rate levy to an ad valorem rate structure. The Lake Holiday representatives stated that they would not be weighing on the tax structure issue based on advice from their legal counsel. They did point out that the two tiered structure was what LHCC owners were accustomed to and what had been presented and discussed with owners prior to bond referendum. (For additional details on the ad valorem proposal see attachment #2) It is anticipated that a discussion of a future LHSD rate structure will go to the Finance Committee in February. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, January 31, 2012 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Requiring Action * ** 1. Public Works Committee Charter - Approved The committee reviewed and unanimously endorsed a draft charter describing the responsibilities of the Public Works Committee. This charter with the committee's endorsement will be submitted to the Board of Supervisors for their adoption. (Attachment #1) Minute Book Number 37 Board of Supervisors Regular Meeting of 02108!12 us Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the Public Works Committee Charter. 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 Ross P. Spicer Aye Gene E, Fisher Aye Gary A. Lofton Aye 'Items Not Requiring Action ' 1. Old Stephens City School Building Mr. Kris Tierney, Assistant County Administrator, presented a brief overview of the conditions of the existing ancillary buildings associated with the Old Stephens City elementary school. This presentation included photographs of the interior and exterior of three (3) brick structures as well as an overview of the associated three (3) acres of property. The purpose of the presentation was to initiate discussion regarding the future disposition of the property. After discussing the possible future uses, the committee recommended that additional information regarding building sites, heating systems, and other pertinent items be obtained and presented at the next committee meeting. A course of action will be established at that time. 2. Old Gainesboro School In conjunction with a request for bids, a site meeting was held on January 23, 2012 at the Old Gainesboro School to allow prospective bidders to view the interior of the existing buildings. Approximately 12 people representing five (5) bidders attended the site meeting. Bids are due on February 10, 2012. After discussing the bid procedures, it was recommended that the results be submitted to the individual committee members with the intent to make a recommendation to the Board in time for their last meeting in February. 3. New Stormwater Regulations Mr. Joe Wilder, Deputy Director, provided the committee with an update on the new stormwater regulations. He indicated that he had originally planned to request that the committee decide if they wanted the regulations to be managed by either Frederick County or allow the Commonwealth to assume this responsibility. However, he indicated that very recent legislation in the form of HB1065 and SB407 have recommended integrating the current erosion and sediment control regulations with the new stormwater regulations. Consequently, the adoption of stormwater regulations and associated ordinances will become mandatory for all localities by July 1, 2014. The Commonwealth, through the Department of Conservation and Recreation, is currently working on a model stormwater ordinance which should be available by late spring of this year. Mr. Wilder has been asked to serve on a committee which will review this ordinance. 4. Total Maximum Daily Load (TMDL) Report Mr. Wilder presented a brief overview of the TMDL report that was mandated by the Environmental Protection Agency (EPA). The Chesapeake Bay TMDL requirements mandated by the EPA emphasize nitrogen, phosphorous, and sediments. The loading requirements dictated by the EPA for this region include a target date of 2025 for achieving the mandated reductions. Staff working through our local regional commission developed potential strategies that can be employed to achieve the reductions mandate by the EPA. These strategies were developed for all land uses including agriculture, which represents approximately 90 percent of the nutrient and sediment loading highlighted by Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 0 the EPA. The report summarizing these strategies was developed as a regional document and will be submitted to the DCR on February 1, 2012. 5. Rural Roads The committee chairman, Gene Fisher, initiated a brief discussion regarding the future disposition of private and/or rural roads. It was decided that this topic will be placed on the February agenda with a list of topics such as stream crossing, pavement standards, etc. included for discussion. 6. Miscellaneous Reports a) Tonnage Report (Attachment 2) b) Recycling Report (Attachment 3) C ) Animal Shelter Dog Report (Attachment 4) d) Animal Shelter Cat Report (Attachment 5) 7. Green Advisory Committee The Green Advisory Committee met on Tuesday, January 31, 2012 at 8:00 a.m. in the Public Works Conference Room, 2 Floor, 107 N. Kent Street, Winchester, VA. Members present were: Gene Fisher, Gary Lofton, Ross Spicer, George Ludwig, James Wilson, and Whitney Wagner. Absent was Bob Wells. ** *Items Not Requiring Action * ** 1. Energy Management Subscription a. To monitor energy use and track progress toward meeting Energy Improvement Plan goals, Frederick County has subscribed to Planet Footprint's service. This service collects and reports all energy accounts for the county. 2. Other Updates a. NRADC has completed construction phase of their Performance Contract w /guaranteed savings of - $60,000. b. Schools are entering Performance Contracts for projects at James Wood & Sherando HS. c. The Sheriff has converted 2 vehicles to propane, with refueling station at the Public Safety Building. Eight more vehicles are slated for conversion. d. Frederick County was recognized by VMLNACo as a Green Government in the Green Government Challenge 2011. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on January 23, 2012 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting). James Racey (voting) Bryon Grigsby (voting) Chris Collins (voting) Gary Oates (liaison PC) Members Absent Mark Davis (liaison Middletown) George Kriz (liaison PC) Lewis Boyer (liaison Stephens City) Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 ** *Items Requiring Action * ** 1. Transportation Committee Charter Staff has been requested to draft committee charters for all standing board committees. On pages 2 and 3 of this report is the draft Transportation Committee Charter. MOTION: Motion by Mr. Grigsby and seconded by Mr. Racey to recommend that the Board adopt the draft charter. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the Transportation Committee Charter. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Prioritization of Potential Grant Applications The MPO has requested a list of projects for which we (Frederick County) would like them to be able to apply for funds as opportunities become available. The reason for this is that, very often, federal grant announcements do not give a very long preparation time for applications. Since the competition for these funds is very high, being prepared more in advance would have some potential to aid in our competitiveness. Currently, Staff is recommending consideration of the following projects: 1. Tevis Street Extension and Bridge over I -81 2. Route 37 from I -81 to Route 522 3. Realignment of Redbud Road and Ramp at Exit 317 4. Exit 307 Relocation 5. Alignment of Hopewell Road and Brucetown Road Intersections with Route 11. MOTION: Motion by Mr. Grigsby and seconded by Mr. Racey to recommend that the Board accept Staff's recommendation and forward the projects to the MPO. Motion Passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the recommended projects and forwarded them to the MPO. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 3. Canter Estates Traffic Concerns 213 Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 214 Some time ago, the Committee recommended the addition of stop signs as requested by the homeowners association within Canter Estates. At that time, the recommendation was to move forward with stop signs at the intersections of Clydesdale and Corral, Corral and Caspian. The Committee recommended that the situation should continue to be monitored at the intersection of Clydesdale and Lariat/Maverick Court. Staff requested that the Committee reaffirm their position in the form of a recommendation for the Board in order to give VDOT what they feel they need to move forward. MOTION: Motion by Mr. Fisher and seconded by Mr. Collins to recommend that the Board affirm their recommendation to VDOT. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the. Board reaffirmed its recommendation to VDOT. The Board requested either a written response or a VDOT presence at the meetings. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. Senseny Road On page 5, please find the complaint received by Supervisor Fisher regarding speeds on Senseny Road. Staff noted that while some of the issues (such as illegal right side passing) would not be resolved by a speed reduction, it would be worthwhile to review the area, particularly given growth and even a recent accident involving a cyclist and a vehicle. MOTION: Motion by Mr. Collins and seconded by Mr. Racey to recommend that the Board direct request a speed study be conducted by VDOT. I am contacting you in behalf of the Saratoga Homeowners' Association requesting your help on couple of issues that was discusses in our latest meeting: a. Can you help in getting the Forty -Five (45) Miles an hour speed limited reduced by continuing the existing Thirty -Five Miles an hour limit on Senseny Road thru the Intersection at Greenwood Road and thru the Intersection at the next Red Light where the entrances are to the CVS Pharmacy and the new Shopping Center? Traffic coming West on Senseny Road where the Speed changes from 35 to 45 miles an hour makes it very unsafe to enter Senseny Road from our Development because of speeding traffic and a blind spot. In addition, there are School Buses pickup and drop off at our Intersection and a Day Care in the Shopping Center, with Parents dropping and picking up their children along with commercial establishments traffic. The existing speed limit creates very serious and unsafe conditions as vehicles are passing stop traffic on the right shoulders, and in the intersections where no traffic lights exists. With all the new developments, the long existing Forty -Five (45) Speed Limit is just too unsafe. Improving the safety of everyone is at a critical point and needs immediate attention. b. The other issue is the Road Front Footage, in front of Saratoga Meadows Development, along Senseny Road. Is it true that the Association must maintain a Tree Line and what is the definition of a Tree Line? If so, where does the Tree Line begin and end on Senseny Road? Also, where does the Association entire property lines begin and end? The Association is looking at ways to reducing increasing costs for our members. Your help and suggestions will be very much appreciated on these two issues. Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board requested VDOT conduct a speed study on Senseny Road. 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 5. I -81 Corridor Coalition Staff informed the Committee that the 1 -81 Corridor Coalition has requested that Frederick County renew membership in the coalition. The Committee has asked staff to assemble the pros and cons of membership as well as seek input from Frederick County's public safety providers and return the item. 6. Other Staff updated the Committee on a number of ongoing transportation projects including the following: a. Russell 150 b. Renaissance Drive c. Valley Mill Road d. Snowden Bridge Boulevard e. Route 11 North. Mr. Racey requested staff to work with VDOT to look into a signal programming issue at the intersection of Tasker Road and Rainville Road. Mr. Racey also noted that VDOT needs to provide better notification of the speed limit change on Tasker Road. Mr. Fisher noted that he had recently met with VDOT regarding concerns at the intersection of Route 50 and Sulphur Springs road and that VDOT will be updating traffic sensors in that location and replacing them with in- pavement sensors. Mr. Fisher also has been communicating with VDOT regarding signalization of the future entrance of the School Transportation Facility. Mr. Oates noted that he continues to receive safety complaints about the Taco Bell entrance on Welltown Road. PLANNING COMMISSION BUSINESS ESTABLISHMENT OF A REVIEW FEE FOR NON - PUBLIC HEARING PROFFER AMENDMENT APPLICATIONS — (RESOLUTION #042 -12) APPROVED Director of Planning & Development Eric Lawrence appeared before the Board regarding this item. He advised in May 2011 the zoning ordinance was amended to enable qualified proffer amendments to be considered by the Board of Supervisors without a public hearing. He Minute Book Number 37 Board of Supervisors Regular Meeting of 02108112 noted there was not a lot of staff time in these minor revisions; however, there was no fee associated with these minor amendments. He concluded by saying that staff recommended a fee of $1,000 for these applications. Supervisor Spicer asked if the language was clear regarding what constituted a qualified proffer amendment. Director Lawrence responded the verbiage was copied from the State Code. Chairman Shickle asked what would happen if a fee was not adopted. Director Lawrence responded we would have to abide by the current fee structure, which was much higher. Upon a motion Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution approving the fee established for non - public hearing proffer amendments. WHEREAS, on May 25, 2011, the Frederick County Board of Supervisors adopted an ordinance amendment to Frederick County Code Chapter 165- 102.06A (2) which enables the processing of proffer amendments which do not affect conditions of use or density, and when the proposed amendment provides a benefit to the County; and WHEREAS, the aforementioned ordinance amendment enables qualified proffer amendments to be processed without a public hearing; and WHEREAS, a qualified proffer amendment which is processed without a public hearing would typically be a minor revision, not necessitating significant staff review time nor associated public hearing costs; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that a development review fee for non - public hearing proffer amendments be established at $1,000. Passed this 8 day of February, 2012 by the. following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye POLICY FOR MONITORING AND BONDING LOW IMPACT DEVELOPMENT PROTECTS — (RESOLUTION #043 -12)_- APPROVED Senior Planner Perkins appeared before the Board regarding this item. She advised this was a proposed policy regarding monitoring and bonding for low impact development projects. She went on to say staff had received comments and have revised the policy accordingly. Senior Planner Perkins went on to say the owner and /or developer of all low impact development projects must provide the following: Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 1. Conduct routine water quality and quantity testing. 2. Maintain the low impact development techniques and repair or modify said techniques. 3. Establish a monetary guarantee. Supervisor Collins asked who monitored the testing for the county. Senior Planner Perkins responded the Director of Public Works. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the policy for monitoring and bonding of low impact development practices and techniques. WHEREAS, on January 25, 2012 the Frederick County Board of Supervisors discussed a new policy for the monitoring and bonding of projects that utilize low impact development practices and technologies and requested revisions to the policy; and WHEREAS, on February 8, 2012 the Frederick County Board of Supervisors discussed the revised policy for the monitoring and bonding of projects that utilize low impact development practices and technologies; and . WHEREAS, it is the intention of the Frederick County Board of Supervisors to support and encourage the use of low impact development practices and technologies on new developments as well as retrofitting existing developments. The purpose of this policy is to outline the monitoring and bonding requirements for the use of low impact development practices and technologies to ensure that the health, safety and welfare of the citizens of the County of Frederick are protected and the stormwater management technologies are maintained; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that the developer and/or owner of all projects and developments that utilize low impact development practices and technologies (such as, but not limited to, permeable pavement, raingardens/bioretention cells, and infiltration trenches) must provide for the following: I. Conduct routine water quality and quantity testing of the project for a specific period of time (testing period), and provide the empirical data to the Director of Public Works. The "testing period" must be approved by the Director of Public Works and be project specific. 2. Maintain the low impact development techniques to meet the design requirements, and repair or modify said techniques if it is determined by the Director of Public Works that the low impact development techniques are not functioning properly within the approved "testing period ". In the event that low impact development practices or technologies cannot be repaired or modified within a timeframe acceptable to the Director of Public Works, the developer shall be required to implement traditional stormwater management designs to ensure compliance with applicable stormwater management regulations. 3. Establish a monetary guarantee with the County that covers the cost of installing state mandated stormwater management practices within the approved "testing period ". This bond shall be posted prior to subdivision design plan approval, site plan approval or land disturbance permit approval, whichever comes first. Release of the bond shall be provided at the end of the approved "testing period" upon satisfactory inspection of the facility by the Director of Public Works. Passed this 8th day of February, 2012 by the following recorded vote: Richard C. Shickle Aye M Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 M Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — SIDEWALKS AND PEDESTRIAN WALKWAYS WITHIN MASTER PLANNED INDUSTRIAL PARKS — FORWARDED FOR PUBLIC HEARING WITH THE PLANNING COMMISSION RECOMMENDATION — (RESOLUTION # 044 -12) Senior Planner Perkins appeared before the Board regarding this item. She advised that staff received a request to review the sidewalk and pedestrian walkway requirements in Master Planned Industrial Parks. She went on to say staff prepared an amendment that would allow the Board of Supervisors to waive the sidewalk requirement for one side of a collector road within a master planned industrial park when a ten foot asphalt pedestrian facility has been, or is, planned to be constructed on the opposed side of the collector roadway, only in cases where the sidewalk has been deemed unnecessary along said collector roadway. In addition, she advised the proposed amendment revised two other waiver opportunities to show them as Board of Supervisors' waivers instead of Planning Commission waivers. Senior Planner Perkins explained the Planning Commission reviewed the waivers and felt they should be administrative waivers instead, in order to avoid delaying projects. Chairman Shickle asked if the waivers were made administrative waivers, could there be an appeal process to the Board. Director Lawrence responded that was something staff could consider. He went on to explain that staff wanted to review all waivers and could develop an appeal process during that review. He noted that tonight's request was to allow the proposed waivers to be administratively approved. Administrator Riley stated that allowing these waivers to be administratively approved and allowing an appeal to the Board "could get you where you need to be ". Supervisor Spicer stated he would like the Board to have the ability to overturn the waiver. Chairman Shickle advised he would like to have staff report out to the Board on administrative waivers granted. Supervisor Spicer stated he would prefer getting the potential list of waivers before they are approved rather than after the fact. Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12 Supervisor DeHaven suggested this list could be incorporated into the list of upcoming agenda items. Director Lawrence suggested the Board send the amendment forward for public hearing. In the meantime, staff would work on a process regarding waiver notification. He concluded by suggesting the waivers be put in place as Board of Supervisors' waivers. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board sent, the proposed ordinance amendment to forward for public hearing with the Planning Commission's recommendation to make the waivers administrative waivers. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 144, Subdivision of Land, concerning sidewalk and pedestrian walkway requirements in Master Planned Industrial Parks; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment in December, 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 an amendment to Chapter 144, Subdivision of Land, to revise the requirements for sidewalk and pedestrian walkways in Master Planned Industrial Parks. 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 144, SUBDIVISION OF LAND, ARTICLE V, DESIGN STANDARDS, 144 -18 SIDEWALKS AND PEDESTRIAN WALKWAYS. Passed this 8 day of February, 2012 by the following recorded vote, Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Lofton advised that he attended the Extension Leadership Council Grow Local/Buy Local seminar. He stated it was amazing to see the opportunities the local /small farmers have to develop sales of their products. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS' COMMENTS There were no Board of Supervisors' comments ADJOURN Minute Book Number 37 Board of Supervisors Regular Meeting of 02108112 M 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. (7:57 P.M.) � � 1 Richard r C. Shickie IC 9,Hoard ey, r. Chairman, Board of Supervisors of Supervisors Minutes Prepared By: Jay, TTiil bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 02/08/12