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HomeMy WebLinkAboutJune 13 2012 Regular Meeting MinutesA Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 13, 2012, at 5:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator and §2.2 -3711 A (7), for consultation with legal counsel and/or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only legal and 344 Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 personnel matters, pursuant to Virginia Code §2.2 -3711 A (1) personnel matters, specifically, the annual evaluation of the County Administrator and §2.2 -3711 A (7), for consultation with legal counsel and /or briefings by staff pertaining to a litigation matter that has been specifically threatened and which requires the provision of legal advice by legal counsel, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the county. 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 CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board certified the annual evaluation of the County -Administrator. 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 INVOCATION Supervisor Lofton delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, 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 Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 �I Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under consent agenda: - Road Resolution --- Lamp Estates — Tab U. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Caleb A. Kershner, Esquire, Simms Showers, LLC, appeared before the Board on behalf of his clients, the deputies identified in the suit against Frederick County, to address the resolution before the Board regarding the claim asserted by "Northern Virginia Police Benevolent Association ". He stated he was surprised at the resolution as currently presented. He advised his clients were seeking resolution for back pay due. He explained that a claim letter was sent to the County on April 9, 2012. He noted the statements in the resolution that the Police Benevolent Association is not a Virginia agency were not correct. The Association is a non - profit organization that is active in Virginia. The resolution further stated the letter to the Board does not name parties, but a suit was filed naming all 60 deputies. The filing does comply with Virginia Code 15.2 -1253. He went on to say he was putting the Board on notice that they are a party to the lawsuit and have been named in a cross claim filed by the Sheriff He concluded by asking the Board to reconsider the resolution. Isaiah Kehle, Stonewall District, addressed the Board regarding the proposed removal of benefits for future county employees. He noted currently Frederick County pays 100% of the cost of insurance for retirees, with 30 years of service with Frederick County, until they are eligible for Medicare at age 65. This benefit was attractive to county employees. He asked the Board to reconsider elimination of this benefit, as it would make recruitment of good candidates difficult. He went on to say that services would be affected because employees would use Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 352 Frederick County as a stepping stone for other localities. He concluded by asking the Board to continue providing decent pay and benefits. Sean McGowan, Executive Director of the Virginia Police Benevolent Association, Inc., appeared before the Board to speak about the Virginia Police Benevolent Association. He noted this group was affiliated with the Southern States Police Benevolent Association, Inc., which is a 30,000 member organization. He advised the Virginia chapter was a semi - autonomous 501c5 organization. He noted that he was also a lobbyist for the group and had lobbied the General Assembly to give police officers the right to collectively bargain. He went on to say paragraph 5 of the resolution implies the group's activities are illegal, but they are not. The organization has been around for 25 years and is an over $5 million company. He concluded by saying the resolution should be rejected based on inaccuracies. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the minutes from the May 10, 2012 work session by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved the minutes from the May 23, 2012 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR JUNE 2012 - RESOLUTION 4063 -121. - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Diane E. Lockhart as Employee of the Month for June 2012. Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, Diane E. Lockhart, who serves as Assistant Registrar with the Voter Registrar's Office, was nominated for Employee of the Month; and WHEREAS, Diane E. Lockhart is being awarded employee of the month for being a very conscientious Assistant Registrar. Ms. Lockhart has initiated several office procedures and processing methods of voter registrations, transfers, death notices, felony convictions, and mentally incapacitate notices that have made the office more efficient and has allowed them to better serve the citizens of Frederick County. She has always treated everyone she comes in contact with in a professional, caring, and considerate manner. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 13 day of June, 2012 that Diane E. Lockhart is hereby recognized as the Frederick County Employee of the Month for June 2012; and BE IT FURTHER RESOLVED that the Board. of Supervisors extends its gratitude to Diane E. Lockhart for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Diane E. Lockhart is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye HISTORIC PLAQUE PRESENTATION — WHITE HALL UNITED METHODIST CHURCH - PRESENTED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the Historic Resources Advisory Board (HRAB) unanimously approved a Historic Plaque Designation application for the White Hall United Methodist Church located at 3625 Apple Pie Ridge Road. This is one of the few surviving early 19 century churches and the oldest in Frederick County. Chairman Shickle presented representatives from the White Hall Methodist Church with the historic plaque. COMMITTEE APPOINTMENTS Minute Book Dumber 37 Board of Supervisors Regular Meeting of 06/13/12 354 ATIVES DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board reappointed Stephen Pettler and J.P. Carr as Top of Virginia Building Association representatives to the Development Impact Model Oversight Committee. This is a one year appointment, said term to expire June 28, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF CHARITY N. THOMAS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Charity N. Thomas to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment, said term to expire July 23, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION (#064 -12) OF THE FREDERICK COUNTY SCHOOL BOARD -- LOCAL GOVERNING BODY CONCURRENCE WITH SCHOOL DIVISION ELECTING TO PAY THE VRS BOARD CERTIFIED RATE - APPROVED Administrator Riley advised the Frederick County School Board requests Board of Supervisors act on the VRS resolution for their second and smaller group rate. The School Board is electing to pay the VRS Board - certified rate for these employees. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the resolution titled: LOCAL GOVERNING BODY CONCURRENCE WITH SCHOOL DIVISION ELECTING TO PAY THE VRS BOARD - CERTIFIED RATE (In accordance with the 2012 Appropriation Act Item 468(1-1)) Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 BE IT RESOLVED, that the County of Frederick does hereby acknowledge that the Frederick County School Board 55634 has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1- 145(I) resulting from the June 30, 2011, actuarial value of assets and liabilities (the "Certified Rate "); and BE IT ALSO RESOLVED, that the County of Frederick does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Frederick County School Board 55634 to pay the Certified Rate, as required by Item 468(H) of the 2012 Appropriation Act; and NOW, THEREFORE, the officers of the County of Frederick are hereby authorized and directed in the name of the Frederick County School Board 55634 to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of the County of Frederick, as appropriate, shall be affixed and attested by the Clerk. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION (4065 -12) REGARDING CLAIM BY CURRENT AND FORMER FIRE AND RESCUE EMPLOYEES - APPROVED County Attorney Rod Williams advised the County received a claim on March 27, 2012 on behalf of 48 current or former members of the Fire and Rescue Department. Staff is recommending approval of this claim to the extent of a payout of $96,000. This settlement is contingent upon the parties entering into a release of claim. He then read the following resolution; WHEREAS, the Board has received, pursuant to the provisions of Virginia Code §§ 15.2 -1243 et seq., notice of a claim (the "Claim "), dated March 27, 2012, and as subsequently amended on March 28, 2012 and April 24, 2012, asserted by 48 current and former employees of the County's Fire & Rescue Department (the "Claimants "); and WHEREAS, the Claimants assert they are entitled to certain compensation, damages, and attorneys' fees, collectively in an amount that would exceed $96,000.00, pursuant to the provisions of Virginia Code § § 9.1 700 et seq. ; and WHEREAS, County staff, including the County Attorney, and the County's retained counsel have reviewed the form and substance of the Claim and have investigated the factual and legal bases for the Claim and have advised the Board regarding the same; and WHEREAS, based upon the foregoing, the Board finds that approval of the Claim in the amount of $96,000.00, and subject to the terms and conditions set forth herein, is justified and appropriate. NOW, THEREFORE, BE IT RESOLVED, that the Board approves the Claim in the amount of $96,000.00, provided, however, that each individual Claimant shall execute a release of any and all claims arising out of the same transactions and occurrences set forth in the Claim and that the County shall not make payment to or on behalf of an individual Claimant until such Claimant has so executed his respective individual release; and Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 356 BE IT FURTHER RESOLVED, that County Administrator, the County Attorney, and such other appropriate County staff are authorized to take such actions and execute such documents as are necessary and proper to fulfill the intent of this Resolution; and BE IT FURTHER RESOLVED, that, to the extent that the Claim seeks recovery beyond that herein approved, the Board accordingly otherwise denies the Claim. ADOPTED this 13` day of June, 2012. Supervisor Spicer asked if the $96,000.00 amount was arrived at and agreed to by the Fire and Rescue employees. County Attorney Williams responded yes. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the resolution as read. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION #066 -12 REGARDING CLAIM BY "NORTHERN VIRGINIA POLICE BENEVOLENT ASSOCIATION" - APPROVED Administrator Riley advised the claim before the Board this evening, with reference to the Northern Virginia Police Benevolent Association, is not in proper legal form. Because of this flawed claim, the Board cannot act upon said claim other than to deny it. It is not the desire of the County to take an adversarial role in these proceedings and would therefore strongly encourage the claimants to correct their claim and properly submit it to the Board at its next regularly scheduled meeting in order for the parties to meet and hopefully resolve this matter to the satisfaction of all parties. County Attorney Williams read the following resolution with the addition of the ninth whereas paragraph: WHEREAS, the Board has received, pursuant to the provision of Virginia Code §§15.2- 1243 et seq., notice (the "Notice ") of a claim, dated April 9, 2012, asserted by the "Northern Virginia Police Benevolent Association", the Notice purportedly being given on behalf of unnamed deputies of the County's Sheriff, and WHEREAS, the "Northern Virginia Police Benevolent Association" is not an entity organized under Virginia law or authorized under Virginia law to conduct business in Virginia; and WHEREAS, the County has no privity of relationship with the "Northern Virginia Police Benevolent Association ", and Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 357 WHEREAS, the "Northern Virginia Police Benevolent Association ", in the Notice purports to assert a claim relating to employment matters involving unnamed deputies of the County's Sheriff; and WHEREAS, Virginia Code § 40.1 -57.2, in keeping with the Commonwealth's long- standing, strong, and sound public policy as a Right To Work State, expressly and unequivocally prohibits this County, the Commonwealth, and any and all counties, cities, towns, municipalities, and government officers in Virginia from recognizing any "labor union" or other "employee association" as a bargaining agent of any public officers or employees, or from collectively bargaining or entering into any collective bargaining contract with any such "union" or "association" or its agents with respect to any matter relating to such public officers or employees or their employment or service; and WHEREAS, accordingly, any action by the "Northern Virginia Police Benevolent Association" can be and is of no legal effect with respect to any aspect of the employment or service of any deputies of the County's Sheriff, including to assert a claim on their respective behalves; and WHEREAS, further, the Notice does not identify the deputies on whose behalf the Notice is purportedly given, so as to enable the County to investigate the factual and legal bases of any claim such persons may contend they have; and WHEREAS, further, under the mandate of Article V11, Section 4 of the Constitution of Virginia, the Sheriff is a Constitutional Officer with legal status separate from that of the County and the Board of Supervisors; but WHEREAS, the Board nonetheless further encourages those individuals having claims to submit such claims to the Board so that the Board may act on such claims. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby disallows any claim by the "Northern Virginia Police Benevolent Association ". ADOPTED this 13� day of June, 2012. Supervisor Spicer stated the comments by Mr. McGowan and Mr. Kershner caused him some concern about whether or not to act on the resolution tonight or postpone action. He went on to say the issue is to clearly identify the legal parties, because the Board wants to resolve this issue equitably and fairly with the claimants. He concluded by saying that in light of the comments, he would like to postpone action. Chairman Shickle asked County Attorney Williams if anything that had been said this evening changed his opinion. County Attorney Williams responded he did not think the Board had any authority to act on anything beyond denial of the claim. He concluded by saying he believed the resolution was in proper form. Supervisor Spicer moved to postpone action until the next Board of Supervisors' meeting. The motion died due to the lack of a second. Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 f Supervisor DeHaven stated the Board has a firm desire to settle this issue with the employees. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the resolution as read. Supervisor Fisher agreed there was a desire to settle. 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 Nay Gene E. Fisher Aye Gary A. Lofton Aye Supervisor Lofton stated he was seeing and hearing a divide in legal interpretation. He wanted to settle this matter, but must take the side of the county attorney. He concluded by saying he would like to see the claims submitted in proper form. Supervisor Collins thought the matter could be settled. He noted the first sentence in the claim letter stated the claim was being filed on behalf of the Northern Virginia Police Benevolent Association. He went on to say from the materials distributed, it looked like only individuals could join the association, not departments. He concluded by saying he supported the motion, but still urged the parties to settle this matter. Supervisor Spicer stated he heard a common theme among the board's comments and he had a deep hope and confidence these issues could be resolved. He went on to say the Board is mindful of the objections under the law and would adhere. Upon a motion by Supervisor Spicer, seconded by Supervisor DeHaven, the Board expressed a deep hope and confidence this matter could be settled. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, June 1, 2012, at 8:00 a.m. Committee members present were: Ross Spicer, Dorrie Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 Green, and Phil Farley. Committee members absent were: Bill Ewing, Chris Collins, and Sharon Gromling. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, Planning Director Eric Lawrence, Finance Director Cheryl Shiffler, County Attorney Rod Williams, Commissioner of the Revenue Ellen Murphy, Sheriff's Captain John Heflin, NRADC Superintendent Bruce Conover, and Sarah Greenhalgh, The Winchester Star. The following items were discussed: ** *Items Requiring Action * ** 1. Recommendation to Approve Policy Change. The Committee recommended approval to proposed policy change that will eliminate retiree healthcare for new employees hired on or after July 1, 2012. Mr. Philip Farley made the motion and Supervisor Spicer seconded it. (Attachment 1) Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the elimination of retiree healthcare for new employees hired after July 1, 2012. This proposal would not affect current employee benefits. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Approval of the Employee of the Month Award The Committee recommends approval to award Diane Lockhart the Employee of the Month for June 2012. (Attachment 2) ** *Items Not Requiring Action * ** 1. Committee was provided updated salary scales for information only. Due to legislation changes from the 2012 General Assembly regarding employee contributions and mandated salary adjustments, the HR Director provided updated salary ranges. (Attachment 3) There being no further business, the meeting was adjourned. The next meeting will be held on Friday, July 6, 2012 at 8:00 a.m. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model — Oversight Committee (DIM -OC) met on Tuesday, June 5 2012 at 8:00 AM. Members Present J.P. Carr Dr. John Lamanna Gary Lofton Brian Madagan H. Paige Manuel Stephen Pettler Members Absent Minute Book Number 37 Board of Supervisors Regular Meeting of 06 /13112 Ross Spicer Roger Thomas Kris Tierney Al Orndorff, Patrick Barker, and Eric Lawrence were present. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1) and resulting projected capital facilities costs (Attachment #2) are Attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: Single Family Dwelling Unit Town Horne Dwelling Unit Apartment Dwelling Unit By majority vote, the Dl'M OC recommends the use of the critical inputs, and for their incorporation into the model. Upon a motion by .Supervisor Lofton, seconded by Supervisor Collins, the Board approved the use of the new critical inputs and their incorporation into the Development Impact Model. The above motion was approved by the following recorded vote: Richard C. Shickle NEW FY2012 FY2013 $17,134 $18,507 $12,135 $12,354 $ 8,633 $ 9,983 By majority vote, the Dl'M OC recommends the use of the critical inputs, and for their incorporation into the model. Upon a motion by .Supervisor Lofton, seconded by Supervisor Collins, the Board approved the use of the new critical inputs and their incorporation into the Development Impact Model. 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 ** *Informational Purposes Only * ** School Value Policy clarification: Utilize adopted CIP figures, or project bids /contract awards that are less than six months old. Background: The DIM utilizes capital facility costs that were part of the most recently adopted County Capital Improvements Plan (CIP). The discussion noted that sometimes these costs may not be the most accurate, since initial efforts in generating the CIP cost estimates begin in the summer, yet are not adopted into the CIP until the following spring (potential nine month old data). The DIM-OC agreed that if more recent cost information, such as a project bid/contract award that is less than six months old is available, it would be appropriate to utilize this more accurate cost information in the DIM. Utilizing the average costs from the three lowest bids for FY 13 on a project plus CPI is the preferred method of the DIM -OC to address school values. Unfortunately, the Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 me bid figures are unavailable at this time due to the fact the projects' bids are three years old and not maintained. In terms of school costs, construction contract awards (values) documented with the Virginia Department of Education were utilized as guidance in determining appropriate school construction costs for Frederick County. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT RE UEST OF JOSHUA NELSON — "APPALACHIAN MOUNTAIN JAM." PURSUANT TO THE FREDERICK COUNTY.. CODE CHAPTER 86 FESTIVALS• SECTION .86 -3 PERMIT RE UIRED• APPLICATION• ISSUANCE. OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY AUGUST 17 2012 FROM 12:00 NOON THRU 12:00 NOON SUNDAY AUGUST 19 2012 ON THE GROUNDS OF THE COVE CAMPGROUND 980 COVE ROAD GORE VIRGINIA. PROPERTY OWNED BY ALEXANDER W. K. MCDOWELL AND MCDOWELL FAMILY, LLC. - APPROVED Administrator Riley advised this - was an application for an outdoor festival permit for "Appalachian Mountain Jam ". The event will be held Friday, August 17, 2012 through Sunday, August 19, 2012 from 12:00 p.m. to 12:00 p.m. on the grounds of The Cove Campground, 980 Cove Road. Joshua Nelson, applicant, appeared before the Board on behalf of this event. He enjoyed music and wanted to make this festival a nice environment. He concluded by saying he was trying to do something positive with music. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the outdoor festival permit for "Appalachian Mountain Jam ". 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 PUBLIC HEARING - PROPOSED AMENDMENT TO THE 2012 -2013 FISCAL YEAR BUDGET — PURSUAN T TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA, 1950 AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2012 -2013 BUDGET TO REFLECT: SCHOOL CONSOLIDATED SERVICES FUND SUPPLEMENTAL .. ........... .. APPROPRIATION IN THE AMOUNT OF $2,700,000. THIS AMOUNT IS THE ESTIMATED DOLLAR VOLUME OF SERVICES PROVIDED BY THE FREDERICK COUNTY PUBLIC SCHOOLS TRANSPORTATION FACILITY FOR THE PROVISION OF VEHICLE MAINTENANCE SERVICES FOR THE SCHOOL DIVISION'S FLEET. NO LOCAL FUNDS ARE REQUIRED AS FUND Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 362 REVENUES ARE GENERATED FROM BILLING OF SERVICES. — (RESOLUTION #067-12 ) - APPROVED Administrator Riley advised this was a proposed amendment to the Fiscal Year 2012- 2013 budget to reflect a School Consolidated Services Fund supplemental appropriation in the amount of $2,700,000. This amount reflects the estimated dollar volume of services provided by the Frederick County Public Schools Transportation Facility for the provision of vehicle maintenance services for the school division's fleet. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on June 13, 2012, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2012 -2013 Budget be Amended to Reflect: School Consolidated Services Fund Supplemental Approffiation in the Amount of $2,700,000 This Amount is the Estimated Dollar Volume of Services Provided by the Frederick County Public Schools Transportation Facility for the Provision of Vehicle Maintenance Services for the School Division's Fleet. No Local Funds are Required as Fund Revenues are Generated From Billing of Services. 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 PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 90 FIRE PREVENTION. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO MAKE THE EXISTING COUNTY CODE CHAPTER CONSISTENT WITH THE STATE CODE. - APPROVED Administrator Riley advised this was an amendment to Frederick County Code, Chapter 90, Fire Code. The purpose of this proposed amendment is to make the existing county code chapter consistent with the State Code. He concluded by noting the existing County Code is outdated and needs to be amended. Chairman Shickle convened the public hearing. There were no public comments. Minute Book dumber 37 Board of Supervisors Regular Meeting of 06/13/12 Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved the ordinance to amend Frederick County Code, Chapter 90, Fire Prevention. The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 90 (Fire Prevention) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Chapter 90 (Fire Prevention and Protection), to read, in its entirety in place of the current Chapter 90 of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in and additions are shown in bold underling): CHAPTER 90 FIRE PREVENTION AND PROTECTION ARTICLE I General Standards § p Fire Prevention Code) of the 90 -1, Purp Adoption of Section 27 -94 et seg. (Statewide_ Code of Virginia A. The purpose of this Chapter is to consolidate into one document the necessary requirements for the prevention or the minimizing of the loss of lives and property that may result from fire in Frederick County. B. The Virginia Statewide Fire Prevention Code VSFPC as set forth in Section 27 -94 et seq. of the Code of Virginia (1950, as amended), and as may be subseg uently amended, skull be enforced in the County. Except as specifically modified by this Chapter, all the provisions and requirements of the Statewide Fire Prevention Code, are hereby adopted, mutatis mutandis and made part,of this Chapter as if fully set forth and shall be known as the Frederick County Fire Prevention Code. No person within the County shall violate or fail, neglect or refuse to comply with any provision of the Frederick County Fire Prevention Code and in no event shall the Penalty imposed for the violation of any provision or requirement adopted herein exceed the penalty imposed for a similar offense under such Section 27 -94 et se g. of the Code of Virginia 1950 as amended and as m:ky be subsequently amended. § 90 -2. Administration enforcement and a12Rointment of Fire Marshal; interpretation; applicability appeals A. There is hereby established in and for the County the position of Fire Marshal who shall be responsible for the enforcement of this Chapter an the Board of Supervisors authorizes the appointment of such Fire Marshal as designated by the Department Chief of the Frederick County Department of Fire and Rescue. The investigation into the origin and cause of every fire and explosion occurrin within the limits for which he/she is appointed, investigation and prosecution of all offenses _ involving hazardous materials. fires fire bombings, bombings, attempts or threats to commit such offenses false alarms relating to such offenses Possession and manufacture of exj2losive devices substances and fire bombs and environmental crimes shall be the responsibility of the Fire Marshal, his/her designated representative, the Assistant Fire Marshal and legal counsel. B. The requirements in this ele- Chapter shall be administered and enforced by the Frederick County Fire Marshal or his designated representative as referred to as the Authority Having Jurisdiction C. Sub'ect to the provisions of Subsection E tThe Difeetor -- -- Fire Marshal or his designated representative shall interpret this section, where interpretation shall be binding and final, necessary, and that D. This artiele Chapter shall apply to all developments' that are red to submit a site . . t plan under Chapter- 165, Zoning, of this Code and other- nonreside developments as deter-mined rreeessary by the Dir-eetor- of Planning and Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 364 Development or his designated matters affecting or relating to structures processes and premises as set forth in Sections 101 and 102 of the _p . , 'thin any VSFPC, except that this Chanter shall not apply the boundaries of within . , , _ incorporated town in the County . , t, interpretation, and/o • ..PP ea s concerning the administration enforcement, r e al2plication of this Chapter _- by the Fire Marshal or his/her desi noted re resentative shall first lie to the County Board of Building C%heAppeals created under Section 52 -8 of this Code and then to the State Building Code Technical Review Board. Al212eals hereunder to the County Board of Building Code Appeals shall be subject to the payment of the same fees as apply to appeals of matters involving the Virginia Uniform Statewide Building Code. A eats from the application of the VSFPC by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in Sections 36 -108 et se g. of the Code of Virginia 1950 as amended), tly amended. and as may be subse uen „d .. ,,.,._ ... . § 90 -3. Definitions and word usage. A. Definitions of w Words defined in this Article are intended for use only with sections of this Aarticle. Definitions set forth in any document referenced by this Article shall be the aeeeptable definitions for- us or u ly are intended e on with that document „ f . s .... ,...,.,... only. Words not specifically defined in this Article or other referenced documents shall be interpreted as being the ordinary usage of the word as set forth in the most recent edition of Webster's Third New International Dictionary of the English Language, Unabridged as published by the-- G- -& - -C Mer-Aum Company, Springfield-, Massaebusetts, in 1966. B. As used in this Aarticle, the following terms shall have the meanings indicated: APPROVED — Acceptable to the Frederick County Direetor of Planning and Development Fire Marshal or his designated representative. ASSISTANT FIRE MARSHAL — A sworn law enforcement officer to serve as the Fire Marshal's designated representative. AUTOMATIC FIRE - EXTINGUISHING SYSTEM — Any system which is designed and installed to detect a fire and subsequently discharge an extinguishing agent without human activation or direction. CURB CUT — Reduced curb height to facilitate vehicle passage over or across a curb. A "curb cut" can be an abrupt reduction or may be a tapering reduction for the length of the curb on each side of the means of access. DWELLING — A single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EXISTING CONDITION — Any situation, circumstance or physical makeup of any structure, premise or process which was ongoing or in effect prior to the original adoption of this Article. FIRE DEPARTMENT — The Frederick County Fire and Rescue Department, the local volunteer fire company that is the first due company y ' in an area and any fire comRany that actually responds to a call for service at a particular location FIRE DOOR — A tested, listed or approved door and door assembly constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions or other horizontal or vertical construction. FIRE HYDRANT •--- A valved connection on a piped water supply system, having one or more outlets and which is used to supply hose and Fire Department pumpers with water. Minute Book Number 37 Board of supervisors Regular Meeting of 06113112 FIRE LANE -- The road or other passageway developed to allow the passage of fire apparatus. FIRE MARSHAL — A sworn law enforcement official responsible for investi atin the causes of fires and explosions, enforcing fire prevention laws set forth in the VSFPC life safg inspections, the review of fire-protection system plans, and fire education to the_public. FIRE OFFICIAL — The same as "Fire Marshal" and any of his/her designated representatives. FIRE PROTECTION SYSTEM — Any fire alarm device or system or fire- extinguishing device or system or their combination which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the Fire Department, or both, that a fire has occurred. GRADE — The reference plane representing the average elevation of the finished ground level adjoining the building at all exterior walls. MEANS OF ACCESS — The method or arrangement by which entry or approach is made to a building area by Fire Department apparatus and personnel PRIVATE DRIVE — The same as a "private street." PRIVATE DWELLING — The same as a "dwelling." PRIVATE ROAD — The same as a "private street." PRIVATE STREET — Any accessway normally intended for vehicular use in the movement between points within a building site area or between a building site and a street. ROADWAY — Any street, private street or fire lane. STANDPIPE — A pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire - fighting purposes. STORY — That portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. STREET _. A public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by Fire Department vehicles. STRUCTURE — Any building, monument or other object that is constructed with the ground as its foundation or normal resting place. SUPERVISED AUTOMATIC FIRE - EXTINGUISHING SYSTEM — Any automatic fire - extinguishing system which is constantly monitored so as to determine its operating condition at all times. § 90-4. General requirements. The following requirements shall apply to all construction or Iand development activities in areas of the county to which this Article a lies systems eonsisting of water mains and hydrants: A. Means of access for Fire Department apparatus. (1) The means of access for Fire Department apparatus and personnel shall consist of fire lanes, private streets, streets, parking lot lanes or a combination thereof Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 s 's (2) Parking in any means of access shall not be permitted within 20--15 feet of a fire hydrant, sprinkler or standpipe connection or in any other manner which will obstruct or interfere with the Fire Department's use of the hydrant or connection. (3) "No parking" signs or another designation indicating that parking is prohibited shall be provided at all normal and emergency access points to structures and within 15 feet of each fire hydrant, sprinkler or standpipe connection. B. Fire lanes. (1) The Fire Marshal or his/her desi mated representative , in concert with the local volunteer fire company, may designate both public and private fire lanes as required for the efficient and effective use of fire apparatus. Said fire lanes shall be marked in a manner prescribed by the Fire Marshal or his/her designated representative Chief Building and the loeal volunteer fire may: Parking in a designated fire lane shall be controlled by Chapter 158, Vehicles and Traffic, of the Frederick County Code. (2) Fire lanes shall be at least 20 feet in width, with the road edge closest to the structure at least 10 feet from the structure, be constructed of a hard all- weather surface adequately designed to support any fire apparatus likely to be operated in such fire lane or be of subsurface construction designed to support the same loads as the above surfaces and be covered with no more than three inches of soil or sod, or both and be designed with radii of sufficient length to allow for safe turning by any fire apparatus likely to be operated on such fire lane. (3) Fire lanes connecting to public streets, roadways or private streets shall be provided with curb cuts extending at least two feet beyond each edge of the fire lane. (4) Chains or other barriers may be provided at the entrance to fire lanes or private streets, provided that they are installed according to the requirements of the Flire De art t Au - ority hHaving j1urisdiction. C. Parking lot lanes. Parking lot lanes shall have a minimum of 15 feet clear width between rows of parked vehicles for vehicular access and movement. D. Location of structures. (1) At least three perimeter walls of all industrial, commercial, public or semipublic or residential structures with three or more dwelling units per structure shall be within 200 feet of an oved - street, fire lane, or rip vate street. (2) Structures exceeding 30 feet in height shall not be set back more than 50 feet from a street, fire lane or private street. (3) When any combination of private fire protection facilities, including but not limited to fire - resistive roofs, fire separation walls, space separation and automatic fire- extinguishing systems, is provided, and approved by the Fire Marshal or his/her designated representative Chief Building `ufii as an acceptable alternative, Subsection D(2) shall not apply. (4) The Fire Marshal or his/her desi ng ated representative may in concert with the local volunteer fire company, require at least two means of access for fire apparatus to all commercial and industrial structures, Those accessways shall meet the requirements of Subsection 13(3). (5) Landscaping or other obstructions shall not be placed around structures or hydrants in a manner so as to impair or impede accessibility for fire- fighting and rescue operations. E. Water supply. (1) Water supply systems shall be designed so as to be capable of supplying at least 1,000 gallons per minute at 20 pounds per square inch. Water supplies shall be made available and operational before combustibles are on site during construction. Minute Boole Number 37 Board of Supervisors Regular Meeting of 06/13/12 mWilm (2) In areas developed with single- family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be at least two hydrants within 300 feet of all units. In areas developed with industrial or commercial development(s), there shall be a hydrant within 300 feet of all portions of any structure. Where one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance measurements under this section shall be along center -line roadway surfaces or along surfaces meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all cases access to each hydrant shall be directly from a roadway and/or fire lane. (3) Fire hydrants shall be marked in accordance with the Frederick County Sanitation Authority policy. (4) Fire hydrants located in parking areas shall be protected by barriers that will prevent physical damage from vehicles. (5) Fire hydrants shall be located within three feet of the curbline of fire lanes, streets or private streets when installed along such accessways. (6) Fire hydrants shall be installed in accordance with the standards of the Frederick County Sanitation Authority. (7) Threads on fire hydrant outlets shall conform to Frederick County Sanitation Authority policy. (8) Fire hydrants shall be supplied by not less than a six -inch diameter main. F. Fire protection during construction. Trash, debris and other combustible material shall be removed from the construction site as often as necessary to maintain a firesafe construction site. G. Plans. Complete as -built building floor plans, site plans and plans of fire suppression systems shall be submitted to the Chief Building Official for the use of the and Fire Marshal or their respective designated representatives loeal volunteer- fire company, prior to issuance of the final certificate of occupancy. § 90 -5. Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. ARTICLE II Commercial Burning § 90 -6. Purpose. The purpose of this Article is to provide for the establishment and requirements of commercial burning permits in Frederick County. § 90 -7. Administration; revocation of permits. The Code requirements in this Article shall be administered by the Fire Marshal or his. designated representative Sue The Frederick County Fire Marshal or his designated representative shall have the authority to revoke commercial burning permits on demand should permit contingencies change. § 90 -8. Definitions. As used in this Article, the following terms shall have the meanings indicated: Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 AGRICULTURAL BURNING — Any of the following open agricultural burning practices which destroy undesirable vegetation, clear orchards and orchard prunings, destroy fertilizer and chemical containers and denatured seed and grain which may no longer be suitable for agricultural purposes, prevent loss from frost or freeze damage and/or create or destroy a favorable food and cover habitat for certain species of wildlife. COMMERCIAL BURNING — Burning of , materials from clearing woodland or any quantity of material that would burn beyond the burning hours set forth in Chapter 45, Air Pollution and Open Burning. PRESCRIBED BURNING — Any of the- follow4ag-forest management practices which reduce forest fuels and minimize the effect of wild fires, control undesirable growth of hardwoods, control disease in pine seedlings, prepare forest land for planting or seeding, create a favorable food and cover habitat for certain species of wildlife and/or remove dead vegetation for the maintenance of a railroad, highway and public utility right-of-way. § 90 -9. General requirements. The following requirements shall apply to the issuance and conditions for issuance for any commercial burning in Frederick County: A. Application. Applications for commercial burning permits must be made to the Frederick County Fire Marshal or his designated representative 10 working days prior to the requested burn date and shall include provisions for an alternate burn date in case of inclement weather. B. State and federal law. All state and federal laws pertaining to open burning shall also be complied with. C. Property owner's responsibility. It shall be the responsibility of the property owner upon whose land commercial burning is proposed to apply for commercial burning permits, and such permits shall only be issued to said property owner. D. Loss of control responsibility. The permit recipient shall be responsible for any and all damages and fire suppression costs associated with the loss of control of any fire. E. Equipment required on -site. A bulldozer or similar track equipment in operational condition and an operator shall be present at all times when commercial burning operations are underway. F. Surrounding area. The area surrounding the burn area shall be clear and clean of all combustible materials, pursuant to Department of Forestry regulations. G. Contingencies. Wind, humidity, time of year, weather, water availability and size of the proposed burn areas shall all be evaluated by the Frederick Counjj Fire Marshal or his designated representative prior to permit issuance. Observations or complaints of health or traffic hazards associated with smoke may be cause for commercial burning permit revocation. H. Burn areas. No burning areas larger than 20,000 square feet and higher than 20 feet shall be permitted. I. Fees. pees shall be established by separate schedule adopted by the Board of Supervisors and amended from time to time as appropriate. T. Exemptions. Prescribed burning and agricultural burning as herein defined are hereby exempted from the provisions of this section. All state and federal laws pertaining to prescribed and/or agricultural burning remain in effect. § 90 -10. Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 ARTICLE III Service in Fire Department § 90 -11. Authorization for youth to serve; parental or guardian approval. Pursuant to the provisions of § 40.1 -79.1 of the Code of Virginia, 1950, as amended, and as ma be subsequently _amended that any person 16 or 17 years of age, with parental or guardian approval be, and hereby is, authorized to work with or participate fully in all activities of a volunteer fire company, provided that such person has attained certification under National Fire Protection Association 1001, Level 1, Firefighter standards, as administered by the Department of Fire Programs. ARTICLE IV Hazardous Materials 90 -12. Release of hazardous materials, hazardous waste or regulated substances. Hazardous materials hazardous waste or regulated substances as defined by state law shall not in any quantity be released into a sewer, storm drain ditch drainage canal cree stream lake or any other body of water, or on the ground, sidewalk street highway into the atmosphere. All state and federal laws pertainingto hazardous materials hazardous waste or regulated substances shall be complied with re ardin the handlin and release of such materials. 90 -13. Right of entry to investigate the release of hazardous materials, hazardous waste, or regulated substances. The County Fire Marshal or his designated representative shall have the right to enter upon any property from which a release of any hazardous materials hazardous waste or regulated substance, as defined by state law, has occurred or is reasonably suspected to have occurred and which has entered into the ground water or soil of Frederick Counly to investigate the extent and cause of any such release. § 90 -14 Responsibility for clean -up. Thep rson(s), corporation(s), or firm(s) responsible for the release of hazardous materials, hazardous waste, or regulated substances, whether it be sudden or gradual, intentional or unintentional shall institute and complete all actions necessaKy to remedy the effects of such release at no cost to the jurisdiction. The County _Fire-Marshall or his designated representative may require records and receipts to verify clean-up and ro er disposal of all released hazardous materials hazardous waste or regulated substances. Costs associated with such. clean -up shall be borne by the owner, operator, or any other person(s), corporation(s), or firm(s) responsible for the release. 90 -15 Violations and penalties. Any person, firm or corporation who shall violate. any of the provisions of this article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months or both such fine and - imprisonment. Enacted this 13"' day of June, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 370 PUBLIC HEARING - CONDITIONAL USE PERMIT #02 -12 FOR PIPPIN ENTERPRISES, LLC, FOR COMMERCIAL OUTDOOR RECREATION USE FOR THE PURPOSE OF EXPANDING CONDITIONAL USE PERMIT #05 -98 WHICH IS ATTACHED WITH APPLELAND GOLF COURSE. THIS PROPERTY IS LOCATED AT 4506 VALLEY PIKE JROUTE 11 AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 74 -A -74 74 -A- 75 75 -A -27 AND 75 -A -27A IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to expand a commercial outdoor recreational use at Appleland Golf Course. This proposal would allow an expansion of a nine hole golf course to twelve holes. The property is located at 4506 Valley Pike in the Back Creek Magisterial District. The Planning Commission recommended approval of this conditional use permit with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall be 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75 dbs (A scale). 8. Approval of CUP #02 -12 will null and void CUP #05 -98. 9. Any expansion of use will require a new CUP. Supervisor Spicer asked about the facility's closing hours now. Mr. Gregory, owner, responded the hours of operation are from 9:00 a.m. to approximately 11:00 p.m., although they sometimes vary. He said they are never open after 11:00 P.M. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved Conditional Use Permit 402 -12. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - DRAFT UPD ATE OF THE 2012 -2013 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS AND THEN WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN ACCORDANCE WITH SECTION 33.1 -70.01 OF THE CODE OF VIRGINL4 WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2013 THROUGH 2018 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2013. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION LOCATED AT 14031 OLD VALLEY PIKE EDINBURG VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET, WINCHESTER, VIRG ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT . _PLAN._.._T ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM STIP WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1 -800- 367 -7623. — (RESOLUTION ##'s 068 -1.2, 069 -12, and 070 -12) - APPROVED Deputy Director of Planning- Transportation John Bishop appeared before the Board regarding this item. He advised this was a public hearing to consider the 2012 -2013 Interstate, Primary, and Secondary Road Improvement Plans. He noted the plans have not changed much with the exception of the addition of Hunting Ridge Road to the unscheduled list for hard surface projects in the Secondary Plan. He went on to say there were no changes to the Interstate or Primary Plans. The plans were reviewed by the Planning Commission and Transportation Committee and have been recommended for approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the 2012 -2013 Secondary, Primary, and Interstate Road Improvement Plans. 371 Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 312 RESOLUTION ( #070 -12) 2012 -2013 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 12, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 16, 2012; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County concerning the proposed Plan and Priority hearing and to make comments and recommendations List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Secondary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 13, 2012. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( 4069 -12) 2012 -2013 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as provides the opportunity for each county to work with the Virginia Department of Trar in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval this plan on April 23, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing i recommended approval of this plan at their meeting on May 16, 2012; and Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Interstate Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 13, 2012. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION (#068 -12) 2012 -2013 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 23, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 16, 2012; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2012 -2013 Primary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. 373 Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 374 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2012 -2013 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2012 -2013 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented. at the public hearing held on June 13, 2012. This resolution 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 PUBLIC HEARING - SENSENY/EASTERN FREDERICK URBAN AREAS LAND USE PLAN — THIS IS A PUBLIC HEARING ON THE SENSENY/EASTERN FREDERICK URBAN AREAS PLAN. THE PLAN ENCOMPASSES THE AREA OF THE COUNTY THAT IS GENERALLY EAST OF THE CITY OF WINCHESTER AND INTERSTATE 81 TO THE CLARKE COUNTY LINE AND FROM REDBUD RUN IN THE NORTH TO THE OPE UON CREEK IN THE SOUTH. THE PLAN CONTAINS FOUR MAPS AND A NARRATIVE TEXT THAT COVERS THE FOLLOWING AREAS: URBAN AREAS AND RESIDENTIAL DEVELOPMENT BUSINESS DEVELOPMENT TRANSPORTATION AND NATURAL RESOURCES HISTORIC RESOURCES AND PUBLIC FACILITIES AND IS AN UPDATE TO APPENDIX 1 OF THE 2030 COMPREHENSIVE PLAN AND THE EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN, A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. THIS PLAN REPRESENTS THE WORK OF A LARGE NUMBER OF CITIZEN VOLUNTEERS WHO HAVE BEEN WORKING OVER THE PAST SEVERAL MONTHS IN COLLABORATION WITH EACH OTHER. -- SOLUTION 0071 -12 - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He noted this plan was the product of the work of a number of stakeholder groups. The plan aligns with the policies of the 2030 Comprehensive Plan. He advised the plan contains four maps and a narrative text regarding the following areas: - Urban Areas and Residential Development; - Business Development; - Transportation; and - Natural Resources The plan encompasses the area generally east of the City of Winchester along Senseny Road to the Clarke County line and from Redbud Run Creek in the north to the Opequon Creek in the south. The Planning Commission recommended approval at its May 16, 2012 meeting. Chairman Shickle convened the public hearing. Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 375 There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the Senseny/Eastern Frederick Urban Area Plan, with the maps to be corrected regarding the location of a Route 37 ramp, as previously discussed. WHEREAS, The Senseny/Eastern Frederick Urban Area Plan was drafted with the assistance of many interested citizens, business owners, and stakeholders, as part of a broad and successful public outreach effort; and WHEREAS, A resolution to adopt the Senseny /Eastern Frederick Urban Area Plan was considered; and WHEREAS, The Comprehensive Plans and Programs Committee formed four working groups consisting of Urban Areas and Residential Development; Business Development; Transportation; and Natural Resources, Historic Resources and Public Facilities in the fall of 2011 from area residents and /or business owners who met through the month of October and November drafting their parts of the Plan, which was delivered to the Facilitator Group; and WHEREAS, The Facilitator Group compiled the final draft of the Plan through the months of December 2011 and January 2012, endorsing the draft plan on February 1, 2012; and WHEREAS, The Planning Commission and the Board of Supervisors at their February 25, 2012 Retreat expressed a consensus to move the SEFUAP forward; and WHEREAS, The Frederick County Planning Commission held a public hearing and reviewed and discussed the Plan on May 16, 2012; and WHEREAS, The Frederick County Board of Supervisors held a public hearing and reviewed and discussed the Plan on June 13, 2012, and finds that the adoption of the Senseny/Eastern Frederick Urban Areas Plan to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice, to adopt the Senseny/Eastern Frederick Urban Area Plan. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors supports and adopts the Senseny /Eastern Frederick Urban Area Plan as part of the 2030 Comprehensive Plan. Passed this 13 day of June, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye I' . a : ► !EI : 1 ► ._ ►L�771 i_�� 1�u � �����[� - Il �l iC ��/_CI]►1T►`[!' ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT, &165- 401.03 CONDITIONAL USES AND ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND. CONDITIONAL_ USE PERMITS, PART 101 GENERAL PROVISIONS, 4165- 101.02 DEFINITIONS AND WORD USAGE — REVISIONS TO ALLOW "TREATMENT HOMES" AS A CONDITIONAL USE IN THE RA DISTRICT. - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 3761 Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff received a request to include "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and to revise the definition of "Adult Treatment Homes ". This amendment proposed the following changes: - Revise the definition of "Adult Treatment Home" to "Treatment Horne" and add the provision that it is for all ages, and also include drug treatment. - Add "Treatment Home" as a conditional use in the RA (Rural Areas) District; - Delete the definition of "Drug Treatment Home" because this use is being incorporated into the definition of "Treatment Home ". - Revision to the MS District to include the term "Treatment Home" and delete "Drug Treatment Home" The Planning Commission recommended approval of proposed amendments. Supervisor DeHaven asked if a boiler plate of potential conditions has been developed. Director Lawrence responded it has not been developed, but there have been discussions. He noted the scale of any treatment home in the Rural Areas would be affected by the size of the health system. Supervisor Spicer asked what type of building would accommodate these treatment homes. Director Lawrence responded the requestor has struggled with the issue of small versus large models. Supervisor Fisher wondered if this was potentially setting up an owner who has committed to a significant investment. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the ordinance amending The Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165 - 401.03 Conditional Uses; Article V, Planned Development Districts, Part 504 MS Medical Support District, 165- 504.02 Permitted Uses; Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165 - 101.02 Definitions and Word Usage. WHEREAS, an ordinance to amend Chapter 165, Zoning to to revise the definition of Adult Treatment Home to Treatment Home, add "Treatment Homes" as a conditional use in the Minute Book Number 37 Board of Supervisors Regular Meeting of 06113112 377 RA (Rural Areas) Zoning District and a permitted use in the MS (Medical Support) Zoning District, and delete the definition of "drug treatment home" was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on June 6, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on June 13, 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. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165- 401.03 Conditional Uses; Article V, Planned Development Districts, Part 504 MS Medical Support District, 165 - 504.02 Permitted Uses; Article 1, General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165 - 101.02 Definitions and Word Usage are amended to revise the definition of Adult Treatment Home to Treatment Home, add "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and a permitted use in the MS (Medical Support) Zoning District, and delete the definition of "drug treatment home ", in the Frederick County Zoning Ordinance. This amendment shall be in effect on the day of adoption. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District §165- 401.03 Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use. MM. Treatment Home. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 504 -- MS Medical Support District §165- 504.02 Permitted uses. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (5) Related residential uses to support hospitals, medical centers, medical offices, clinics and schools of medicine: Allowed Uses t Treatment Home (As defined) ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS §155- 101.02 Definitions & ward usage. Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 . : m: ADUL TREATMENT HOME — A residential facility for persons OL all a es recovering from alcohol and/or drug addiction apse where supervision, rehabilitation and counseling are provided to the residents. .�r.i =iviaa Passed this 13 day of June, 2012, Supervisor Spicer stated he was sympathetic with the concept, but was concerned about the impact of these uses on nearby properties He concluded by saying he would be voting against this proposal. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Nay Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REQUEST FOR PUMP AND HAUL PERMIT FOR JEFF MCDONALD 463A STEPHENSON ROAD - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff received a request for a pump and haul permit for an existing residence at 463A Stephenson Road. Two of the three existing residences have approved pump and haul permits; however, there is no record of this house having an approved pump and haul permit. He concluded by saying the Health Department confirmed there is no other alternative available. Upon a motion by Supervisor DeHaven, seconded. by Supervisor Spicer, the Board approved the pump and haul permit for Jeff McDonald, 463A Stephenson Road. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION ( #072 -12) RE: ECONOMIC DEVELOPMENT ACCESS FUNDING APPLICATION CARMEUSE - APPROVED Supervisor DeHaven advised that he would be abstaining from consideration of this item. Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 Deputy Planning Director - Transportation John Bishop appeared before the Board regarding this item. He advised the County was seeking economic development access funds for the recently announced Carmeuse improvements. The funds would be used to improve the intersections of Brucetown Road and Hopewell Road and Route 11. He advised staff would be applying for the maximum allowed and would also be looking at private or proffer dollars to match the $150,000 needed to get an additional $150,000. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the resolution regarding the Economic Development Access Funding Application for Carmeuse. WHEREAS, Carmeuse has acquired property for the purpose of economic development use located off of Route 11 in the County of Frederick, Virginia, for the purpose of economic development; and WHEREAS, the subject property does not have adequate access commensurate with the expected economic development investment; and WHEREAS, the County of Frederick hereby guarantees that the necessary environmental analysis, mitigation, fee simple right -of -way and utility relocations or adjustments, if necessary, for this project will be provided at no cost to the Economic Development, Airport and Rail Access Fund; and WHEREAS, the County of Frederick acknowledges that no land disturbance activities may occur within the limits of the proposed access project prior to appropriate notification from the Department of Transportation; and WHEREAS, the County of Frederick hereby guarantees that all ineligible project costs and all costs not justified by eligible capital outlay will be provided from sources other than those administered by the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees to provide a surety bond, acceptable to and payable to the Virginia Department of Transportation in the full amount of the Commonwealth Transportation Board's allocation less eligible private capital outlay credit determined by VDOT; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on Route 11 within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Frederick County secondary road system of state highways. ADOPTED this 13 day of June, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye. Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Minute Book Number 37 Board of Supervisors Regular Meeting of 06/13/12 Ross P. Spicer Aye Gene E, Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — DRAINFIELD . REQUIREMENTS FOR LARGE LOTS THAT ARE PART OF A MINOR RURAL SUBDIVISION - SOLUTION #073 -I2 - SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that staff received a request to include a drainfield exemption for lots (parent tracts) that are 20 acres or more in size and are part of a minor rural subdivision. He noted that currently the Subdivision Ordinance requires that all lots that are being subdivided be provided with a drainfield. This current requirement was put into place when agricultural lots were deleted from the Zoning Ordinance in 2009 as part of the Rural Areas Study. The DRRC endorsed the proposed changes. The Planning Commission agreed with the proposed changes and forwarded them to the Board for review. Chairman Shickle stated this was a tough call. Supervisor DeHaven stated it was wrong to create a parcel someone could not live on. He went on to say this is a "stretch" from where we thought we wanted to be. Chairman Shickle stated it was "probably worth running up the flagpole" because there was enough legitimacy to consider the request. Supervisor Spicer stated he supported sending this amendment forward. Supervisor Fisher had some concerns about the proposal, but thought it should be sent forward. Supervisor Collins agreed. Vice - Chairman Ewing and Supervisors DeHaven and Lofton agreed with sending it forward for public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 144, Subdivision of Land, Article V, Design Standards, 144.20 Sewer and Water Service. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 144 Subdivision of Land, concerning inclusion of a drainfield exemption for lots (parent tract) that are 20 acres in size or greater and are part of a minor rural subdivision. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 4, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on May 16, 2012 and recommended that a public hearing be held; and Minute Book Number 37 Board of Supervisors Regular Meeting of 06113/12 !< WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 144 concerning inclusion of a drainfield exemption for lots (parent tracts) that are 20 acres in size or greatest and are part of a minor rural subdivision. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to Chapter 144, Subdivision of Land, Article V Design Standards, 144.20 Sewer and Water Service. Passed this 13'' day of June, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye DISCUSSION OF PROPOSED ORDINANCE AMENDMENT — SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE RA RURAL AREAS DISTRICT — NO ACTION TAKEN Planning Director Eric Lawrence appeared before the Board regarding this item.. He advised staff received a request to change the setback for accessory structures in the RA (Rural Areas) District. This proposed amendment would allow the construction of one non - habitable accessory structure with the lesser setbacks, prior to the construction of the principal structure. This accessory structure could not contain any residential uses prior to the construction of the primary use and could not exceed 500 square feet in size. The DRRC and Planning Commission agreed with the proposed changes. They were being presented to the Board for review. Supervisor DeHaven stated he was okay with the request. Vice- Chairman Ewing thought the square rootage was too small and it should be at least 500 square feet. Supervisor DeHaven stated he had no issues with 500 to 500 square feet. He went on to say he thought there were always opportunities for someone to abuse the requirements. Chairman Shickle stated he could not support the proposal, because consideration had to be given to the adjoining property owners. Supervisor Fisher stated he was not ready to send this proposal forward for public hearing. After some discussion, the Board consensus was this item was not ready for public hearing. Minute Book Number 37 Board of supervisors Regular Meeting of 06/13/12 332 Director Lawrence advised that he could take the item back to the committee for further review and changes. The Board took no action on this item. ROAD RESOLUTION #074 -12 — LAMP ESTATES — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easement for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Administrator Riley reminded the Board of the June 20, 2012 legislative luncheon to be held at Blue Ridge Shadows Holiday Inn, if any member wanted to attend and espouse the County's legislative agenda. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:20 P.M.) Minute Book Number 37 Board of Supervisors Regular Meeting of 06113112 - v Richard C. Shickle Chairman, Board of Supervisors Merk, Board of Supervisors Minutes Prepared By: F— - Jay E. ' ib s Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors ReguIar Meeting of 06/13/12