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HomeMy WebLinkAboutMay 14 2014 Regular Meeting Minutes349 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 14, 2014, at 7:10 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Christopher E. Collins. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED County Administrator John R. Riley, Jr. advised he had no additions to the agenda. Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W.�Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution Recognizing H P Hood, lnc.'s Selection as 2013 Dairy Processor of the Year; - Public Works Committee Report; and - Public Safety Committee Report. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Minute Soak Number 39 Board of Supervisors Regular Meeting of 05114!14 350 Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS Chairman Shickle addressed those citizens present who wished to speak regarding conditional use permit #02 -14 for the proposed dog kennel. He advised the public hearing for this item had already been held and he asked those citizens wha spoke during the public hearing to not address the board under citizen comments unless they had new information to present. Melissa Burke, Back Creek District, addressed the Board regarding the proposed dog kennel. She stated she had done some Internet research and found a kennel in a residential neighborhood does not enhance the property values in the neighborhood. She went on to say allowing a business in this residential neighborhood sets the precedent to allow other businesses to locate there. Eds Coleman, attorney for the opposition; spoke on behalf of Mr. and Mrs. Berman. He appreciated the Board's consideration of this matter. 'He asked the Board to consider the effect of this use on property values. He showed a map of affected properties in the neighborhood. He noted that all five of the affected lots were subject to restrictive covenants. He went on to say these lots are for single family residences only. The neighborhood consists of estate type lots with a minimum house size of 2,000 square feet. He stated under these covenants no home occupations are permitted. He noted the restrictive covenants were imposed by the applicant's grandfather. He went on to say the proposed new conditions have not established effective performance standards. He concluded by saying if the dogs are barking out then that is a noise problem. Robert Burke, Back Creek District, stated his property was '/2 mile from this neighborhood. He stated he wanted quiet and solitude. He concluded by saying he had ,a dog, but it was trained not to bark. Lloyd Hays, Back Creek District, stated he bought his property less than one year ago. He thought the area would provide solitude for his retirement. He went on to say. the proposed kennel did not conform to what he and his wife were buying into. He noted there was a measurable deterioration in property values due to kennels. He asked if the applicant would be willing to pay for this decline. He asked if the value decline would negatively impact Frederick Minute Book Number 39 Board of Supervisors Regular Meeting of 05/14/14 -- - -- - - - 3€ County's tax revenue. He went an to say there could be an impact an the board members' awn financial situation because this kennel has caused a decline in values. He concluded by saying he would like to know about the noise abatement standards for this kennel. Charlene Andersen, Back Creek District, presented a letter which was read by her husband. She stated her family was trying to rent a house to an individual, but the possible renter was now skeptical of renting because of This proposed dog kennel. Bethanne Berman, Back Creek Disiict, read a letter on behalf of a neighbor, Wayne Mitchell. His letter stated that he had lived down the road from a kennel in Brunswick County and he did not like it. He stated further that this was a loud business. Sheila Pinner, Back Creek District, stated she had found a 25 dog kennel in a surrounding county, which employed one full -time, two part -time, and two prison release workers in order to handle all of the dogs. She did not see how only two people would be able to handle the workload for this proposed kennel. Tony Wolfe, Virginia Tech Center, addressed the Board regarding the proposed kennel. He advised the center was neutral in their position. He went on to say he was sympathetic to the neighbors. He stated the facility worked 10 to 12 hours per day and operated sprayers and other various types of equipment. He went an to say it would be hypocritical to oppose noise from another facility. He concluded by saying the proposed kennel would not affect Virginia Tech's mission. Matt Milstead, developer of Heritage Commons from Herndon, VA, addressed the Board regarding Russell 150. He advised he was prepared to submit a rezoning far a mixed use project on this property; however, he was getting frustrated because it had been a year since they had started working on this project. He spoke regarding a recent newspaper article regarding this project, which was a flawed and inaccurate depiction of this project. He went on to say he was prepared to spend money on this project. He concluded by saying his team was ready to go, but they were getting highly frustrated. Earl Cale, Baltimore MD, addressed the Board regarding Russell 150. He advised that he worked far a small company in Baltimore, MD. In 2006 the company invested $20 million of shareholders' money in Frederick County through the Russell 1S0 project. He stated the company made a bad investment because the proposed development did not occur and the money was not repaid. He went on to say the company had gotten back $14 million of their Minute Book Number 39 Board of supervisors Regular Meeting of 45/14/14 35� shareholders' money, but they were still owed $6 million. He advised that his company has found a developer for this property, but the Treasurer of Frederick County says his company owes the county $2.4 million in penalties and interest, which is wrong and unfair. He concluded by saying he would like the treasurer and County to thank us instead of having its hand out. Tina Lake, Stonewall District, addressed the Board regarding the proposed dog kennel. She stated she has known and worked with Ms. Neff far the last 14 years and she supported her application. She went on to say Ms. Neff was a hard worker and had a high moral character and was motivated to uphold the conditions established for this permit. She concluded by saying Ms. Neff had done her research to ensure this was a success. Charles Harmon, Opequon District, addressed the Board regarding the private street item on the Transportation Committee report. He advised the Shenandoah Community had submitted a request to the Board regarding private streets. He noted the current residents had purchased homes in the community ekpecting to have private streets. Under the community's revised master development plan, approximately 213 of the streets would be private. The proposed ordinance amendment would enable the residents to keep their gated community. He went on to say he understood the financial obligation this would pose for the homeowners' association. He concluded by asking the Board to bring this matter to conclusion via public hearing and approval of the ordinance change. Michael Raymond, Opequon District, addressed the Board regarding the private street item. He spoke to the homeowners' association's ability to fund the streets. He noted that he had led two studies on the financial obligations of the homeowners' association. He stated the street repairs could be funded with minimal impact on the homeowners' association. He concluded by saying the community takes this commitment and obligation very seriously and asked the Board to bring this matter to conclusion. Ray Hayslett, Back Creek District, asked the Board to consider adding his remarks from the Apri123, 2414 meeting to the minutes. He went onto say a board member at the last meeting made a comment about a pig farm, in reference to the dog kennel. Mr. Hayslett stated his response to this comment was... "pigs don't bark." He went on to say he appreciated the Virginia Tech research facility's neutrality. He noted the center does conduct work for the benefit of the agricultural community, but they are not a commercial enterprise. He stated there was a time and place for business, but just because a business could be established here was not a Minute Book Number 39 Board of Supervisors Regular Meeting of 45/14/14 353 reason to do it. He concluded by saying he had moved to the area for estate living and asked the Board to make sure they were doing the right thing. There being no more citizen comments, Chairman Shickle closed this portion of the meeting. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the minutes from the Apri123, 2014 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the minutes from the April 29, 2014 work session with the Department of Social Services by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher ,Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS E AS STONEWALL D: REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the -Board reappointed William H. Cline as Stonewall District representative to the Extension Leadership Council. This is a four year appointment. Term expires June 23, 2018. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 05/f41�4 35� Robert W. Wells Aye REAPPOINTMENT OF RANDY � CARTER AS STONEWALL DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - e ppunvF_n Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board reappointed Randy Carter as Stonewall District representative to the Parks and Recreation Commission. This is a four year appointment. Term expires June 23, 2018. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board reappointed the fallowing members to the Development Impact Model Oversight Committee, term to expire June 28, 2015: Kris Tierney County Administration Representative Gary A. Lofton —Board of Supervisors Representative Robert A. Hess —Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Dr. John Lamanna — School Board Representative. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF DANA BOWMAN AS PRIVATE PROVIDER REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Dana Bowman as private provider representative to the Community Policy and Management Team. This is a two year appointment. Term expires June 30, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 4511411a 355 Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF PAMELA K. KEELER AS FREDERICK COUNTY VOLUNTEER REPRESENTATIVE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL M APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board reappointed Pamela K. Keeler as Frederick County Volunteer Representative to the Lord Fairfax Emergency Medical Services Council. This is a three year appointment. Term expires June 3 0, z a 17. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF GENE E. FISHER AS BOARD OF SUPERVISORS REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY � APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board reappointed Gene E. Fisher as Board of Supervisors representative to the Winchester Regional Airport Authority. This is a four year appointment. Term expires June 30, 201 S. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RESOLUTION ( #050 -14) RECOGNIZING H P HOOD, ,INC.'S SELECTION AS 2013 DAHZY PROCESSOR OF THE YEAR -- APPROVED UNDER CONSENT AGENDA WHEREAS, HP Hood, LLC is one of the primary producers of dairy products and beverages in the United States, with over $2 billion in sales and 15 manufacturing plants across the county; and WHEREAS, HP Hood, LLC's products are distributed throughout the United States to chain and independent food retailers, convenience stores, and foodservice purveyors; and WHEREAS, HP Hood, LLC located a facility ul Frederick County in 2000; and WHEREAS, this facility has seen expansions in 2001, 2004, 2010, and 2013 and now Minute Book Number 39 Board of 5upervisars Regutar Meeting of 45/14/i9 356 employs over 400 people; and WHEREAS, the Frederick County facility is the flagship ixa HP Hood, LLC's production network; and WHEREAS, HP Hood, LLC has been instrumental in developing and expanding its pxoduct lines, continues to invest in new equipment and technologies, and is working toward achieving zero- waste -to- landfill in all plants; anal WHEREAS, HP Hood, LLC was selected by Dairy Foods Magazine as Processor o£ the Year for 2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, do hereby express their congratulations to HP Hood, LLC on achieving this industry recognition; and BE IT .FURTHER RESOLVED, that the Board of Supervisors express their appreciation to HP Hood, LLC fox its continued investment and employment in Frederick County, Virginia; and BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishment of this community partner. ADOPTED this 14``' dap of May, 2Q14. STATUS AND ANY FURTHER ACTION AS TO ITEM ll OF THE FINANCE COMMITTEE REPORT FOR THE MAY 22 2013 BOARD OF SUPERVISORS MEETTNG REGARDING AN AMENDMENT TO THE TERM SHEET /SPECTAL ASSESSMENT ROLL APPROVED BY THE RUSSELL 150 COMMUNTTY DEVELOPMENT AUTHORITY. — MOTION TO RESCTND THE BOARD'S ACTION OF MAY 22, 2013 FAILED County Attorney Rod Williams advised that in May 2013 the Board was provided a revised special assessment role and term sheet relative to the Russell 150 CDA. The sheet was originally accepted by the Finance Committee as information. At the May 22, 2013 Board of Supervisors meeting, the Board accepted the Term Sheet and authorized the County Administrator to sign it on behalf of the County. Since that time there have been questions surrounding the delinquent assessments and whether they need to be repaid. This item is on the agenda in order to give the Board an opportunity to clarify their intent as to the special assessment role. Chairman Shickle asked if the Board was required to do anything. County Attorney Williams responded because the Board was party to the CDA agreements then any changes to the agreement would require approval by the CDA and the Board. Vice- Chairman DeHaven moved to rescind the Board of Supervisors action, taken at the May 22, 2013 meeting, accepting the Term Sheet identified as Exhibit "A" of the Municap, lnc. memorandum, dated March 13, 2013, and authorizing the County Administrator to sign same on behalf of Frederick County, the current motion being to rescind the Board's action to the extent Minute Book Number 39 Board of Su�ervisars Regular Meeting of 05/14/14 35� that the Board's action may be interpreted as having eliminated the collection of penalties and interest on the CDA assessments. The motion was seconded by Supervisor Fisher. Supervisor Fisher stated this just further complicated his understanding of where we were with this. He went on to say he was not sure if the Board needed another closed session or mare legal counsel, but he was not sure where we need to go at this point. The motion failed by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Nay Robert W. Wells Nay COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee and Green Advisory Committees met on Tuesday, April 29, 2014 at 8:04 a.m. All members were present: The following items were discussed: ** *Item Requiring Action * ** 1. Final Draft Storu2water/Erosion and Sediment Control Ordinance — Chapter 143 — Frederick County Code Mr. ,Joe Wilder, deputy director of public works, presented a final draft of the new stormwater /erosion and sediment control ordinance, Chapter 143, which included revisions dictated by the Virginia Department of Environmental Quality. After discussing the minor revisions, the committee unanimously endorsed the new ordinance and recommended that it be submitted to the board of supervisors for their review and approval. At the same time, the committee recommended that the current erosion and sediment control ordinance, Chapter 79, be repealed. (Attachment 1) ** *Items Not Requiring Action * ** 1. Building Inspections Issues a) Proposed Fee Increases: -The Building Official, Mr. John Trenary, presented a brief overview of proposed changes to the current building inspection fee schedule. He indicated chat a meeting has been scheduled with the Top of Virginia Building Association to discuss the proposed changes. After this meeting, staff will finalize the proposed changes and submit same to the public works committee at their next scheduled meeting. (Attachment 2} b) Property Maintenance Inspections in Stephens City: The Town of Stephens City has requested that Frederick County assume the responsibility for property maintenance inspections. To this end, they have drafted a resolution to be approved by the town council prior to formal submittal to Frederick County. The county attorney has reviewed the request and determined that Frederick County is required to honor their request. (Attachment 3) 2. Update on New Raund Hill Fire Station and Event Center Minute Book Number 39 Board of Supervisors Regular Meeting of 05/14/74 a Staff indicated that the project for the new Roundhill Fire Station and Event Center has been advertised with a bid due date of May 15, 2014. A subsequent pre -bid meeting was held at 1:0.0 p.m. at the existing fire station. The attendance at the mandatory pre -bid meeting included 16 general contractors. Mr. Gene Fisher, committee chairman, expanded the discussion of the proposed Roundhill Fire Station to include a brief evaluation of a future prototype station. He indicated that a layout of a station previously referenced as a pratorype was actually a plan that had been included in a PPEA submittal This plan had not been reviewed by staff for compliance with current fire and rescue requirements or accepted gross space allocations. He further stated that he had evaluated these space requirements with the architectural members of the committee and determined that the previously referenced plan was deficient in required space allocations. He concluded that the proposed Round hill Station was actually more in keeping with current design standards for fire and rescue stations. 3. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment b) d) Animal Shelter Cat Report (Attachment '� 4. Green Advisory Committee Energy Management Update (Attachment 8) Enemy Management Update Planet Footprint data collection & monitoring Using the_. Planet Footprint service staff is monitoring electricity and natural gas consumption across all accounts. Heating and cooling degree day data is being monitored to determine if temperature is driving changes in consumption. Using Planet Footprint database of Frederick County accounts, staff is able to monitor current and historical consumption for trend evaluation. Improvements to the Planet Footprint service 'are now live. Better graphical representation of use and trends are now a feature, and the ability to "push" reports to responsibility center heads should lead to greater awareness of consumption trends. See (Attachment I} for new data presentation format. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Monday May 5, 2014 at 8:30 a.m, at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Michael Lindsay, Chris Collins, and Gene Fisher. Member Chuck Torpy was absent. Also in attendance were County Administrator Tohn R. Riley, Jr., Fire &Rescue Chief Denny Limburg, Deputy Fire Chief Larry Oliver, Communications Director LeeAnna Pyles, County Attorney Rod Williams, Human Resources Director Paula Nofsinger, Major Lou VanMeter, Deputy Fire Chief Bill Bowmaster, and Fire &Rescue President Dan Cunningham. The following items were discussed: ** *Items Not Requiring Action * ** 1. Revenue Recovery Program Update {Attachment A): Deputy Chief Oliver discussed the automatic fee schedule incxease provided by the Center for Medicare and Medicaid Services, which updates the payments for ambulance services Minute Book lYumber 39 Board of supervisors Ytegular Meeting of 05/14/14 359 annually. Only one of the five services — ALS level 2- will increase this year (from $720 to $755) and the mileage rate will pat be affected. The fee schedule automatically changes rates every January, with our adapted rate schedule from Tune 2013 being the County's minimum charge for service. The PSC made a unanimous motion to send the implemented increases, including present and future automatic increases in the Center for Medicare and Medicaid Services fee schedule, to the Finance Committee for approval. 2. Star Ta�nerY Reau�est for Staffing Update (Attachbaent B): At the Committee's December 17, 2013 meeting, the Committee's consensus was far Mr. Riley to set up a meeting with Shenandoah County officials to discuss the staffing needs at Star Tannery in an effort to reach an agreement regarding funding assistance for needed full -time positions. Since that time, Chief Limburg and Mr. Riley did meet with their counterparts in Shenandoah County with an offer to split the cost of staffing. At that time, Shenandoah County declined to assist with such costs as it was not financially feasible.. Frederick County had requested $150,000. Mr. Lofton noted that it appeared they were looking to Frederick County to fund the entire staffing cost even though both localities split the calls. He went an to say this was not financially feasible for Frederick County. It was noted that Star Tannery is currently running at 40% failure rate due to the lack of staffing. Tt was further noted if Frederick County provided 100 %funding in order to take care of this issue, with no expectations of assistance from Shenandoah County then there would be no long term benefit since the calls are equally divided between the two counties. Mr. Fisher agreed that the lack of cooperation from Shenandoah County in this matter was disheartening. Mr. Riley offered to go back to Shenandoah County to again request funding assistance for Star Tannery. Mr. Fisher suggested that other board members attend the meeting in an effort to try to resolve This matter. ` The Committee's consensus was for Mr. Riley, and any other committee members who wish to accompany him, to again meet with Shenandoah County's representatives in an effort to reach an agreement to fund these positions. 3. Fee Schedule for Fire Marshals Chief Limburg discussed the need to update the Fire Marshal's fee schedule which is over 20 years old. It needs to be reflective of the current and surrounding jurisdictions and state rates. Chief Limburg would like to address this issue at the next Public Safety Meeting. 4. New Fire &Rescue President Dan Cunningham introduced himself as the new president of the Fire &Rescue Association, succeeding Mr. Price. He is looking forward to working with the Committee on the issues and topics that arise within the community. Next Meeting: Adjourn: The meeting was adjourned at 9:15 a.m. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on Apri128, 2014 at 8:30 a.m. Minute Book Number 39 Board of Supervisors Regular Meeting of 05/14/14 Aso Members Present Chuck DeHaven (voting} James Racey (voting) Gene Fisher (voting) Lewis Boyer (liaison Stephens City} Gary Oates (liaison PC) Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting} ** *Items Requiring Action * ** 1. Welcome Signage - Approved One of the recommendations of the recent business friendly committee work was to recommend that welcoming signage be placed at key entrances to Frederick County. For signage along primary routes such as Route 522, Route 50, or Route 11, the process is fairly simple. The County would need to design the signage and place it in accordance with VDOT standards and practices with a VDOT permit. Attached please find the VDOT guidelines as well as a memorandum of support from Mr. Riley which includes example signage. For signage along I -81, the process is somewhat more complicated. VDOT does not allow locations of such signage within the limited access right -of way so alternative methods must be evaluated. To utilize an existing billboard, the cost would be approximately $600 per month in addition to what the cost would be to create and install the signage itself. Staff would recommend that the agency doing the signage cooperate wish property owners neighboring the I- $1 right -of- -way to purchase or occupy enough land to place and maintain a sign. This can be accomplished with a conditional use permit and would allow for greater variability and likely a more attractive signage design. Actual cost of this option would be highly variable depending upon agreements reached with property owners and final signage design. Actual cast of this option would be highly favorable depending upon agreements reached with property owners and final signage design. In addition to this material, staff and VDOT noted that signage cannot be placed in the median. Motion was made by Mr. Racey and seconded by Mr. Fisher to recommend that the Board direct the EDA to proceed with signage on the primary routes and to further investigate the options (rented billboard vs. county owned sign) and to include consideration of the water tower. Motion passed unanimously. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above signage recommendation. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF SARAH FROMME FOR TEENS INC. — "BOOTS AND BLUEGRASS FESTIVAL ". PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY JiJNE 20 2014 FROM 6:00 P.M. TO 9:30 Minute Book Number 39 Board of Supervisors Regular Meeting 0305/14/14 3�� P.M. ON THE GROUNDS OF ALWAYS GREEN 2122 NORTH FREDERICK PIKE WINCHESTER VIltGINIA. PROPERTY OWNED BY GAS CITY 17768 JAMES MARLBORO HIGHWAY, LEESBURG, VIRGINIA. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for Sarah Fromme for TEENS, Inc. — "Boots and Bluegrass Festival ". The event will be held on Friday, June 20, 2014 from 6:00 p.m. to 9:00 p.m. on the grounds of Always Green, 2122 North Frederick Pike, Winchester, VA. The property is owned by Gas City, 17768 James Marlboro Highway, Leesburg, Va. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the outdoor festival permit request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E, Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - PROPOSED ORDINANCE — SALARIES OF THE BOARD OF SUPERVISORS — PURSUANT TO SECTION 15.2 - 1414.3 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN,,, $10,800; VICE CHAi_RIVIAN, X10,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. — APPROVED, Administrator Riley advised this was a public hearing to set the annual salaries for the Board of Supervisors. .Chairman Shickle.convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the ordinance setting the salaries of the Board of Supervisors. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2014, shall be as follows: Chairman, $10,800; Vice Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote; Minute Book Number 39 Board of Supervisors Regular Meeting of 05/14/14 362 Richard C. Shickle Aye Charles S. DeHaven, .lr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - DRAFT UPDATE OF THE 2014 -2014 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE .VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK VIRGINIA IN A_CCORDAN_CE WITH SECTION 33.1 -70.01 OF THE CODL�' O_F VIRGINIA, WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2015 THROUGH 2020 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2015. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION, LOCATED AT 14031 OLD_ VALLEY PIKE EDINBURG, VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET WINCHESTER VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION L�VIPROVEMENT PROGRAM (STIP), WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS RE UIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1- 800 - 367 -7623. — (RESOLUTiON #'s 051 -14, 052 -14, AND 053 -14) - APPROVED Deputy Director of Planning — Transportation rohn Bishop appeared before the Board regarding this item. He advised this was a public hearing on the annual update to the Interstate, Primary, and Secondary Road Improvement Plans. He briefly reviewed some of the projects on each list: Interstate —Exit 310, Exit 307, and widening of Interstate 81. Primary - -Route 37 from Exit 310 to Route 522, S. Frederick Parkway, and Route 277 from Exit 307 to Double Church Road. Secondary — Renaissance, Martinsburg Pike, E. Tevis Street &Russell 150, and Snowden Bridge Boulevard. Hardsurface — No project have been removed, but none were added. Warm Springs Road has been funded. Woodside Road has moved to the top of the list. Minute Bank Number 39 Board of Supervisors Regular Meeting of OS /14119 363 Deputy Director Bishop concluded by saying he would he glad to answer any questions the Board might have. Supervisar Lofton asked if the County would see an increase in funding next year. Deputy Director Bishop responded that was hard to predict. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board adopted the update to the 2014 -2014 Primary, Interstate, and Secondary Road Plans. RESOLUTION { #051 -14) 2014 -2015 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23.1 and 33.123.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a -Six -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on Apri128, 2014; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 7, 2014; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation `s policies and procedures and participated in a public hearing on the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2014 -2015 Interstate Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the Interstate road improvement projects for programming by the Commonwealth of Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of . Supervisors as follows: The 2014 -2015 Interstate Road Improvement Plan. appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County, and therefore, the Frederick County Board of Supervisors hereby approves the 2014 -2015 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing helcl on May 14, 2014. RESOLUTION ( #052 -14) 2014 -2015 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23.1 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity far each county to work with the Virginia Department of Transportation in developing aSix -Year Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 2$, 2014; and Minute Bovk Number 39 Board of Supervisors Regular Meeting of 05/14/14 36� WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at Their meeting on May 7, 2014; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation `s policies and procedures and participated in a public hearing on the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2014 -2015 Primary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the primary road improvement projects fax programming by the Commonwealth of Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2014 -2015 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County, and therefore, the Frederick County Board of Supervisors hereby approves the 2014 -2015 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 14, 2014. RESOLUTION ( #053 -14) 2014 -2015 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Sections 33.1 -23.1 and 33.1 -23.4 of the 1950 Code of Virginia, as amended, provides the opportunity far each county to work with the Virginia Department of Transportation in developing a Sig -Yeax Road Plan; and WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on Apri128, 2014; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 7, 2014; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation `s policies and procedures and participated in a public hearing on the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2014 -2015 Secondary Road Improvement Plan and the Construction Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the Secondary road improvement projects for programming by the Commonwealth of Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2014 -2015 Secondary Raad Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County, and therefore, the Frederick County Board of Supervisors hereby approves the 2014 -2015 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on May 14, 2014. Miuute Boom Number 39 Board of Supervisors Regular Meeting of 05/14/14 ��� The above motion was approved by the following recorded vote: Richard C. 3hickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS CONDITIONAL USE PERMIT #02 -14 FOR JESSICA M. NEFF FOR A KENNEL. T_H_TS PROPERTY IS LOCATED AT 461 LAUREL GROVE ROAD, AND _IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 73 -9 -3 TN THE BACK CREEK MAGISTERIAL DISTRICT. (VOTE POSTPONED FROM APRIL 23. 2014 BOARD MEETING.I —VOTE POSTPONED UNTIL JUNE 25. 2014 MEETING Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a dog boarding kennel to be located at 461 Laurel Grove Road in the Back Creek Magisterial District.. He advised the Board held its public hearing on this matter at its Apri123, 2014 meeting, but postponed action in order to allow the applicant an opportunity to address concerns raised during the hearing. He went on to say the matter was back before the Board for action and noted conditions had been modified since the last meeting. New conditions 6 through 11 had been added. He concluded by saying the conditions governing this permit were as follows: 1. All review agency comments shall be complied with at all times. 2. No more than twenty -eight (28} dogs shall be permitted on the property at any given tulle. 3. This conditional use permit (CUP) is solely to enable the boarding of dogs on this property. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. The applicant will construct a 20' x 30' enclosed kennel in the rear of the property, with a 6 foot fenced outdoor play area. 7. The enclosed kennel house shall be built with noise - abatement construction material to reduce any dog barking so as to no exceed 50 dba. A professional engineer Licensed in the state of Virginia shall seal the plans of the kennel house indicating it has met the 50 dba threshold. 8. The plans for the kennel house shall be reviewed by the County prior to any construction activity or operation of the kennel. 9. The kennel shall have an appointment only drop -off and pick -up of dogs. 10. The applicant shall maintain a contract with a waste removal company. Minute Sook Number 39 Board of Supervisors Regular Meeting of 05/14/14 i 11. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. No more than three (3) dogs may be outdoors at any given time. 12. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feetrn size and five {5} feet in height. 13. Any expansion or modification of this use will require the approval of a new CUI'. Supervisor Hess asked Zoning Administrator Cheran if there were any restrictive covenants on this property. Zoning Administrator Cheran responded that to his knowledge there were no restrictive covenants on the property, which would be subject to this conditional use permit. Supervisor Lofton stated � number of concerns regarding this proposal had been cited by the neighbors, to include traffic and declining' property values. With regard to traffic, he noted there were currently 600 vehicle trips per day on Laurel Grove Road. If 28 people dropped off and picked up dogs each day, which would equate to an additional 56 vehicle trips per day, which was a less than 10% increase. Traff e would not be a deterrent to this application. With regard to decreased property values, Supervisor Lofton stated he had received a paper from a realtor stating property values would decline if this kennel were permitted; however, he did not see any comparable sales or other empirical data that would support this claim. He went on to say he had contacted two appraisal firms regarding the effects of kennels on property values and asked them to provide empirical data that supported the claim of decreased property values. To date he has not seen anything that would support this claim. He noted the Commissioner of the Revenue has no data to show dog kennels decrease property values. Supervisor Lofton asked Zoning Administrator Cheran for the number of existing kennels in the Rural Areas District with a conditional use permit. Zoning Administrator Cheran responded there were 16. ,Supervisor Lofton stated, with that number, there should be some evidence if values were decreasing. As for noise, Supervisor Lofton asked who would determine where dog barking is coming from since this is a rural area and there are other dogs in the neighborhood. He reported that he had visited a 64 dog commercial kennel. On the property itself, he did not hear. any barking. He travelled to a neighboring property and did not hear any dog barking from this facility. Minute Book Number 39 Board of Supervisors Regular Meetiug of 05/14/14 367 Supervisor Lofton moved to approve conditional use permit #02-� 14. The motion was seconded by Supervisor Fisher. Supervisor Hess moved to amend the motion to reduce the number of dogs from 28 to 20. The motion was seconded by Supervisor Lofton. The motion to amend was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye The amended motion to approve conditional use permit #02 -14 failed by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Nay Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Robert W. Wells Nay Vice - Chairman DeHaven moved to deny Conditional Use Permit #02 -14. The motion to deny conditional use permit #02 -14 wiled by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board postponed conditional use permit #02 -14 until the June 25, 2014 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAIS ®N REPORTS There were no Board liaison reports. CITIZEN COMMENTS Minute Book Number 39 Board of Supervisors Regular Meeting of OS /I41I4 36 There were no citizen comments. BOARD OF SUPERIVSORS COMMENTS Vice - Chairman DeHaven advised the RS private road issue has reported out of the Transportation Committee. The Planning Commission dealt with it last week and it will be coming before the Board shortly. Supervisor Lofton stated he had seen a number of reports about how much money hospitals, etc, stand to gain from Medicaid expansion, but he has yet to see any newspaper reports about how much money Frederick County stands to lose if Medicaid is expanded. Supervisor Hess advised the HR Committee had been receiving reports from various departments regarding their functions, needs, etc. and suggested the Board consider future work sessions with some of these departments to hear these presentations. Supervisor Fisher reported the Board would be seeing the bids for the Round Hill Fire Station in the near future. The Public Works Committee would be meeting next week to review the bids. Supervisor Wells thanked the Transportation Committee for moving the RS private road issue forward. With regard to the Russell 150 matter, he would like to encourage all parties to do what they could to bring resolution to this project. ADJOURN UPON A MOTION BY VICE- CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSYNESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:41 P.M.) �-� -fir- -� =�s7 �..,� Richard C. Shickle J din al�.�ley,�Jr.(.� � Chairman, Board of Supervisors C l�k, Board of Supervisors Minutes Prepared By: �� � `�c�, Jay E. Ti bs Deputy Clerk, Board o� Supervisors . Minute Book Number 39 Baard of Supervisors Regular Meeting of 05/14/14 - � - --