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HomeMy WebLinkAboutDecember 12 2012 Regular Meeting Minutes1521 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 12, 2012, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; and Ross P. Spicer. ABSENT Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. "ML Tflff "1 1130 Reverend Phil Roby, Amazing Grace Fellowship Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Public Safety Committee Report — Tab H; - Technology Committee Report — Tab I; and - Transportation Committee Report — Tab J. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Minute Book Number 38 Board of Supervisors Regular Meeting of 1211Z/12 153 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 Absent CITIZEN COMMENTS Jay Marts, Gainesboro District, noted this was Supervisor. Spicer's last board meeting and he thanked him for his representation of the Gainesboro District. He then noted the number one priority for Frederick County Public Schools is employee pay increases and more employees. He stated the same was true for Fire and Rescue. He asked how much is enough and is there a top on the amount of government we need. He asked the Board to reduce the tax rate to $0.545 and advised that he had sent the Board petitions with a number of signatures asking that the rates be reduced. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Collins, the Board approved the minutes from the November 14, 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 Absent Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved the minutes from the November 14, 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 Absent COUNTY OFFICIALS HISTORIC PLAQUE PRESENTATION — RITES CHAPEL UNITED METHODIST CHURCH Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 154 Chairman Shickle presented representatives from Hits Chapel United Methodist Church with Historic Plaque #32, which acknowledged the architectural and historic integrity of the structure. The property is located at 150 Chapel Road, Middletown. EMPLOYEE OF THE MONTH AWARD - (RESOLUTION #028 -12) - APPRnVF.D Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Eddie K. Kenney as Employee of the Month for December 2012. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Eddie K. Kenney, who serves as Maintenance Technician with the Northwestern Regional Adult Detention Center was nominated Employee of the Month; and WHEREAS, Eddie K. Kenney is being awarded for his loyalty and commitment to his position at the Regional Jail. On the night of June 29 a massive wind and electrical storm moved across the region causing a complete power outage at the facility; Eddie was called in to work at 11:00 p.m. and stayed throughout the night into Saturday afternoon to assist in the service issues even though his own home was without power. Eddie's selflessness is to be commended. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 12 day of December, 2012 that Eddie K. Kenney is hereby recognized as the Frederick County Employee of the Month for December 2012; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Eddie K. Kenney for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Eddie K. Kenney 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 Absent COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID ZIEGLER AS FREDERICK COUNTY REPRESENTATIVE TO THE SHENANDOAH AREA AGENCY ON AGING — APPROVED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Spicer, the Board appointed David Ziegler to fill the unexpired term of Cheryl Swartz as Frederick County representative to the Shenandoah Area Agency on Aging. Term expires September 30, 2014. (Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 155 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 Absent APPOINTMENT OF CHRISTOPHER OLDHAM TO THE HISTORIC RESOURCES ADVISORY BOARD AS MEMBER -AT -LARGE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board appointed Christopher Oldham as Member -At -Large to the Historic Resources Advisory Board. This is a four year appointment. Term expires January 12, 2017. 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 Absent RESOLUTION ( 4029 -12) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY CONCURRING WITH A FINANCING TO BE UNDERTAKEN BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGI NIA, TO BENEFIT SHENANDOAH UNIVERSITY. - APPROVED Chairman Shickle and Supervisor Fisher recused themselves from consideration of this matter. Chairman Shickle turned the gavel over to Vice - Chairman Ewing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the resolution of the Board of Supervisors of Frederick County concurring with a financing to be undertaken by the Economic Development Authority of the Town of Mount Jackson, Virginia, to benefit Shenandoah University. WHEREAS, the Economic Development Authority of the Town of Mount Jackson, Virginia (the "Authority "), has received an application from Shenandoah University, a not -for- profit Virginia non -stock corporation (the "University "), requesting the Authority to issue one or more series of Educational Facilities Revenue Bonds in an aggregate principal amount not to exceed $16,000,000 (the "Bonds ") to finance (a) the costs of constructing, improving and equipping (1) one or more capital improvements to be located on the portion of the University's main campus within the boundaries of the City of Winchester, Virginia, including without limitation, (A) a new Health Sciences building of approximately 50,000 - 55,000 sq. ft. (including classroom, office, laboratory, study, lounge, conference and event spaces), and (B) a new residential facility of approximately 28,000 to 40,000 sq. ft., (2) one or more capital improvements to be located on the portion of the University's main campus within the boundaries of the County of Frederick, Virginia (the "County "), including without limitation, a new athletic field house of approximately 95,000 to 120,000 sq. ft. (including athletic facilities, locker rooms and office space), and (b) certain related working. capital and issuance expenses incurred in connection with the issuance of the Bonds (collectively, the "Project "); and Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 1561 WHEREAS, Section 15.2 -4905 of the Code of Virginia of 1950, as amended (the "Virginia Code "), states that an industrial development authority may not finance facilities in another jurisdiction that has created its own industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code ") requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bonds is located approve the issuance of such Bonds; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bonds; WHEREAS, on December 10, 2012, in accordance with the requirements of Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, the Authority held a public hearing and adopted a resolution (the "Resolution "), a copy of which has been filed with the records of the Clerk of the Board of Supervisors of the County; WHEREAS, the University has requested the Board of Supervisors of the County to express its concurrence with the Resolution so that a portion of the net proceeds of the Bonds may be loaned to the University to finance a portion of the Project to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA; 1. The Board of Supervisors hereby approves the issuance of the Bonds by the Authority for the benefit of the University, as required by Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required by Section 15.2 -4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bonds to the University to finance the portion of the Project to be located in the County. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the University. As required by Section 15.2 -4909 of the Virginia Code, the Bonds shall provide that the County will have no obligation to pay the Bonds or the interest thereon or other costs incident thereto. 3. All acts and doings of the officers of the County and members of the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 4. This Resolution shall take effect immediately. ADOPTED this 12 day of December, 2012. Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S, DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Abstain Gary A. Lofton Absent CODE AND ORDINANCE COMMITTEE REPORT OF OCTOBER 26 2012 _MEETING — PROPOSED REVISIONS TO COUNTY CODE CHAPTER 155, TAXATION — SENT FORWARD FOR PUBLIC HEARING Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12111 157 Administrator Riley advised that staff wanted to provide clarification to the Board regarding these proposed revisions to the County Code. He then asked County Attorney Williams to address this item. County Attorney Williams advised the Board discussed this item at its November meeting and many of the board members had questions regarding the proposed amendments. He referred the Board to the memo contained in their agenda packet, which outlined the proposed changes: - Signature and informational requirements for tax returns; other requirements. - Interest on machinery and tools tax. It was noted the Treasurer's Office reported the County collected less than $100 per year in interest on this tax over the past three completed calendar years. - Enforcement procedures. - General business license provisions. - Junk Dealers /Pawnbrokers/Precious Metals Dealers. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board forwarded the proposed revisions to County Code Chapter 155, Taxation forward to public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED - - Administrator Riley advised this was a request to authorize the Treasurer to refund Aloft Hotel the amount of $7,665.00 for correction of mathematical errors in filing and payment of meals taxes by the company. Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the Board approved the above refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 1581 COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Monday November 26, 2012 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Chairman Gary Lofton, Ron, Wilkins, Chuck Torpy, Chris Collins, and Michael Lindsay. Members absent were: Gene Fisher. Also in attendance were County Administrator John Riley, Public Safety, Fire & Rescue Association President Tim Price, Sheriff Robert T. Williamson, County Attorney Rod Williams, Fire Chief Denny Linaburg and Deputy Emergency Management Coordinator Chester Lauck. The following item was discussed: ** *Information Only * ** 1. Expense Recovery Program See Attached The Committee reviewed and discussed the Expense Recovery Plan (Revenue Recovery) which entailed the current MOU, dividing of funds recovered by the program, and its impact on the 11 volunteer companies. The Committee agreed on the distribution of the revenue collections, the soft billing as outlined previously, and the general terms of the MOU. An approximate 3% additional fee would be added to cover medical supply reimbursement, cited Chief Lauck. There was concern expressed as to how the revenue (i.e. general fund, F &R fund,) would be allocated once recovered. Upon a motion by Chairman Lofton, seconded by Mr. Lindsay, the Committee unanimously voted to move the issue of Expense Recovery to the Finance Committee, where, the Public Safety Committee would discuss the financial aspect of the monies allocated with the Finance Committee. This meeting would also help to develop a system to mange and track funds that are collected from the Expense Recovery Program which would be allocated to a separate fund until the success of the program can be measured. With the Finance Committees involvement and endorsement, the Expense Recovery plan would then move to the Board of Supervisors for action and be a part of the budget preparation for the next fiscal year. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 9:30 a.m. TECHNOLOGY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, December 5, 2012 at 8:15 am, in the i S t F 1 o o r C o n f r e n e e Room, County Administration Building 107 N. Kent St., Winchester, Virginia. Present were Brian Madagan, Private Citizen, Lori Sutton, Private Citizen, John Riley, Frederick County Administrator, Chuck DeHaven, Frederick County Board of Supervisors, Kris Tierney, Frederick County Assistant Administrator, Walter Banks, Director of IT, and Alisa Scott, Administrative Assistant. Not in attendance were Gary Lofton, Frederick County Board of Supervisors and Bill Ewing, Frederick County Board of Supervisors. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items NOT Requiring Board Action * ** Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12112 159 1. Old Business A. Comcast Redundancy Update. After a productive Comcast meeting of which Mr. Riley was able to sit in on, we have learned that Comcast is in the process of installing a piece of equipment over the next two weeks that ensures that the single point of failure that was realized from Hurricane Sandy can be dealt with more quickly in that if one point breaks, Comcast is able to re -route the connection so that we will not lose phone and internet connectivity. Please note that we are still subject to connectivity loss due to circumstances out of our control, but that loss time will be shorter. We are now registered with Homeland Security's TSP which ensures strict penalties to the provider should we not have a quick connection of phone and internet after such a disaster. B. Vo1P RFP Update: The Combined Matrix provided shows the two finalists from the 13 responses from our VolP RFP; Blue Door and DISYS. Of the 13 responses we were quickly able to narrow down to 3 finalists. One solution was all CISCO; one solution was a combination of two technologies, Shortel and Extreme Network Switches, and the last solution was a very new and all software based solution, 3CX. 3CX was eliminated because of the steep learning curve of our County staff to actually use the phone because it would mean using their computer instead of their phone and the impact on our staff in the field. The Extreme Switching and Shortel phone solution was a very good solution but we realized during the interview phase that they did not have great redundancy and mobility solutions included in the original proposal and that these features were an add -on. Finally, the CISCO solution featured the best incorporation of current technology into our existing telephony operations. They featured the best redundancy and mobility features included in the cost. Mr. Banks has been in touch with D19YS to further negotiate the cost. Mr. DeHaven motioned the following: I move that the Technology Committee recommend acceptance of the Voice Over IP proposal from DISYS Solutions, Inc. and direct staff to enter into contract negotiations to establish a final price and, once the final price has been secured, this proposal be sent to the Finance Committee to request a supplemental appropriation to fund the project. The motion was seconded by Mr. Madagan. C. Broadband Consulting RFP Update: This particular RFP does not cost the County money because we have received a grant from the Virginia Department of Housing and Community Development for $25,000. The awarded Consultant will reach out to the community, survey, and provide their recommendation for broadband technology. The County has procured a service learning group that will be working on setting up school events where the parents talk about the importance of effective use of broadband technology on education. The goal is to create an overall vision by showing citizens what the County is doing to pursue the different broadband technology venues and encourage them to speak out about how broadband is an important piece of education and healthcare. Mr. Riley suggested that James Wood provides the largest outreach. D. Comments /Questions Mr. Dehaven mentioned that the Juvenile Detention Center was in need of IT Assistance and he would call Jim to confirm needs and how the County could assist. 2. Meeting adjourned. The next meeting will be Wednesday, January 2 2013. We will confirm one week prior. TRANSPORTATION COMMIT'T'EE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on December 3, 2012 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Mark Davis (liaison Middletown) Gene Fisher (voting) Bryon Grigsby (voting) Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12112 James Racey (voting) Christopher Collins (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) ** *Items Requiring Action * ** None. ** *Items Not Requiring Action * ** 1. Aylor Road Realignment At the request of an impacted property owner, the Transportation Committee reviewed potential alternatives to the currently adopted alignment. The Committee discussed the issue at length and the consensus was reached to keep the currently adopted alignment. Alternatives are attached and the currently adopted alignment is Option A. 2. Route 277 Upgrades VDOT updated the Committee on the progress of the design for the upgrades to Route 277 and indicated that public meetings are being planned for the spring. PUBLIC HEARING PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, TO REPEAL, IN ITS ENTIRETY, CHAPTER 104, JUNK DEALERS AND PAWNBROKERS; AND REPEAL, IN ITS ENTIRETY, CHAPTER 130, PRECIOUS METALS AND GEMS. THE PURPOSE OF THIS AMENDMENT IS TO ELIMINATE COUNTY ORDINANCE PROVISIONS THAT HAVE BECOME INCONSISTENT WITH SUBSEQUENT AMENDMENTS TO STATE LAW. THE COUNTY ORDINANCE PROVISIONS ARE NO LONGER NECESSARY BECAUSE THE SUBJECT MATTER OF THE COUNTY ORDINANCE PROVISIONS IS ALREADY COVERED BY STATE LAW. - APPROVED Administrator Riley advised this was an ordinance to amend the Frederick County Code, to repeal, in its entirety, Chapter 104, Junk Dealers and Pawnbrokers; and repeal in its entirety, Chapter 130, Precious Metals and Gems. The purpose of this amendment is to eliminate county ordinance provisions that have become inconsistent with the subsequent amendments to State law. The County Ordinance provisions are no longer necessary because the subject matter of the County Ordinance provisions is already covered by State law. 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 of Supervisors of the Frederick County, Virginia hereby ordains that Chapter 104 (Junk Dealers and Pawnbrokers) and Chapter 130 (Precious Metals and Gems) of the Code of Virginia be, and the same hereby are, repealed in their entirety. The purpose of this amendment is to eliminate county ordinance provisions that have become inconsistent with subsequent amendments to state law. Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 M The county ordinance provisions are no longer necessary because the subject matter of the county ordinance provisions is already covered by state law. Enacted this 12 day of December, 2012. 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 Absent PUBLIC HEARING - CONCURRENT RESOLUTION (BOARD RESOLUTION ##030 -12 ) OF THE COMMON COUNCIL OF THE CITY OF WINCHESTER AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY VIRGINIA TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK - WINCHESTER SERVICE AUTHORITY. THE AMENDMENTS TO THE ARTICLES OF INCORPORATION OF THE FREDERICK - WINCHESTER SERVICE AUTHORITY WOULD DELETE THE FOLLOWING SENTENCE IN PARAGRAPH (F) OF THE AMENDED ARTICLES OF INCORPORATION DATED APRIL 13,1995: "EACH MEMBER SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THE MEMBER APPOINTED BY CONCURRENT ACTION MAY BE COMPENSATED NOT MORE THAN ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00) PER ANNUM." THE AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE FREDERICK - WINCHESTER SERVICE AUTHORITY WOULD FURTHER SUBSTITUTE THE FOLLOWING SENTENCE IN THE PLACE AND STEAD OF THE DELETED SENTENCE IN PARAGRAPH (F) OF THE _AMENDED ARTICLES OF INCORPORATION DATED APRIL 13,1995: EACH MEMBER OF THE AUTHORITY BOARD SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THE CHAIRMAN ELECTED BY THE MEMBERS OF THE AUTHORITY BOARD MAY BE COMPENSATED NOT MORE THAN TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) PER ANNUM, OR SUCH GREATER AMOUNT AS MAY BE DETERMINED BY RESOLUTION OF THE GOVERNING BODY OR BODIES WHICH ARE MEMBERS OF THE AUTHORITY." THIS AMENDMENT DOES NOT EFFECT A RESTATEMENT OF THE ARTICLES OF INCORPORATION. - APPROVED Administrator Riley advised this was a proposed amendment to the Articles of Incorporation of the Frederick - Winchester Service Authority to amend the terms of compensation for the chairman. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the concurrent resolution of the Common Council of the City of Winchester, Virginia, Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 16 and' the Board of Supervisors of Frederick County, Virginia, to amend the Articles of Incorporation of the Frederick - Winchester Service Authority. WHEREAS, by Concurrent Resolution of the City of Winchester (the "City ") and the Board of Supervisors of Frederick County (the "County ") and a Certificate of Incorporation issued by the State Corporation Commission pursuant to the Virginia Water and Waste Authorities Act (the "Act "), the Frederick- Winchester Service Authority (the "Authority ") was incorporated as a public body politic and corporate in 1974; and, WHEREAS, by a Concurrent Resolution of the Common Council of the City and Board of Supervisors of the County and a Certificate of Articles of Amendment issued by the Virginia State Corporation Commission, the Articles of Incorporation of the Authority were amended in 1983, 1985, 1987, 1995, and 2008; and WHEREAS, the City and the County desire to amend the amended and restated Articles of Incorporation dated August 26, 1987, as amended by Articles of Amendment dated April 13, 1995 as set forth hereinafter. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Winchester, Virginia and the Board of Supervisors of Frederick County, Virginia, in separate meetings assembled, that the Articles of Incorporation of the Frederick - Winchester Service Authority be amended in the following manner: The following sentence in Paragraph (f) of the Amended Articles of Incorporation dated April 13, 1995 is deleted: "Each member shall serve without compensation, except that the member appointed by concurrent action may be compensated not more than One Thousand Eight Hundred Dollars ($1,800.00) per annum." The following sentence is substituted in the place and stead of the sentence deleted above: "Each member of the Authority Board shall serve without compensation, except that the Chairman elected by the members of Authority Board may be compensated not more than Two Thousand Four Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by Resolution of the governing body or bodies which are Members of the Authority." This Amendment does not effect a restatement of the Articles of Incorporation. NOW, THEREFORE, BE IT RESOLVED that. the Articles of Incorporation, as amended in 1983, 1985, 1987, 1995, and 2008 shall in all other respects remain unchanged. These articles of Incorporation were approved by a Concurrent Resolution of the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, in separate meetings assembled, adopted by the City of Winchester, Virginia on , 20_, following a public hearing held , 20_, and adopted by the County of Frederick, Virginia on December 12, 2012, following a public hearing held on December 12, 2012. The above 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 Absent PLANNING COMMISSION BUSINESS Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 NZ REZONING — CARMEUSE NORTHERN QUARRY, PROFFER REVISION. - APPROVED Supervisor DeHaven abstained from consideration of this matter. Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to revise the proffers associated with Rezoning 0 1 -11 to modify the timing of the landscape buffer plantings. The Planning Commission reviewed this request and recommended approval. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved Rezoning #07 -12. WHEREAS, Rezoning 407 -12 Proffer Revision of Carmeuse NA, Clearbrook and Frederick County Parks & Recreation, submitted by Thomas Moore Lawson, Esquire, to revise the proffers associated with Rezoning #01 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2, was considered. The proffer revision, originally dated February 28, 2011, with final revision dated September 28, 2012, is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizens' convenience center. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, are located between the intersections of Route I 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44- A-83, 44- A -83A, and a portion of 33 -A -144. WHEREAS, the Planning Commission held a public meeting on this rezoning on October 17, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 12,2012; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #01 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2. The proffer revision is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizens' convenience center, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 12' day of December, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Abstain Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent DISCUSSION OF 2013 -2014 CAPITAL IMPROVEMENTS PLAN CIP . — SENT FORWARD FOR PUBLIC HEARING Minute Book Number 38 Board of Supervisors Regular Meeting of 12112112 164 Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a review of the 2013 -2014 Capital Improvements Plan (CIP). The Comprehensive Plans and Programs Committee found the CIP was in conformance with the Comprehensive Plan, This year's plan contains 86 projects and reinforces the connection between the CIP, the Comprehensive Plan, and rezonings. Some new projects include Indian Hollow Elementary School, an aquatics center, Abram's Trail, and the Route 277 project. He concluded by saying staff was seeking Board comments and direction regarding whether this plan is ready to be sent forward for public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board sent the 2013 -2014 Capital Improvements Plan (CIP) forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent DISCUSSION OF ORDINANCE AMENDMENT — REVISIONS TO THE RP (RESIDENTIAL PERFORMANCE) ZONING DISTRICT — (RESOLUTION 4031- 12) - SENT FORWARD FOR PUBLIC NEARING Senior Planner Candice Perkins appeared before the Board regarding this item, She advised these were proposed changes to the Residential Performance Zoning District, which would make the ordinance easier to understand, provide additional flexibility and housing options, bring it up -to -date with the current needs of the community, and conform to the 2030 Comprehensive Plan. She concluded by saying staff was seeking direction from the Board regarding whether this proposal was ready for public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Spicer, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning; Article W Agricultural and Residential District; Part 402 RP Residential Performance District, 165402.01 Intent, 165- 402.02 Permitted Uses, 165- 402.03 Conditional Uses, 165- 402.04 Number of Uses Restricted, 165- 402.05 Gross Density, 165- 402.06 Multifamily Housing, 165 - 402.07 Open Space Requirements, 16- 402.08 Recreation Facilities, 165 -402.09 Dimensional Requirements, 165- 402.10 Phased Development; Article II Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses; Part 203 Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 165 Buffers and Landscaping; 165- 203.01 Landscaping Requirements; 165- 203.02 Buffer and Screening Requirements; Part 201 Supplementary Use Regulations, 165- 201.02 Setback Requirements; Article I General Provisions, Amendments, and Conditional Use Permits; Part 101 General Provisions; 165 - 101.02 Definitions and Word Usage. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, concerning revisions to the RP (Residential Performance) Zoning District. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended, on March 22, 2012, this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission and the Board of Supervisors were presented with the proposed changes at a joint work session on May 10, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes on July 25, 2012; and WHEREAS, the Planning Commission and the Board of Supervisors were presented with the proposed changes at a joint work session on November 14, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes on December 12, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience; general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 concerning revisions to the RP Zoning District. 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 the RP (Residential Performance) Zoning District as set forth in the heading of this Resolution. Passed this 12 day of December, 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 Absent DISCUSSION OF ORDINANCE AMENDMENT — PRIVATE STREETS IN THE RS SIDENTIAL RECREATIONAL COMMUNITY) ZONING DISTRICT. — REFERRED TO PUBLIC WORDS COMMITTEE Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow private streets in all R -5 (Residential Recreational Community) developments. Currently, this proposal is only permitted in age- restricted communities. ' This proposed amendment would allow the use of private streets within all developments in the R -5 District, but would require Board of Supervisors' approval. She noted Minute Book Number 38 Board of Supervisors Regular Meeting of 12112/12 166 this proposal has the potential to modify communities previously approved, but not proffered, as age - restricted and could introduce dwelling units that accommodate all ages. The impacts on the County's school system should be considered. She concluded by saying staff was seeking direction from the Board regarding whether this proposal should be sent forward for public hearing. Chairman Shickle suggested the Public Works and Transportation committees might want to look at this proposal regarding potential impacts. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board referred this item to the Public Works Committee for their review. DISCUSSION OF ORDINANCE AMENDMENT — SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE RA (RURAL AREAS) DISTRICT. -- (RESOLUTION 4032 -12) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to allow a setback exemption for accessory structures in the RA (Rural Areas) Zoning District. This proposal has been discussed by both the Board and Planning Commission. She noted the Board felt the size of the accessory structure should be increased from 500 square feet to 600 square feet. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning; Article IV; Agricultural and Residential Districts; Part 401 RA Rural Areas District; 165- 401.07 Setback Requirements. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. 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 - WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165-401.07 Setback Requirements. Passed this 12 day of December, 2012 by the following recorded vote; Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 167 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 Absent BOARD LIAISON REPORTS Chairman Shickle spoke about the inaugural meeting of the Business Friendly Committee. He was excited and pleased to see approximately 50 people turn out for this initial meeting. He thought the meeting went well. Supervisor DeHaven agreed. He thought the participants were excited and the meeting went well. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor DeHaven advised the BDAS has several concepts that merit study and he would like to have the committee look at a potential Comprehensive Plan amendment. John Light has volunteered his property as a potential study area. Supervisor Spicer thought that was an excellent suggestion. Supervisor Fisher supported this concept. Supervisor DeHaven stated he would formally bring the request back at a future board meeting. Supervisor Spicer took a moment to extend his gratitude to the citizens of the Gainesboro District for allowing him to represent them as a board member. He stated it had been a life changing experience. He went on to say that Frederick County was exceptionally lucky to have committed board members and he would miss his time on the Board. Vice- Chairman Ewing thanked Supervisor Spicer for his service on the Board. Chairman Shickle stated Supervisor Spicer had been a valuable asset and thanked him for his service. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:04 P.M.) Minute Book Number 38 Board of Supervisors Regular Meeting of 12/12/12 s • � Richard C. Shickle Jo Chairman, Board of Supervisors Cl, Board of Supervisors Minutes Prepared By: ` .fay E. 'fibig Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of 12 /1Z /12