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June 25 2014 Regular Meeting Minutes42� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 25, 2014, at 5:40 F.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; Gary A. Lofton; and Robert W. Wells, CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code Section 2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator and pursuant to Section 2.2 -3711 A (7), to discuss legal matters for consultation with legal counsel and staff regarding specific legal matters concerning the Russell 150 Community Development Authority Assessments and requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins � Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Robert W, Wells Aye Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Wells, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving consultation with legal counsel and staff, specifically, legal matters concerning the Minute Book Number 39 Board o�Supervisors Regular Meeting or06/25114 42� Russell 150 Community Development Authority Assessments and requiring the provision of legal advice by such counsel, pursuant to Virginia Code Section 2.2. -3711 A (7). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Collins, seconded by Supervisor Wells, the Board authorized a public hearing to be held on July 9, 2014 on an ordinance amending the special assessment for the Russell 150 Community Development Authority and authorizing the first amendment to the memofandum of understanding by and among the Board of Supervisors, the Russell 1501andowner, and the Russell 150 Community Development Authority. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Cade Section 2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle .Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in open session. The above. motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book iVumher 39 Board of Supervisors Regular Meeting of 06/25/14 42$ Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel specifically, the annual evaluation of the County Administrator, pursuant to Virginia Code Section 2.2. -3711 A (1). The above motion was approved by the following recorded vate: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board certified the annual evaluation of the county administrator. The above matian was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RECESS Chairlxaan Shickle advised the Board would recess unti17:40 p.m, CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor lusher 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 change to the agenda. He rernaved the presentation of the Employee of the Month Award because the recipient could not be present. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board Miuute Book Number 39 Board of Supervisors Regular Meeting of 66/25/14 ��� approved the amended agenda by the following recorded vote: Richard C. Shickle . Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PRESENTATION OF RESOLUTION TO H.P._ HOOD, LLC The Board presented a framed copy of the resolution recognizing H.P. Hood, LLC far being selected as processor of the year for 2013 and for their continued investment in Frederick County. The resolution was presented to Marcus Humphreys, local plant manager. CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution far Board of Supervisors' Re�Authorization for Participation in Shenandoah Valley Electric Cooperative (SVEC) Rate Case; - Parks and Recreation Commission Report; and - Human Resources Committee Report. Chairman Shickle advised that he would abstain from the vote due to a conflict of interest related to one of the items. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Abstain Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS Eds Coleman, Attorney for Mr, and Mrs. Berman, appeared before the Board an behalf of his clients. He briefly reviewed the histories of various conditional use permits for kennels. He noted previous boards had set the precedent regarding kennels bringing about decreased property values and noise. He submitted the following letter for the record: "To: Members of the Frederick County Board of .Supervisors ( "BOS) and the Frederick County Planning Staff From: Eds Coleman, Attorney for Scott and Bethanne Bermnan The Bermans continue their Opposition to Mrs. Neff's Application far a Conditional Use Permit ( "CUP "} for a dog Kennel. Consistent with their prior comments, no CUP, regardless of the "Conditions" imposed, should be granted for the establishment of the Kennel. Further, the Minute Sook Dumber 39 Board of Supervisors Regular Meeting of fl6 /25/14 4�� proposed "Conditions" suggested by the Planning Staff do not assure the mitigation of the negative impacts which will result to the Bermans and the Bermans' neighbors. The Bermans reside at 247 Laurel Grove Road, TM 73 -8 -3, approximately 1,890 feet from Ms. Neff's proposed Kennel on TM 73 -9 -3. During the May I4 BOS Meeting discussion of the Kennel Application, Zoning Administrator Mark Cheran advised that there were sixteen (I b) existing kennels established by CUPS in the Rural Areas Zoning District. A review of the County � files concerning CUP applications for kennels reveals the following: 1. A "kennel " is defined as "a place prepared to house, board, breed, handle or otherwise keep or care for dogs far sale or in return for compensation. " 2. Since 1978 there have been a total of approximately twenty six (2b) applications for kennel CUPS (not including the current Neff Application). Sixteen (I b) such applications have been Approved _ of the sixteen (I b) Approvals, only fourteen (14) of the related files are available for review. Six Applications were Denied and four applications were Withdrawn. 3. Six b o the ourteen 14 A royals available for review have been properties containing in excess of I S acres (ranging from 20 acres to 107.71 acres). Ms. Neff's parcel contains only 7.65 acres. The larger the property containing the kenner the less negative impacts are imposed on neighboring properties. The following applications were Approved: i. 20 acres —Roy Spaid, January 200.1 — tv continue in operation an existing kennel for which no permit previously had been issued; ii. 33.9 acres —John Keeler, April 1992 -- to relocate to a different parcel of property an existing non - boarding kennel previously illegally operated; iii.. 3b.3b acres -- Wray Kimmel, March 1987; iv. 55 acres — Cheryl Anderson, October 1985 — Cancelled because subject property was not purchased,• v. bb acres — Christopher Chisholm, December 1990 —for a dog grooming facility, with no dogs being housed overnight; vi. 107.71 acres —Lisa Drinkwater, October 1997 — limited to boarding of dogs owned by the property owner. 4, Six (bra the.fourteen (14)_Approvals were granted in situations involving re- existin technical) ille al kennel- related uses: i. John Keeler, April 1992 — to relocate an existing kennel operated on Senseny Road that had been unknowingly . illegally operated; ii. James Orndorff, July 1992 -� operated an existing kennel that was unknowingly illegal; iii. Shannon Bridges, March 1999 — to re- establish a non- conforming use that previously had operated for roughly 30 years prior to being discontinued 5 years previously; iv. Roy Spaid, January 2001 — to continue in operation an existing dog kennel for which no permit had previously been issued and which had operated for approximately 20 years; v. Timothy Felty, December 2002 — breeding, raising and selling dogs as a "hobby, " without knowledge of the necessity of a permit; vi. James Frye, September 2012 — application was a result of a pre - existing violation far use of an existing kennel without a permit. Thus, these six (b) Approvals were, at least in part, a recognition of the applicant's right to continue a kennel use in effect. No kennel has previously been in existence on Ms. Neff s parcel. Three (3) of the six (b) Denials involved applications by Joseph W. Edmiston in 1994, 1995, and 1997 for anon- boarding dog kennel. The 199.7 Application was for an already existing kennel operation that had Miuute .Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 43� been operating illegally since the 1995 Application had been denied. 5. Five (5) of the fourteen (14) Approvals were Hat, or overnight baardinsr of clients' do s: i. Christopher Chisholm, December 1990 —for a dog grooming facility with dogs not to be housed overnight; ii. John Keeler, April 1992 — overnight boarding of dogs was not proposed; iii. Lisa Drinkwater, October 199% —only dogs owned by the owner could be boarded, as she wanted to breed one or two dogs a year and sell the puppies; iv. Nanette McFarland, January 2000 —CUP granted for pet sitting in her home, with the dogs to be kept completely indoors in the basement of her residence; v. Roy Spaid, January 2001 —for non - boarding only, stating that this was not the retail type kennel whereby the dog owners would leave their dogs at the kennel while on vacation, etc. Further, all three of Joseph Edmiston's denied Applications were for the boarding of dogs owned by Mr. Edmiston, not for dogs owned by clients. Mrs. -Neff seeks to board overnight twenty -eight (28) dogs owned by clients, but a motion was made and seconded at the 5/14/14 BOS Meeting to reduce the number of dogs from twenty -eight (28) to twenty (20). d. In various applications, the County Health Department has commented that dog waste is considered to be a commercial and industrial waste regulated by the Virginia Department of Environmental Quality ( "DEQ "). 7. The May 14 Meeting on Mrs. Neff''s Application included the Board's discussion to the effect that no empirical data has been provided to support a claim that a dog kennel causes a decrease in property values. The attached May 12, 2014 letter of Realtor Laura White had been submitted to the Board in support of that claim. It is common knowledge, and this Board can take notice thereof, that a dog kennel negatively impacts residential property values. A typical residential real estate buyer, when given a choice as to purchasing a residence near to a dog kennel vs. purchasing a comparable residence not near a dog kennel, would choose the residence that is not near a kennel. An adjacent or nearby dog kennel does have an impact on market value, and a typical buyer -would pay Less for the same residence that is near a kennel. The only question is: "How much less ?" Empirical data may be useful to establish the percentage or amount of the reduction in values, but is Hat necessary in order for this Board to recognize that there is a reduction in value. Previous Boards have acknowledged the obvious negative impact of a dog kennel upon neighboring property values. This is apparent from the denials of the Joseph Edmiston applications: a. The 1995 Denial fale includes a 3/24/1994 letter from three Edmiston neighbors stating that they had spoken to realtars about selling their houses and moving, but they were told they would have a hard time doting so with a kennel of barking dogs next door. b. The 1997 Denial specifically Hated the Board's concern regarding noise and the resulting affect upon pro�tx value, and the Staff Report indicated that a contracted sale had been lost due to the existence of the kennel. 8. The CUP files are replete with expressions of prior Board's concerns about the noise created by barking dogs. In support of his application for a CUP for apre- existing kennel already operating without a CUP, James Frye stated to�the Board that he utilizes shock collars and electronic bark deterrent systems to discourage barking. Mrs. Neff has not proposed her use of any collars, devices or systems to discourage and limit harking. 9. Included in the six (d) Denials are the following: Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 4� a. 199 Denial of Application from Marietta and Kim Walls /Apple Valley Animal Hospital on TM 63 -A -2K (Cedar Creek Grade }, containing 3.5 acres, seeking expansion of a 1991 CUP for a veterinarian clinic and hospital, without the right to board animals that did not require hospitalization. The 1997 Application sought boarding rights, and was denied by the Board. b. 2004 Denial of Application from Coy Thompson on TM 34- 3 -B containing 5.90 acres, seeking a boarding and grooming facility. The Planning Commission and the Staff had recommended approval, but the Board denied the CUP. Based upon the Board's own precedents as reflected in the County's Kennel CUP,files, Mrs. Neff's Application for a CUP for the boarding of dogs on a parcel containing only 7.65 acres should be denied. Respectfully submitted, Eds Coleman for Scott and Bethanne Berman" BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES — APPROVED Upon a motion by Supervisor Hass, seconded by Supervisor Collins, the Board approved the minutes from the May 28, 201 � regular meeting by the %Mowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD — REMOVED FROM AGENDA COMMITTEE APPOINTMENTS APPOINTMENT OF JASON MCDONALD AND HARMAN BRUMBACK TO THE AGRICULTURAL DISTRICT ADVISORY COMMITTEE � APPROVED Upon a motion by Supervisor Lofton, seconded by Vice- Chairman DeHaven, the Board appointed Jason McDonald and Harman Brumback to the Agricultural District Advisory Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher .Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 4�3 APPOINTMENT OF LISA. CARPER AS BACK CREEK DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board appointed Lisa Carper as Back Creek District Representative to the Social Services Board. 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 Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF GENE FISHER AS BOARD OF SUPERVISORS' REPRESENTATIVE TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, .seconded by Supervisor Hess, the Board reappointed Gene Fisher as Board of Supervisors' representative to the Conservation Easement Authority. This is a three year appointment. Term expires August 24, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF DIANE KEARNS TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed Diane Kearns to the Conservation Easement Authority. This is a three year appointment. Term expires August 24, 2017. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF LARRY OLIVER AS PAID FREDERICK COUNTY EMS PROVIDER REPRESENTATIVE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES MS COUNCIL - APPROVED Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 43� Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board reappointed Larry Oliver as paid Frederick County EMS Provider Representative to the Lord Fairfax Emergency Medical Services {EMS} Council. This is a three year appointment. Term expires August 30, 2017. The above oration was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 7r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF WELLINGTON "WENDY" H. JONES AS FREDERICK COUNTY REPRESENTATIVE TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board reappointed Wellington "Wendy" H. Janes as Frederick County representative to the Frederick- Winchester Service Authority. This is a three year appointment. Term expires August 31, 2017., The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RESOLUTION #061 -14 FOR BOARD OF SUPERVISORS RE- AUTHORIZATION FOR PARTICIPATION IN SHENANDOAH VALLEY ELECTRIC COOPERATIVE SVEC RATE CASE — APPROVED UNDER CONSENT AGENDA WHEREAS, Shenandoah Valley Electric Cooperative (SVEC) has filed an application with the State Corporation Commission (the Commission }, Case Number PUE- 2013 - 00132, for an increase in electric rates charged to and rate schedules applicable to its member - owners; and WHEREAS, as a condition imposed by the Commission on SVEC's 2010 acquisition of a portion of Allegheny Energy's Virginia electric distribution service territory, including a portion of Frederick County, the Commission required SVEC, over a reasonable transitipn period following the service territory acquisition, to adopt a Board of Directors structure that would include, relevant to Frederick County, one Director from Frederick or Clarke County and one Director from Frederick or Clarke County or the City of Winchester; and WHEREAS,_ four years have passed since SVEC's service territory acquisition and SVEC has yet to include on its Board of Directors the Frederick - Clarke- Winchester Director, resulting in an imbalance on its Board of Directors, with some jurisdictions having three times as many members as Frederick County; and WHEREAS, SVEC has otherwise not set out an adequate basis for its requested rate increase and changes to its rate schedules; and Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 43� WHEREAS, SVEC's requested rate increase and rate schedules may be detrimental to economic development in Frederick County; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Frederick County, Virginia hereby authorizes and approves the filing of such documents on its behalf, by the Couniy Attorney, and the submission of such testimony and exhibits, by the County Administrator and /or other County staff, with the State Corporation Commission, as may be necessaly to set forth the matters identified in this Resolution and as may be otherwise necessary to protect the interests of Frederick County member- owners of Shenandoah Valley Electric Cooperative; and BE IT RESOLVED THAT the Board of Supervisors further ratifies and adopts any actions that the County Attorney andlor the County Administrator, including through their duly authorized staff, have to date taken with regard to SVEC's requested increase in rates and change in rate schedules, in State Colporation Commission Case Number PUE- 2013 - 00132. Enacted this 25�h day of June, 2014. This item was approved under the consent agenda. REQUEST FOR COMMISSIONER OF THE REVENUE FOR REFUNDS - a PP32 nvFn �'. _... .____ Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1. D L Peterson Trust in the amount of $14,669.64 for the proration of personal property taxes and registration fees in the normal course of business for 2012 and 2013, This refund was the result of the company's vehicles being reported from one office in the company and the verification of titling and situs being made later, elsewhere in the company. — Approved Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board authorized the above refund request and approved the supplemental appropriation. The above motion was approved by the following recorded vote: , Richard C. Shickle Aye Charles S. DeHaven; Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. G E Capital Auta Lease in the amount of $3,022.38 for proration of personal property taxes and registration fee in the normal course of business for 2013. This refund was the result of the company's vehicles being reported from one office in the company and the verification of titling and situs being made later, elsewhere in the company. — Approved Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher; the Board authorized the above refund request and approved the supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/34 43� Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. Toyota Motox Credit Corp. in the amount of $3,095.05 for proration of personal property i taxes for 2012, 2013, and 2014 in the name of Toyota Motor Credit Cozp. This refund was the result of the normal business proration of personal property for this large leasing company in the regular course of business. Their vehicles are reported from one location and the verification of titling and sites is made elsewhere in their company, thus the timing difference. - Approved Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board authorized the above refund request and approved the supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 4. Ford Motor Credit Corp in the amount of $5,018.32 for proration of personal property taxes and vehicle license fee in the normal course of business for 2013 and 2014. This refund was a result of the company's vehicles being reported from one location in the company and the verification of titling and sites being made elsewhere in the company. - Approved . Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board authorized the above refund request and approved the supplemental appropriation. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 10, 2014. Members present were: Kevin Anderson, Patrick Anderson, Greg Brandos, Jr., Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Randy Carter, Marry Cybuiski, and Christopher Collins. Items Requiring Board of Supervisors Action: None Submitted for Board Information Onlv: 1. Policy Changes — Mr. Brondas moved to accept the Policy Change policy as Minute Book Number 39 Board of Supervisors Regular Meeting of p5/25/1,4 437 submitted, second my Mr. Madagan, motion carried unanimously (b -0). Please find attached a copy of the approved policy change. . 2. Public Relations Committee —New Department Logo —The Public Relations Committee recommended a .new department Iogo, second by Mr. Madagan, motion carried unanimously (6 -0). Please find attached a copy of the new logo. 3. Buildings &Grounds Committee —Eagle Scout Project —The Buildings and Grounds Committee recommended approval of Cody Smith's Eagle Scout project to replace an existing wire fence with a split rail /wire fence around the sediment basin of the Clearbrook Park Lake, second by Mr. Longerbeam, motion carried unanimously (6 -0). HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Roorn at 107 North Kent Street on Friday, June 13, 2014 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Chris Collins, citizen member Don Butler, citizen member Dorrie Greene, and citizen member Beth Lewin. Also present were: EDC Executive Director Patrick Barker and DSS Representative Delsie Butts and Melody Williams. Supervisor Robert Wells was absent. ** *Items Requiring Action * ** 1. Approval of the Employee of the Month Award. The Committee recommends approval of the Correctional Officer George Hosby as the Employee of the Month for June 2014. ** *Items Nat Requiring Action * ** 1. Presentation by the Director of EDC, Patrick Barker. At the request of the Committee, Mr. Barker presented an overview of the objectives and responsibilities of the Economic Development Commission. The presentation also provided the Committee an understanding of his department's role, authority, projects, and topics of importance within his department. Presentation attached. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, July 11, 2014. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 18, 2014 at 8;00 a.m. All voting members were present. -Non- voting liaison, C. William Orndoff, Jr., was absent. Items 2 and 7 were hand carried and added to the agenda. Items 1, 3, and 4 were approved under consent agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 1, The Sheriff requests a General Fund su lemental a ro riation in the amount of $84$.15. This amount represents fiends reimbursed from the Secret Service. No local funds Minute Book lumber 39 Board of Supervisors Regular Meeting of 06/25/14 -43� required. See attached memo, p. 4 -S. — Approved Under Consent Agenda. 2. The Sheriff requests an FY15 General Fund su lemental a ro riation in the amount of $98.824. This amount represents a grant from the Attorney General. No local funds required. See attached memo, p. 6. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 7r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gazy A. Lofton Aye Robert. W. Wells Aye 3. The NRADC Superintendent requests a rail Fund su lemental a ro riation in the amount of $43 457.99. This amount represents an insurance claim for damages sustained to the HVAC during severe cold weather. See attached information, p. 7 -12. -- Approved Under Consent Agenda. 4. The Landfill Manager requests an FY15 Landfill Fund su lemental a ro riation in the amount of $85 000. This amount represents salaries and fringes for two positions that were inadvertently omitted from the FY15 budget. See attached information, p. 13. — Approved Under Consent Agenda. 5. The Winchester Regional Airport Director requests an FY15 Ai ort Ca ital Fund su lemental a ro riation in the amount of $5 070 000 re uires ublic hearin and an FY15 General Fund su lemental a ro riation in the amount of $80 282. This amount represents funds for capital projects and land acquisitions. See attached information, p. 14 -17. The committee recommends approval. — Approved. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the public hearing on this item. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, 3r. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Ayc Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the supplemental appropriation in the amount of $80,282 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 39 Board of Supervisors Regular Meeting ot'Ob12S/14 439 6, The County Administrator requests approval of a $1,000 donation for a brick in the Korean War Memorial to be located in Jim Barnett Paxk. See attached information, p. 18 -21. The committee recommends approval. — Approved. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye . '1. The County Administrator requests an amendment to the Snowden Bridge Boulevard revenue sharing resolution to reflect a $35,000 increase, making the total amended amount $4,068,350. See attached information, p. 22 -29. The committee recommends approval. — Approved. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 8. Staff requests review of Outside Agency contributions for FY1S. See attached information, p. 30. The committee forwarded. the Discovery Museum, Our Health, and Haridley Library to budget work session for further discussion. The committee also instructed staff to delay LFCC awaiting scholarship information. -- Work Session Authorized. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board authorized a budget work session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 9. Staff requests approval of the borrowing resolution and amount. See attached resolution, p. 31. The committee recommends approval of the resolution to include the amount of $25 million and the addition of language regarding payoff. — Discussion Delayed. L0. The County Administrator is seeking a recommendation for a Capital Project Fund supplemental appropriation in the amount of $7,217,104 (requires public hearing) for the total project cost of the Round Hill Fire &Rescue Station and Event Center, A recommendation is also requested on the financing options. See attached information, p. 32 -60. The committee recommends approval of the supplemental appropriation in the amount of $7,217,104 and forwards the financing options with no recommendation. -(Mrs. Slaughter voted no.) — Action Minute Book lumber 39 Board of supervisors Regular Meeting of 06/25/14 44Q Item Later in the Meeting. * * *Informatian Onlyx ** I. The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p. 61 -62. 2. The Finance Director provides FY2014 financial statements far the period ending May 31, 2014. See attached, p. 63 -73. 3. The Finance Director provides the FY2014 Fund Balance Report for the period ending June 11, 2014. See attached, p. 74. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPRflVF.11 The Development Impact Model — Oversight Committee (DIM -OC) met on Thursday, June 5, 2014 at 8:30 a.m. Members Present J.P. Carr Robert Hess Dr. John Lamanna Gary Lofton H. Paige Manuel Stephen Pettler Roger Thomas Kris Tierney Members Absent Brian Madagan Patrick Barker, Eric Lawrence, Wayne Lee, and Al Orndorff were present. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order io maintain an updated DIM. It is important to note that the DiM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility casts associated with development and rezoning proposals. Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1} and resulting projected capital facilities costs (Attachment #2) are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: NEW FY15 FY14 Single Family Dwelling Unit = $19,583 $19,600 Town Home Dwelling Unit = $13,437 $13,062 Apartment Dwelling Unit $12,697 $11,3 39 By majority vote, the DIM -OC recommends the use of the critical inputs, and for their incorporation into model. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the new Development Impact Model inputs and their incorporation into the model. Minule Boak Number 39 Board of Supervisors Regular Meeting of 06/25/14 44� The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ** *Informational Purposes Only * ** The DIM -OC reviewed the past years' extensive effort to evaluate the Development Impact Model, and the policies currently in effect for how the DIM is utilized during the rezoning application process, This evaluation was at the recommendation of the Board's Business Friendly Committee, It was noted that the DIM projects that a single family home will generate $133,511 in demands for county services over 20 years, yet the same home would contribute less than $74,000 directly to the county in terms of tax contributions from real estate and personal property. The DIM -OC discussed how the DIM was used during the rezoning process and recognized that during rezoning considerations the DIM solely considers capital casts, and not revenue contributions, The DIM -OC evaluated potential policy amendments to enable revenue credits to be included during the rezoning process. The revenue credits considered were associated with residential and commercial development when a development proposal had a mix of uses. Ultimately, the DIM -OC recommended against such revenue credits. The DIM -OC also evaluated credits for proffered transportation improvements, and endorsed such credits when the improvements exceeded what was identified in a Transportation Impact Analysis as necessary to offset projected impacts. The Board did ultimately, in January 201}, amend the policy to enable the transportation credits. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF TRUMPET VTNE FARM (DEMARCHI SPEARS). PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT RE UIRED• APPLTCATTON• ISSUANCE OR DENIAL• FEE• PARAGRAPH 3, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF TRUMPET VINE FARM, 266 VAUCLUSE ROAD, STEPHENS CITY, VIRGINIA. PROPERTY OWNED BY DEMARCHI SPEARS. - DENIED Administrator Riley advised this was a request fora 12 month outdoor festival permit by Trumpet Vine Farm and DeMarchi Spears: The request was pursuant to the Frederick County Code, Chapter 86 Festivals. All events to be held on the grounds of Trumpet Vine Farm, 2b6 Vaucluse Road, Stephens City, Virginia. Chairman Shickle convened the public hearing, William H. Pfahl, Back Creek District and adjacent landowner, spoke in opposition to this permit. He stated the property owner did not consult with him about this venture and the first he heard of this was when he saw the ad in the June 11, 2014 edition of The Winchester Star. He stated he was not sure if the applicant had adhered to the setback regulations. He went Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 �4� on to say it appeared the applicant was trying to change the zoning of this property for a commercial activity. He noted several items on the application were left blank. He believed this was a financially rewarding enterprise without a license and was an attempt to alter the rural. nature of the area. He stated if the permit was granted it would permanently alter the nature of the area. He concluded by saying if the permit were to be approved he would like to see the applicant be required to post a performance bond and that events not be permitted to go beyond 10:00 p.m. There being no further comments, Chairman Shickle closed the public hearing. Supervisor Lofton advised that he had visited both properties and he had a conflict with Mr. Pfahl's interpretation of location of the pavilion. He noted there was S00 feet of separation and a grown fence line between the two properties. He went on to say the only issue might be loud music. He noted that he had spoken with the applicant and was assured the applicant would work with events regarding speaker placement, etc. so as to limit noise. Supervisor Lofton concluded by saying there was no guarantee of 2417 peace and quiet because the property was close to the drive -in and 1 -81 could be heard. Supervisor Lofton moved to approve the 12 month festival permit for Trumpet Vine Farm. The motion was seconded by Vice - Chairman DeHaven. Supervisor Fisher advised the pavilion structure was not approved and a building permit was not applied for. Supervisor Lofton stated that was not an issue because the structure is permitted as an agricultural structure. He went on to say the building official does not have a problem with the structure, but the change of use is what has caused the applicant to go through the building permit process. There being no further discussion, the motion to approve the 12 month festival permit was denied by the following recorded vote: Richard G Shickle Nay Charles S. DeHaven, Jr. Aye Christopher E. Collins Nay Gene E. Fisher Nay Robert A. Hess Nay Gary A. Lofton Aye Robert W. Wells Nay PUBLIC HEARING - AMENDMENT TO THE 2014 -2015 FISCAL YEAR BUDGET — SOLUTION #462 -14 - PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL Minote Book Number 39 Board of Supervisors Regular Meeting of 06/2,S/l4 443 YEAR 2014 -2015 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $5 070 000. THIS AMOUNT REPRESENTS CAPITAL PROJECTS INCLUDING RELOCATION OF SOUTH APRON AND LAND AC UISITION• CAPITAL PROJECT FUND SUPPLEMENTAL APPROPRTATION IN THE AMOUNT OF $7 206 953. THIS AMOUNT REPRESENTS THE PROJECT BUDGET FOR THE REPLACEMENT ROUND HILL FIRE AND RESCUE STATIONAND EVENT CENTER. - APPROVED Administrator Riley advised this was a public hearing on an amendment to the FY 20142015 budget. The first item was an Airport Capital Fund supplemental appropriation in the amount of $5,070,000 for capital projects to include the relocation of the south apron and Iand acquisition. The' second item was a capital project supplemental appropriation in the amount of $7,206,953 for the replacement Round Hill fire and rescue station and event center. With regard to the fire station, Administrator Riley advised the Finance Committee recommended advertisement and approval of the Capital Project Fund Supplemental Appropriation for the construction of the new Round Hill fire station and event center. At the conclusion of the budget amendment public hearing, staff was seeking Board approval of the supplemental appropriation. In addition to approval of the appropriation, staff was seeking action from the Board on an authorization resolution which would allow the County to pursue financing through the Virginia Resources Authority. The Finance Committee did not forward a recommendation on a preferred financing option; however, there were two options that could be pursued relative to this project. The two options to be considered were: 1) Submit an application far the County's share of this project in the amount of $4,200,000 which would include $3,869,693.00 for the fire station carnponent and associated site work and $330,307.00 for cost of issuance and any discount; or 2) Submit an application to fund both the fire station and event center in the amount of $5,900,000, which would include $5,600,541.00 and $299,459.00 for cost of issuance and any discount. Included as part of each authorizing resolution is a reimbursement resolution (paragraph 13), which would allow the County to reimburse itself for costs incurred between now and the bond closing date, tentatively set for August 13, 2014. Board action on the authorizing resolution would approve the reimbursement component as well. 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 Hess, the Board approved Minute Book Number 34 Board of Supervisors Regular Meeting of 06/25/14 -44.4 the amendments to the FY2014 -2015 budget. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on June 25, 2014, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2014 -2015 Budget be Amended to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $5,070,000. This Amount Represents Capital Projects Including the Relocation of the South Apron and Land Acquisition. Capital Project Fund Supplemental Appropriation in the Amount of $7,206,953. This Amount Represents the Project Budget for the Replacement Round Hill Fire and Rescue Station and Event Center. The above motion was approved by the following recorded vote; Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Aye Administrator Riley advised that staff was seeking board action on a financing option. Supervisor Fisher stated it made sense to go to the bond market to get the lowest interest rate possible. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the resolution of the Board of Supervisors of the County of Frederick, Virginia approving the lease financing of fire and rescue facilities and a community center and authorizing the leasing of certain county -awned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions. RESOLUION #063 -14 WHEREAS, the Board of Supervisors (the "Board ") of the County of Frederick, Virginia (the "County "), intends to finance the construction and equipping of fire and rescue facilities, consisting primarily of a fire station and a building to be used as a community center for the Round Hill Comraaunity Fire and Rescue Company (the "Projects " }; WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the Projects; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds ( Virginia Pooled Financing Program }, Series 2014B or such other series of bonds as VRA and the County may determine (the "VRA Bonds ") and, subject to VRA credit approval, to provide a portion of the proceeds to the County to finance the Projects pursuant to the terms of a Lacal Lease Acquisition Agreement and Financing Lease (th "Financing Lease " }, between the County and VRA; Minute Book ]Number 39 Board of Supervisors Regular Meeting of 06125/14 445 WHEREAS, the County will -enter into a Prime Lease {the "Prime Lease ") with VRA whereby the County will lease the Projects and the real estate on which the Projects will be located (the "Real Estate ") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Projects back to the County and the County will make rental payments corresponding in arriount and timing to the debt service on the portion of the VRA Bonds issued to finance the Projects {the "Rental Payments "); WHEREAS, pursuant to the Financing Lease the County will undertake and complete the Projects; WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that approximately $S,b00,541 plus an amount sufficient to pay local costs of issuance (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested {the "Proceeds Requested ") from VRA; WHEREAS, VRA has advised the County that VRA's objective is to pay the County an amount which, in VRA`s judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective "), taking into consideration the Proceeds Requested and such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds {consisting of the underwriters' discount and other costs incurred by VRA {collectively, the "VRA Costs ")} and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate amount of the principal components of the Rental- Payments under the Financing Lease does not equal or exceed the sum of the Proceeds Requested plus the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease and an Addendum between the County and the Round Hill Community Fire and Rescue Company amending the Fire and Rescue joint Agreement, dated as of September 26, 2007 are referred to herein as .the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Approval of Lease - Leaseback Arrangement. The lease - leaseback arrangement with VRA to accomplish the financing of the Projects is hereby approved. The leasing of the Real Estate and the Projects by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. The leasing of the Real Estate and the Projects by VRA, as lessar, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. 2. Auuroval of the Terms of the Rental Payments. The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $5,900,000 and a true interest cost not to exceed b.0% per annum (exclusive of "Supplemental Interest" as provided in the Financing Lease and taking into account any original issue discount or premium }; and the final maturity shall be not later than 25 years from the date of the first Rental Payment under the Financing Lease. It is determined to be in the best interest of the County to enter into the Financing Lease with VRA, subject to the terms and conditions set forth in this Resolution. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Minufie Book 1Vumber 39 Board of Supervisors Regular Meeting of 06/25/14 44� Proceeds Requested. if the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 2 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price at an amount less than the Proceeds Requested. The County Administrator is authorized to accept the interest component of Rental Payments based on the interest rate or rates established by VRA. The actions of the County Administrator in accepting the final terms of the Financing Lease, including its purchase price and the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 3. Other Pa ments Under Financin Lease. Subject to paragraphs 7 and 8 below, the County agrees to pay all amounts required by the Financing Lease in addition to Rental Payments, including the "Supplemental Interest," as provided in the Financing Lease. 4. Execution and Recordation of Documents. The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Clerk of the Board of Supervisors and any Deputy Clerk, any of whom may act, are authorized to affix the seal of the County, or a facsimile thereof, to the Documents, if .required, and to attest such seal. The Chairman and the County Administrator, either of whom may act, are fizrther authorized to cause the Prime Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court of Frederick County. 5. Form of Documents. The Documents shall be in substantially the farms on file with the County Administrator, which Documents are hereby approved with such completions, omissions, insertions and changes as may .be approved by the Chairman and the County Administrator, either of whom may act. The execution and delivery of the Documents by the Chairman and the County Administrator, or either of them, will constitute conclusive evidence of the approval of any such completions, omissions, insertions, and changes, including acceptance of the final terms of the Financing Lease. 6. Essentiality of the Projects and Real Estate. The Projects and the Real Estate are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Projects and the Real Estate will continue to be essential to the _operation of the County during the term of the Financing Lease. 7. Annual Bud>set. While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boaxds do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other off cer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. S. Rental Payments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifcally stated to be subject to annual appropriation therefor by the Board, and nothing in this Resolution or the Documents shall constitute a pledge of the full faith and credit or taxing power of the County or compel the Board to make any such appropriation. 9. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take Minute Book Number 39 Board- of Superr+isors Regufar Meefing of 06/25!14 44� whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2 -12. 10. Tax Documents. The County Administrator and file County's Director of Finance, either of whom may act, are hereby authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document (the "Tax Documents ") setting forth the expected use and investment of the proceeds of the VRA Bands to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bands." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 11. Other Actions. All other actions of the officers of the County in- conformity with the purpose and intent of this Resolution are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the actions contemplated by this Resolution ar the execution and delivery of the Documents. 12. SNAP )investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the County has determined to authorize the County Administrator and the Treasurer, ar either of them, to utilize SNAP in connection with the investment of the proceeds of the lease - leaseback transaction if the County Administrator and the Treasurer determine that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Corrlrxlanwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 13. Reimbursement. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the Projects from the proceeds of its debt or other financings. The maximum amount of debt or other financings expected to be issued in one or mare series for the Projects is $5,725,000. 14. Effective Date. This resolution shall take effect immediately. Supervisor Lofton asked if documents had been prepared that would indemnify the County if the Round Hill fire company could not pay the debt service on their portion of the debt or was the County responsible for paying that portion of the debt? Administrator Riley responded the County would carry the debt. Supervisor Fisher stated the Board should make all efforts to ensure Round Hill pays their share of the debt; however, there could probably be some exposure to the county's taxpayers. vote: There being no further discussion, the motion was approved by the following recorded Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 44� Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING -UDA CENTERS AND 2030 COMPREHENSIVE PLAN — RESOLUTION #06� -14 -THE BOARD OF SUPERVYSORS WILL DISCUSS A PROPOSED AMENDMENT TO THE 2030 COMPREHENSIVE PLAN; FREDERICK COUNTY UDA CENTERS AND THE 2430 COMPREHENSIVE PLAN. THIS AMENDMENT IS A FOLLOW UP TO AND ><N SUPPORT OF THE UDA CENTER DESIGN CABINET REPORT AND THE DRAFT TRADITIONAL NEIGHBORHOOD DESIGN TND ORDINANCE DISCUSSION. THE PROPOSED AMENDMENT CONTINUES TO CONSOLIDATE AND REINFORCE THE UDA CENTER DISCUSSION WITHIN THE 2430 COMPREHENSIVE PLAN AND FURTHER STRENGTHENS SOUND PLANNING PRINCIPLES WITHIN THE COUNTY'S URBAN AREAS. THE AIM OF THIS PROPOSED AMENDMENT IS TO ILLUSTRATE WHY UDA CENTERS IN FREDERICK COUNTY ARE IMPORTANT AND TO HIGHLIGHT WHO WOULD BENEFIT FROM LIVING IN THESE STRATEGIC GROWTH AREAS. THE PROPOSED AMENDMENT WOULD BE INSERTED INTO THE PLAN WITHIN CHAPTER 1, URBAN AREAS. - DENIED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the Comprehensive Plan regarding UDA Centers. This proposed amendment supports projects the development community finds desirable. The Comprehensive Plans and Programs Committee supported the proposed amendment and the Planning Commission recommended approval of the proposed amendment. Supervisor Hess asked how a determination would be made regarding the success of this proposal. Deputy Director Ruddy responded success would be based on how it would be received by the community. He went on to say these types of developments tend to evolve with the market. Supervisor Hess asked when staff thought one of these developments would be seen in Frederick County. Deputy Director Ruddy responded there could very easily be one in the next five years. Supervisor Hess asked if the word "direct" under the Future Focus section could be changed to "encourage ", as that seemed a better word choice. Deputy Directax Ruddy concurred. Supervisor Wells stated the demographics of an area drive this type of development and he did not think it would happen right now. Supervisor Collins stated this proposal was encouraging development in the Urban Miuute Book Number 39 Board of Supervisors Regular Meeting of 06/25/11 44� Development Area and not mandating action. He went an to say he did not see a definition of urban center. Chairman Shickle convened the public hearing. Evan Wyatt, Greenway Engineering, concurred that this proposed amendment was aspirational and provided opportunities in the future. He went on to say he would be concerned if this was a way of dictating rezonings. He concluded by saying this was a good target and goal. Alan MOrr�SOn, Gainesboro District, expressed concern over this proposed high density residential growth without adequate employment for the people residing in these types of developments. He went on to say growth would happen in Frederick County "without regard for what we do here or not." He stated this type of development was not Frederick County and would create fundamental change in the county. He concluded by saying he was concerned about the loss of freedom by the property owners. Dody Stottlemyer, Shawnee District, stated she continues to believe Urban Development Areas are a bad development idea for people. She stated the main coniributors of growth were outside of the Winchester Metropolitan Statistical Area, She concluded by saying a higher quality of life means more freedom of choices. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board denied the amendment to the 2030 Comprehensive Plan, Chapter 1, Urban Areas — UDA Centers and the 2030 Comprehensive Plan. Supervisor Fisher stated he was not convinced this is the way we want to go. He went on io say the intensity and density required to do this type of development did not exist here. Supervisor Hess stated Urbari Development Centers would not occur here fox some time. He went on to say a lot of views and perspectives might change over the years, but we should wait until these types of developments are closer to being a reality. Supervisor Collins stated he was not in favor at this time. Supervisor Lofton stated he looked at this as another tool and it would give property owners more tools or development options for their property. The motion to deny was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E, Fisher Aye Minute $ook Number 39 Board, of Supervisors Regular Meeting or 06/25/14 45� Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Nay OTHER PLANNING ITEMS: CONDITIONAL USE PERMIT #02 -14 FOR JESSICA M. NEFF FOR A KENNEL. TH_YS PROPERTY IS LOCATED AT 461 LAUREL GROVE ROAD, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 73 -9 -3 IN THE SACK CREEK MAGISTERIAL DISTRICT. OTE POSTPONED FROM APRIL 23 AND MAY 14_1 2014 BOARD MEETINGS., },,, .- (RESOLUTION #065 -14) - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a dog boarding kennel. He noted that nothing had changed since the Board last saw this application and the conditions were the same as those shown at the May 14, 2014 meeting. 1. AlI 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 time. 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. $. The plans for the kennel house shall be reviewed by the County prior to any construction activiiy or operation of the kennel. 9. The kennel shall have an appointment only drop -off and pick -up of dogs. 10. The applicant shall maintain a contract with a waste removal company. 11. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. No more than three {3} dogs may be outdoors at any given time. 12. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4} square feet in size and five (5) feet in height. 13. Any expansion or modification of this use will require the approval of a new CUP. Supervisor Lofton asked what sound 50 decibels would equate to. Zoning Administrator Cheran responded that a normal conversation is measured at 60 decibels. Miuute Book Number 39 Board of Supervisors Regular Meeting of ©6125114 x.51 Supervisor Hess asked if the applicant had previously circulated a letter proposing 14 kennels and if so, how did it get to 28. Zoning Administrator Cheran responded the application has always been 2$. Supervisor Lofton advised the applicant's attorney that empirical data might be useful to establish a percentage of the decline in land value. Mr. Coleman responded that he did not have time to develop that data. Supervisor Lofton stated he had not seen any empirical data yet, but he had spoken to two professional appraisal f rms and was told they could find no such data. He concluded by saying he was interested if Mr. Coleman had found any empirical data. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved Conditional Use Permit #02 -14 for Jessica Neff: Supervisor Hess moved to limit the number of dogs on site to 20. The motion died due to the lack of a second. There being no further discussion, the motion to approve Conditional Use Fermit #02 -14 was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Nay Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Robert W. Wells Nay DISCUSSION — MIDDLETOWN AREA SEWER AND WATER DIRECTION: (I} (COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA�_._= MIDDLETOWN/LFCC - FUTURE EXPANSION AREA. (VOTE POSTPONED FROM MAY 28, 2014 BOARD MEETING.) (II} RELIANCE ROAD RE VEST — MIDDLETOWN PROPERTIES LLC. -- MODIFIED REQUEST SENT FORWARD FOR PUBLIC HEARING Deputy Flanning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed Comprehensive Policy Plan Amendment far a future expansion of the sewer and water service area for property to the north of Lord Fairfax Community College. The property has been designated as OM (Mixed Use Office/Industrial} with the recognition that other business development land uses aimed at supporting Lord Fairfax Community College might be considered with rezoning requests implementing the plan. Deputy Director Ruddy noted no residential development would be allowed. He stated the timing of the proposed sewer and water service area expansion needed to be addressed, in particular who Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 4�2 would be responsible for providing water and sewer service to this area. The two options are the .Frederick County Sanitation Authority or the City of Winchester (Water} and Town of Middletown (Sewer }, Deputy Director Ruddy noted two additional requests had been received to expand the sewer and water service area dawn. Reliance Road. He concluded by saying staff was seeking direction from the Board regarding this proposal. Supervisor Lofton stated he would like to forward the proposed plan to public hearing Supervisor Wells stated at the present time the Frederick County Sanitation Authority does not have water and sewer service in that area; however, he believed the Authority would want the rights to water and sewer connections in the future. He went on to say he would like to put a 15 to 20 year time line in place that would enable the Sanitation Authority to have the option to take over those facilities when feasible. Vice - Chairman DeHaven stated he had no objection to the sewer and water service area expansion, but the area needed to be served by the Frederick County Sanitation Authority "period ". Supervisor Lofton agreed with Vice - Chairman DeHaven. He went on to say the Authority should be directed to find a way to serve that area and across 1 -81. Supervisor Fisher stated that to do anything less than have the area served by the Frederick County Sanitation Authority would drive a wedge into that area. Supervisor Lofton stated he was in favor of the expansion, but if the Board directs the Sanitation Authority to provide water and sewer to the area and they do not then rt negates what the Board does tonight. Vice- Chairman DeHaven stated he had no objection to looking at Reliance Road area, but right now the Board had nothing but a request. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board directed staff to move this request through the public hearing process with the understanding that the Frederick County Sanitation Authority would provide services in that area. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 06/25/14 4�� DISCUSSION — MCCANN- SLAUGHTER PROPERTY —DRAFT AMENDMENT TO THE 2030 COMPREHENSIVE PLAN APPENDIX I —AREA PLANS - NORTHEAST FREDERICK LAND USE PLAN. —SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Michael Ruddy appeared before the Board regarding this item, He advised this was a proposed amendment to the Comprehensive Plan and the Northeast Land Use Plan. He noted the Board had directed the Comprehensive Plans and Programs Committee to study this area. The Comprehensive Plans and Programs Committee and the Planning Commission endorsed this proposed amendment to the Northeast Land Use Plan with the Historic Resources Advisory Board comment regarding protection of environmental features and preservation of developmentally sensitive areas, Deputy Director Ruddy went on to say the proposed land use designation would be OM {Mixed Use Office /Industrial }. He noted that discussions with VDOT regarding roads would continue. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor We11s, the Board forwarded this item for public hearing with discussions with VDOT to continue. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REQUEST TO SCHEDULE WORK SESSION RE: COMPREHENSIVE POLICY PLAN AMENDMENT CPPA AND OTHER PLANNING ITEMS. —STAFF TO RESCHEDULE Staff presented a number of dates to the Board for a possible work session. None of the dates worked for a majority of the members. Administrator Riley advised staff would work with the Board to coordinate something in August. BOARD LIAISON REPORTS Administrator Riley advised the Economic Development Authority was ready to hold a work session with the Board to discuss the transition from EDC to EDA, signage, messaging, etc. He noted staff would have a memo on the Board's July 9, 2014 meeting agenda requesting possible dates. Chairman Shickle stated the Board might want to have a closed session that night to discuss personnel matters. Minute Bnok 1Vumber 39 Board of Supervisors Regular Meeting of 06/25/14 ��� CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Wells reported the Handley Regional Library was doing same exciting things. They would be conducting an open house at the library and would like the Board to attend. Administrator Riley announced that he would be retiring from his position as county administrator effective January 1, 2015 and he would have more to say at a later date. ADJOURN 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. {9:10 P.M.) Richard C. Shickle Chairman, Board of Supervisors n ley, Jr. Jerk, Board of Supervisors Minutes Prepared By: � ` Jay . T bs Deputy Clerk, Board of Supervisors Minute hook Number 39 Board of Supervisors Regular Meeting of 06/25/14