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July 10 2013 Regular Meeting Minutesoar A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 10, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Pastor Mark Carey, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one addition to the agenda. He added a Resolution Honoring the Sherando High School Baseball Team as item number 10 under County Officials. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the agenda by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Qpequon Disirict Vacant CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report —Tab J; - Human Resources Committee Report —Tab K; - Public Safety Committee Report —Tab L; and - Resolution Honoring the Sherando High School Baseball Team -� Item 10. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 oar Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant C)1TTZEN COMENTS Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: We have had a busy agenda this evening. Many important actions. I very much appreciate the BUSINESS CLIMATE ASSESS CITIZEN COMMITTEE Report I want to highlight a few items that I believe align with the principles of Limited Government and Lower Taxes Business Attraction � Retention Subcommittee Report A recommendation (Individual Action Step #7] was to Assemble several people both from the county government and business sector and look into cutting government costs to the taxpayer. This would show that Frederick County understands business and their only solution is NOT to raise taxes but they can also cut expenses like any business is required to do in down turns. Land use and Development Subcommittee Recommendations concerning the Landscape Drdinance: Frederick County is still by land area a largely rural county &beautiful. There is no justification for the complexity and excess of current policy. It is insulting to think that the County legislates beauty by dictating these requirements forcing the use of excessive materials. ' Land Use Matters: Highlights the Elimination of the Master Development Plan process. The Core problem... 'the process drags on for many months while we debate the number of trees to be planted and the number of cars added to the line at the light during rush hour. ' `Frederick County is a gem of a business location and has the opportunity to attract & retain a lot of business. There is competition and we need to find ways to be even more attractive to win business and expansion. One solution is to copy the competition &throw money and freebies at the prospects — We just have to throw more. Unfortunately, this approach sends the wrong signal —what we have is not worthy enough to get your business so we must bribe you to do the right thing. A less costly � more effective solution... 'Time is Money'... make our fast track' supersonic...Add value, not cast. REMINDER: Just last year the County Budget was amended to increase our Property Taxes. This was to generate $3M to pay for across the board government employee salary increases. No budget cuts were made to ease the taxpayer burden. Now just in the last few months we have some expenditures being considered or already committed. Outside Agency Contributions $2,100, 000 Public Safety Overtime $ 400, 000 Minute Sook Number 39 Board of Supervisors Regular Meeting of 07/10/13 005 SunGard Software Implementation � 397, 420 Kraft Foods Global $ 325; 000 Navy Federal Credit Union $ 250, 000 McKesson Medical Surgical, Inc. $ 150, 000 �3,6lZ,4ZU It would appear that the direction of the County seems to be that of government expansion, over- regulation and higher taxes. I hope that you will give consideration to the comments provided by citizens &their committees. Thank you for the opportunity to address the board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the minutes from the June 12, 2013 regular meeting. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant COUNTY OFFICIALS APPOINTMENT OF OPEQUON MAGISTERIAL DISTRICT SEAT — ROBERT W. WELLS APPOINTED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board appointed Robert W. Wells to pill the vacant Opequon Magisterial District Seat until the special election to be held in November 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant PRESENTATION OF RESOLUTION OF APPRECIATION TO SILL M. EWING Chairman Shickle presented former Opequon District Supervisor Bill M. Ewing with a Resolution of Appreciation and gift in honor of his service an the Board of Supervisors. Minute Book Number 39 Board of Supervisors Regular Meeting of 47/10/13 �� EMPLOYEE OF THE MONTH AWARD (RESOLUTION #001 -13) _- LINDA L. HUFF APPROVED AS EMPLOYEE OF THE MONTH FOR JULY 2013. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Linda L. Huff as Employee of the Month for July 2013. 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, Linda L. Huff who serves the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and 'WHEREAS, Linda L. Huff is being awarded for her loyalty and commitment to her position as Food Services Supervisor. During the month of February, Linda was able to fill in for the Food Service Manager in her absence. Linda handled daily issues including request forrrls, diets, menu changes, orders, weekly billing, meal counts and other requirements. Linda learned and handled these responsibilities with ease, all while showing professionalism and ability to work as a team. She was also able to handle issues between multiple facilities within the building without utilizing overtime due to her willingness to adjust her persona] schedule when needed and work around her co- workers. Due to Linda's loyalty to the department and facility, the department was able io continue to operate efficiently. Linda is to be commended for her initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 10�' day of July, 2013 that Linda L. Huff is hereby recognized as the Frederick County Employee of the Month for July 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Linda L. Huf#' for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Linda L. Huff is hereby entitled to all of the rights and privileges associated with this award. Adopted July 10, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant COMMITTEE APPOINTMENTS REAPPOINTMENT OF TODD B. LODGE AND JOHN R. MARKER TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed Todd B. Lodge and Jahn R. Marker to the Conservation Easement Authority. This is a three year appointment. Term expires August 24, 2016 and September 26, 2016 Minute Book lYumber 39 Board of Supervisors Regular Meeting of 07l1p /13 oo� respectively. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant REAPPOINTMENT OF DR. NED M. CLELAND AS FREDERICK COUNTY REPRESENTATIVE TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven; the Board reappointed Dr. Ned Cleland as Frederick County representative to the Frederick - Winchester Service Authority. This is a three year appointment. Term expires August 31, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant KRAFT RESOUTION ( #002 -13) AND PERFORMANCE AGREEMENT - eppunvF.n Administrator Riley advised this was a resolution approving a Performance Agreement and the appropriation and payment of $325,000, in installments, to Kraft Foods Global, Inc. to assist in expanding their operations in Frederick County. The company is proposing to invest $25,000,000 and create 25 jobs as part of this expansion.. He noted the County's payment would be recouped in two years. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the Performance Agreement and appropriation and payment of the Local Economic Development Incentive Grant. WHEREAS, KRAFT FOODS GLOBAL INC has made known its intent to expand its operation by making new taxable real estate and personal property investments and retain and create jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Policy as established by the Winchester - Frederick County Econamio Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $325,000.00 in installments as stated in the executed Performance Agreement to the Industrial Development Authority of Frederick County, Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 er; Virginia from the Frederick County's Fund Balance to assist in expanding the operation for KRAFT FOODS GLOBAL INC in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors far the County of Frederick, Virginia, does authorize the County Administrator io execute the Performance Agreement on its behalf. ADOPTED, this 10th day of July 2013. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant MCKESSON RESOLUTION � #_003 -13} AND P_ER_ FORMANCE AGREEMENT - APPROVED Administrator Riley advised this was a resolution approving a Performance Agreement and the appropriation and payment of $15x,000 from the Governor's opportunity Fund to McKesson Medical�Surgical, Inc. to assist in constructing, equipping, and operating their facility in Frederick County. The company is proposing to invest $39,600,000 and create 205 jobs as part of this project. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the Performance Agreement and appropriation and payment of the Governor's Development Opportunity Grant. WHEREAS, MCKESSON MEDICAL - SURGICAL 1NC. has made known its intent to locate a new distribution operation by making new taxable real estate and personal property investments and retain and create jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Policy as established by the Winchester- Frederick County Economic Development Commission in 1995; BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve and appropriate the payment of $150,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Governor's Opportunity Fund to assist in locating a distribution operation for MCKESSON MEDICAL - SURGICAL INC. in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. Minute Baoic l�nmber 39 Board of Supervisors Regular Meeting of 07/10/13 ��• ADOPTED, this 10`x' day of July 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant CORRESPONDENCE FROM TOWN OF MIDDLETOWN RE: BOUNDARY AD.TUSTMENTIZONING INSPECTIONS — CHAIRMAN AND COUNTY ADMINISTRATOR TO MEET WITH MAYOR TO DISCUSS RE EUST. The Board received correspondence from the Town of Middletown regarding the friendly boundary line adjustment. The Board consensus was for Chairman Shickle and Administrator Riley to meet with the mayor to discuss issues for clarification. COMMISSIONER OF THE REVENUE REFUND RE VEST - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to approve a supplemental appropriation and authorize the Treasurer to refund Penske Truck Leasing Co. the amount of $6,798.44 for proration or exoneration of vehicles and registration fees in the normal course of business for 2012. Upon a motion by 5upervisar Hess, seconded by Supervisor DeHaven, the Board approved the above refund request by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant Administrator Riley advised this was a request from the Commissioner of the Revenue to approve a supplemental appropriation and authorize the Treasurer to refund Penske Truck Leasing Co. the amount of $6,673.40 for proration or exoneration of vehicles and registration fees in the normal course of business for 2013. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the above refund request by the following recorded vote: Richard C. Shickle .. Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Miuute Boak Number 39 Board of Supervisors Regular Meeting of 07/10/13 01 c Opequon District Vacant REFERRAL OF UNSOLICITED PROPOSAL UNDER THE PUBLIC - PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 TO THE PUBLIC WORKS COMMITTEE FOR EVALUATION AND NEGOTIATION OF A COMPREHENSIVE AGREEMENT — SOLUTION #004 -13 - APPROVED Administrator Riley advised the Board did not receive any competing proposals for a new county office building, so the only proposal for consideration is the original unsolicited proposal. He stated staff was requesting the Board refex the unsoiicited proposal to the Public Works Committee far evaluation and begin negotiations of a Comprehensive Agreement. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the resolution referring the unsolicited proposal under the PubliaPrivate Education Facilities and Infrastructure Act of 2002 to the Public Works Committee for evaluation and negotiation of a comprehensive agreement. WHEREAS, the County has .received an unsolicited proposal under the Public_ Private Education Facilities and Infrastructure Act of 2002 ( "PPEA "), Va. Code §56- 575.1, et sea•, from Frederick County Center, LLC to provide financing for, land for, and design and construction of anew County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and WHEREAS, the Frederick County Board of Supervisors accepted for consideration by County, the PPEA proposal of Frederick County Center, LLC, to provide financing for, land far, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, and directed that the County solicit competing proposals for the financing far, Iand far, and design and construction of anew County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, with such new building being located in the County and being approximately 150,000 square feet in size; and WHEREAS, the Board authorized the County Administrator to cause • an appropriate Notice to be issued and published, as required by the PPEA and the County's PPEA procedures, and to cause an appropriate Receipt of Unsolicited PPEA Proposal and Solicitation of Competing_ Proposals to be issued; and WHEREAS, the rune 25, 2013 deadline for receiving Competing Proposals passed and no Competing Proposals were received. WHEREAS, the Frederick County Board of Supervisors has determined that proceeding with evaluation and negotiation of a Comprehensive Agreement under the PPEA initiated by acceptance far consideration of the unsolicited proposal, submitted by Frederick County Center, LLC, to provide financing fox, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, using the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, is appropriate and justified and that use of "competitive negotiation" procedures under the PPEA for this procurement is likely to be advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, and/or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available. NOW THEREFORE BE IT RESOLVED, that the County use the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, as reflected in the Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 �� ! referenced Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals for unsolicited proposal of Frederick County Center, LLC; and BE IT FURTHER RESOLVED, the Unsolicited PPEA Proposal of Frederick County Center, LLC, be xeferred to the Public Works Committee for further evaluation and negotiation of a Comprehensive Agreement. ADOPTED this 10`h day of July, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant RESOLUTION IN HONOR OF THE 2013 GROUP AA STATE CHAMPIONSHERANDO HIGH SCHOOL WARRIORS BASEBALL TEAM — APPROVED UNDER CONSENT AGENDA WHEREAS, Sherando High School opened its doors in 1993; and. WHEREAS, during the ensuing twenty years, its athletic teams have become some of the best in the District and the State; and WHEREAS, the Sherando High School Baseball Team achieved the pinnacle of greatness by winning the 2013 Group AA State Championship and f nishing the season with a record of 26 -1; and WHEREAS, Coach Pepper Martin, his staff, and the Sherando High School Baseball Team represented this community with distinction and honor throughout the State Baseball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work, dedication, true sportsmanship, team spirit, and a "total team effort ", which has brought favorable recognition upon themselves, their school, and their community. NO�?V, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2013 Sherando High School Baseball Team far a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 10th day of July, 2013. COMMITTEE REPORTS FREDERICK COUNTY BUSINESS CLIMATE ASSESSMENT CITIZENS' COMMITTEE — REPORT ACCEPTED Administrator Riley presented the following report from the Frederick County Business Climate Assessment Citizens' Committee. On behalf of Frederick County, I want to thank all of the committee members and staff for their time and energy and for the serious and thoughtful approach they brought to this initiative. We believe this was the ultimate demonstration in government transparency, as Frederick Minute Book Number 39 Board of Supervisors Regular Meeting of 07!10113 0� 2 County allowed members of the business community to review and critique our organization and processes. We hoge you found it to be a rewarding and educational experience. We look forward to evaluating all of the recommendations and working together to ensure Frederick County remains open for business. Attached please f nd the executive summary and full list of recommendations developed by the various subcommittees during Frederick County's business friendly exercise, BACKGROUND In the current economic climate, it is vitally important that local governments create the catalyst for businesses in their communities to grow and prosper. With this statement in mind, the Board of Supervisors, in October 2012, formed the Frederick County Business Climate Assessment Citizen Committee or Business Friendly Committee to evaluate the current processes and procedures being used by local government. This effort was not intended to be a criticism of what local government is currently doing, but a search for, and understanding of, the ways that Frederick County Government can be more responsive and better meet the needs of new and existing businesses in today's world. .Approximately 50 representatives from the business community participated in this endeavor. The participants were divided into four subcommittees, which addressed the following topics: - Land Use and Development - Taxes, Assessments, Fees, and Services - Business (Large and Small) Attraction and Retention - Local Procurement of Services. The kick -off meeting for this initiative was held on December 11, 2012. At this meeting, participants were introduced to their respective staff contacts and given a brief overview of Frederick County Government. Following the kick -off meeting, the subcommittees met numerous times between January and May 2013 and developed a list of recommendations. Staff has received the list of 6S recommendations from the subcommittees, which are included in this report. DOMINANT THEME Public Outreach and Promotion of Frederick Coun Many of the recommendations did not focus on Frederick .County operations, but rather promotion of Frederick County as a business destination. Examples included: hiring a PR firm to promote Frederick County, hire an advertising agency to promote Frederick County interests in various media, and studying the need to create a public information officer position. One of the more cost effective approaches to promoting Frederick County was the recommendation to install signage along Interstate S1 and major routes entering Frederick County stating Frederick County is Open far Business. This initiative would show Frederick County is a positive business partner and could help provide the County with a marketing advantage. Should the Board wish to evaluate this recommendation, staff would recommend this item be referred to the Transportation Committee for further consideration. RECOMMENDATIONS The following are three recommendations which overlapped two to three of the subcommittees. Those recommendations dealt with the completion of Route 37, establishment of an Economic Development Authority, and customer service training. Connpletion of Route 37 It was recommended that efforts be made to complete Route 37. Cornpletian of Route 37 would encourage business expansion opportunities along Routes SO East/West, S22 North/South, 11 North/South, and Route 7. It was further suggested a committee be established to focus solely on Minute Book Number 39 Board of Supervisors Regular Meeting of 071]0113 the completion for Route 37 East. The County was also recognized for is savvy in using matching funds to facilitate the completion of project. Economic Development Authority On October 24, 1967 Frederick County created the Industrial Development Authority of the County of Frederick, Virginia. The purpose of the IDA is to permit the Authority to acquire, own, lease, and dispose of properties, promote industry and develop trade by inducing manufacturing, industrial, and governmental enterprises to locate or to remain in the Commonwealth, and to further the use of its agricultural products and natural resources; health, welfare, convenience and prosperity. The Frederick County IDA issues tax - exempt revenue bonds to finance certain types of facilities and handles dixect incentives to businesses. The powers and authorities of an industrial development authority and an economic development authority are the same. The change from and IDA to an EDA would provide the Board with an opportunity to re- establish the economic development vision for the county and provide the flexibility to pursue a variety of business attraction and retention options and strategies for implementing a diversified economic development strategy. Should the Board wish to pursue this recommendation, consideration should be given to the role of the EDA and its relationship to the Economic Development Commission. Customer Service Training It was recommended that county employees working the front. lines (e.g. phones, information desks, etc.} should attend a professionally outsourced customer service seminar focusing on diffusing hostility in a customer and resolving problems for the customer. The committee members recognized that dealing with the public can be a difficult task and not everyone might have the ability or tools necessary to diffuse a hostile customer ar deal with an irrational complainant. Should the Board wish to pursue this recommendation, staff will work with the HR Department to secure outside customer service training for the "front line' county staff. COMMITTEE PRIORITIES As stated previously, there was surprisingly little repetition of recommendations between the four subcommittees. The next portion of this report will look at two or three recommendations from each subcommittee. Taxes= Fees, and Assessments Committee 1. Web Service Advertisement Frederick County has made great strides in offering web based services for billing and payment of fees and taxes, which save the County time and money. The committee recommends an organized and focused public awareness, advertisement, incentive, and education program to promote the use of web based services within Frederick County. One suggestion included advertising services via inserts in current tax bills, which provide step by step instructions regarding the use of online services. 2. Cross Department System Capability and Utilization There is a need far better cross - department information sharing. The committee recommends the County look at ways to utilize existing technology in a way that allows any department to access information about a customer's open activities. This would allow customers to make payments in one location rather than visiting two or three different departments to make the same payments. The cross - department system capability could lead to the elimination of some duplicated work performed by various departments. 3. Permit and Development Fee Comparison Study Minute Sook Number 39 Board of Supervisors Regular Meeting of 07/10/13 01� The Committee recommends a cost analysis comparison of business permits, fees, and other development review fees in Frederick County to surrounding localities be completed every five years. The study results should be provided to the EDC for comments. The final study should be provided to the Planning Commission for a recommendation to be forwarded to the Board of Supervisors. Local Procurement Subcommittee I. Implementation of Lean Effort The Committee recommends implementation of a lean effort or process improvement analysis for doing business with the County and its related parties focusing on how local merchants conduct business with and sell to Frederick County. 2. Improve Communication and Education of Local Vendors The Committee recommends continuing process improvements for communicating with and educating current and potential local vendors. This could be accomplished by providing information packets to vendors at their time of issuance or renewal of Their business license, web links with other County offices, and/or completion of website improvement efforts. 3. Streamlined and Uniform Processes for Doing Business with the County The Committee recommends development of uniform processes for doing business with the County and its related parties, to include Frederick County Public Schools. Currently procurement processes are different for many parts of the County. The streamlining and uniformity of these processes, where applicable, would facilitate the participation of local vendors in the procurement process. Land Use and Development Subcommittee 1. Elimination of the Master Development Plan Process The Committee recommends elimination of the Master Development Plan process because this process is incorporated in other existing ordinances and has resulted in a duplicative process. Should the Board wish to explore this recommendation further a re- evaluation of the current Master Development Pian process would be appropriate. 2. Redaction in Proffer Requirements The Committee recommends a reduction in proffer requirements for future rezoning applications, as well as amendments to existing proffers to create viable projects that will deliver needed transportation improvements and other benefits. The economics of the current pro %r model or development impact model do not allow for the construction. Upon the committee's examination of the model it was determined that there are a numerous capital items contemplated and incorporated into the model, but those projects are not being built in the current year. Tt is not anticipated these government capital projects will be built at any time in the near future, if at all. Further, the Proffer lVlodel does not fully account for business, personal property tax, and other revenue that is significant benefit to Frederick County in addition to property taxes. Should the Board wish to explore this recommendation further, a re- evaluation of the current Development Impact Model taking into account current economic conditions would be appropriate. 3. Simplify the Landscape Ordinance The Committee recommends a complete review and re- evaluation of the Frederick County Buffers and Landscaping Ordinance to provide a well defined purpose to allow for flexibility in project site landscaping, tree preservation, and effective development buffers. Additional recommendations concerning this ordinance can be found in the memorandum from Scot W. Marsh dated May 2, 2013, which is included in the Appendices of this report. Minute Book Number 39 Board of Supervisors Regular Meeting of 47/14/13 Q� 15 Business Attraction and Reten #ion Subcommittee Business Retention 1. Development of an Available Workforce with Needed Skill Sets. The Committee identified an available workforce with needed skill sets as a primary catalyst for retaining businesses. The Committee recommends working with the local junior high, high school, and college level school systems to help students identify potential skill sets needed in the community. One method of achieving this goal would be through the use of cluster groups to help local businesses work together with Lord Fairfax Community College and Shenandoah University to identify the classes and degrees needed for local jobs. In addition, there is a need to address the skill sets that are generally associated with technical skills. Representatives from the business community could also visit junior high and high schools to talk about careers. This could be the catalyst for student visits to local businesses ox possible summer employment opportunities. Finally, the promotion of a "Returning Professional Scholarship" could be used to raise awareness to local students of local professional opportunities. Busixess Attraction 2. Development and Maintenance of a Catalog of Available Property for Potential Development The Committee identified the Lack of "identified" land for development and expansion as a weakness in the area of business attraction. The Committee recommends the development and maintenance of a system to catalog property available for development. The format of this proposed system was unclear as was the department chat would serve as the repository for this information. Should the Board wish to pursue this recommendation, it would be appropriate for the department charged with maintaining this information to make this information available to other departments (e.g. Planning, EDC, etc. }. Tourism & A�rieulture 3. Creation of Direct Marketing Brochure for Buy Fresh/Buy Local The Committee identified the promotion of agribusiness as a priority. It was noted the area was moving away from apple processing to direct marketing and local agriculture is a drawing card. The Committee recommends the development of a comprehensive, direct marketing brochure that addresses all buy fresh/buy local products in Frederick County. OTHER RECOMMENDATIONS In addition to those recommendations stated above, other recommendations focused on expansion of educational opportunities such as a Frederick County campus for Shenandoah University or the expansion of Shenandoah University programs to include a law school. The entire list of recommendations is attached for your review. While we did not elaborate on all recommendations, the Board is encouraged to carefully review the entire list and advise staff if there are other recommendations they feel merit additional consideration and study. CONCLUSIONS After reviewing the various subcommittee reports and speaking with the chairmen of the subcommittees, we are pleased to report, overall, that Frederick County is a business friendly locality. Many of the participants were pleased to find the County in a good operating position. Our tax structure was seen as neither a benefit nor a deterrent for business. The County received praise for saliciting this feedback. It was noted that most localities would be "too timid" to undertake such a process as this. Other committees hoped this was a beginning effort to make Frederick County business friendly and that the process would continue. On behalf of Frederick County, I want io again thank all of the committee members and staff for Minute Book Number 39 Board of Supervisors Regular Meeting of Q7110I13 their time and energy and for the serious and thoughtful approach they took to this initiative. This was the ultimate demonstration in transparency, allowing citizens to review and critique our business processes and we hope you found it to be a rewarding and educational experience. We look forward to evaluating all of the xecommendations and working together to ensure Frederick County remains open far business. The Board's consensus was for Chairman Shickle and Administrator to review the recommendations within the report and refer them to the various committees and commissions for further evaluation. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board accepted the Frederick County Business Climate Assessment Citizens' Committee report. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gaxy A. Lofton Aye Opequon District Vacant PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 11, 2013. Members present were: Marty Cybulski, Ronald Madagan, Greg Brondos, Kevin Anderson, Patrick Anderson, and Gary Longerbeam. Members absent were: Charles Sandy, Jr. and Christopher Collins. Items Requiring Board of Supervisors Action: 1. None Submitted far Board Information 1. Recreation Reserve Fund Policy — Mr. Madagan moved to adopt the Recreation Reserve Fund Policy as submitted at this meeting, second by Mr. Longerbeam, motion carried unanimously (b -0). The Recreation Reserve Fund Policy will be forwarded to the Finance Committee. Please find attached a copy of the Recreation Reserve Fund policy. HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, June 7, 2013 at 5:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Chris Collins, citizen member Dorrie Green and citizen member Beth Lewin. Committee member absent was citizen member Barbara Vance. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, County Attorney Rod Williamson, and DSS Administrative Manager Delsie Butts. ** *Items Requiring Action * ** I. There are no items that require action from the Board of Supervisors. ** *Items Not Requiring Action * ** 1. An Overview of the County Benefits. Minute Book Number 34 Board of Supervisors Regular Meeting of 07/10/13 0�7 The HR Director provided a general overview of the benefits offered to full time employees. 2. A Discussion to Determine Schedule for Committee to Review Responsibilities of Its Charter. The Committee agreed upon the schedule of topics and requested the HR Director to link the schedule to specific months of the year. There being no further business, the meeting was adjourned. Due to the Fourth of July holiday, the meeting in July has been canceled. The next HR Committee meeting is scheduled for Friday, August 2, 2013. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Tuesday July 2, 2013 at 9:00 a.m. at the Frederick County Public Safety Building, 10$0 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy and Gene Fisher. Members absent were: Chris Collins and Michael Lindsay. Also in attendance were County Administrator John Riley, Public Safety Communications Director LeeAnna Pyles, Fire &Rescue Chief Denny Limburg, Deputy Fire Chief Larry Oliver, County Attorney Rod Williams, Deputy Fire Chief Bill Bawmaster, Human Resources Director Paula Nofsinger and Sheriff Williamson. The following items were discussed: ** *Items Nat Requiring Action * ** 1. Retention of Staff Update (see attached A,B) Chief Limburg addressed three main topics regarding retention of staff. Topics included cessation of Kelly days (Adjusted Work Schedule, aka AWS }, salary and benefits for Fire & Rescue employees, and the implementation of a fire academy. Elimination of the Kelly Day, aka AWS, would allow staff to work over the 204 hour threshold and earn overtime compensation. Additionally, it would add 4 -5 staff members back in the field to be utilized elsewhere in the department to cover shifts, training, etc., without having to hire new employees. Under this scenario, the hours worked would be 2161240 hrs per pay period which would equate approximately $400,000 in additional overtime. This would be a short term solution while the county staff looks at the long term solution of salary adjustments to Fire &Rescue, Sheriff, and Jail. Mr. Fisher emphasized the need to take a comprehensive look at the three departments and weigh the pros and cons of salary and shift scheduling. He also mentioned that HR needs to look at the department's request to see if there are better solutions and note any discrepancies that may have been overlooked. With the additional staff available, the Fire &Rescue Department would be able to offer academy classes for new recruits and training for current field staff. The Department needs to meet certain training standards set by the State such as ALS, BLS, Fire, and EMS classes. It was noted the academy would allow a "layman" to come into the system, receive necessary training, and be functional at a firehouse within 22 weeks. The Committee unanimously referred the above solutions to the Human Resource Committee for review, then onto the Finance Committee in August for action. ** *Discussion Items * ** Mr. Wilkins addressed the issue of Revenue Recovery, particularly his concerns about the billing process. He presented billing statements that Ciiy residents have received .for services incurred for transport by Winchester Fire &Rescue companies. Deputy Chief Oliver stressed that NO bill would be going to a County resident for services within the County. If, however the citizen is transported by the City from a County address, it would be billed on the City's system. The only statement a County resident may possibly get would be an insurance request. The County would not being sending any such invoices to citizens in the County. Minute Book Ivumher 39 Board of Supervisors Regular Meeting of 07/10/13 0 Next Meeting: :� Adjourn: The meeting was adjourned at 9:45 A.M. CODE AND ORDINANCE COMMITTEE REPORT — APPROVED The Code &Ordinance Committee met an Monday, July 1, 2013 at 3:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher E. Collins, Chairman; Robert A. Hess; Derek Aston; and Stephen Butler. Committee member Jaynes Drown was absent. Also present were County Administrator John R. Riley, Jr.; Jay E. Tibbs, Deputy County Administrator; County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue; Eric Lawrence, Director of Planning &Development; and Ross Spicer, Frederick County Commonwealth's Attorney. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, Article II, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate (Rollback Tax). — SENT FORWARD FOR PUBLIC HEARING The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation. Article II would be amended to defer the payment of rollback taxes until the property's use changes rather than at the time the zoning classification changes. The Board and staff worked with Delegate Minchew during the 2013 legislative session for enabling legislation io permit this deferment. Upon a motion by Mr. Hess, seconded by Mr. Aston, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was unanimously approved. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved sending this amendment forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant 2. Proposed Minor Amendment to Chapter 158, Vehicles and Traffyc; Article II, Stopping, Standing and Parking; Section 158 -4 (D), General Restrictions. — SENT FORWARD FOR PUBLIC HEARING The Code and Ordinance Committee reviewed a request from the Commonwealth's Attorney to amend the Frederick County Code, Chapter 158 Vehicles and Traffic; Section 158 -4 (D). The proposed minor amendment would be as follows: D. Parking vehicle without current state license and inspection sticker. It shall be unlawful for any person to park any vehicle on any street or highway without the vehicle displaying a current state license a� or a current inspection sticker. The penalty for any violation of this restriction shall be a fine in the amount of $40. Minute Book Number 39 Board of Supervisors Regular Meeting of 07110!13 � �, Upon a motion by Mr. Aston, seconded by Mr. Butler, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was unanimously approved. Supervisor Hess noted the word "state" should be added to the amendment between current and inspection. Upon a motion by Supervisor Collins, seconded by Supervisor DeHaven, the Board approved sending the proposed amendment forward for public hearing�with the added language. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on June 24, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting} Gary Oates {liaison PC) Lewis Boyer (liaison Stephens City} Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) Gene Fisher (voting) Bryon Grigsby (voting} ** *Items Requiring Action * ** 1. VDOT Bridge Construction — APPROVED CLOSING BRIDGE DURING CONSTRUCTION As VDOT moves forward on reconstruction of the Route 623 Bridge, they are seeking County feedback on maintenance of traff c issues. Specifically, they wish to know if the County's preference is to keep the bridge open during construction or detour traff c. VDOT is proposing to fully close the bridge, which will lead to significant detours. However, this will also cause the project to be completed approximately a year sooner {1 construction cycle instead of 2) and at a savings of about $1 Million. Below are some of the details of existing traffic and detours provided by VDOT. Cost benefit due to non - phased construction: Approx 0.5 Million Cost reduction due to less width associated with need to maintain traffic: Approx 0.5 Million Traff c ADT: Approx. 50150 distribution, 367 vehicles a day Detour: 5.26 miles To Marlboro: 1.7 miles eastbound, 3.5 miles westbound To Winchester: 9.5 miles eastbound no difference, 13 miles westbound By consensus the committee has recommended that the Board support utilizing the suggested detours and have VDOT complete the project in one year at the lower project cost. Minute Book Number 39 Board of Supervisors Regular Meetiug pF071101i3 ono Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved closing of the bridge and suggested detours in order to reduce construction costs. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Cllarles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye �pequan District Vacant ** *Items Not Requiring Action * ** None. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF BLUE FOX BILLIARDS BAR &GRILL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3�, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL;�FEE; PARAGRAPH D. TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF BLUE FOX BILLIARDS BAR & GRILL 1160 MILLWOOD PIKE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY 1160 MILLWOOD PIKE,_LLC. — APPROVED Administrator Riley advised this was a request for a twelve month outdoor festival permit by Blue Fox Billiards Bar &Grill. All events to be held on the grounds of Blue Fox Billiards Bar &Grill, 1160 Millwood Pike, Winchester, VA. Property owned by 1160 Millwood Pike LLC. Administrator Riley noted the applicant was detained in traffic and was not present at the meeting. Supervisor Lofton asked staff to seek for clarification as to the discrepancy on the application between the number of tickets said and the number of attendees. Supervisor Fisher expressed some concern about parking and the use of adjacent property. 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 Supervisor DeHaven, the Board approved the 12 month outdoor festival permit request of Blue Fax Billiards with the parking issue to be addressed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 39 Board of Supervisors Reguiar Meeting of 07/10/13 o�� Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - ORDINANCE AMENDMENT — FREDERICK COUNTY CODE CHAPTER 155 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS• PARKING• BUFFERS• AND REGULATIONS FOR SPECIFIC USES PART 202 OFF - STREET PARKING LOADING AND ACCESS 165 - 202.03 MOTOR VEHICLE ACCESS — REVISE AND UPDATE MOTOR VEHICLE ACCESS REQUIREMENTS. SPECIFICALLY ENTRANCE SPACING REQUIREMENTS. - APPROVED Deputy Planning Director- Transportation John Bishop- appeared before the Board regarding this item. He advised this was a public hearing on entrance spacing standards, which would clarify Frederick County standards and VDOT's. He noted the proposal would use tangent to measure distance instead of center line. He concluded by saying the Planning Commission recommended approval. Supervisor Fisher asked if there were any existing properties that did not have access from anon- collector road or could not meet these proposed regulations. Supervisor Lofton expressed some concern about §165- 202 -03 (A} 7 (4} regarding shared access. He interpreted it to read as a property owner having to give up a portion of their property for the beneft of a neighbor. He went to ask if it would not be better to remove VDOT's language from our Code, but refer affected parties to VDOT, and only address those issues we want to address. Deputy Director Bishop responded the County Code could supersede VDOT's regulations, if the County's regulations were more restrictive. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the ordinance amendzng the Frederick County Code, Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 202 Off - Street Parking, Loading, and Access; 165202.03 Mator Vehicle Access. WHEREAS, an ordinance to amend Chapter 165 Zoning, to update the motor vehicle Minute Book Numi�er 39 Beard of Supervisors Regular Meeting of 07/10/13 o� access requirements, specifically the entrance spacing requirements was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on June 19, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on July 10, 2413; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the public necessity, convenience, general welfare, and goad zoning practice; and NOW, THEREFORE, BE IT ORDAYNED by the Frederick County Board of Supervisors that Chapter 165, Zoning, is amended to update the motor vehicle access requirements, specifically the entrance spacing requirements. Chapter 165 — Zoning Part 202 —Off- Street Parking, loading and Access § 165 - 202.03. Motor vehicle access. A. New driveways. (1) Private driveways or entrances shall be allowed to provide access to individual residences or uses. Private driveways or entrances shall also be al[owed to provide access to parking lots and loading areas shared by a number of residences or uses. (2) In order to provide safe and convenient access and to provide efficient travel on arterial highways, a minimum spacing shall be provided between new driveways onto and entrances onto collector roads, axed- -ante arterial highway5t and__primary �a: highways, in the following zoning districts: [Amended 12 -10 -2008] B1 Neighborhood Business 62 Business General B3 Industrial Transition OM Office- Manufacturing Park M1 Light Industrial M2 Industrial General (3) In addition, the minimum spacing requirements shall apply to_: ll any business, industrial or institutional use in any zoning districts e- t:—a »d te—� any residential development in which more than one dwelling shares a parking lot. l4} Minimum spacing shall also be provided in al! zoning districts between ,new residential driveways onto and commercial entrances onto collector roads, arterial hicrhways, and �rimary hiphways and the intersections of other roads with t�f-ie -such collector raad� e� arterial highways, and primary highways. Minimum spacing between driveways/ entrances and between driveways /entrances and intersections shall be as follows: Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 02� Minimum Residential Driveway, Full Commercial Entrance and intersection Spacing on Primary Hiahways, a�Arterial Highways, and Collector Roads n- -�� ^�r � ^ ^ ^,� �.^,:+ rmr►�Road Classification Minimum Required Spacing [feet) �� � 11A.�r., +F, -, r. �C .�� Minor Collector 100 Ma'or Collector - residential 150 driveway /entrance Ma'or Collector - commercial entrances �9 -250 Prima or Arterial � 250 with posted speed limit 45 m^ph or less Primar or Arterial �A9 495 with posted speed limit more than 45 mph (5) In all cases, the spacing distances shall be measured from the tangent line to the curb return of the driveways or intersecting streets. (s) ° -�� Deleted fNote: (6J can be deleted because its contents have been moved to the chart in (4J.] nuance Spocing and Sha�Access Pr��t��� -- ____ liIQtii'AY - ��ed 1Gftii� - 35 Midi Fe prilsvew�Y i--- "� lot e�t� �x �.�.: ,' -so` [61 -(�} Existing access. When a parcel abuts a minor or collector street that intersects with the arterial or primary highway and when the parcel cannot be provided with an entrance onto the arterial or primary highway that meets the spacing requirement, access to the parcel shall be o. n ►y from the existing entrance on the minor or collector street and new entrances shall not be allowed directly onto the arterial or primary highway. Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 � }Shared access. When a lot is created on a collector road or, arterial or primary highway, shared means of access to the road or highway shall be created by access easement, shared driveway, shared entrance ar other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a driveway entrance meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to Che adjoining property may be required by the Zoning Administrator on the lot to be divided or developed. [2] When a lot is divided or developed that cannot be provided with access meeting the spacing requirements and when means of shared access that meets spacing requirements has been provided on adjoining lots that can be used to provide access to the lot in question, entrances shall not be allowed directly onto the arterial or primary highway from the lot to be divided or developed. [3] When a number of lots are divided or developed that have been included together on an approved master development plan, site, plan or subdivision plat, shared drivewa s entrances shall be provided as required to meet the spacing requirements. [4] When shared access is provided to meet the requirements of this section, the Zoning Administrator may require that it be provided in the form of an access easement. The Zoning Administrator may require a deed of dedication describing provisions for joint use and maintenance of that easement. Provisions for shared entrance signs may also be required. [S] Shared access easements shall be provided in a manner so that shared driveways are clearly separated from parking areas, loading areas and pedestrian walkways. [6] Shared access easements that follow lot lines are preferred. (8} New lots. No new lot shall be created on a�- a�� °r� °� "� ^ "�•��•� an state maintained road unless spacing requirements can be met for driveways /entrances on the lot or unless access is provided through shared or existing access. (9} Number of driveways ar entrances. No more than one driveway or entrance shall be allowed per parcel unless each drivewa entrance ram the arcel se orate! meets the spacing requirements relative to each other and relative to an' intersections within the minimum re aired s acin distance in all directions. The Zonin Administrator ma ermit entrances /driveways that do not meet the minimum spacinrl requirements if,they are utilized solely for_emergency access and are not o en the ublic• such entrances must be aced ar chained. �� (1C} Entrances on collector and minor streets. Whenever a parcel abutting an arterial highway also abuts a collector or minor road, in order to obtain an entrance an the arterial road, an entrance must be provided on the collector or minor road. This shall only be required if a safe entrance can be provided on the collector or minor road, meeting all requirements of the Frederick County Code and the Virginia Department of Transportation. (11} All driveways _and entrances onto state - maintained highways must also meet all requirements of the Virginia Department of Transportation and all other requirements the Frederick County Code. (12} New driveways and entrances shall align with existing or planned driveways, crossovers, turn lanes or other access fieatures. This shall only be required if the resulting alignment Minate Book Number 39 Board of Supervisors Regular Meeting of 07/1U113 025 provides safe access and if all requirements of the Frederick County Code and the Virginia Department of Transportation are met. (13) The location of new driveways and entrances shall conform with road improvement plans or corridor plans that have been adopted by Frederick County or the Virginia Department of Transportation. (14] Private roads providing lot access to multifamily and single - family small lot housing, as permitted in §144 -24 of the Subdivision ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21 -B, and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A, surface treatment. In addition, curb and gutters, standard curb CG -6, CG -7 or roll -top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low impact design provided that the private road design is determined to be acceptable by the Director of Public Works. B. Alternative methods. (1) The Zoning Administrator may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns (such as a right -in /right -out only entrancel, methods which ensure one -way travel or other methods. �2] In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met. i'31 Requested alternative methods of motor vehicle access which do not meet the minimum requirements of § 165 - 202.03 must be approved by VDQT prior to approval by the Zoning Administrator. C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Board of Supervisors may require additional sidewalks or walkways on master plans or the Zoning Administrator may require additional sidewalks or walkways on site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. E. Fire Panes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention.EN [Added 12- 9 -1992] This amendment shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequon District Vacant Minute Book iVumber 39 Board of Supervisors Regular Meeting of 07/10/13 026 PUBLIC HEARING - ORDINANCE AMENDMENT — FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT, 165- 401.06 PERMITTED LOT SIZES — REVISE IN ORDER TO ALLOW DIVISIONS TO EXISTING RURAL PRESERVATION .TRACTS THAT HAVE BEEN RECORDED. - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised this was a request to allow divisions to existing rural preservation tracts that have been recorded, so long as the division results in acreage being added to the preservation tract. He went on to say the Planning Commission recommended approval of this proposed ordinance amendment. He concluded by saying staff was aware of at least one subdivision that would utilize this ordinance, if approved. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code Chapter 165 Zoning, Article iV Agricultural and Residential Districts, Part X101 RA Rural Areas District, 165 - 401.06 Permitted Lot Sizes. WHEREAS, an ordinance to amend Chapter 165, Zoning to revise the requirements to allow divisions to existing rural preservation tracts that have been recorded, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on June 19, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on July 10, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, Article IV, Agricultural and Residential Districts, Part 401 RA (Rural Areas} District, 165- 401.06 Permitted Lot Sizes, are amended to allow divisions to existing rural preservation tracts that have been recorded if (1) The division results in an overall acreage increase to the Rural Preservation Tract; {2} Acreage added to the preservation tract may came from areas internal or external to the rural preservation subdivision; (3) Acreage from the preservation tract may not be adjusted into parcels outside of the rural preservation subdivision; and (4) The Rural Preservation Tract continues to meet all requirements of Chapter 165 and 144. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRiCT5 Part 401 — RA Rural Areas District Minute �oolc Number 39 Shard of Supervisors Regular Meeting of U7110/13 o�� § 165 - 401.06 Permifited lot sizes. C. Rural preservation lots. � Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts aver 20 acres in size, subject to the following: � Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). This acreage must be designated prior to the division of the fourth lot. � No future division of this designated Rurai Preservation Tract shad be permitted unless all the following are met: i. The division results in an overall acreage increase to the Rural Preservation Tract; and ii. Acres a added to the reservation tract ma come ram areas interns! or external to the rural preservation_subdivision; and iii. Acreage from the preservation tract may not be adjusted into parcels outside o the rural preservation subdivision; and iv. Th_e Rural Preservation Tract tontinues to meet a!! requirements of Chapter 165 and 144. This amendment shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, rr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Opequan District Vacant BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Shawn Broy, Opequan District, appeared before the Board to address some data the Board might not be aware exists. He asked the Board to keep one thing in mind when making decisions that impact the lives of Frederick County residents and do perform due diligence when those decisions, might break the backs of the taxpayers. The Board needs to be aware of the issues residents face when the Board raises taxes. He advised that Frederick County has seen the highest increase in the poverty rate within a 7S mile radius. He noted one would have to look to southwest Virginia to find a comparable increase. He asked the Board to realize the weight of their decisions and do their due diligence. Gerald Ducatte, Shawnee District, appeared before the .Board regarding a safety concern. He stated there was a rifle range located off of Papermill Road, about 1 mile from his Miuute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13 house. 4n May 26, 2013 he and his wife were sitting on his porch when he heard shots being fired and then heard bullets coming through the trees. About one hour later, they heard high powered rifle shots. He contacted the Sheriff's Department and spoke with Sergeant Swisher. He stated Sergeant Swisher found the place where the shooting was occurring, but no high powered rifles were found. A ticket was not issued and the people were told to shoot in a different direction. Mr. Ducatte stated he would like someone to check out this gun range to see if it is legal. He concluded by saying it was awned by a company in Strasburg. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. A 717l1i Ti71�T UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:25 P.M.) Richard C, Shickle Chairman, Board of Supervisors Minutes Prepared By: �, `� Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 07/10/13