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HomeMy WebLinkAboutAugust_08_2012_Agenda_PacketCO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 8, 2012 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: B, F, and H) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A 1. Work Session with School Board, July 25, 2012. County Officials 1. Resolution of Appreciation for Gwen T. Monroe. (See Attached) -------- - - - - -- B 2. Committee Appointments. (See Attached) -- -C 3. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- D AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 8, 2012 PAGE 2 4. Request from Frederick County Schools to Schedule Public Hearing Date for FY13 Budget Adjustments and to Participate in the Fall 2012 Virginia Public School Authority (VPSA) Bond Sale. (See Attached) --------------- - - - - -- E 5. Memorandum from County Attorney and Resolution Re: Notice of Claim of Vernon Downes. (See Attached) ------------------------------------- - - - - -- F Committee Reports 1. Joint Finance Committee. (See Attached) ------------------------------------- - - - - -- G 2. Public Safety Committee. (See Attached) -------------------------------------- - - - - -- H Public Hearing Outdoor Festival Permit Request of Concern Hotline — 13th Annual Friday Fish Fry. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; for an Outdoor Festival Permit. Festival to be Held Friday, September 7, 2012, from 4:00 P.M. to 9:00 P.M., on the Grounds of Grove's Winchester Harley Davidson, 140 Independence Drive, Winchester, Virginia. Property Owned by Jobalie, LLC. (See Attached) ------------------------------------------------------------------------- - - - - -- 2. Outdoor Festival Permit Request of Hive Ministries — Utopia EDM Revival Christian Dance Festival. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; for an Outdoor Festival Permit. Festival to be Held Friday, August 24, 2012, from 12:00 Noon, Through 12:00 Noon, Sunday, August 26, 2012, on the Grounds of The Grounds of the Cove Campground, 980 Cove Road, Gore, Virginia. Property Owned by Alexander W. K. McDowell and McDowell Family, LLC. (See Attached) ------------------------------------------------------------------------- - - - - -- J 3. Proposed Declaration as Surplus and Disposal of the Remaining Portion, Owned by the County, of the Real Property Known as the Old Stephens City School Property, Comprised of Two Parcels Totaling Approximately Two and Three Quarters (2.75) Acres, 5506 and 5516 Main Street, Stephens City, Virginia, and Identified as Parcel Identification Numbers 74A03- A -160A and 85 -A -58, and the Proposed Release of the Reversionary Clause for that Portion of the Real Property Known as AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 8, 2012 PAGE 3 the Old Stephens City School Property, owned by the Town of Stephens City, Comprised of Approximately One and Three Tenths (1.3) Acres, and Identified as Parcel Identification Number 74A03 -A- 160. The Reversionary Clause Provides that, Should the Property Cease to be Used for Public or Community Non- Commercial Purposes as are Intended for the Benefit of the Health, Safety, Welfare, Education, Recreation, Cultural Enlightenment, Literacy, or Civic Awareness of the Community, or Any Other Public Purpose Permitted by Law, the Property Shall Revert Back to the County. The Hearing is Pursuant to Virginia Code Section 15.2 -1800 and the Purpose of the Hearing is to Receive Public Comments on the Declaration of the Indicated Property Owned by the County as Surplus and Approval of the Sale of the Property to the Town of Stephens City, Virginia, and Release of the Reversionary Clause, Per the Terms of a Real Estate Sales Contract Dated June 4, 2012. (See Attached) ----------------------------------------------------- - - - - -- K Planning Commission Business Public Hearings Conditional Use Permit #10 -11 for Joseph Racey, Sr., and AT &T Mobility, for a 199 Foot Monopole Telecommunications Facility. This Property is Located at 3392 Back Mountain Road, and is Identified with Property Identification Number 59 -A -6 in the Back Creek Magisterial District. (See Attached) ------------------------------------------------------------------------- - - - - -- L 2. Ordinance Amendment — Chapter 144 Subdivision of Land, Article V Design Standards, §144.20 Sewer and Water Service — Revision to Exempt Lots Greater than 20 Acres from the Individual On -Lot Systems Requirements (Drainfields) in the RA District. (See Attached) ----------- - - - - -- M Other Planning Items 1. Discussion of Stonewall Warehousing Site Plan (Stonewall Industrial Park). (See Attached) ---------------------------------------------------------------- - - - - -- N Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 8, 2012 PAGE 4 Adjourn FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES WORK SESSION WITH FREDERICK COUNTY SCHOOL BOARD July 25, 2012 A Work Session of the Frederick County Board of Supervisors and the Frederick County School Board was held on Wednesday, July 25, 2012 at 5:30 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher; Garry A. Lofton; and Ross P. Spicer SCHOOL BOARD MEMBERS PRESENT Chairman Stuart Wolk; Peggy Clark; Dr. John Lamanna; Michael Lake; Jody Wall; and Benjamin Waterman OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Lisa Frye, Executive Director of Finance for Frederick County Public Schools; Dr. David Sovine, Superintendent of Schools; Al Orndorff, Assistant Superintendent of Administration; Peter Vernimb, Assistant Superintendent of Instruction; Steve Edwards, Coordinator of Policy and Clerk to the School Board; and Don Butler. CALL TO ORDER Chairman Shickle called the work session to order. 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 I Gary A. Lofton Aye 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 Section 2.2 -3711 A (3) to discuss acquisition of real property for projects approved on the Frederick County Public Schools' approved Capital Improvements Plan. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board came out of closed session and reconvened in open 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 Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving the acquisition of real property for projects approved on the Frederick County Public Schools' approved Capital Improvements Plan, pursuant to Virginia Code Section 2.2. -3711 A (3). The above motion was approved by the following recorded vote: 2 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 There being no Further business, the work session adjourned at 7:00 p.m. 3 BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION FOR GWEN T. MONROE WHEREAS, Gwen T. Monroe faithfully served as the Director of Social Services for County of Frederick, Virginia, for the past 34 years, from January 1, 1978 until July 31, 2012; and WHEREAS, Mrs. Monroe was an advocate in Virginia for the state's Children's Transformation initiative and became an "agent of change" under the Virginia Department of Social Services system of identifying grass roots leaders under The Agents of Change Program, which was designed to improve the way at -risk children and their families achieve success; and WHEREAS, Mrs. Monroe initiated and implemented child and family teams as a matter of practice for all children-at critical., decision points such as preventing removal from and return the• hone; and WHEREAS, during her term asschair of the Cotintnunity Policy 1- Zah4ge'tnent Team, Mrs. Monroe changed the Way farnilyes were engaged as partners to prevent placement of children outside of fie Home; ana WHEREAS, 11jrs. ,Monroe's work has _been highlighted, on many,occasions„ as, a model in'Icadersl# and'commuiiity practice. NOW „THEREFORE BE IT that the FredericIk Boardof Supervisors extends its sincerest appreciation to Gwei} T..Nlonroeland wishes ihex all of the best in her; futurc endeavors;. BE IT FURTHER RESOLVED that this resolution be spread ( across the minutes of the Frederick Couhty,_Boar of Super i.sors fo:r aIl citizens to tetJcct upon.the accomplishments 'of this public ,seat , ant. ADOPTED this 8th' day of August 20112 . Richard C. Shickle Bill M. Ewing Chairman At -Large Opequon District Gene E. Fisher Shawnee District Christopher E. Collins Red Bud District Charles S. Deflaven, Jr. Stonewall District Ross P. Spicer Gainesboro District Gary A. Lofton Back Creek District John R. Riley, Jr. Clerk MEMORANDUM TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator DATE: August 1, 2012 RE: Committee Appointments Listed below are the vacancies /appointments due through October, 2012. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES /OTHER Parks and Recreation Commission Patrick Anderson — Shawnee District Representative 102 Trent Court Winchester, VA 22602 Home: (540)722 -3676 Term Expired: 01/28/12 Four year term (Since the Board has expressed interest in seeking candidates, the above vacancy has been posted to the county's website in order to seek possible applicants. To date, no applications have been received.) Community Policy and Management Team (CPMT) Kimberly Peterson - Parent Representative 103 Keverne Court Stephens City, VA 22655 Home: (540)869 -7715 Term Expired: 06/30/12 Two year term (Ms. Peterson will be moving out of state. Chairman of the CPMT Dr. Charles Devine is hoping to have a recommendation forthcoming to the Board in the near future.) Memorandum — Board of Supervisors August 1, 2012 Page 2 ShawneeLand Sanitary District Advisory Committee Mr. Les Taylor— Chairman of Committee 106 Red Fox Trail Winchester, VA 22602 Home: (540)771 -7460 Term Expired: 10/08/12 Two year term (Mr. Taylor has advised he has resigned effective July 2, 2012. He will be moving from the ShawneeLand community and due to his workload, is unable to continue serving. The Advisory Committee is comprised of five members made up of resident property owners and serve a two year term.) SEPTEMBER 2012 Juvenile Detention Center Commission John R. Riley, Jr., County Administrator — Serves as Frederick County Alternate Term Expires: 09/27/12 Four year term Northern Shenandoah Valley Regional Commission (NSVRC) Eric R. Lawrence, Planning Director — Frederick County Representative Kris C. Tierney, Asst. County Administrator — Serves as Fred. County Alternate Terms Expire: 09/30/12 Three year term Shenandoah Area Agency on Aging Teresa L. Strohmeyer — Frederick County Representative 1263 Cedar Hill Road Clearbrook, VA 22624 Home: (540)664 -2000 Term Expires: 09/30/12 Four year term (Frederick County has two members on this board. According to agency by- laws, members may only serve two terms. Mrs. Strohmeyer has served one full term and is eligible for reappointment. The Board of Supervisors will need to nominate an individual for consideration to their board, with final appointment being made by the Area Agency on Aging.) Memorandum — Board of Supervisors August 1, 2012 Page 3 OCTOBER 2012 Regional Jail Authority Bill M. Ewing — Frederick County Board of Supervisors' Representative Term Expires: 10/13/12 Four year term J RR /tj p U: \TJ Rcom m itteeappoi ntm ents\Mem os \Boa rd Comm itteeAppts(080812Mtg).docx S 456 7BG 4�h oa Ee Z vz�.Z,6 MEMORANDUM TO: Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: July 25, 2012 RE: Commissioner of Revenue Refund Requests COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us Attached, for the Board's review, are requests to authorize the Treasurer to refund the following entities: 1. Ryder Truck Rental ($2,576.23); 2. Williams Recycling, Inc. ($2,570.48). Roderick B. Williams County Attorney Attachments 107 North Kent Street • Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM. Roderick B. Williams, County Attorney DATE: July 25, 2012 RE: Refund — Ryder Truck Rental I am in receipt of the Commissioner's request (copy attached) dated July 18, 2012 to authorize the Treasurer to refund Ryder Truck Rental the amount of $2,576.23 for the proration and an adjustment to values for personal property taxes of 2011 and 2012. Proof of purchase price and change in location has been provided by the taxpayer. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to,ta Wh r nest, as indicated in the Commissioner's memorandum. oderick B'Williams County Attorney Attachment 107 North Kent Street • Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 Borth Kent Street Winchester, VA 22601 email: emurphy@co.frederick.va.us Telephone (540) 665 -5681 Fax (540) 667 -6487 TO: ROD WILLIAMS, COUNTY ATTORNEY FREDERICK COUNTY BOARD OF SUPERVI FROM: ELLEN MURPHY, COMMISSIONER OF THE DATE: JULY 1 S, 2012 RE: REFUND TO RYDER TRUCK RENTAL Y " is I,.�.�rJ Pik Please authorize the Treasurer to refund $2,576.23 to Ryder Truck Rental. This is for proration and an adjustment to values for personal property taxes of 2011 and 2012. Proof of purchase price and change in location has been provided by the taxpayer. The Commissioner's staff has all data and the necessary information on this refund. Everything appears in order. Substantiating documents are located in the Commissioner's office and contain secure data. Total of refund is $2,576.23. Attachment Date: 7/18/12 Cash Register: COUNTY OF FREDERICK Time: 09:18:56 Casiier. R Register: OPEN Customer Name: DIMIM 1111M" DUNTIAr am Drawer: ? Soc. Sec, No,: Customer Transactions: (FS= Review) Total Transactions: Dept Ticket No. FRQ BillDate Charge Penalty Int Amount PO Balance PP2012 00458480139 001 4/26/2012 933.03- 933.03 - PP2012 00458480034 002 4/26/2012 710,17- 710.17 - PP2012 00458480140 002 4/26/2012 933.03- 933.03- �. Comment ............. Old /New Promise Date.: Total: $2576,23 - No. of Transactions: 3 Amount to Pay: F3 =Exit F4= Accept Payment F7 =Pay Bills Separately F21 =Command Line F15 =Show Penalty /Int COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: July 25, 2012 RE: Refund -- Williams Recycling, Inc. I am in receipt of the Commissioner's request (copy attached) dated July 18, 2012 to authorize the Treasurer to refund Williams Recycling, Inc. the amount of $2,570.48 for an amended equipment filing and adjustment to rate for personal property taxes for 2011 and 2012. Proof of qualifying equipment and adjustments have been provided by the taxpayer. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supey' rs will need to act on the request, as indicated in the Commissioner's memorandum. k 9-.`WillAms County Attorney Attachment 107 North Kent Street • Winchester, Virginia 22601 TO: FROM: DATE: RE: Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 email: emu rphy(W-co.frederick.va.us Telephone (540) 665 -5681 Fax (540) 667 -6487 ROD WILLIAMS, COUNTY ATTORNEY FREDERICK COUNTY BOARD OF SUPERVISORS ELLEN MURPHY, COMMISSIONER OF THE REVENUE r� JULY 18, 2012 REFUND TO WILLIAMS RECYCLING, INC. �n F Please authorize the Treasurer to refund $2,570.48 to Williams Recycling, Inc. This is for an amended equipment filing and adjustment to rate for personal property taxes for 2011 and 2012. Proof of qualifying. equipment and adjustments have been provided by the taxpayer. The Commissioner's staff has all data and the necessary information on this refund. Everything appears in order. Substantiating documents are located in the Commissioner's office and contain secure data. Total of refund is $2,570.48. Attachment m w �L 1 Or N m r4 m I W CO co 34 1 N N N N H I mcH � w s M w m d a M iS E� Y U U U U 2 W W H H I-D U' o u Z 2 I 41 } W H HI H C i U U U U 4 1 U U U U P, m 1 P] W W W M I U 1 r v} VI ar U] p z z £ £ fJ H H H H H d a a s Cd H H H H r C1 I I I I 1 I 1 I N W fY} N tn i N N I N cd N I LO q b �A4 H !d I m q' Q' I W h r- 0 d m l w io I N to I N N IF1 Q1 'rl of H I 1 V} I VY V} OF V LD ? N I IC U H I I � I I U dJ i-1 C4 F U R ] > N Q' N U7 F C]. N N 0 N N Q O u l o o u o o u r€t U m l N N 6 fV N O 14 44 \ \ 4-I F 74 m W W m O 4 W r 43 r r 41 © O 0 n N F 4- i q} Q 4 F H I H N H N O tl 0 00 H h v l O o 0 0 Y I q q tl p •.i I U+ tr .a ri J' W H 1 N N m m E r4° [ter N Lh Idl I(7 C Y o 0 0 0 q O tl O O fu U N N O q7 I e� q o 4 N L7 1 N N N N dam^ + w w w w c O 11 SI w w U N \ q7 H q, I W ❑1 t0 R] Id r H I r.G Teresa Price From.: Jay Tibbs Sent: Wednesday, July 18, 2012 4:26 PM To: Teresa Price Subject: FW: School Board requests re: VPSA and School Construction Fund Attachments: Memo to BOS re CIP debt etc.pdf; Active_3734759D_2_Frederick VPSA2012 - Notice of VP Public Hearing.DOC; Active_37347753_2_Frederick SA 2012 - BOS Resolution.DOC FYI Jay E. '12bs Deputy C ounty .A.dministrator. Count 3l, of Frederick, VA 107 N. Kent Street Winchester, VA 22601 540 -665 -6382 Fax: 540 -667 -0370 E-mail: jtibbs@co.frederick.va.us From: Lisa Frye [ mai Ito: FRYEL(Vrederick. k1 2.va. us Sent: Wednesday, July 18, 2012 3:19 PM To: Cheryl Shiffler; Jay Tibbs Cc: John Riley; David Sovine; lwilliams me uirewoods.com Subject: School Board requests re: VPSA and School Construction Fund Good afternoon Cheryl and Jay, Attached is a PDF which summarizes the School Board's actions last night. The actions involve 1) a budget adjustments) to the School Construction Fund; 2) VPSA bond sale consideration; and 3) a reimbursement resolution. Also attached are the Word does for easy transfer to the BOS resolution format and letterhead. Our goal is to meet the VPSA filing deadline for the approving resolution by the end of September, so the first choice is September 12th for the public hearing for the bond. The advertisement requirements necessitate the BOS agreeing, by no later than their Aug 8th meeting, to set the hearing. Dave will be talking with John about that part, so we'll stay tuned. It seems that it would make sense to have the budget public hearing at the same time as the bond public hearing, but will leave that in your hands for final determination of that part. Just please let me know. For now, I'll assume both will be scheduled for Sept 12th. So, please review the attached and let me know if you have any questions or concerns. Thanks, Lisa Lisa K. Frye, SFO Executive Director of Finance Frederick County Public Schools 1415 Amherst Street Winchester, VA 22601 e -mail: fryel @frededck.k12.va.us phone: 540 - 662 -3888 fax: 540 -722 -2788 °j F ,5 Executive Director of Finance DATE: J u ly 1$, 2012 TO: Cheryl Shiffler, Frederick County Finance Director FROM: Lisa K. Frye, Executive Director of Financ - �',, fryel @frederick.ki 2.va us SUBJECT: School Board Capital Projects and Related Actions for FY13 On Tuesday, July 17, 2012, the School Board approved several items related to its capital improvement plan projects. Items for consideration by the Board of Supervisors are shown below by project, followed by a request for participation in the Virginia Public School Authority (VPSA) bond sale. Ele_mentary School Additions This appropriation request will allow for implementation of full -day kindergarten in the 2014 -15 school year by adding additional classrooms at the elementary level, The schools impacted will be Bass - Hoover, Evendale, Redbud Run, and Stonewall elementary schools. • Appropriation requested: $6.1 million • Cash needed: $6.1 million • Borrowing schedule: • Reimbursement resolution.: Fall 2012 $1.0 million Spring 2013 $ 2.6 million Fall 2013 $ 2.5 million. Recommended (see attached) 4th High School This ala rtial appropriation request will allow for the design of the 4 high school to the point of, but not including, public solicitation. • Appropriation requested: • Cash needed: • Borrowing schedule: $2.5 million $2.5 million Fall 2012 $1.4 million Spring 2013 $1.1 million Rel2lacement Middle School This rp rtial appropriation request will allow for the design of the replacement school for the existing Frederick County Middle School to the point of, but not including, public solicitation. • Appropriation requested: $2.0 million • Cash needed: $2.0 million • Borrowing schedule: Fall 2012 $1.0 million Spring 2013 $1.0 million 1WHS Partial Renovation • Appropriation for this project was approved for $1.5 million in the spring of 2012 • Actual project cost will be less than budgeted by about $100,000. • Borrowing schedule: Fall 2012 $1.4 million C ounty Public Schools :;� ,..... 71 )Impact on debt schedule The current funding level for school debt service is about $14.6 million. That level will support debt obligations for FY13 and FY14. The chart below depicts the projected debt service based upon the anticipated project completion dates in the School Board Capital Improvement flan. St11001 Snnic P"40tOon" of July 2aE2 E7PPaaAaa - Debt service will exceed E2o.00 = current funding level in Eee.aoa.oaa i FY2015 by $2.35 million Sca.dro.00a l � f Eo4,aaa.Coa �••!�. � _ � � ss,aaaaoa I i ss,aoa,ano I r � i E_ Qs y r5r5r5``` >yyy IC M q r � - - @ _ _ -.p, N } IE LL LL Ii " �FllS -Ap l 314 M $14 IV Summary of Requested Actions: Budget actions; (public hearing requirement is recognized) 1. FY2013 budget adjustment to the School Construction Fund for additions to four elementary schools in the amount of $6.1 million 2. FY2013 budget adjustment to the School Construction Fund for the fourth high school in the amount of $2.5 million for the design and document preparation for the fourth high school to the point of, but not including, the bidding the project prior to construction 3. FY2013 budget adjustment the School Construction Fund for the replacement Frederick County Middle School in the amount of $2.0 million for the design and document preparation to the point of , but not including, the bidding the project prior to construction. Bond and related actions 4. Set a public hearing for, with subsequent approval to participate in the Fall 2012 VP SA bond sale in the amount of $4.8 million ($1 Am JWHS, $1.0m elementary additions, $1.4m 4th high school, $1,0m middle school) 5. Approval of the reimbursement resolution declaring the County's intention to pay the costs of the elementary school additions, then to reimburse itself from the proceeds of a future bond sale. Attachments (2) - Notice of Public Hearing and Reimbursement Resolution C: David T. Sovine, Ed.D., Superintendent John R. Riley, County Administrator Bond Counsel COUNTY OF FREDERICK, Roderick B. Williams County Attorney 540/722-8383 Fax 5401667 -0370 E -mail: rwillia@co.fi7ederick.va.us va.us MEMORANDUM TO: Board of Supervisors FROM: Roderick B. Williams County Attorney DATE: August 1, 2012 RE: Notice of Claim of Vernon Downes, dated June 12, 2012 By letter dated June 12, 2012, Vernon Downes, through counsel, submitted to the County a notice of a claim for certain personal injuries he allegedly sustained. A copy of the letter providing notice of the claim is attached for your reference. Specifically, Mr. Downes' counsel alleged that Mr. Downes was injured when he rode a bicycle into a chain erected across a pathway in the vicinity of "Mulberry Terrace Road" and "Newtown Court Road" in the Town of Stephens City. Mr. Downes' counsel alleged that the premises were owned and/or maintained by the Commonwealth, the County, or the Town of Stephens City and were apparently in some way unsafe. I have fully reviewed the letter from Mr. Downes' counsel and the procedural law applicable to it and I have investigated the ownership of the premises at issue. Mr. Downes' claim is without merit and is not well - grounded in fact or law. Mr. Downes' counsel presented the notice of claim beyond the applicable limitations period, the notice does not state the time of the alleged injury, and, further, the premises on which the circumstances alleged may have occurred is private property and is not owned by the Commonwealth, the County, or the Town of Stephens City. Accordingly, disallowance by the Board of the claim is appropriate and I have prepared a corresponding resolution for your approval. A copy of the proposed resolution is attached. 107 North Dent Street • Winchester, Virginia 22601 LAW FIRM OF MARILYN ANN SOLOMON * MARILYN ANN SOLOMON, ESQ. T HOMAS W. ASHTON, E SQ. 130 EAST CORK STREET WINCHESTF-R, VIRGINIA 22601 (540) 678 -0559 (540) 578 -0687 FAX MASLAW @NT£LOS.NET 3 12, 2012 VIA CERTIFIED IrLAIL, RETURN RECEIPT REQUESTED The Hon, Kenneth T. Cucc melli, II Attorney General of Virginia. (')ffick.- 4 tlIF. Attorney Gene 900 East Main Street Richmond, VA 23219 Director, Division of Risk Management Department of the Treasury lames Monroe Building, 3rd Floor 101 North'1 Street Rliclunond., VA 232 R oderick B. ' , Cot ty Attorney Frederick County Attorney's Office- 107 North Kept Street 3rd. Floor Winchester VA 22601 Michael K. Kehoe, Town Manager Town. of Stephens City � 0 3 3 .l ,Gcust Street - ' PO Boy 250 Stepheas Citv, VA 22655 Re: Date of Incident; Tea 'horn it may Conee :.- Virginia Tort Claims Act Notice of Claim for Vernon Downes pursuant to Code of Virginia 5 8.01 - 195.6 (1950 amended) June 17, 2011 W' ire yciii i egarding in u> ies suffered by our client, Vernon Downe , oTi j une 17, Al o , n :lV.lulberry Terrace Road near Newtown Court Road in the Town of Stephens City and jot Frederick County, Virginia. On that date, Mr. Downes was riding his bicycle near *UcENSED IN: VERGINEA, W EST VIRGINIA, D.C. & FLORIDA WWW. MAR IL- YNSOLOMONLAW.COM the intersection of Mulberry Terrace Road and Newtown Court Road.. The way ahead appeared to be free of obstruction, but as Mr. Downes was riding his bicycle, he was abruptly stopped by a chain strung across the road, and was thrown off of his bicycle. Mr. Downes later discovered from a source familiar with the area that said chain had been in place across the road for at least several months. Mr. Downes' head and face struck the pavement, as did his right hand, arm and leg. He suffered injury and damages to his head, face, neck, back and right arm and hand. Mr. Downes suffered a concussion and injuries to his face and eye which resulted in ongoing treatment for cataracts and temporary and permanent loss of vision. Mr. Downes has ongoing, potentially permanent injuries resulting from this incident, including without limitation: the development or exacerbation of carpal tunnel syndrome in his right band; development of cataracts; temporary and /or permanent reduction iia or loss of vision; debilitating headaches; and other temporary and permanent physical. and emotional njury. He has also suffered ongoing pain and humiliation. Upon information and belief, the road on which Mr. Downes was riding his bicycle was owned by the County of Frederick and /or the Town of Stephens City, Virginia. Additionally, or in the alternative, repair and /or maintenance of the road in a reasonably safe condition is the duty of the County of Frederick and /or the Town of Stephens City, Virginia. Because the County of Frederick and the Town of Stephens City are political subdivisions of the Commonwealth of Virginia, the Commonwealth. of Virginia may also be liable. Upon information and belief, the County of Frederick, the Commonwealth of Virginia, and /or the Town of Stephens City breached their duty to maintain and /or repair the road, and /or to keep the same in a reasonably safe condition. Additionally, or in the alternative, the County of Frederick, the Commonwealth of Virginia, anal /or the Town of Stephens City created an unsafe condition by stringing a chain across a public road which was difficult to see, yet which was strong enough to pose a great risk to the public, such as Mr. Downes. In any case, the County of Frederick, the Commonwealth of Virginia, and /or the Town. of Stephens City were neogent anal /or are otherwise liable to Mr. Downes. We look forward to receiving your response, and stand ready to answer any questions or concerns which may arise. Cor omas W, Ashton, Esq. BOARD I SUPERVISORZ-4 RESOLUTION REGARDING CLAIM ASSERTED BY VERNON DOWNES WHEREAS, the County has received, apparently pursuant to the provisions of Virginia Code §§ 8.01 -195.1 et seq., 15.2 -209, and/or 15.2 -1243 et seq., notice (the "Notice ") of a claim (the "Claim "), dated June 12, 2012, asserted by Vernon Downes ( "Mr. Downes "); and WHEREAS, the Claim purports to assert that Mr. Downes, on June 17, 2011, allegedly sustained injuries while riding a bicycle into a chain allegedly strung across an area located near "Mulberry Terrace Road" and "Newtown Court Road ", in the Town of Stephens City; and WHEREAS, Virginia Code § 15.2 -209 provides that every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued; and WHEREAS, the Notice alleges an injury occurred on June 17, 2011, but the Notice was not dated until June 12, 2012, and was not received by the County until subsequent to that date, and, therefore, was not filed with the County until after six months after the alleged injury occurred and any cause of action may have accrued; and WHEREAS, the Notice does not state the time the alleged injury occurred; and WHEREAS, County staff has further investigated the Claim and found that, among other things, the streets and area where Mr. Downes allegedly may have sustained injuries are private property and are neither owned nor maintained by the Commonwealth of Virginia, the County of Frederick, or the Town of Stephens City; and WHEREAS, the Claim is forever barred against the County, as being made beyond the applicable limitations period, and, further, the Notice fails to state the time of the alleged injury, and, as well, incorrectly alleges ownership and/or maintenance of the property involved by the County, and as to which the County could have been responsible, and, accordingly, the Claim is without merit and is not well- grounded in fact or law and must be disallowed. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby disallows the Claim of Mr. Downes, as asserted in the Notice dated June 12, 2012. ADOPTED this S day of August, 2012. Richard C. Shickle ROSS P. Spicer Christopher E. Collins Charles S. Deflaven, Jr. Gary A. Lofton Bill M. Ewing Gene E. Fisher John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jtibbs@co.frederick.va.us TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator DATE: June 22, 2012 RE: Joint Finance Committee Meeting The Joint Finance Committee met on Thursday, June 21, 2012 at 8:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Richard Shickle, Frederick County representative; Bill M. Ewing, Frederick County representative; and John Willingham, City of Winchester representative. Jeff Buettner, City of Winchester representative, was absent. Others present were: Milt Mclnturff, Winchester City Council, Jay E. Tibbs, Deputy County Administrator; Dale Iman, City Manager; Roderick B. Williams, County Attorney, Anthony Williams, City Attorney; Mary Blowe, Finance Director, City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Samantha Anderson, Parking Director; Karen Helm, Director of Old Town Development Board; Dick Helm, Winchester Parking Authority Chairman; Ed Chapman, Blue Ridge Association of Realtors; and Sarah Greenhalgh, The Winchester Star. Mr. Shickle called the meeting to order. ** *For Board Action * ** MEMORANDUM OF UNDERSTANDING FOR JOINT FINANCE COMMITTEE The committee reviewed the draft Memorandum of Understanding regarding the Joint Finance Committee. It was suggested a section be added to the Memorandum of Understanding regarding the election of the committee chairman. Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee recommended approval of the Memorandum of Understanding with the discussed amendment. (See attached.) A copy of the revised Memorandum of Understanding is attached. ** *For Information Only * ** ELECTION OF CHAIRMAN Richard Shickle was elected chairman of the Joint Finance Committee. DISCUSSION OF PROPOSED WASHINGTON SQUARE PARK. Mr. Ed Chapman appeared before the committee on behalf of the Blue Ridge Association of Realtors to discuss the proposed Washington Square Park. He advised that studies showed the need for green space in downtown Winchester and the Blue Ridge Association of Realtors was interested in completing the Washington Square Park that was originally proposed by Judge Robert Woltz. Mr. Chapman noted one of the pluses for this proposal was due to the property's close proximity to the walking mall but it would not interfere with the day to day business operations on the mall. He went on to say the project would be funded by the Blue Ridge Association of Realtors and the community. He concluded by saying time is of the essence and this project needs to get through the process quickly. Mr. McInturff asked if there had been any inquiries of the JJC departments regarding this proposal. Mr. Chapman noted that Sheriff Millholland expressed some reluctance, but he would continue to work with the Sheriff to get a level of comfort. Mr. Iman noted this rendering was a second take on the proposed park and the proposal would allow some parking. Mr. Chapman stated the proposed design would give the area a hard surface on which to hold events. Mr. Ewing asked for the estimated cost. Mr. Chapman responded approximately $150,000. Chairman Shickle stated he was unsure of the possible issues regarding this project and suggested that comments regarding this version be solicited from key players. Mr. Ewing agreed with the suggestion of circulating the plan and soliciting feedback from key players. Mr. Helm stated he did not believe this proposal would negatively impact the downtown. He noted the Parking Authority needed to be involved in decisions about how this lot would be managed. He went on to say the Parking Authority would have to change its charter to allow the use of this space for events. He stated if parking was to be included on the site then he would encourage the construction of a second exit on Boseawen Street. He concluded by saying if there were no meters and the parking was private then the Authority would not be involved. City Attorney Tony Williams stated he would have to review the JJC agreement to see if Winchester Parking Authority management of the lot is part of the agreement. He went on to say he would have to confirm also if the revenues collected from this lot are part of the bond revenues to pay for the parking garage. Mr. Willingham stated there remained a lot of questions to be worked out. Chairman suggested the plan be sent out for comment to the various stakeholders. Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee voted to send the proposed park plan to the various JJC department heads for feedback. (See attached.) There being no further business, the meeting was adjourned at 8:42 a.m. MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: JOINT FINANCE COMMITTEE I. PURPOSE The County of Frederick and the City of Winchester (hereinafter referred to collectively as "the parties ") are entering into this Memorandum of Understanding (MOU) to guide the formation and actions of the Joint Finance Committee. Effective upon its approval by the respective governing b,@IILFand subsequent execution by Frederick County - Chairman of the Frederick County board of Supervisors Chairman of the Frederick County Finance Committee City of Winchester - President of Common. Council Vice - President of Common Council. III.ELECTION Oil CKAIlibMAN At the first meeting of the Joint finance Committee in.May of each year, or the first meeting held thereaAer if no meeting is convened in May, the Joint Finance Committee shall elect one of its representative members identified in the Section II of this Memorandum of Understanding to serve as Chairman until the Committee's Meeting in May of the next year or until such time as a successor is elected.. There are no restriotIgns placed upon the number of consecutive terms that a member may serge as Chairman. IV. MEETINGS The Joint Finance Committee "shall meet each December at a date, time, and location mutually agreeable to the parties to review funding requests for the ensuing fiscal year submitted by each jurisdiction for joint projects. The Joint Finance Committee shall meet each May to review appropriations for the ensuing fiscal year from each jurisdiction for joint projects. Other meetings of the Joint Finance Committee may be called by the Chairman or upon agreement by the respective locality representatives. V. GENERAL CONCEPTS Budgets will be reviewed by the Joint Finance Committee. Funding recommendations by the Joint Finance Committee will be based upon agreed formulas as outlines in the respective joint project memorandum of understanding. Fiscal agents for the respective joint projects shall remain the same with no assessed fee; however, if the fiscal agent relationships change, the Joint F1 e Committee shall analyze the funding impact to the new fiscal agent for that function. Capital projects and funding shall be considered by th M ce Committee on a case by case basis. Funding recommendations shall also be e ine age or population. Each locality shall produce a CAFR which sh eviewed by the inane Committee to assess each account's and fund's status as fol - Beginning cash balance; - Revenues by source {each lc sources; and, miscellaneous 's stafdWor federal funds; other major - Expenditures - Ending cash 1 project on an V1 I Z,', a The term of this MOU shall e July' -flifougl terminated as Herein provided, this agr6ggwi force and effect from year to year unless m time as hereinafter }provided for ternninations. VII. TERMINATID'�' and capital); and receive a report of line transactions for each June 30 of each fiscal year. Unless otherwise shall automatically renew and continue in full nated by either party in such manner and at such This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. VIII. NO DELEGATION /ASSIGNMENT OF AUTHORITY OR DUTIES It is hereby acknowledged and agreed that nothing contained in this MOU shall be construed as a delegation of authority or assignment of duties otherwise incumbent upon the respective governing bodies. The Joint Finance Committee shall exist only in an advisory capacity to the respective governing bodies and shall have no authority to bind, commit, or otherwise take any executive action whatsoever on behalf of the City of Winchester or Frederick County. IX. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. IAL Given under my hand this day of Winchester, Virginia. Dale Iman, City Manager for the City of Wi 2 on behalf of the City of Given under my hand this y of Frederick, VA John R. Riley, Jr., C c 0 cz U O U) U) 1 • • t 0 L E cz i C\j cz • 0 • C\J 0 E% W 0 cr) 0 >N CZ > =3 1 r (D 0 cr) 00 C: >N 0 -1-a -1-a • 0 E cz 0 0 C cz L E cz C\j cz 0 C\J - 0 E% W 0 cr) C\j >N C: mc: 2-0 c: E 0 0 a� a� E 0 U 1 C.) 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Z37 cz CIO O O U 0 co C cz r.� ?� E E E O U ca > C C� a CZ U O N E C 3 -0 O Ct3 Co c3? CZ : 0 L i�� 2 V 1 �3 ( D 0) E cv 0 X `c� ca C U m � O CZ O O Q1 U > _ O O E .z O 0 co co ' — 0 cry co co � C 3 o cu cu C-) o -�—� C-) � - 0 v Q CZ H < J P m � C1� . Q- _ cz r Errs CD 0) co U E c: 0 0 -1-4 C: L- cz CO ' O 0 0 C) �--+ cri Q- .� = U = ca C 0 cd C;) 'i C: C. j /' O - 0 I � O / \w, E c: cd > Z C3 'C13 N Cd -0 L a 4-0 E 1 CO c) > D : Q� CZ E a) W 0! E .— CO 5.... p _ Co 0 E CD © E �} E cr Q C CO LL. 0 ca }., N [n 4-4 a) E co CD W ay x as ° 0 �, ° CL E � Lo o �s � � � N �. MINU'T'ES OF THE JOINT FINANCE E COMMITTEE MEETING CO €1NCII. CHAMBERS — ROUSS CITY HAIL IS NORTH CAMERON STREET SEPTEMBER 9, 2005 8:0 A.M. PRESENT: Board of Supervisors Chairman Richard Shickle, Supervisor Bill Ewing, Assistant County Administrator Kris Tierney, President of City Council Charles Gaynor, Councilor Jeffrey Buettner, City Manager Edwin Daley, City Finance Director Mary Blowe, and County Finance Director Cheryl Shiffler. ABSENT: County Administrator John Riley, Jr. 4. Judge Robert Woltz presented a request for committee members to make a referral to the two governing bodies to appropriate funds for landscape and architectural plans for a proposed Washington Square Park in front of the Joint Judicial Center. Mr. Daley estimated that such a plan would cost approximately $20,000. Chairman Shickle asked if there were long -range plans to eliminate the parking spaces in front of the Judicial Center. Committee mernber Gaynor advised committee members that the City of Winchester could not eliminate the parking spaces until an additional parking garage; was built. Assistant County Administrator Kris Tierney asked if there; was a commitment to use the space for a statuary park if a parking garage Was developed. Committee member Buettner said they had identified the need for a parking garage; however, they had not been able to identify the site. He said he would be. reluctant to spend money on a design until the parking garage issue was resolved. Mr. Daley suggested that they get a request for qualifications of the various engineers and architectural firms to see who was interested ill the project. He said they could then select someone and negotiate a contract with them to get a concept of the dollar amount that they were talking about. He said the process would take approximately 90 days. He said the parking spaces in front of the Joint Judicial Center could be eliminated within a two -year window if an additional parking garage was built. Judge Woltz said he would be happy to follow Mr. Daley's suggestion as it would show some favorable rnoveMent oil his request. He said he may come back later to request appropriations. Chairman Shickle said he Would have interest In a formal recordation of the Judge's vision in case it took 15 -20 years. Committee member Gaynor said her thought they should request the qualifications and then get together to diSCU33 how they could fund it. Committee members agreed that it was the general consensus of till committee that the statuary park should be built if the parking garage issue was resolved. 0 | � | % w "r � � z @., / (d 7 � � \ ; L | . O � � < .�� COUNTY of FREDERICK John R. Riley, Jr. County Administrator TO: Board of Supervisors FROM: John R. Riley, Jr., County Admin DATE: August 1, 2012 RE: Public Safety Committee Report 5401665 -5666 Fax 5401667 -0370 E -mail: jriley @ co.frederick.va.us The Public Safety Committee met on Tuesday, July 31, 2012 at 9:00 A.M., at the Public Safety Building, 1080 Coverstone Drive, Winchester, Virginia. Present were Chairman of the Committee Gary A. Lofton; Supervisor Gene E. Fisher; Supervisor Chris E. Collins; citizen committee members Charles Torpy and Ronald Wilkins; President of Fire and Rescue Association Tim Price; Perry Silva; Public Safety Director LeeAnna Pyles; Fire and Rescue Director Denny Linaburg and County Administrator John R. Riley, Jr. The committee submits the following: 1. Distribution of Revenue Collected - Revenue Recovery Program Subcommittee recommends the following distribution of revenue collected from the revenue recovery program: Total Amount Billed 2,967,555 Total Amount Collected 2,077,289 of the total amount collected; 100% mileage to companies 287,518 10% to county for Program Mgr. & Billing Co. 178,977 Remaining revenue 1,610,793 County share 805,396 Vol. companies' share 805,396 The Public Safety Committee will forward this information to the Fire and Rescue Association for their review and recommendation back to the Public Safety Committee. (See Attached) 107 North Kent Street • Winchester, Virginia 22601 Memorandum — Board of Supervisors August 1, 2012 Page 2 2. Outsourcing Emergency Medical Service Chairman Lofton shared with the committee an inquiry he had made to the Governor's office with reference to whether local governments have the option to outsource emergency medical service. After discussing same, it was concluded that staff would research localities in the commonwealth that have outsourced this service and to what extent it was successful. (See Attached) JRRltjp Attachments UATJ Pl committeereports %Pul)licSafety073112. docx d N N n N� W I� V N Vml � N q n N O M W mM 0 0 N Ol d N ID H O W t N N m 1p m Ol N H 00 � a M N Ol LO I/1 6 � Ol O Ol V � T Ol lD N Ol N d Oa Q H� N u1 N Q N O r 00 M N Q N N Oi N N a a w y }`) O b• W N ID N O Q H� I� u VF N N N w Ol Q H H N m H W IQR O m o n W O w m tN0 Om v[ni N in l0 00 m m vl Q l0 m N 1n A y !>0 L�fl n O N O Q I�f1 N W� n F m l0 N m m N Ill .d N d N N 0 0 0 Y1 0 0 0 0 0 0 0 Ill t' 00 M O to an .1 Q O] OD N N ei N N V N M t0 M tD � W W C 9 H O M N 0 w N m 00 O �➢ �' 4l N O H M 0 ID N H O l0 ul N p C — 1I1 N m M N Ill N N in F' Ia m N H M N O a6 m N N 10 M Ol Ol N Q y d� Ill t0 N N M N� N N N N O] Q N O H O N O ry Q M Q M d IY 7 d 'O m O pp t' ti t ID Ol 1�!} M N O N N N O Q. N O G F R F 0 0 0 0 0 0 0 0 0 0 0 0 — 0p t0 N N O Q N Q 10 Q a N LO W O M �T Q D�6 N Q N 0�0 O N J i/P a Q M t 10 I N .i N W N N H G Ill N Q I/1 N r-I H N It Ol Ip .i M 1� VI a O t O u 1 1 O O 0 [ 1f1 In ._ Ic rn m O m m rn m m m N m 0 ° v r I m O1 0 J H a n a m N O [I O c H M c E s N 01 t0 .-i N N o0 tp O N Ill N O N In N a N m O ul O N a0 Ill O V' M M N N G N N M N H O O O N w w O N N Q w M N Q b�0 ll1 Obi m � V1 I Q 1 O r�/l Ol J m H Lf d C O O O H O w N u1 O w w'D ry N w al n Q 1!1 N H N N Q H M tD Q M ill OQ V Ill O O IA N G In N M N . In N Q i N O u V O V d d d d 3 � d y it z - d `^ E m¢¢ z F o o o u u n a m N O [I O c H M c E s Public Safety Committee July 31, 2012 Excerpt of information from the Governor's office. 15.2 -955 of the Code of Virginia does require each locality to ensure that emergency medical services (EMS) are maintained throughout the entire locality. As a little bit of background, JLARC conducted a comprehensive assessment of EMS in 2004. As a result of this study, legislation was introduced in 2005 to clarify that Virginia localities are responsible for ensuring that rescue services are maintained on a continuous basis. Additionally, this statute requires the prior approval of the governing body for the administration of these services. There are several localities that utilize a private sector option. A couple specific examples are demonstrated in Greene County and the City of Richmond. Greene County partners with the UVA Medic V program to staff the county's rescue squad ambulances 24/7. And since 1991, the Richmond Ambulance Authority has partnered with the City to fulfill Richmond's EMS needs." Erin B. Mice Policy Analyst Secretary of Public Safety's Office /Department of Fire Programs Office of Governor Robert F. McDonnell CONCERN HOTLINE Call us. We care. mail: P.O. Box 2032 Winchester, Virginia 22604 office: 301 North Cameron Street Winchester, Virginia 22601 t: 540 1 5361630 f: 5401667.8239 e: concern@visuallink.com w: www.concernhotiine.com Member Agency United Way of the Northern Shenandoah Valley United Way of Front Royal - Warren County July 24, 2012 Roderick Williams County Attorney 107 N. Kent Street Winchester, VA, 22601 Dear Mr. Williams, 2 �Wt�f co SC At I am writing to clarify information for the Concern Hotline's 13' Annual Fish Fry. Ms. Hildreth informed me of the concerns regarding the traffic concerns. Let me provide a little more information for you, the County Administrator and the Board of Supervisors. The current plan has been in effect for the past two years that we have had the event at Grove's Harley Davidson. We have contacted VDOT to request an "event" sign that will warn travelers that an event is ahead. These signs will be placed on Rt. 50 in both directions. The entrance will have two lanes of traffic entering and 2 lanes leaving. There will be signs and volunteers to assist with getting patrons of the event in the correct lanes as they enter. One entrance lane will be for drive thru, where the cars will enter and place a "to go order" by the entrance to Grove's parking lot. They will then be asked to go up, turn around and return in the "Drive thru exit lane ", where they will receive their food and can exit. The second lane will be for those parking to enter the event. We will have experienced volunteers coordinating parking in the Grove's Harley Davidson Parking lot, field behind the Harley shop, the Honda Motorcycle shop across the street (after 6) and the field adjacent to the Honda Motorcycle Shop. In the past we have also contacted Sheriff Williamson to advise him of the traffic plan for the event and requested any suggestions. Sheriff Williamson has always been supportive of the event and several of the department's deputies have patroned the event, assisting with traffic if needed. We will also be providing transportation to and from downtown as well as safe rides home through First Class Chauffer Service and Jim Stutzman Chevrolet. We have worked very closely with the county, Ms. Barbara Grove and the Sheriff s Department in the past to ensure that the traffic pattern will be safe for those attending the event as well as create the least amount of traffic congestion as possible. IJrRM Wav of Pnoe Chmty In regards to the health permit concern, we have filed out application with the Health Department, but do not receive a valid permit until the day of the event when they inspect the site. Over our ] 3 years of conducting this event, we always passed our inspection and received our license. We will work hard to ensure that our standards remain the same and our food safe for those attending the event. I hope I have been able to clarify the concerns that were brought to our attention regarding our application for the Fish Fry Event Permit. I am available to answer any further questions that you may have. I will be attending the Board of Supervisors meeting on August 8 at 7:15 pm to clarify any other questions or concerns that may arise. Thank you for your time. e. J`P.lrft Riffewlg C. Sean Hilleary, Vice President Concern Hotline Board of Directors cc: County Administrator's Office mTs.// sccv-we.scL:.-Y-ffgtma.gov/u i94:372 SCC eFlle > Eutfty Search > Entity Detail SCC eFTle FAST. S)MPU. SECURE, SCC eFile SCC ei lle Home Page Check Name Distingu Business Entity Search Certifcate verification FAQs Contact Us Give Us Feedback 8usinam Erftitias UCC or Tax Liens Court Services Additional services Home I site Map l Abogt SCC I Contact SCC I PnVaty policy 3G�iiF d!, ;f�yE EYtrnEF Lo in I Create an Acmunt SCC eF€le Business Entity Details Hein CONCERN HOTLINE, INC. General SCC ID: 01943729 Entity Type: Corporation Jurisdictlon of Formation: VA Date of Formation /Registration: 4/16/1979 Status; Act €ve Principal Office P.O. BOX 2032. WINCHESTER VA22604 Registered Agent /Registered Office H EDMUNDS COLEMAN III 118 SOUTH BRADDOCK STREET WINCHESTER VA 22601 WINCHESTER CITY 222 Status: Active Effective Date: 5122/2009 Select an action File a reGistared agent chance File a re_tstered office address change Resign as - registered agent Fite an annual repo Pay annual registration fee Order a certificate of not# skandin Submit a PIJF for process> (What can I_submit? View eiife transaction histD Screen ID: e1000 Need additional information? contact .�SSp.yCr.. �!'2i9ic�4�' Website questions? Contact x °a_hy�� r We prnvfde external links throughout cursite. O" f� P- ^F(.g� Re�rl �� E�ni�.sisS Vie °:�Qr �� �on�oint- f,�F.c }, 6%ies�� �J lh+o!ei�.. oc Vigw Build *; 1,0.0.24056 )f 1 7/24/2012 9:50 AM fziwx VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 2901 Hermitage Road - P 0 Box 27491 - Richmond VA 23261 -7491 Licens 404448 �„j] eNu�rt & ABC BANQUET LICENSE License Type: Banquet Special Event (Per Day) 4 '; Banquet Event Dates: 09/07/2012 Banquet Name & Event Address Mary Sue Hildreth Concern Hotline Inc GROVE'S HARLEY DAVIDSON 140 INDEPENDENCE DRIVE WINCHESTER, VA 22602 Frederick County - Territory 4 30 Staunton - Region 3 (540) 332 -7800 State License Fee Paid $40.00 Instructions for Operating under a Banquet License The privileges of this license are hereby granted by the Virginia Alcoholic Beverage Control Board to the Licensee named above to operate in accordance with the terms of the 1 icense herein designated and the applicable statutes of the Commonwealth of Virginia and regulations of the Board. 1. Do not sell or give away any alcoholic beverage to any person who you know or have reason to believe is intoxicated and do not allow any alcoholic beverage to be consumed by such a person in attendance atyour banquet. Do not allow any person who you lamw or have reason to believe is intoxicated to loiter upon your licensed area. Any person who has drunk enough alcoholic beverages to affect his manner, disposition, speech, muscular movements, general appearance or behavior, as to be apparent to observation shall be deemed to be intoxicated. 2. Do not sell or give away any alcoholic beverage to any person who you know or have reason to believe is less than 21 years of age and do not allow any alcoholic beverage to be consumed by such a person in attendance at your banquet. 1 Do not allow any form of illegal gambling to take place during your banquet. 4. Do not possess any illegai gambling apparatus, machine or device upon your licensed premises. 5. Do not be intoxicated or under the influence of a self - administered drug during your banquet 6. Do not sell or give away any alcoholic beverages on your I icensed area during restricted hours. 7. Mixed Beverages under a Mixed Beverage Special Event License must be purchased from a state ABC Store. 8. Do not purchase alcoholic beverages from licensed wholesalers except on the day of the banquet. For those functions held on Saturday or Sunday, purchase may be made on Friday. Payment must be made in cash or a valid check drawn upon a bank account in the name of the licensee or in the name of the group sponsoring the banquet. Each invoice must be signed by the purchasing licensee or his duly authorized agent. 9. Licensed wholesalers may supply, at a reasonable wholesale price, paper or plastic cups upon which advertising matter regarding beer or wine may appear. 10. Alcoholic beverages to be given away may be purchased from retail establishments. 11. Do not sell, give away or allow the consumption of alcoholic beverage in any portion or your licensed area that has not been approved by the Board. (NOTE: Violation ofthis instruction could result in arrest for Drinking in Public.) Alcoholic beverages must be confined to the building, room or general area for which the license is issued. 12. Do not allow any person who is less than 18 years of age to sell, serve or dispense beer. MARY SUE HILDRETH CONCERN HOTLINE INC P O BOX 2032 WINCHESTER VA 22604 The license privilege is strictly for on premises sale and /or consumption of alcoholic beverages at the address of event. �, APPLICATION FOR OUTDOOR FESTIVAL PERMIT ' COUNTY OF FREDERICK, VIRGINIA APPLICANT INFORMATION���� Na me of Applicant: Co ncern ._ �T1i + ( l t ' , I Y1 C • Telephone Number(s): aqo' e� k - 1 0 v❑ home /.ffce ❑ cell Sp -536 VPV. ❑ home 9L office ❑ ceil Address: [ o • Boy, A `dlC�/1 S (^ D �ai I L N• C r �t -fie. 2s�1 W i e nief VA V,.0 I (Qj k FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Event Name of Festival l eE_S N Cost of Admission to Festival: 1 01 A44r, Business License Obtained: o Yes ❑ No dicte Maximum No. Estimated No. Start End Date(s) of Tickets Offerer! of Attendees Time Time For Sale Per Day Per Day Location Address - lf' Owner Name(s) GON12,. of Property �, I _ Address: (�� ►r: i A Ac-_s r ( *NOTE: Applicant may be required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival_) Promoter Name(s): r Address: ?0• 3 . 11�i,r' Uas_c_, 11 ��L�] -- — ( *NOTE: For festivals other than not - for - profit, promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with County business license requirements, in addition, prortvocters who have repeat or ongoing business' n Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Name(s): I\ ( [ LAD— 2 -� Backer Address: '� t OS Performer Name of Persons or Group(s): QreJ3 Nee! C LOCA ( 0I edfi A e#h ( * NOTE: Applicant may need to update information as performers are booked for festival event_) W FESTIVAL EVENT LOGISTICS INFORMATIONAND DOCUMENTATION 1. Attach a copy of the printed ticket or badge of admission to the festival�ontaining the date(s) and time(s) of such festival (may be marked as `sample "). 0 copy attached OR � copy to be provided as soon as available 2. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meet the requirements of aft state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). kAKl 8 f su e5 wi Il p►�ui.� b rm� 3tue: Dum�s re!n�0�x M�! t�e ! t 3. Provide a pla r providing ood, water, and to ging for the persons at the festival This p an requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). n n I i__ .I Ice' Vial -v VI� �Ge• F f�c ta-� �'IruC� � WX wi 1 vres AN 4. Provid a plan for adeq tom al facilitieor persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal 5 15 arlp ' M Z Mil s d o,n, 6. Provide a plan for adequate par ng facilities and traffic con rot in and around the festival area. (A diagram may be VA ka M I' 5 + 8. State whe {her alcoholic beverages will be served: MrYES r] N If yes, provide details on how it will be control) 1n w I s_ _ 1. . . r ■ [ h i . w (NoTE� Evidence of any applicable VA ABC permit must also be provided and 'posted at d t the festival as required. Appli nt may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission feel ta" 4R G 1t U Kok i G 6ev&aT-s bo V\aue u1 cep L s c,1 wn 3f p( Vj4ejj evice.. -b—�'yl° lU e r �. L Mere watt Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and scue compan State whether any outdoor lights or lighting will be utilized: 44 o NO If yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. LORD FAIRFAX HENUM DISTRICT APPLICATION FOR A TEWORARY EVENT FOOD PERNUT � TA "S AFPLrCATTION MUST RE SUBIrIITTED TO T H8 LOCAL H ALTH DEPA- MTMENT I0 DAYS PRJOR TO TRE NT ' PERA4IT FEE: V-0 PER PERmrr S 100 MAX PER YEAR [VALID THRU DEC 31) non pr•q fu groups r e x empr from fee (proof regRired) l?earrren 37se Date Application Received Fee submitted with application? Receipt_ submitted with application? NAME 4FEVENT Wh Cash ❑ Credit Card ❑ Check number Amount $ ❑ Yes ❑ No Receipt number REQUESTED TINM POR HEALTH LNSPI;CTION: A.M. { P.M. EVENT TIME: -, A-b P M_ Asu1 P M. NAME of CONTACTPERSDN: IyLLMIN ADDRESS_ C%7' 1 P HONE: �vo RK: � ;�—� /� cEaa.. � �9� � - Q(� �44 B9A L: _4: � 05 is� /: I V FACILITY TYPE: ❑ Building on site Q Mobile unit © Push cart li� TentlStand Q Trailer ❑ Othe All food preparation, service, display, and - storage areas rirusi have an approved overhead covering. Durableflooring recomnwndea WATER SUPPLY: © Public - ame &ilCC., GRAY WATER D ISPOSAL METHOD:- J. ICE PROVIDER SOURCE: rAI ve Private- QWell ❑Othet (7f private, a water quality test result may be regnired.) TRASH DISP0SALMM0D: TDII.ET F'ACII.= Tlm: f DESCRIBE HAND WASHING METHODS [e_a_ SOAP, RUNIa4G NEATER OP COOLER W7Tfi S DIl R 3`OVdELS. C lTCIi BAStN] Ha 24D NOTE: in SA SA NITdZER NOT AN ACCEPTABLE HAND 41ASFiEdG MErHOB_ 1 �� � DESCRIBE METHOD OF CLEANING AND SANITUINa EQUIPMENT & V i E UTENSILS (TIM BASINS) OOV [TYPE OF SANIT =.R TO BE USED] l - DESaME COOKING METHOD ARID EQUIPMENT TO BE USED. ley ' l v [MUST HAVE METAL STEM ( ✓ d TI3ERMOMETER] y � ° uy°F ' � Grl DESCRIBE HOTAND COLD HOEDING •°I � ®'' �C �J , METHODS [e.g. COOLERS, STEAM TABLE, ICE] ,. ✓ - v f 0 CUNPIMA"l s m Us to SINGLE sEg VICE 0 PRO V. DISPEA -' ING CONTAl2%r PRO TED P koft C0 Nr"IF4TAON. E V / f f / yc V l�J*�+r� / /dCI LIST ALL ITEMS BEING PREPARED OR RPIZVF'n — i7RF A QRP ATV QICYP T rP ve11101L1 ooA nx. m .r rr r FOOD AND BEVERAMS gnclude Quantiry] S0UR OF FOOD AND BEVEP AGES R TMRE FOOD IS PREPARED [No Home Prepared Food — sec FOOD PREPARATiox METHODS 100 North Buckmarsh Street [Nacre of Supplier] Gu defines for Temporary Food Hstab ishmenrs [Describe] 9 Phone: 540-743-6528 Fax: 540 -955 -4094 Fax- 54D 743 -3811 Shenandoah county- 600 Main Street, #106 ,1 LORD Woodstock, Virginia 22664 1 Phan :: 540-4 3 Fax: 540-459-8267 9 -8267 -8267 FAIR � LIEL IRICI. I . y I have read the Temporary Food Establisl=nt Guidelines, understand them, and will comply with d1eir requirements_ I understand that failure to comply may result in denial. or suspension of permi.L as per the Commonwealth of Virginia Board of Realth Food. Regidations 12 VAC 5421 I Signature Date: 7 "`� 1• Print naius �`S e-L- e z % Frederick County and MnOester Cit : 1D7 North Kent Street, Suite 201 Winchester, Virginia 22601 Phone: S40-722-3480 Fax. 540-722-3479 Warren County: 134 Peyton Street Front Royal, Virginia 22638 Phone: 540 -635 -3159 Fax: 54D- 635 -9658 Clarke County: MOM County: 100 North Buckmarsh Street 75 Court Lane Berryville, Virginia 22611 Luray, Virginia 22835 540 - 955 -1033 Phone: 540-743-6528 Fax: 540 -955 -4094 Fax- 54D 743 -3811 Shenandoah county- 600 Main Street, #106 ,1 LORD Woodstock, Virginia 22664 1 Phan :: 540-4 3 Fax: 540-459-8267 9 -8267 -8267 FAIR � LIEL IRICI. 4 FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty -four (24) hour period, such twenty -four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and /or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CERTIFICATION 1, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Signature of Applicant Date: 7-11 !A THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED CINDER THIS ORDINANCE UPON NON- COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. :r P L ,. nz I 7"J ",-* Q� N - N '_ s LLI ism L � S -t '2 -, S o lu _ IT N r d t —: . ra ail - . fff r[ = {�s -J ] am d CM LO -Z; E ° a z w Ci] w' c Agi 6 H 0 i 'Q o ILL m klo I> scz p 3 �a H o�$ ®z L Lul Iax� ?I s� Inasaid I.sn�u) .L`INO ZI6 .LI-IiJINOZ � �� O i. 3OUVIIO IdaAOO ON a a we � i s W Iax� ?I s� Inasaid I.sn�u) .L`INO ZI6 .LI-IiJINOZ � �� O i. 3OUVIIO IdaAOO ON a a we � i s APPLICATION FOR OUTDOOR FESTIVAL. PERMIT COUNTY OF FREDERICK, VIRGINIA APPLIC,A- - 1N 4flRnilATION. Name of Applicant: Reverend Jamie Wler Telephone Number(s): 740 -237 -6348 o home D off ice Xcell ❑ home ❑ office 0 cell Address: 2098 Winslow Dreive Columbus, Ohio 43207 FESTIVAL L,VEIVT ?RGANlZAT14NA� INI=tIRMATIQN:` Fes #oval Event :: Name of Festiva(: Utopia EDM Revival Chri dance festival Cost of Admission to Festival: 30 usd Business License Obtained: ❑ Yes ❑ No S iEnd =. Mimum Nn -. Estilmated No, K Da # {s) Ti Time of7ieketsaffered ofAttlndees ` For'Sa140 e r Da . Per pay August 17th 2012 12 pm tam 2000 800 August 19th 2012 12pm Location Address: The cove campground OWner Name(s): of Property Address: ( *NOTE: Applicant may be required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.) Promoter : Name(s): Hive Ministries 2098 window drive, Columbus, Ohio Address: ( *NOTE: For festivals other than not - for - profit, promoter may need to check with the Frederick County commissioner of Revenue to determine compliance with County business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA state Corporation Commission for legal authority to conduct business in Virginia.) Financial ° Name(s): Hive Ministries Sacker 2098 Winslow drive co um us, o io Address: Performer Name of Person(s) or Group(s): Reverend dj Thunder from Groove Nation Recor Germany and members of booty basics dj crew and of i ar core crew ( *NOTE: Applicant may need to update information as performers are booked for festival event.) F ST14/AL EVENT LOGISTICS INFORMA71L7N AND DOCUMENTA, TION 1. Attach a copy of the printed ticket or badge of admission to the festival, containing the date(s) and time(s) of such festival (may be marked as "sample "). ❑ copy attached OR XX)Copy to be provided as soon as available tickets purchased at gate 2. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal' for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). porta potties and bathrooms provided at campsite as required by state law 3. Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). Vendors welcome from locally sourced locations lodging ren from campsite 4. Provide a plan for adequate medical facilities for persons at the festival, This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. medical tent set up from the ministrie and local ems as needed /coordinated 5. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. fire lanes kept clear throughout the event and coordinated with local fire departmen 5. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.) parking handled by campground and by our security force per state law 7. State whether any outdoor lights or lighting will be utilized; iX)(ES ❑ NO If yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties, In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. State whether alcoholic beverages will be served: ❑ YES XXXO If yes, provide details on how it will be controlled, (N07E: Evidence of any applicable VA ABC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission fee.) FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty -four (24) hour period, such twenty -four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect,) D. The Board, its lawful agents, and /or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CERTIFICATION I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Rev. Jamie lee Wailer Signature of Applicant D - thursday july 18th 2012 THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON - COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS, ' . l COUNTY of FREDERICK Kris C. Tierney Assistant County Administrator 1738 MEMORANDUM 540/665 -5666 Fax 5401667 -0370 E -mail: TO: Board of Supervisors ktierney @co.frederick.va.us FROM: Kris C. Tierney, Assistant County AdministratoW RE: Sale of Stephens City School Property DATE: August 2, 2012 In August of 2011, the County school system declared the remainder of the Stephens City School property (containing three buildings and totaling 2.75 acres) surplus and deeded the property to the Frederick County Government. Having no viable use for the building, in March of 2012, the County advertised the property sale. A single bid was received in response to the advertisement from the Town of Stephens City, in the amount of $100,000. The result of the bid opening was presented to the Board of Supervisors; and staff was authorized to proceed with the sale. One of the conditions of the Town's purchase offer was that a reversionary clause, which was part of the 2007 conveyance of the main Stephens City School building to the Town, be eliminated. Specifically the clause states: "The Grantee, or its assigns, shall use, or permit the use af, the above described property solely for public or community non - commercial purposes as are intended for the benefit of the health, safety, welfare, education, recreation, cultural enlightenment, literacy, or civic awareness of the community, or any other public purpose permitted by law, and if the property ceases to be used for such purposes it shall revert back to the Grantor" The sale of the property is contingent on final approval of the terms and declaration of the property as surplus, by the Board of Supervisors, following an advertised public hearing. If the Board approves the terms of the sale, the deed conveying the property to the town will contain language terminating the above paragraph. (A copy of the contract is attached for your information). A resolution declaring the property surplus and approving the sale and termination of the reversionary clause is attached for the Boards' consideration. Please let me know if I can answer any questions. 107 North Kent Street • Winchester, Virginia 22601 tai BO O F SU ±`�, 1 t k�l RESOLUTION Approving Declaration as Surplus and Conveyance of Property identified as Parcel Identification Numbers 74A03- A - 160A and 85 -A -58, comprising a portion of the former Stephens City School Property, and Approving Release of the Reversionary Clause for Property identified as Parcel Identification Number 74A03 -A -160, comprising a portion of the former Stephens City School Property WHEREAS, the County of Frederick, Virginia is the owner of real property and improvements identified as Parcel Identification Numbers 74A03- A -160A and 85 -A -58 in the Town of Stephens City, Virginia, comprising a portion of the former Stephens City School property and containing a total of approximately two and three quarter (2.75) acres, and WHEREAS, the property was declared surplus by the Frederick County School Board on August 16, 2011, and gifted to Frederick County on September 15, 2011, and WHEREAS, having no viable use for the whole of the property and improvements, Frederick County advertised the sale of the property through an invitation for bids published on March 24, 2012, and again on March 31, 2012, in the Winchester Star, and WHEREAS, the Town of Stephens City submitted the high bid in response to the invitation for bids, and WHEREAS, the Town of Stephens City, as a condition of its bid, asked that the Board of Supervisors release the reversionary clause for the adjoining Old Stephens City School Property, owned by the Town of Stephens City, comprised of approximately one and three tenths (1.3) acres, and identified as Parcel Identification Number 74A03 -A -160, said reversionary clause providing that, should the Property cease to be used for public or community non - commercial purposes as are intended for the benefit of the health, safety, welfare, education, recreation, cultural enlightenment, literacy, or civic awareness of the community, or any other public purpose permitted by law, the property shall revert back to the County, the County having previously conveyed the property to the Town of Stephens City, and WHEREAS, at their August 8, 2012 meeting, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of parcels 74A03- A -160A and 85 -A -58 and on the release of the reversionary clause for parcel 74A03 -A -160. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby declares the real property and improvements identified as property identification numbers 74A- A -106A and 85 -A -58, to be surplus property and approves the sale of the property to the Town of Stephens City, per the terms of real estate sales contract dated June 4, 2012, and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors hereby authorizes the release of the reversionary clause for the adjoining Old Stephens City School Property, owned by the Town of Stephens City, comprised of approximately one and three tenths (1.3) acres, and identified as Parcel Identification Number 74A03 -A -160, per the terms of real estate sales contract dated June 4, 2012, and BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to take all actions and to execute all documents necessary to accomplish the objectives of this resolution. ADOPTED this _ day of August, 2012. VOTE: Richard C. Shickle Gary A. Lofton Ross Spicer Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Chris Collins John R. Riley, Jr. Frederick County Administrator Resolution No.: PTM/ks Ob /04/12 REAL ESTATE SALES CONTRACT THIS REAL ESTATE SALES CONTRACT, dated the -OR day of June, 2012, by and between FREDERICK COUNTY, VIRGINIA, hereinafter referred to as Seller, and the TOWN OF STEPHENS CITY, VIRGINIA, hereinafter referred to as Buyer. WITNESSETH: In consideration of the mutual covenants and other considerations hereinafter set forth, Seller agrees to sell. and Buyer agrees to buy the following described property under the following terms, covenants, and conditions: 1. DESCRIPTION A. The following described property ( "Property ") shall be conveyed to Buyer: Parcel One: That certain lot or parcel containing 2.0409 acres as described as Parcel B on a plat of Elliott Ritchie, Jr., L.S., dated May 27, 1992, which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 781 at Page 552. Tax Map No. 74A3- A -160A. Parcel Two: That lot or parcel of land containing .724 acres as described on a plat and survey of Lee A. Ebert, L.S., dated October 21, 1968, which plat is of record in the aforesaid Clerk's Office in Deed Book 354 at Page 100. Tax Map No. 85 -A -58. B. Prior to settlement Buyer shall, at -Buyer's cost, have prepared and approved by Frederick County a boundary line adjustment plat consolidating the aforesaid two parcels of land and the adjoining parcel of land of Buyer containing 1.2961 acres and identified as Tax Map No. 74A03- A -160, to create a single parcel of 4.061 acres. Said boundary line adjustment plat shall be attached to, and recorded with, the deed to Buyer for the Property. C, This is a sale in gross and not by the acre. 2. DEPOSIT Buyer has paid to Robert T. Mitchell, Jr., Esquire, with execution of this Contract by Buyer, a deposit of Two Thousand and 001100 Dollars ($2,000.00) ( "Deposit "), which Deposit shall be held by Robert T. Mitchell, Jr., Esquire in escrow and applied to the purchase price at settlement. 3. PURCHASE PRICE The purchase price of the Property shall be One Hundred Thousand Dollars ($100,000.00), payable by cashier's check or wire transfer at settlement, of which the Deposit shall be a part. 2 4. CONTINGENCIES This Contract is contingent upon final approval of this Contract and sale by the Board of Supervisors of Frederick County and the Town Council of the Town of Stephens City. 5. REPRESENTATIONS AND COVENANTS OF SELLER: A. No litigation or proceedings are pending or, to the best of Seller's knowledge, threatened, relating to Seller, the Property, or activities on the Property, which, if adversely determined, could individually or in the aggregate have an adverse effect on title to or the use and enjoyment or value of the Property or any portion thereof, or which could *in any material way interfere with the consummation of this Contract. B. Between the date hereof and the date of settlement, Seller agrees to take no action which would cause any of the above listed representations and covenants to become untrue, and agrees to take all reasonable measures necessary to prevent said representations and covenants from becoming untrue. C. Seller will not create nor permit the creation of any title exceptions on the Property, such as leases or easements, without Buyer's prior written approval. No liens or encumbrances shall be placed on the Property by Seller prior to settlement except those liens or encumbrances that can be removed with the payment of a sum certain amount of money at settlement. C 6. STUDY PERIOD Until seventy -five (75) days following full execution of this Contract, Buyer, at its sole cost and expense, shall have access to the property for the purpose of viewing, inspecting, and performing tests and studies on the property ( "Study Period "). If Buyer finds the property. to be unsatisfactory for Buyer's purposes, in Buyer's sole discretion, Buyer may elect to terminate this Contract by providing Seller with written notice of termination of this Contract; provided, however, Buyer may not make such election after 5.00 p.m. on the seventy-fifth (75th) day after full execution of this Contract. In the event Buyer elects to terminate this Contract pursuant to this paragraph, (ii) the Deposit shall forthwith be paid to Buyer, (ii) Buyer shall provide to Seller, at no cost to Seller, copies of all reports of tests, examinations, and studies obtained by Buyer on the property, and (iii) this Contract shall be deemed null and void and Seiler and Buyer shall have no further rights or obligations one to the other hereunder. 7. SETTLEMENT A. Settlement shall be at the offices of Hall, Monahan, Engle, Mahan & Mitchell, 9 East Boscawen Street, Winchester, Virginia, or such other location mutually agreed upon, within ninety (90) days' of full execution of this Contract, or fourteen (14) days of satisfaction of the contingencies in paragraph 4, whichever is later. C! B. Seller shall not be required to bring any action or proceeding or otherwise incur any expense to render marketable the title to the Property, and if Seller shall be unable or unwilling to remedy any valid objections to the marketability of the title of Seller, not waived by Buyer in writing, the sole obligation of Seller shall be to refund the Deposit. Upon the making of such refund, this Contract shall be terminated, and no party shall have any claim against the other by reason of this Contract. C. At settlement the Seller will deliver to Buyer a good and. sufficient special warranty deed, conveying good and marketable fee simple title to the Property, free and clear from all liens and encumbrances, but subject to the ordinary and usual utilities easements and rights of way and duly recorded restrictive covenants, and containing provisions for the consolidation of lots in accordance with paragraph I .B. of this Contract. I D. At settlement the Seller will deliver to Buyer a document, in recordable form, terminating the reversion clause contained in the Deed from Seller to Buyer dated October 10, 2007 and recorded in the Frederick County land records as Instrument No. 070016213 on adjoining property of Buyer identified as Tax Map Parcel 74A03 -A -160. 8. CLOSING COSTS Seller will pay for the costs of preparing the deed, the Seller's transfer tax for recording said deed, and any Seller's 5 attorney's fees. Buyer shall pay all other closing costs in connection with the sale of the Property. 9. RISK OF LOSS AND POSSESSION The risk of loss shall be with Seller until the settlement date, and possession of the Property will be given to Buyer on the settlement date. 10. REAL ESTATE COMMISSION The Seller and Buyer acknowledge that no real estate agent was involved in this sale and each agrees to hold the other party harmless from any claim for a commission by reason of any action on their part. 11. ENTIRE AGREEMENT This Contract constitutes the entire agreement among the parties and may not be amended except by written instrument executed by all of the parties. 12. CONSTRUCTION OF THE CONTRACT; This Contract shall be construed and interpreted according to the laws of the Commonwealth of Virginia. 13. PARTIES BOUND This Contract shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. 14, DEFAULT Default shall be defined as either party's failure or refusal to comply fully with the terms of this Contract ( "Default "). In the 0 event of a Default by either party hereunder not cured by the defaulting party within fifteen (15) days after written notice thereof to the defaulting party by the non - defaulting party, the non - defaulting party shall have the right to terminate this Contract and shall be further entitled to pursue all remedies available at law and in equity including, without limitation, the right to seek damages and the recovery of all costs, expenses, and payments incurred or paid hereunder, or in connection with this Contract, as well as the right to seek specific performance of the defaulting party's obligation hereunder. 15. MECHANICS' LIEN NOTICE Virginia law ( §43 -1 et seq. Code of Virginia) permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file. a lien against the Property. This lien may be filed at any time after the work is commenced or the material is furnished, but not later than the earlier of (i) ninety (90) days from the last day of month in which the lienor last performed work or furnished materials or (ii) ninety (90) days from the time the construction, removal, repair or improvement is terminated. AN' EFFECTIVE LIEN FOR WORD PERFORMED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED. (This notice is provided pursuant to § 11 -2.4, Code of Virginia.) 7 16. COMPUTATION OF TIME If the time period or date by which any right, option, or election provided under this Contract must be exercised, or by which any act required hereunder must be performed, or by which settlement must be held, expires or occurs on a Saturday, Sunday, or legal, bank, or Circuit Court Clerk's Office holiday, then such time period or date shall be automatically extended through the close of business on the next regularly scheduled business day. 17. NOTICES: All notices, demands, or other conlmunications that may be necessary or proper hereunder shall be deemed duly given if personally delivered, sent via certified mail, return receipt requested, or sent overnight courier service, such as Federal Express,. UPS, or Airborne,, addressed respectively as follows: If to Seller: County of Frederick ATTN: Kris C. Tierney, Assistant County Administrator 107 N. Kent Street Winchester, VA 22601 With a copy to: Robert T. Mitchell, Jr., Esquire 9 East Boscawen Street Winchester, VA 22601 If to Buyer: Town of Stephens City, Virginia Attn: F. O. Box 250 Stephens City, VA 22655 WITNESS the following signatures and seals: 9 D T FREDERICK 0 Seller By: 0 John R. e , Jr , VIRGINIA, Administrator TOWN OF STEPHENS CITY, VIRGINIA, Buyer 7/44-2- D T 11 1 (name) , I C - ) 6 CONDITIONAL USE PERMIT #10 -11 CO��� JOSEPH RACEY, SR. AND AT &T MOBILITY a Staff Report for the Board of Supervisors w A � Prepared: July 27, 2012 ;J3B Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/18/12 Recommended Approval Board of Supervisors: 08/08/12 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. The Planning Commission, at its July 18, 2012 meeting, recommended approval to the Board of Supervisors with the condition that screening will be provided and maintained around the base of the tower and the fenced equipment compound and with the understanding that the Winchester Reizional Airport will make the final decision reizardina huhtina for the ton of the monopole. The Planning Commission would suggest the following additional conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 Conditional Use Permit 910 -11 Joseph Racey, Sr., and AT &T Mobility July 27, 2012 LOCATION This property is located at 3392 Back Mountain Road. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 59 -A -6 PROPERTY ZONING & PRESENT USE Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE This application is for a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. REVIEW EVALUATIONS Virginia Department of Transportation: Please see attached letter dated July 1, 2011 from the Department of Transportation. Fire and Rescue: Requiring a key box to be installed for access. Plans approved. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2009. The structure is required to comply with Chap. 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. Fencing greater than 6' in height requires a building permit. The new 195' tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See 3108.2, Location and Access.) Special instructions per Chap. 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Equipment shelters require a building permit. Snow bridging requires a building permit. Antennas require a building permit. Page 3 Conditional Use Permit 910 -11 Joseph Racey, Sr., and AT &T Mobility July 27, 2012 Frederick County Sanitation Authority: The Sanitation Authority does not serve this area. Winchester- Frederick County Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields or wells are affected. Winchester Regional Airport: In accordance with the Code of Virginia, Section 15.2 -2294, and the Federal Aviation Administration Notice of Proposed Construction, FAA Form 7460 -1 applicant is required to be filed with the Federal Aviation Administration with a copy forwarded to this office for review and comment. Upon completion of the aeronautical study by the FAA, a copy must be forwarded to this office for final review comment. Any temporary construction equipment exceeding the overall height of the proposed structure including all appurtenances will require filing of a separate 7460 -1 form with the FAA before construction begins and requires a separate review by the Airport Authority. The form can be found online at the FAA's website http: / /forms.faa.gov / . Towers over 200 feet AGL are required by FAA to be lighted and, depending on the proximity of a tower to an airport, towers of less height are required to be lit. For towers between 150 and 199 feet AGL, the Winchester Regional Airport requests all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460 -1K, Change 2. Final comment on behalf of the Airport Authority will be withheld pending a review by this office of the Determination Study completed by the Federal Aviation Administration. Historic Resources Advisory Board: Please see the attached letter dated November 22, 2011 from the HRAB. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick CountX ( "Comprehensive Plan ") provides guidance when considering any land use action. This proposed 199 foot monopole -type commercial telecommunication facility is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. The applicant has applied for a Conditional Use Permit for a 199 foot monopole -type commercial telecommunications facility on a 75 +/ -acre property, with the nearest dwelling(s) being approximately 800 feet from this facility. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic values. The Frederick County Historic Resources Advisory Board (HRAB) via the Frederick County Rural Landmarks Survey Report, has identified three potentially significant structures within the immediate area of the subject site; one structure is Page 4 Conditional Use Permit 910 -11 Joseph Racey, Sr., and AT &T Mobility July 27, 2012 located on -site. (See HRAB comments.) Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible co- location structures. The applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible co- location opportunity structures exist in this area. This proposed commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 07/18/12 PLANNING COMMISSION MEETING This is a request to seek approval for the construction of a 199 foot Monopole Telecommunications Facility with a 3,200 square foot equipment compound with an 11 foot 5 inch by 20 foot equipment shelter. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE JULY 18, 2012 MEETING The representative for this application, zoning attorney Tracey Anderson with Donohue & Stearns, PLC, stated there will be room within the equipment compound and on the monopole for three additional carriers. She also confirmed that no existing facilities or tall structures were available or appropriate for AT &T's needs. Ms. Anderson stated the objective of this site is to provide enhanced coverage by enabling better handoff between existing AT &T sites and it will diminish dropped calls. Ms. Anderson spoke about the recent increase in data traffic as opposed Page 5 Conditional Use Permit 910 -11 Joseph Racey, Sr., and AT &T Mobility July 27, 2012 to voice traffic and the need for either more powerful antennas or an increase in the number of towers. A comment from the HRAB was noted regarding a tree preservation area at the bottom of the tower and around the compound. A Commission member recognized the site is located within the woods; however, if the applicant removed existing trees, he felt the screening would have to be replaced. A discussion took place regarding lighting on the top of the tower. Ms. Anderson noted the decision on whether the tower should be lighted is typically made by the regional airport and the Board of Supervisors and is based on consideration of the flight path in the area. She said the applicant will comply with the localities' decision on lighting. A Commissioner remarked that if the tower is to be lighted, he would prefer to see a light shield placed to mitigate the visual impact from the ground. Staff responded that a site plan will need to be submitted and screening and tower lighting should be identified at that time. Staff noted that all agency comments must be complied with. In addition, the lighting of towers is regulated within the zoning ordinance and lighting cannot be reflected on adjoining properties. There were no citizen remarks during the public comment portion of the public hearing. The Planning Commission recommended approval of the CUP with the condition that screening will be provided and maintained around the base of the tower and the fenced equipment compound; and with the understanding that the Winchester Regional Airport will make the final decision regarding lighting for the top of the monopole. The following additional conditions will apply to the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. (Note: Commissioners Thomas, Lemieux, and Manuel were absent from the meeting.) v, aA -V Mew :A Oj Proposes Tower Looaflon (appr)o 59 A.1 9 Applicatior 13 FUM&LS df Building I'Datprints 81 (Business, NeightlDrtmvd District] B2 (Business, General Distrirtj �A 19A m leus iness, Industrial Transition Districtj 7 EM fExtmotive M an ulfactu ri n g D istriotj HE (H ig her Ed Licati District} M1 I I nd u strial, Lig ht Di strictf S9 L 1 9 R , MZ I I nd u strLal, Ge neral District MH1 tMcbile Hume Community Distriv4 MS fMed ir-La I Support District} OM 10ffk* - Alamufactwhng Park[ R4 (Residential Planned Community District[ 40P R5 (Residential Recreational CDmrn unity Districtl RA [Rural A rea D strict j RP fResibential Performance DstriDtj TOPO Reeck-noic cov �Mv Depi of CUP 4 1 G- 11 Nanrllirg & ce enl 107 N renl 81 Joseph Racer and GATT PIN: 59 - A - 6 VVn_-nL-.Ver, VA M SQ -=7585 - 5651 NADropo-a T m.%er-. MOP CFeM:RC: CIL-C 1. 201 1 19911commi-jr.10abar. Facildy =ff: 11 225 450 900 Feet HE {H ig her Ed ucatim D ritriDt) 0111 nd u5trial, Lig ht Di 5treIi IV [I rNd u strial, Ge rier-al District} 401� MHl (Mobile Home CDmmunky Districtl 110 MS (Medica SU PpDrt Dis trictl d9 aM (Gffk* - MarNifactwing Park) 4&r-- R4 I Resi de rti al Planned C cim m urity Di 5trictl 110 R5 f de ntial Recreati Dna I CDmm un ity Di strict[ _ RA (Rural A rea Di strict RP (Residential Performance District] NDV: Reeder - cic Cov �.ly Depl of c u P # 10 - 11 Nanrilirg & Cew-Opmenl N Sl Joseph Rac ey and ATT 107 l PIN: 59 - A - 6 540 - 665 - 5651 Mor-apoke T-. r."43 PC FEU CLc 1. 2 ' 1 1 N Cosernr r, Fa ice_ ru ff: 1,-- -1 -, 0 =5 45D SDO Feet i i i i -i V to P 13 Parcels df BLrddhg FDutprirttr. B1 [Business, NeighbDrhmid D5trbQ C. B2 fBLtsineF,5, General District} 44b E13 IBLtsinerr., kridu5trial Trartrikion District) EM [Extractive ManufaeuriRg Districtj HE {H ig her Ed ucatim D ritriDt) 0111 nd u5trial, Lig ht Di 5treIi IV [I rNd u strial, Ge rier-al District} 401� MHl (Mobile Home CDmmunky Districtl 110 MS (Medica SU PpDrt Dis trictl d9 aM (Gffk* - MarNifactwing Park) 4&r-- R4 I Resi de rti al Planned C cim m urity Di 5trictl 110 R5 f de ntial Recreati Dna I CDmm un ity Di strict[ _ RA (Rural A rea Di strict RP (Residential Performance District] NDV: Reeder - cic Cov �.ly Depl of c u P # 10 - 11 Nanrilirg & Cew-Opmenl N Sl Joseph Rac ey and ATT 107 l PIN: 59 - A - 6 540 - 665 - 5651 Mor-apoke T-. r."43 PC FEU CLc 1. 2 ' 1 1 N Cosernr r, Fa ice_ ru ff: 1,-- -1 -, 0 =5 45D SDO Feet i i i i -i FCC Licensed Communication Structures in Frederick County. Virginia Towers &Antennas (2005) r -- ` • Recent FCC Towers Antenna Structure Register (ASR 2005) ASR 3mile Buffers (2005) a� 0 1.75 15 7 Miles 7. Any grading along the embankment that is needed to obtain the sight distance needs to be shown on the plan. 8. The right-of-way along Route 600 needs to be shown on the plan, and ensure that where., the driveway runs parallel it is outside of the right -of-way. We also recommend shifting the road so it is not parallel to Route' 600 because -it could provide confusion to the divers on Route 600. 9.. Show all existing entrances on Route 600. 10. Label and dimension the edge of pavement,. shoulder, centerline; and right -of -way line on Route 600. Please provide a comment response. letter indicating how the above referenced comments have been addressed. The comment response should be as specific as possible, and include the page number where the information can be found. All corrections to the plan should be highlighted. if you have any questions, please give me a call at 540- 535 - 1828.. _ Sincerel , Kim Yeatman . Land Development - Permit Specialist 2275 Northwestern Pike COUNTY of FREDERICK 1)epar•tment of 1 1 1anning and 1)evelo ntent. 540/065-5651 FAX- 5 X1016 6- -6 395 November 22, 2011 Tracy L. Anderson Donohue & Stearns, PLC 801 North Fairfax Street, Suite 209 Alexandria, Virginia 22314 RE: Application Requesting a Conditional Use Permit Application for a 199 foot Monopole Telecommunications Facility — AT&T - 3392 Back Mountain Road Property identification !Number (PIN): 59 -A -6 Current Zoning District: RA (Rural Area) Dear Ms. Anderson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced conditional use permit application at their meetings on October 18, 2011 and November 15, 2011. The HRAB reviewed information associated with the Frederick County Rural Landmarks Surve Re ort, and information provided by AT &T (photographs of the historic properties, monopole simulations, site plan, NEPA Report). The proposal seeks to construct a 199 foot monopole commercial teleco Road an t o erC with accessory equipment building on a property located at 339 2 Back Magisterial District. listoric Resources Advisor 1 Board Concerns The Stud of Civil War 5tes in the Shenandoah Valley, published by the National battlefield. Service, oe al identify the proposed tower site or the surrounding areas as being part a Landmarks Surve Re ort for Frederick County Virginia identifies three potentially significant structures within the immediate area of the subject site; one structure is located on site. The sites that are listed in the survey are: ® House, Route 600 ( #34 -193) — Located on site, Potentially Significant 0 Taylor Furnace Farm — ( #34 -734) _ potentially Significant ® Saint John's Lutheran Church ( #34 -360) — potentially Significant After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board (HRAB) recommended that the Planning Commission and the Board of Supervisors approve the proposed conditional use permit application with the following conditions: ® The HRAB stated that a tree preservation area should be identified on the site plan to help screen the proposed tower and compound. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601 -5000 Ms. Tracy l." Anderson Re: Conditional Use Permit Application for AT &T November 22, 2011 Page 2 The HRAB suggested that the applicant contribute to the Frederick County Historic Property Designation Program (Plaque Program), This is a voluntary program that allows Frederick County to award numbered plaques to formally acknowledge structures that have an architectural and historical significance. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AiCP Senior Planner CEP /bad cc: Rhoda Kriz, HRAB Chair Submrtta�- Deadkine APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1, Applicant (check one): Property Owner Q._.._.... Other NAME: AT &T Mobility ADDRESS: clo Tracy Anderson, Donohue & Stearns, PLC, 801 N. Fairfax St., Alexandria, VA 22314 TELEPHONE: (703) 549 -1123, Ext. 104 2. Please list all owners, occupants, or parties in interest of the property: Joseph H. Racey, Sr. 3. The property is located at: (please give exact directions and include the route number of your road or street) 3392 Back Mountain Road. Winchester. VA 22602 4. The property has a road frontage of 3,31 feet and a depth of 876 feet and Consists of 75.73 acres. (Please be exact) S. The property is owned by Joseph H. Racey, Sr. as evidenced by deed frorn Frances Gail Clifton (previous owner) recorded in deed book no. 900 on page 900 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number (P.I.N.) 59 -A -6 Magisterial District Back Creek Current Zoning In 5 7. Adjoining Property: USE ZONING North Residential RA East Residential RA South Residentia RA Nest Resident RA S. The type of use proposed is (consult with the Planning Dept. before completing): An unmanned telecommunications fac c onsisting of twelve (12) sector antennas mounted on a proposed 199' monopole (including a A' lightning rod) with a 50'x 50' equipment compound to be located at the base o the monopole. 9. It is proposed that the following buildings will be constructed: The only structures proposed to be e on the property are the above - described 199' monopole with antennas, a 3,200 sf equipment compound with surrounding chainlink fence, a 11'5" x 20' equ shelter on a concrete pad, and an ice bridge connecting the shelter to the proposed monopole. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These neonle will be notified by mail of this application: Dame and Property Identification Dumber Address Name Dorothy Stant 127 Geronimo Trail Winchester, VA 22602 Property #59-A -6A Name Pressley Pullen, Jr. 3545 Back Mountain Road Winchester, VA 22602 Property # 59 -A -613 & 59 -A -6C Name Duncan & Joan Pollitt 3401 Back Mountain Road Winchester, VA 22602 Property # 59-A-6 E Nam Carl H ales 241 Providence Lane Bluemont, VA 20135 Property # 59 -A -28G Name St. Johns Lutheran Church clo Thos. Rosenberger, 2070 Back Mtn. Rd. Winchester, VA 22602 Property # 59 -A -5 Name Larry Pangle 40909 Forest Glen Drive Leesburg, VA 20175 Property #59 -A -28F NameCrossing Path, LLC 255 Crossing Paths Lane Winchester, VA 22602 Property # 59 -A -28E H Name and Property Identification Number Address Name David Brown 3240 Back Mountain Road Winchester, VA 22602 Property # 59 -3 -16 Name Mt Falls Hunt Club, Inc. c/o Gary Lantz, 3009 Saratoga Drive Winchester, VA 22601 Property #59 -A -1 Name Stephen Rosenberger, Trustee 301 Millwood Avenue Winchester, VA 22601 Property # 59 -A -3 Name Hugh Pitcock 3612 Back Mountain Road Winchester, VA 22602 Property # 59 -A -4 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property 9 cn a s 1p I c l C.D _j x I g� LIJ if a g j1h 00 , A 11, 1, C) lwM 5 _0 Mg CZP C14 rT. gg Em "k JR nZI i W, ag, t MrZ K HUN LLI . . . . . . . . . . 000 0 C, 1=1 di K NO Co ESE (if m 1 z ;Z z CL 2 i3 � �� �E (/� U) 01 CL � 'S, 56%10-41 W070MO 61 -bZ-90 - - - - - -- �--- - - - - -- t ' d to I b IL 55 ! 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Additional comments, if any; I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional. Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 3392 Back Mountain Rod, Winchester, VA 22602 Owners' Telephone No. (540) 877-3149 LANDOWNER AFFIDAVIT As per 165- 204.19(B)(7) of the Fiederick Count' Zoning Ordinance, the undersigned, Mx. Joseph H. Racey, Sr., owner of Parcel 59-A -6 located at 3 Bach Mountain Road. in Winchester, Virginia 22602, hereby acknowledges that they may be held responsible for the removal of the commercial telecommunications facility proposed on this site. Mr. Jo k ph H. Racey, Sr., Owner In e om nonwe State Caltl of 0 t � tY t dJ t � . in the C i /Coin ty of l . - � � �t' - g �.�.. ' _ 1 - ( Sr. state that the above information is accurate,and � ose ;; h H,. Racey ace y trine. 1, J 1 R Notary Public of the County and State aforesaid,: hereby certify that Mr. Joseph H. Racey, personally known to me to be the affiant in the fora affidavit, personally appeared before me this day and having been by me duly swop .a c e and says that the facts set forth in the above affidavit are truer d correct „ ' -�N TIC- "lY g. -0. , CO �MfS�1ON p:. .. a Witness my hand and official seal, this the _� day o , 2011. � � NUM z . 2 o 1 6568 ,. O O ff , of A990A6 @g8® �4b Notary Public - My Commission expires: avf S pecial Limited Power of Attorney County of Frederick, Virginia Frederick Planning ' ebsite¢ .eca.fre erie .Ys. s Department of Planning & Development, County of Frederick, Vhagiaa>a 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 565 -6395 Know All Men By These Presents: That I (We) Joseph N. Ft aoay, SF. (Phone) () 877 -alas (Address) =2 Back WuntW Road, W i n chest er. VA 2 26M the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, 'Virginia, by Instrumcnt No. aw on Page son , and is described as Parcel: Lot: 6 Block, A Section: 59 Subdivision: do hereby make, constitute and appoint. (Name) Dwohue & Staams, PLC (phone) (703)54 R-1123 (Address) DOi N. kfftx St. s ni ts 209, Alex Vlrgprda 2281 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for nay (our) above described Property, including: _=Rezoning (including proffers) y � Co>nditional Use permit Q Master Development Plata (Preliminary and Final) L=... Su l .. Site Plant _=Variance or Appeal My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: No exceptions. This authorization shall expire one year from the day it is signed, or until't is otherwise rescinded or modified, In witness therSgf, I (we) have hereto set my hand and seal this -_ day of Signature( State of Virginia, City /County of � ��� �� - -, To-wit. a Notary Public in and for the jurisdiction aforesaid, certify tha he person(s) who signed to the foregoing instrument personally appeared before me and has acknowle9 ft d the same before me in the jurisdiction aforesaid this . ,.,,,, 7 day of , 20 i! . z• My Commission Expires: (2jV?,Z — ; Y, 49-41 3 Notary Public Roberta Beare Hardy hicry.Publ€c Reg, 0 7271490 Rey Commiss Exores ��� STATEMENT OF JUSTIFICATION [To supplement Item No. 12 (additional comments) on the Conditional Use Permit ( "CUP ") Application] The Applicant, New Cingular Wireless PCS, LLC dba AT &T Mobility ( "AT &T "), is licensed by the Federal Communications Commission ( "FCC ") to provide state- of -the- art wireless communications services within. Frederick County, Virginia. Applicant seeks a CUP pursuant to § §165- 103.01 -165- 1.03.08 of the Frederick County Zoning Ordinance ( "Zoning Ordinance ") for a wireless communication facility ( "WCF ") to be comprised of twelve (12) antennas mounted at a centerline height of one hundred and ninety feet (190') above ground level ( "AGL ") on a new one hundred and ninety -five foot ( "195 "')monopole (199', including 4 ' lightning rod). The facility is proposed to be located on Tax Map Parcel No. 59 -A -6, 3392 Sack Mountain Road, Winchester, Virginia 22602. The proposal will also include the installation of a ll'- 5'x20' ancillary equipment shelter and required utility connections near the base of the monopole. The entire 40'x 80' compound will be surrounded by a eight -foot high (8') chain linked fence with appropriate landscaping. Access to the facility will be from Back Mountain Road along a proposed 20' wide drive. COMPLIANCE WITH ZONING ORDINANCE The subject parcel is located within the Rural Areas ("RA ") District. Section 165 - 204.19 of the Zoning Ordinance deals with the siting of telecommunications facilities and their consideration for installation in RA districts through the conditional use permit/public hearing process. AT &T's CUP application is in compliance with the requirements for submission noted in §165- 204.19(A)(1) -(4) and the standards set forth in §165 - 204.19(B)(1) -(7). Site plans of the proposal have been included pursuant to §165- 103.06 of the Zoning Ordinance. The minimum lot area in the RA district is two (2) acres per §165- 401.05 of the Zoning Ordinance. The parcel on which the proposed wireless communications facility ( "WCF ") would be sited ( "subject parcel ") is 75.73 acres, and because the WCF will be Real Estate Consultants . Development • Brokerage v Wireless Services NEW YORK OFFICE 184 EDIE ROAD SARATOGA SPRINGS, NY 12866 FAX (518) 584 -9967 MARYLAND OFFICE 7050 OAKLAND MILLS RD., STE 130 COLUMBIA, MD 21046 FAX (443) 864 -5773 located in a leased area, the lot size of the subject parcel is not proposed to change with this project. Therefore, lot size remains satisfied. The only state road adjacent to the subject parcel is Back Mountain Road. Section 165 - 401.07(A)(1) requires a setback of at least sixty feet (60') from the edge of the right -of- way of a secondary road. Proposed improvements will be located approximately five hundred sixty one feet (561') from Back Mountain Road. Parcels in the RA district must have side and rear yards of at least fifty feet (50') (if adjoining parcel is six (6) acres or less) or one hundred feet (1.00') (if adjoining parcel is more than six (6) acres). In this case, the improvements will comply because they will be located 315' and 217' from the side and rear property lines respectfully. Section 165- 401.08(A)(1)(c) mandates that lots fronting on existing state roads have a setback of two hundred and fifty feet (250') at the front setback line. Here, there is a setback of approximately 561'. AT &T will comply with all applicable federal regulations regarding interference and electro- magnetic radiation. The objective of this site is to provide enhanced coverage along Back Mountain Rd -SR- 600, SR -608 Wardensville Grade, SR -622 Cedar Creek Grade, SR -628 Middle Road, Mount Williams, and surrounding communities. The site will provide good overlapping coverage with existing sites in Winchester, VA. Please see the attached propagation maps showing anticipated coverage from the proposed facility. In cases where visibility is a concern, a monopole design is typically used instead of a lattice or guyed tower. In this case, the use of a monopole will lessen the visual impact. The Winchester. Regional Airport is requesting that the top of the monopole be marked or lighted. If the Board requires the tower to be lit as a condition of approval, then. AT&T is proposing the installation of a lighting shield which will minimize the visual impact of the lights to the surrounding area. An overall pole height of 195' AGL is necessary for radio frequency ( "RF ") propagation to sufficiently address the need in this area. The predicted coverage assumes a 12- antenna array mounted at 195' AGL. Flush- mounted antennas are not appropriate in this case because this site is designed to provide coverage to an area not currently served Real Estate Consultants a Development ® Brokerage a Wireless Services E- U .:V7%T>6 1 n,`, -'r JWI�1` NEW YORK OFFICE 184 EDIE ROAD SARATOGA SPRINGS, NY 12866 FAX (518) 584 -9967 MARYLAND OFFICE 7050 OAKLAND MILLS RD., STE 130 COLUMBIA, MD 21046 FAX (443) 864 -5773 by AT &T and because the use of flush - mounted antennas would require four (4) centerline heights (with three (3) antennas each) in order to achieve the 12- antenna design that the RF engineer has called for. The use of four (4) flush- mounted arrays at different heights would result in compromised coverage because antennas mounted at lower heights would not propagate as far. Additionally, deploying four (4) flush - mounted arrays for one carrier would unnecessarily eliminate the availability of two (2) rad centers for future collocators and make the remaining available heights less attractive. This would have the effect of discouraging collocation and would run contrary to the intent of both the Zoning Ordinance and the Comprehensive Plan. The proposed monopole will be designed to accommodate a total of three (3) additional carriers in order to minimize the construction of additional telecommunications .facilities in the future. AT &T shall reasonably cooperate with all other carriers in order to accommodate use on the proposed monopole. Grading will be limited to the area necessary to construct the WCF and its access road connecting to Back Mountain Road. No painting or staining is proposed, other than that which may be required to meet the suggestion of the Winchester Regional Airport. When searching for possible sites to satisfy their RF objectives in a particular search area, AT &T first looks for existing structures which might be able to accommodate their antennas and equipment without the need for building a new support structure. In this case, there are no existing structures of sufficient height to provide sufficient coverage. Other structures in the area include agricultural and residential buildings, which are not adequate for providing sufficient coverage. CONSISTENCY WITH THE COMPREHENSIVE PLAN The 2007 Comprehensive Plan states, "f cjertain types of business and industrial uses may be located at scattered rural locations if safe access is available, and if adverse impacts on surrounding areas and the rural environment can be avoided." Real Estate Consultants • Development • Brokerage @ Wireless Services NFW YORK OFFICE 184 BDIE ROAD SARATOGA SPRINGS, NY 12866 FAX (518) 584 -9967 MARYLAND OFFICE 7050 OAKLAND MILLS RD., STE 134 COLUMBIA, MD 21046 FAX (443) 864 -5773 AT &T is committed to providing better coverage to the growing number of subscribers in this area and doing so with minimal impact to the surrounding community. Real Estate Consultants • Development - Brokerage a Wireless Services LLI 0 LO Z LU Ln Wj LU CL \�, 0 . I 4 o X O lu o a� L) CCD LU Lo a e z z _ � o . � /.. � � \ � : \ E2 ■ z *CY LU w 4) O?yN 0 6� Q \ � § � . � \ � \ 0 2 x LO + i / � 7 t $ � co co CN CD co 0 CD � f y . � § �y �..:, . \` + § 0 C4 S 7 % % CD SD o/ c / O E7 r.L E \\ a ~ � � #- o 2 0 ■a \\ I t § k a n � b CL Gp =cow p. U) 0 . 0o a p m E am O 2 wo S 7Q}g CL `v � r ■.W mt , � J � m 0 » fir■ ■ kk |/ $ 2 1 to a: 0 t% r - - C22 CO ., - 2 §k \ 0 CD f 0 '�: C 1 0 4 0 . ) \ \/ ] $ CD § m V- . COUNTY of FREDERICK Department of Planning and Development 54 0/665 -5555 M EMORANDUM FAX: 5401665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner � Subject: Public Hearing — Drainfield requirements for large lots that are part of a minor rural subdivision Date: July 25, 2012 Staff has received a request to include a drainfield exemption for lots (parent tracts) that are 20 acres in size or greater and are part of a rninor rural subdivision. Currently, the Subdivision Ordinance requires all lots that are being subdivided to be provided with a drainfield (and a 100% reserve area per Chapter 161). This requirement was put into place when agricultural lots were deleted from the Zoning Ordinance in 2009 as part of the Rural Areas Study. An example of the current ordinance requirement would be a large, vacant parent tract being required to provide a drainfield area when subdividing one family lot (or five acre lot). This item was discussed by the DRRC at their March 2012 meeting and then emailed to the Development Review and Regulations Committee (DRRC) on April 4, 2012. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their May 16, 2012 meeting. The Commission agreed with the proposed change and recommended that the amendment be forwarded to the Board of Supervisors for review. The Board of Supervisors discussed this item at their June 13, 2012 meeting. The Board of Supervisors expressed concerns regarding the proposed arendment such as creating lots that cannot be built on and the amendment being in conflict with the Rural Areas Study; but ultimately decided to send the amendment to the Planning Commission for public hearing. There were no citizen comments at the Planning Commission's public hearing on July 18, 2012. It was noted that the request to exempt parent tracts from the drainfield requirement was based on an economic consideration when subdividing a small family lot; specifically, the fairly large expense involved for creating a drainfield on the parent parcel. The Planning Commission unanimously recommended approval. (Note: Commissioners Thomas, Lemieux, and Manuel were absent from the meeting.) The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This item is presented for public hearing. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and strilkethr-ough for deletions. CEP /rsa 107 North Kent Street, Suite 202 ®Winchester, Virginia 22601 -5000 Attachment 1 PC Discussed: 5/16/2012 BOS Discussed: 6/13/2012 PC Public Hearing 7/18/2012 BOS Public Hearing 8/08/2012 Chapter 144 — Subdivision of Land ARTICLE V Design Standards § 144.20. Sewer and water service. Generally, in the sewer and water service area designated by the Frederick County Comprehensive Plan or where public sewer and water is available, such service shall be extended by the developer to all lots within a subdivision and throughout the limits of the property to adjoining properties. Such facilities shall meet all regulations and specifications of the Frederick County Sanitation Authority or other applicable federal, state or local agencies. A. Central sewer or water systems. Any person proposing the construction of a central sewer or water facility shall obtain a written agreement with the Frederick County Sanitation Authority, prior to final subdivision plat approval, which states that said facility shall become the property of the Sanitation Authority. Such systems shall only be constructed if they are in conformance with the policies set forth in the Comprehensive Plan. B. Private sewage systems. Installation of privately owned sewage collection and treatment facilities shall meet all the requirements of the State Water Control Board, the Virginia Department of Health and any other state or local agencies having authority over such installations. Such facilities shall not be designated or utilized to serve more than one residence. C. Individual on -lot systems. The Subdivision Administrator shall not approve any subdivision where a public sanitary sewer system is not provided unless a written statement from the local health official is present to the effect that the area contained in each subdivided lot is satisfactory for the installation of an on -site sewage disposal system. These requirements shall not apply to a parent tract that is part of a minor rural subdivision, so long as said parent tract remains a minimum of 20 acres after the subdivision. t.. aets s4di oa r^..., tt a p -- fa s4divisio RESOLUTION Action: PLANNING COMMISSION: July 18, 2012 Recommended Approval BOARD OF SUPERVISORS: August 8, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND ARTICLE V DESIGN STANDARDS 144.20 SEWER AND WATER SERVICE WHEREAS, an ordinance to amend Chapter 144 Subdivision of Land to include a drainfield exemption for lots (parent tracts) that are 20 acres in size or greater and are part of a minor rural subdivision, was considered. WHEREAS, The Planning Commission held a public hearing on this ordinance on July 18, 2012; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on August 8, 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 144 Subdivision of land, Article V Design Standards, 144.20 Sewer and Water Service is amended to include a drainfield exemption for lots (parent tracts) that are 20 acres in size or greater and are part of a minor rural subdivision, in the Frederick County Zoning Ordinance. PD Res.#27 -12 This amendment shall be in effect on the day of adoption. Passed this 8th day of August, 2012 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PD Res.#27 -12 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 540/665-6395 To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning Administrator Subject: Discussion — Stonewall Warehousing Site Plan (Stonewall Industrial Parlt) Date: July 25, 2012 At the August 8, 2012 Board of Supervisors' meeting, staff will present the site plan for the Stonewall Warehousing site for review and information. This site plan is being presented to the Planning Commission and the Board of Supervisors due to its implications on the planned route for Route 37. The site is located in the Stonewall Industrial Park in the Stonewall Magisterial District. The plans for Stonewall Industrial Park do not accommodate the Route 37 right-of-way. The property is located. on McGhee Road and is in the path of Route 37. In an effort to keep the Planning Commission and Board of Supervisors apprised of the Route 37 right -of -way, site plans and subdivisions which impact the right- of-way will be presented to the Planning Commission and Board of Supervisors for their review. An 11" x 17" copy of sheet 2 from the site plan has been included in your agenda, along with a map that shows the planned route for Route 37, in regards to the location of this property. Action on the site plan is not required; this site plan is being brought for informational purposes only. At the Planning Commission's meeting on July 18, 2012, there was some general discussion about possible ramifications to the landowner and /or the county resulting from development of this property. The staff pointed out it is in the earlier planning entitlement stages, such as the rezoning, where the County has a greater ability to recognize a future road and make sure it is addressed through proffers and orientation of development. At this stage of the development process, during the site plan or subdivision, the applicant has the ability to move forward with the project. A member of the Commission noted that the Stonewall Industrial Park is an attractive, mid -range industrial park with good water and sewer availability; the issue of the path for Route 37 and the marketability for resale has frequently impacted decision - making for this industrial park, Another Commissioner noted the Route 37 path is not yet the actual designated right -of- way and it remains simply a warning at this point. (Note: Commissioners Thomas, Lemieux, and Manuel were absent from the meeting; Commissioner Oates abstained from discussion.) Please contact me if you if you need any additional information. A representative from GreyWolfe, Inc. will be present at the meeting. MRC /CEP /rsa Attachment 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601 -5000 i ft QQ� 43 19 67 43 f 9 59 SitePtan0112 ii f r �f 43 1,9 37 n • ' 4 73 ..: 1! ` O Applications Q Parcels Building Footprints 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) f EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Q� Qwoo > j f °�$ N se .� y ' WI S CIR ACCES;et`M $7 WAM FORTRESS DR ._ 7rr:�en..,,_ _ tt Note: f Frederick County Dept of ` Site Plan Planning & Development ` 07 N Kent St e ' Stonewall Warehousing suite 202 PINS: Winchester, VA 22601 43- 19-65 540 - 665 - 5651 _ { Map Created: July 02, 2012 Staff: mcheran 0 75 150 300 Feet d o ros n fIUI 1IA 1100 � 111—j 6 - 6uq�nsuo� pue 6mAanang pu ( no�.n xo>ot ,asd /e✓snpu/ / /euauo.75 r o-sas oast toem> - r a az zne raas� zz a� > aaaa e w e wiz e peo cmr e1 _,,,. e our ow' >n srvu _ o £09— Vlhl99A 'H31S.9H9N1M OVOH 33H9)W OS9 > sa roo'a mys nounx� o < c D s� >Dbu b23 ,n 9NISnOl49YVA4 77HNI -gNO1S Ll °au' a�'oMllaag o tibDD� 32��nJ o r "io H nvac� , � a.:re i a;noxn !! 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