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March 14 2012 Regular Meeting Minutes
1243 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 14, 2012, at 6:00 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. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2- 3711(A)(7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the .county and pursuant to Virginia Code Section 2.2- 3711(A)(5), for discussion concerning the expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facilities in the county. 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 BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board came out of closed session and reconvened, in Regular 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Virginia Code Section 2.2- 3711(A)(7), for consultation with legal counsel Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14112 244. and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county and pursuant to Virginia Code Section 2.2- 3711(A)(5), for discussion concerning the expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facilities in the county. 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 RECESS Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board recessed until 7:15 P.M. 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 CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he one addition to the agenda. He added a Resolution in Honor of the 2012 Group AA Division 4 State Champion Millbrook High School Pioneers Girls' Basketball Team as item number 5 under County Officials. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 1245 , 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 item for the Board's consideration under the consent agenda: - Parks and Recreation Committee Report — Tab F. - Resolution in Honor of the 2012 Group AA Division 4 State Champion Millbrook High School Pioneers Girls' Basketball Team. Upon a motion by Supervisor DeHaven, 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 Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A., Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board approved the minutes from the February 15, 2012 budget work session with the Finance Committee 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 Lofton, seconded by Supervisor DeHaven, the Board approved the minutes from the February 22, 2012 work session with the Fire and Rescue Association regarding revenue recovery by the following recorded vote: Richard C. Shickle Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 246 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 Lofton, seconded by Supervisor DeHaven, the Board approved the minutes from the February 22, 2012 budget work session 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 Lofton, seconded by Supervisor DeHaven, the Board approved the minutes from the February 22, 2012 regular meeting 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 EMPLOYEE F THE MONTH AWARD (RESOLUTION #0 4A -12) ,. ,.,. APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved Noemy Espinal as Employee of the Month for March 2012. RESOLUTION EMPLOYEE OF THE MONTH MARCH 2012 NOEMY ESPINAL WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Noemy Espinal, who serves as an Office Assistant III with the County Administrator's Office was nominated for Employee of the Month; and, Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 247 WHEREAS, Noemy Espinal took on an enormous task of scanning HR employee files into the records management system which she began in Spring 2010. Noemy immediately worked with her supervisor to establish a schedule that supported her deadlines with the Administration Office which then gave her at least a full day's work each week for this scanning project. With completion in January 2012 Department Heads now have access to their employee files which has greatly reduced the work load and paper flow of the HR Department. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this le day of March, 2012, that Noemy Espinal is hereby recognized as the Frederick County Employee of the Month for March 2012; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Noemy Espinal for.her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Noemy Espinal is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS APPOINTMENT OF BRYAN GREEN TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board appointed Bryan Green to the Conservation Easement Authority, for a three year term, said term to expire March 14, 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 Ross P. Spicer Aye Gene E. Fisher Aye Gary A, Lofton Aye REAPPOINTMENT OF J. STANLEY CROCKETT TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board reappointed J. Stanley Crockett to the Frederick County Sanitation Authority, for a four year term, said term to expire April 15, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 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 - I A - l lJll..C111V11 - 111L' LHur%J L <. Ll\ 1L' ll - II%X1i7VLU I1%J \ f*U%I - 1(.) - APPROVED GRANT APPLICATION Administrator Riley advised this was a request to apply for a Community Development Block Grant in the amount of $700,000 in support of The Laurel Center relocation project. He went on to say staff was seeking Board of Supervisors' approval to allow the county administrator to sign and submit the application. Supervisor Collins asked if any of the other localities had been asked to do the same. Martha Shickle, Executive Director of the Northern Shenandoah Valley Regional Commission, responded the City of Winchester was not eligible to apply for this funding; however, they had expended $70,000 of their Community Development Block Grant Fund allocation towards this project. Vice - Chairman Ewing asked if there were provisions within the grant to allow for the recovery of administrative costs. Administrator Riley responded yes. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the resolution approving the DHCD CDBG Grant Application — The Laurel Center Relocation Project. WHEREAS, the Laurel Center Relocation Project has been identified as a community development priority for Frederick County in 2011 and 2012; and WHEREAS, the priorities were submitted to the Northern Shenandoah Valley Regional Commission in both 2011 and 2012 and requested to be included in the 2012 Annual Work Program for support of The Laurel Center Relocation Project; and WHEREAS, the Virginia Department of Housing and Community Development makes available annual funding for projects that meet local and regional community development priorities and meet the requirements of the Community Development Block Grant Program; and WHEREAS, the County has determined to prepare an application on behalf of The Laurel Center for the subject Relocation Project; NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to two public hearings, the Frederick County Board of Supervisors hereby agrees to apply for $700,000 of Virginia Community Development Block Grant funds for The Laurel Center Relocation Project. Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 249 BE IT FURTHER RESOLVED THAT, John R. Riley, Jr., County Administrator, is hereby authorized to sign and submit appropriate documents for the submittal of this Virginia Community Development Block Grant proposal. 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 CORRESPONDENCE RE: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT TELECOMMUNICATIONS PLANNING GRANT — APPROVED LETTER OF INTEREST Administrator Riley advised staff was seeking permission to apply for a $25,000 Telecommunications Planning Grant to assist in the development of a broadband service strategy to deploy adequate Internet services. Supervisor Spicer noted the application makes reference to this initiative being geared toward law enforcement and schools. He asked if the program would be made available to other citizens. Administrator Riley responded the program was dual purpose in that it would enbance law enforcement, but would also provide citizen access. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the Letter of Interest for Telecommunications Planning Grants. 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 ( #049- 12�IN - HONOR OF THE 2012 GROUP AA DIVISION 4 STATE CHAMPION MILLBROOK HIGH SCHOOL PIONEERS GIRLS' BASKETBALL TEAM - APPROVED UNDER CONSENT AGENDA WHEREAS, the Millbrook High School girls' basketball team achieved the pinnacle of excellence by completing an undefeated season, with a record of 30 -0, and winning the 2012 Group AA Division 4 State Championship; and WHEREAS, the Millbrook High School girls' basketball team made history by recording 80 consecutive wins breaking the state record of 78 consecutive wins set by Haysi High School from 1947 to 1951; and Minute Book Number 37 Board of Supervisors Regular Meeting of 03114/12 WHEREAS, the Millbrook High School girls' basketball team again made history by becoming the first girls' team to win three consecutive state championships in the Commonwealth of Virginia; and WHEREAS, the Millbrook High School girls' basketball team, Coach Debby Sanders, and her staff represented this community with distinction and honor throughout the season and State Basketball Tournament; and WHEREAS, this team made history through a combination of hard work, dedication, true sportsmanship, team spirit, and a "refuse to lose attitude ", which has brought favorable recognition upon themselves, their school, and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2012 Millbrook High School girls' basketball team for their historic achievements and a job well done. BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 14th day of March, 2012, PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 21, 2012. Members present were: Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, Gary Longerbeam, and Marty Cybulski. Members absent were: Ron Hodgson, P.W. Hillyard, III, Cheryl Swartz, and Christopher Collins. Items Requiring Board of Supervisors' Action 1. None. Submitted for Board Information Only 1. Election of Chairperson and Vice Chairperson — Mr. Madagan moved to nominate Mr. Marty Cybulski as Chairperson, second by Mr. Anderson, motion carried unanimously (5 -0). 2. Election of Vice Chairperson — Mr. Madagan moved to nominated Mr. Gary Longerbeam as Vice Chairperson, second by Mr. Anderson, motion carried unanimously (5 -0). 3. Meeting, Date, Time, and Place — Mr. Cybulski moved to move the Parks and Recreation Commission Meeting date and time to the 2 Tuesday of each month at 7:00 p.m. and alternate the meeting place so each Community Center and Parks governed by the Parks and Recreation Department be used once per year and remainder of meetings be scheduled at the Frederick County Administration Building, second by Mr. Madagan, motion carried unanimously (5 -0). 4. Fiscal 2 013 Budget — Mr. Cybulski moved to approve the Fiscal Year 2013 Budget as submitted, second by Mr. Longerbeam, motion failed (0 -5). Mr. Madagan moved to endorse the Parks and Recreation fiscal year 2013 budget with level funding except would add $45,000 for capital if available for the purchase of a trip vehicle, second by Mr. Anderson, motion carried unanimously (5 -0). Mr. Cybulski recommended returning Lantz Construction's Aquatic Facility PPEA deposit in the amount of $5,000 to terminate their PPEA proposal, second by Mr. Anderson, motion carried unanimously (5 -0). Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 5. Fiscal 2013 Work Program — Mr. Longerbeam moved to approve the Fiscal Year 2013 Work Program as submitted, second by Mr. Madagan, motion carried (4 -1). Mr, Cybulski was the dissenting vote. 6. Finance Committee — Facility Rental Discount — The Finance Committee recommended the following facility discounts: 1. Fitness Room — 20% discount for 10 visits or more, 2. Racquetball Court — 20% discount for 10 visits or more, 3. Swimming Pool — 20% discount for 10 visits or more, 4. Gymnasium — 20% discount for gym rentals exceeding 49 hours — all 50 hours must be paid to receive discount, second by Mr. Cybulski, motion carried unanimously (5 -0). HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, March 2, 2012 at 8:00 a.m. Committee members present were: Ross Spicer, Bill Ewing, Dorrie Green, and Phil Farley. Committee members absent were: Supervisor Christopher Collins and Sharen Gromling. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, Registrar Rick Miller, Finance Director Cheryl Shiffler, Clerk of Court Rebecca Hogan, Sheriff Bob Williamson, County Attorney Rod Williams, Commissioner of the Revenue Ellen Murphy, and Sarah Greenhalgh, The Winchester Star, The following items were discussed: ** *Items Requiring Action * ** 1. Approval of Revised HR Policies The Committee reviewed and discussed revisions to current HR policies. The revisions are primarily ones that are maturing terminology, correcting grammatical mistakes, clarifying words and phrases, and removing redundancies. There are no substantial or content changing revisions. The HR Committee recommends approval for HR policy changes as they are presented herein. (Attachment 1) Upon a motion by Supervisor Spicer, seconded by Vice- Chairman Ewing, the Board approved the revisions to the HR policies 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. Approval of the Employee of the Month Award The Committee recommends approval to award Noemy Espinal the Employee of the Month for March 2012. (Attachment 2) ** *Items Not Requiring Action * ** 1. The Introduction of Committee's Newest Member, Ms. Dorrie Greene Ms. Greene was appointed as a citizen member on the Committee and as such, attended her first meeting. 2. Presentation of Benefits Overview At the Committee's request, the HR Director presented a brief overview of the County's major benefits programs. (Attachment 3) 3. An Update of the County's HR Priorities for Calendar Year 2012 Minute Book Number 37 Board of Supervisors Regular Meeting of 03(14112 ■ The HR Director discussed recent updated to the HR priorities. (Attachment 4). There being no further business, the meeting was adjourned. Due to the Good Friday holiday, the next meeting will be held on Friday, April 13, 2012 at 8:00 a.m. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, February 28, 2012 at 8:00 a.m. All members were present except Whit Wagner and George Ludwig. The following items were discussed: ** *Items Requiring Action * ** 1. Disposition of Old Stephens City Ancillary Buildings The Committee unanimously endorsed a request from Assistant County Administrator, Mr. Kris Tierney, to authorize staff to advertise the sale of the ancillary buildings and property associated with the Old Stephens City School. In addition, the committee suggested that the board of supervisors consider the option of financing this sale through the IDA. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved advertising the ancillary buildings and property associated with the old Stephens City School for sale. Vice - Chairman Ewing advised that the Town of Stephens City had expressed an interest in acquiring this property. He asked about the status of their interest. Assistant County Administrator Kris Tierney responded that he had been contacted by the town and they were planning to look at the buildings. There being no further discussion, 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. Power Line Right -of -Way Agreement— Landfill Property in Clarke County The committee reviewed and unanimously endorsed a right -of -way agreement with Rappahannock Electric Co- operative related to relocating an existing power line currently running through landfill property located in Clarke County. All three (3) jurisdictions associated with the landfill will be required to execute the agreement. The attached memorandum prepared by Deputy Director of Public Works, Mr. Joe Wilder, describes the need for this relocation. The agreement is enclosed for the board's review and execution. The Board must schedule and conduct a public hearing on t his transfer prior to executing the right -of -way agreement. (Attachment 1) . Minute Book Number 37 Board of Supervisors Regular Meeting or 03/14/12 253 Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board authorized a public hearing on this item. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Fiscal Year 2012/2013 Landfill Budget The proposed Fiscal Year 2012/2013 landfill budget was presented to the committee as general information prior to submission to the finance department. This budget was previously reviewed and endorsed by the landfill oversight committee. The proposed budget has total expenditures of $8,220,050 and projected revenues of $5,389,448. The difference will be obtained from the landfill reserve fund. 2. Fiscal Year 201212013 Shawneeland Sanitary District Budget The proposed Fiscal Year 2012/2013 Shawneeland Sanitary District budget was presented to the committee as general information prior to submission to the finance department. This budget was reviewed and recommended by the Shawneeland Sanitary District Advisory Committee. The proposed budget has total expenditures of $766,702 and projected revenues of $664,470. The difference will be derived from the Shawneeland reserve fund. No fee increases are proposed in the Fiscal Year 2012/2013 budget. 3. Update — Old Gainesboro Elementary School Assistant County Administrator, Mr. Kris Tierney, provided the committee with a brief summary of the bid results associated with the Old Gainesboro Elementary School. These results had previously been provided to each member to solicit their input regarding the sale to the high bidder. He indicated that the high bid included a price of $75,001 and the offer of 1.4 acres of land to be conveyed to the county for use as a citizens' convenience site. Staff has scheduled a meeting with the prospective high bidder to negotiate the final details of the sale prior to scheduling a public hearing. 4. Discussion of Rural Roads The committee entered into a lengthy discussion regarding the future disposition of rural roads in Frederick County. These discussions centered on the prospect of privatizing the roads associated with future rural roads. At the conclusion of the discussion, the committee directed staff to develop a map delineating existing rural subdivisions with private roads and those rural subdivisions with state maintained roads. This map will be presented at the next scheduled committee meeting. 5. Deposit for PPEA Proposal Aquatics Center The committee reviewed and endorsed a request from the parks and recreation director to return a deposit submitted by Lantz Construction Company of Winchester, Inc. in the amount of $5,000. This deposit was made in conjunction with a PPEA proposal for the design and construction of an aquatics center. This request will be submitted by the parks and recreation director to the finance committee with the endorsement from the public works committee. 6. Miscellaneous Reports Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 254 a) Tonnage Report Bill M. Ewing (Attachment 2) b) Recycling Report Charles S. DeHaven, Jr, (Attachment 3) c) Animal Shelter Dog Report Gene E. Fisher (Attachment 4) d) Animal Shelter Cat Report (Attachment S) PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Tuesday February 28, 2012 at 10:00 a.m. Committee members present were: Committee Chairman Gary Lofton, County Administrator John Riley, Gene Fisher, and Ron Wilkins. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Fire & Rescue Chief Denny Linaburg, Fire & Rescue Association President Tim Price, Sheriff Robert T. Williamson, County Attorney Rod Williams, and Fire Marshall Jay Bauserman, The following items were discussed: ** *Items Requiring Board Action * ** 1. Public Safety Committee Charter (Attachment A) The Committee reviewed the draft PSC Charter which outlines the membership, functions, and duties of the Committee. Mr. Riley recommended the Committee ask the Board to provide clarification as to the voting members of the committee (i.e. 3 board members and 3 citizen members). The Committee unanimously approved this recommendation. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the Public Safety Committee Charter with the designation of voting members as the three board members and three citizen members. 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 * ** 2. Mobile Data Terminal Project Sheriff Williamson updated the committee on the progress of the Mobile Data Terminal Project and status of grant funding. This project is for updated recording capabilities in patrol cars. Phase 1, which was requested in October, is in the RFP drafting stage and is being written in conjunction with the IT Department. This phase will complete the Patrol and Investigation portion of the project. The Sheriff has been notified that Phase 2, approximately $249,600, has been awarded through a VDEM grant. The department is still seeking the remaining funding for Phase 2, The PSC supports the Sheriff in pursuing Phase 2 of the Mobile Data Program as outlined and recommends that grant proceeds, when approved, be appropriated for the project, This request will be forwarded to the Finance Committee for appropriation. 3. Fire & Rescue Code Analysis Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 Fire Marshal Jay Bauserman presented a summary of the current Frederick County Fire Code. The code pre -dates the existence of the Fire and Rescue Department; therefore, the verbiage needs to be updated to reflect present day operations, in particular, the language designating the Fire Code official as the Director of Planning & Development instead of the Fire Marshal (90 -2). In addition changes need to be made to the current code regarding the continued, monitoring of building codes after construction is complete and a code for hazardous material waste. Fire Marshal Bauserman asked the Committee to authorize staff to move forward with the review of the Fire Code for compliance with the State Code. Chairman Lofton and Mr. Riley suggested this item be addressed in greater detail at the next Public Safety Committee meeting and recommended to the Board of Supervisors at that time. 5. Revenue Recovery Mr. Riley advised that the discussion of the Revenue Recovery program will be addressed at a separate Public Safety Committee Meeting. A sub - committee needs to be created to address the complex issues of this matter and bring their findings back to the Public Safety Committee for further discussions. The sub - committee would consist of 3 Board of Supervisor members, 3 citizen members, Fire & Rescue staff support, and personnel from the Fire & Rescue Association. Mr. Lofton designated the sub - committee to study the issues of the Revenue Recovery Program. The consensus was agreed to by the members. 6. Current Public Safety budgets FY 11 -12 The Sheriff, Fire Chief, and Director of Emergency Communications provided a brief overview of their current budgets. They expressed concern regarding the difficulty in covering overtime and part-time pay. The absence of pay increases for the 4` year has made it difficult to conduct Career Development placement for employees. Training classes are a necessity and the cost to attend an out of County class or have an employee teach the class in house takes a toll on the overtime /part time budgets. Other stresses in the budget include the rising cost of gas and vehicle maintenance, especially with aging vehicles in the fleet, Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 11:00 a.m. TECHNOLOGY COMMITTEE REPORT - APPROVED The Board of Supervisors Information Technology Committee met on Wednesday, February 29, 2012 at 8:00 a.m. in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were: Gary Lofton, Chairman; Bill Ewing; Charles S. DeHaven, Jr.; Brian Madagan; and Quaisar Absar. Others present were: Walter Banks, IT Director; Patrick Fly, GIS Manager; Benny Tyson, MIS Director; C. William Orndoff, Jr., Treasurer; and John R. Riley, Jr., County Administrator. The committee submits the following: ** *Items Requiring Board Action * ** 1. Approval of the Board of Supervisors Information Technology Committee Charter (BOS IT) The proposed charter provides guidelines and direction for the BOS IT committee. Upon a motion by Mr. DeHaven, seconded by Mr. Ewing, the Committee unanimously recommended this item be forwarded to the Board of Supervisors for approval. (See Attachment.) 255 Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 M Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the Technology Committee charter 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 Board Action * ** 1. Walter Banks, Patrick Fly, and Benny Tyson gave updates in reference to network status, IT equipment, data collection, integration, and GIS performance. 2. There was a discussion about the Broadband initiative. Information was shared about the results of the data collected in partnership with Accelerate VA and the possible procurement of a planning grant in the amount of $25,000. If approved, this grant would be used to organize a management team and select a consultant(s) to create a RFP to address Internet concerns. 3. The condition of the Avaya phone system installed at the Kent location was discussed. Actions have been taken which Mr. Banks believes will allow a one year window to being planning upgrades and/or possible replacement. The phone system is "out -of -life" and will not be able to be warrantied unless upgrades are completed. 4. Mr. Banks discussed the approach of reviewing each existing and new IT services contract to ensure they are in line with the County's IT needs. 5. Sheriff Williamson and Mr. Joey Henry provided information about phase I of the laptop replacement project and were encouraged by news of a possible grant to assist with future phases. 6. The Technology Committee retired into closed session pursuant to Virginia Code Section 2.2- 3711(A)(1), for discussion of personnel matters. Reminder: The next scheduled meeting is April 0' at 8 a.m. in the first floor conference room. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST_ OF LOGAN BYRD AND DAVID EISERMAN — "NOMADIC ROOTS MUSIC AND ARTS FESTIVAL" PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 85 FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON THURSDAY, JUNE 28,2012,12:00 NOON, THRU SUNDAY JULY 1 2012. 12:00 NOON ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED BY ALEXANDER W.K. MCDOWELL AND MCDOWELL_ FAMILY, LLC. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit for Nomadic Roots Music and Arts Festival. The event will be held June 28, 2012 through July 1, 2012 at the Cove Campground. Supervisor Collins asked if alcohol was served at last year's event. Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 257 Logan Byrd, applicant, responded no, but they were looking at ways to sell alcohol this year but they had not yet made a final decision regarding the sale of alcohol. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved the outdoor festival permit request of Logan Byrd and David Eiserman — "Nomadic Roots Music and Arts Festival ". Supervisor Collins advised that he had no problem with the festival, but he did have concerns about the possible sale of alcohol. County Attorney Rod Williams advised that if the Board approved this permit, it would be with sale of alcohol permitted, if the applicants obtain an ABC license. There being no further discussion, the Board approved outdoor festival request 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING 401 -12 OF SNOWDEN BRIDGE STATION SUBMITTED BY GREYWOLFE INC. TO REZONE 6.512 ACRES FROM RA RURAL AREASI DISTRICT AND 6.180 ACRES FROM RP RESIDENTIAL PERFORMANCE) DISTRICT TOTALING 12.692 ACRES TO Ml LIGHT INDUSTRIAL) DISTRICT, WITH PROFFERS. THE PROPERTIES ARE LOCATED ADJACENT TO CSX RAILROAD 620 FEET EAST OF ROUTE 11 ON THE NORTH SIDE OF SNOWDEN BRIDGE BOULEVARD AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 43 -A -143, 43 -A- 144 43 -A -145 43 -A -146 AND 43 -A -147 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 6.512 acres from RA (Rural Areas) District and 6.18 acres from RP (Residential. Performance) District to the M1 (Light Industrial) District with proffers. The properties are located adjacent to CSX railroad, east of Route 11 on the north side of Snowden Bridge Boulevard in the Stonewall Magisterial District. He noted the proposed use Minute Book Number 37 Board of Supervisors Regular Meeting of ©3/14/12 V is consistent with the goals of the 2030 Comprehensive Plan and the Northeast Land Use Plan. Deputy Director Ruddy reviewed the proposed proffers for this rezoning: - Construction of Ezra Lane from Snowden Bridge Boulevard to Nulton Lane. - Installation of signalization improvements at the intersection of Ezra Lane and Snowden Bridge Boulevard, as specified by VDOT. - $0.10 per building square foot to be directed to Frederick County Fire and Rescue. He concluded by saying the Planning Commission considered this request at their February 15, 2012 meeting and recommended approval. Supervisor Lofton noted that VDOT thought the intersection was too close to Route 11. He asked if VDOT had the same concerns when the Snowden Bridge rezoning took place. Deputy Director Ruddy responded no. Supervisor Spicer asked if there was a possibility industrial traffic would be' going into Snowden Bridge. Deputy Director Ruddy responded yes it could because Snowden Bridge Boulevard goes through Snowden Bridge to Old Charles Town Road; however, the vast majority of the traffic would head south via Route Ll to I -81. Supervisor DeHaven noted there was a typographical error on the land use map. He noted the 6.512 acre parcel should be shown as RA not RP. Gary Oates, GreyWolfe,.Inc., appeared before the Board on behalf of the application. He advised there were 80 acres of land to the south of this development and he was in the process of working on a pump station to provide sewage service for this area. He advised this site would utilize a temporary drainfield until sewer service is available. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved Rezoning #01 -12 Snowden Bridge Station. WHEREAS, Rezoning 01 -12 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District to MI (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses, was considered, The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the north side of Snowden Bridge Boulevard, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-143,44-A-144,43-A-145,43-A-146, and 43 -A -147. Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 259 WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District to M1 (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14 day of March, 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 PUBLIC HEARING - REZONING #02 -12 OF RENAISSANCE COMMERCIAL CENTER SUBMITTED BY GREENWAY ENGINEERING TO REZONE 8.9817 ACRES FROM B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT AND RA „ „ 0.4989 ACRES FROM THE RA (RURAL AREAS) DISTRICT TO THE B2 , (GENERAL BUSINESS) DISTRICT, AND 1.55277 ACRES FROM THE B3 DISTRICT AND 01439 ACRES FROM THE RA DISTRIC TO THE B3 DISTRICT TOTALING 111772 ACRES WITH PROFFERS FOR COMMERCIAL USE. THE PROPERTIES ARE LOCATED ON THE WEST SIDE OF VALLEY PIKE (ROUTE 11 SOUTH), APPROXIMATELY Y2 MILE SOUTH OF THE ROUTE 37 INTERCHANGE NEAR INTERSTATE 81 EXIT 310 AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 75 -A- 2C AND 75 -A -2R IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 8.9817 acres from B3 (Industrial Transition) District and 0.4989 acres from RA (Rural Areas) District to the B2 (General Business) District, and 1.5527 acres from the B3 District and 0.1439 from RA District to B3 District, totaling 11.1772 acres, with proffers, for commercial use. The property is located on the west side of Valley Pike, approximately 1 /z mile south of the Route 37 interchange in the Back Creek Magisterial District. Senior Planner Perkins noted this development was participating in a Revenue Sharing Agreement to implement the proposed Renaissance Drive improvements and the extension of Prosperity Drive. The improvements will allow for the development of the first phase of this Minute Book Number 37 Board of Supervisors Regular Meeting of 031W12 s roadway, as well as a new signalized intersection at Renaissance Drive. Senior Planner Perkins went on to review the proposed proffers for this development: - Variable width right -of -way to allow for the construction of Renaissance Drive as described in the agreement. - Prohibit truck stops and adult retail. - $0.05 per square foot of structural development for fire and rescue services. She concluded by saying the land uses in this application are consistent with the goals of the Comprehensive Plan and the Planning Commission recommended approval. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised they are working with VDOT to be in a position to award the bid in mid- May. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor DeHaven advised that he would abstain from voting on this item due to a conflict of interest. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved Rezoning 402 -12 of Renaissance Commercial Center. WHEREAS, Rezoning #02 -12 of Renaissance Commercial Center, submitted by Greenway Engineering, to rezone 8.917 acres from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District, and 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers dated November 30, 2011 and revised on January 18, 2012, for commercial use, was considered. The properties are located on the west side of Valley Pike (Route I I South), approximately 'h mile south of the Route 37 interchange near Interstate 81 Exit 310 and are identified by Property Identification Numbers 75 -A -2C and 75 -A -2R in the Back Creek Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District, and 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers dated November 30, 2011 and revised on January 18, 2012, for commercial use. The conditions voluntarily proffered in writing by the applicant and the property owner is attached. Minute Book Number 37 Board of Supervisors Regular Meeting of 03!14/12 me This ordinance shall be in effect on the date of adoption. Passed this 14'' day of March, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND ARTICLE V DESIGN STANDARDS 144 -18 SIDEWALKS AND PEDESTRIAN WALKWAYS — REVISIONS TO THE SIDEWALK AND PEDESTRIAN WALKWAY REQUIREMENTS OF THE FREDERICK COUNTY SUBDIVISION ORDINANCE IN MASTER PLANNED INDUSTRIAL PARKS. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the sidewalk and pedestrian walkway requirements within master planned industrial parks. The Subdivision Ordinance currently requires these facilities to be constructed on both sides of all collector and arterial streets in any zoning district within the Urban Development Area and/or Sewer and Water Service Area. The proposed amendment would allow the Subdivision Administrator 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 opposite side of the collector roadway, and only in such cases that the sidewalk has been deemed unnecessary along said collector roadway. She went on to say the amendment also revises two other waiver opportunities to show them as Subdivision Administrator waivers instead of Planning Commission waivers. This item was discussed at the January 25, 2012 Board of Supervisors' meeting and was sent forward for public hearing with the revision to make the waivers administrative, Senior Planner Perkins concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved the ordinance amending Chapter 144, Subdivision of Land, Article V, Design Standards, 144 -18 Sidewalks and Pedestrian Walkways. Minute Book Number 37 Board of Supervisors Regular Meeting of 03 /14112 WHEREAS, an ordinance to amend Chapter 144 Subdivision of Land to revise the sidewalk and pedestrian walkway requirements within Master Planned Industrial Parks; and a revision to two existing waiver opportunities to show them as Subdivision Administrator waivers instead of Planning Commission waivers, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on March 7, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on March 14, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 144 Subdivision of Land, Article V Design Standards, 144.18 Sidewalks and Pedestrian Walkways, is amended to revise the sidewalk and pedestrian walkway requirements within Master Planned Industrial Parks, and the two existing Planning Commission waivers are amended to allow for Subdivision Administrator waivers. This amendment shall be in effect on the day of adoption. CHAPTER 144, SUBDIVISION OF LAND ARTICLE V DESIGN STANDARDS § 144.18. Sidewalks and pedestrian walkways. (Amended 9 -23 -20091 A. Sidewalks shall be installed in the right -of -way and adjacent to the boundary of the right - of -way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two foot wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts. If low impact development techniques are utilized within a project, the leg won Subdivision Administrator may allow sidewalks to be placed on only one side of a local street within any residential subdivision. 2. Along both sides of all collector and arterial streets in any zoning district within the Urban Development Area and/or the Sewer and Water Service Area. The Subdivision Administrator may waive the sidewalk requirement for one side of a collector road within a master planned industrial park when a 10' asphalt P edestrian LacgL has been or is planned to be constructed on the opposite side o the collector roadway, and only in such cases that the sidewalk has been deemed unnecessary along said collector roadway. B. The Planning Cofffinissio Subdivision Administrator may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems throughout the development and on adjoining properties. The remainder of Section 144 -18 is unchanged. Passed this 14"' day of March, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS SECTION 165 - 101.02 DEFINITIONS AND WORD USAGE • ARTICLE II SUPPLEMENTARY USE REGULATIONS PARKING BUFFERS AND REGULATIONS FOR SPECIFIC USES PART 201 SUPPLEMENTARY USE REGULATIONS SECTION 165- 201.08 PROTECTION OF ENVIRONMENTAL FEATURES — RIPARIAN BUFFERS. REVISIONS TO THE RIPARIAN BUFFER REQUIREMENTS OF THE FREDERICK COUNTY ZONING ORDINANCE. (POSTPONED FROM THE JANUARY 25, 2012 MEETING.) - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to revise the riparian buffer requirements. Revisions include: - Amendment to allow disturbance of riparian buffers for private utilities, access to a property, buffer restoration, creation of wetlands, trails, and parks with a waiver. - Revisions to the definition of "road" and "street" to remove the word "existing ". The Planning Commission recommended approval of this item. Senior Planner Perkins went on to say the Board conducted a public hearing on this item at its January 25, 2012 meeting. At that meeting, members of the board expressed concern over the potential to create illegal stream crossings on private roads. Action was deferred up to 90 days. Staff was directed to bring this amendment back to the Board for action. Senior Planner Perkins noted that one item has been modified in the amendment since the public hearing. The previous amendment contained a provision for a Planning Commission waiver, which is not permitted per the Code of Virginia, This waiver has been changed to an administrative waiver. She concluded by saying staff was seeking a decision from the Board regarding this text amendment. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the ordinance amending Chapter 165 Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usage; Article 11 Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201 Supplementary Use Regulations, 165- 201.08 Protection of Environmental Features. i Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 WHEREAS, an ordinance to amend Chapter 165, Zoning to revise the riparian buffer requirements within the Frederick County Zoning Ordinance and the provisions for disturbing and crossing them, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on January 4, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 25, 2012 and deferred action for up to 90 days; and WHEREAS, the Board of Supervisors held a public meeting on this ordinance on March 14, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165- 101.02 Definitions and Word Usage; Article II Supplementary'Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201 Supplementary Use Regulations, 165- 201.08 Protection of Environmental Features, is amended to revise the riparian buffer requirements contained within the Frederick County Zoning Ordinance. This amendment shall be in effect on the day of adoption. CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS § 165- 101.02 Definitions & word usage. RIPARIAN BUFFER - An area of trees, shrubs, or other vegetation that permits inundation by water and is at least 35 feet in width, measured outward from both sides of a natural waterway beginning along the slope of the ground from the channel scar line. A riparian buffer is managed to maintain the integrity of stream channels and reduce the effect of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals. ROAD - A street dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, egg- privately owned rights -of -way which serve as the principal means of access to more than one property. STREET - A roadway dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, e*irgprivately owned rights -of -way which serve as the principal means of access to more than one property. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, ND REGULATIONS FOR SPECIFIC USES § 165- 201.08 Protection of environmental features. B. All developments which require a rezoning, master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (3) Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only permitted in accordance with the requirements of the United States Army Corps of Engineers or other qualified state or federal agency. The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for, and only in conformance with Part 702, the following: i. Public or private utilities; Minute Book Number 37 Board of Supervisors Regular Meeting of 03/14/12 ii. Public facilities, access to a property or roads (only perpendicular_ riparian buffer crossings shall be permitted); iii. Riparian buffer restoration or enhancement projects; iv, Creation of wetlands; v. Pedestrian, recreational and/or bicycle trails; and, vi. The ZoninQAdministrator may allow for the disturbance of riparian buffers for the creation of ark areas or for stormwater mans ement purposes. Passed this 10' day of March, 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 There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN 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. (8:05 P.M.) Richard C. Shickle yfn . R1 ey, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Jay E. tibty Deputy Clerk, Board of Supervisors N:" Minute Hook Number 37 Board of Supervisors Regular Meeting of 03114112