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August 13 2014 Regular Meeting Minutes035 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 13, 2014 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Hess 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 changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the 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 CONSENT AGENDA = APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Human Resources Committee Report; and - Road Resolution —Shady Elm Farms Subdivision. Upon a motion by Supervisor Lofton, 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 Minute Book Dumber AO Board of Supervisors Regular Meeting of 08/�31t4 oasl AMERICAN HEART ASSOCIATION'S FIT - FRIENDLY WORKSITE RECOGNITION PRESENTATION Gail Mates, American Heart Association, presented the Fit - Friendly Worksite Recognition Award to Administrator Riley. This award was in recognition of the steps taken by Frederick County to improve the health and lives of its employees. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisor comments. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the July 9, 2014 regular meeting. The minutes were 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 Lofton, seconded by Supervisor Hess, the Board approved the minutes from the July 16, 2014 budget work session. The minutes were 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 COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD - (RESOLUTION #OOG -14) JANE R. ANDERSON � APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved Jana R. Anderson as Frederick County's Employee of the Month for July 2014. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, Minute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14 03� WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Jane R. Anderson, who serves the Commissioner of the Revenue's Off ce was nominated for Employee of the Month; and, WHEREAS, Jane R. Anderson, Chief Deputy, has saved the county money with providing an in -house reassessment accurately for many years in addition to assisting all the divisions within the Commissioner of the Revenue's Office in day to day operations. Jane is to be commended for her commitment to the Corramissioner of the Revenue's Office; and, NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of August, 2014, that Jane R. Anderson is hereby recognized as the Frederick County Employee of the Month for July 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Jane R. Anderson for her outstanding performance and dedicated service and wishes -her continued success in future endeavors; and, BE IT FURTHER�RESOLVED, that Jane R. Anderson is hereby entitled to a1i of the rights and privileges associated with her award. The above motion was approved 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 NATIONAL PARK SERVICE SITE MANAGER AMY BRACEWELL TO ADDRESS THE BOARD RE: UPDATE ON ACTIVITIES AND DEVELOPMENT AT CEDAR CREEK AND BELLE GROVE NATIONAL HISTORIC PARK Amy Bracewell, National Park Service Site Manager, updated the Board on various park activities, programs, etc. to include: - National Park Service Brochure; - Summer Programs; _ Park Trails System; - Highway Directional Signs; and - Battle of Cedar Creek 150th Anniversary Planning. COMMITTEE APPOINTMENTS APPOINTMENT OF JEFF STEVENS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board appointed Jeff Stevens to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires August 13, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Boak Number 40 Board of Supervisors Reguiar Meeting of 08/13/14 � ' 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 APPOINTMENT OF MARIANNE BIVIANO TO THE SHAWNEELAND SANTTARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a rnoiion by Supervisor Lofton, seconded by Vice - Chairman DeHaven, the Board appointed Marianne Biviano to the Shawneeland Sanitary District Advisory Committee to fill the unexpired term of William Swimley. Term expires November 9, 2015. 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 RE VEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request to authorize the Treasurer to refund a taxpayer the amount of $3,81b.54 for part of 2011, all of 2012, 2013, and 2014 real estate taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. The taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner, the Treasurer, and the County Attorney on a confidential basis. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the refund request and authorized a supplemental appropriation in the sanne amount. 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 COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA Minute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14 �7 7 The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, July l ltt', 2014 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Chris Collins, Supervisor Robert Wells, Citizen Melxzber Don Butler, Citizen Member Dorrie Greene, and Citizen Melxiber Beth Lewin. Also present were: Assistant County Administrator Kris Tierney, . Commissioner of the Revenue Ellen Murphy, and DSS Representative Melody Williams. ** *Items Requiring Action * ** ]. Approval of the Employee of the Month Award. The Committee recommends approval of Chief Deputy COR Jane Anderson as the Employee of the Month for July 2014. ** *Items Not Requiring Action * ** 1. Presentation by the Commissioner of the Revenue, Ellen Murphy. At the request of the Committee, Ms. Murphy presented an overview of the objectives and responsibilities of the Commissioner of the Revenue's Office. The presentation also provided the Committee an understanding of her department's role, authority, projects, and topics of importance within her department. Presentation Attached. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled fox Friday, August 1St, 2014. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 16, 2014 at 8:00 a.m. Non - voting liaisons C. William Orndoff and Ellen Murphy were absent. A Finance CornmitteeBoard of Supervisors budget work session followed at 8:30 a.m. in the Board of Supervisors meeting room. 1. The Sheriff requests an FY2014 General Fund supplemental appropriation in the amount of $2,84294. This amount represents funds received for the sale of unclaimed cattle. The Sheriff requests to use these funds for the DARE program. No local funds required. See attached memo, p. 4. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, 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 2. The Sheriff requests an FY2014 General Fund budget transfer in the amount of $53,520 to cover the cost of gasoline. Policy requires that transfers out of the personnel line items be approved by the Board. See attached memo, p. 5. 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 Minate Book Dumber 40 Board of supervisors Regular Meetiug of 08/13!14 040 Christopher E. Collins Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. The Sheriff requests an FY2015 General Fund supplemental appropriateon in the amount of $53,593 to cover the annual maintenance contract for the Sungard/OSSI software. Local funds are required. See attached memo, p. 5. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, 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 4. The Public Works Director requests an FY2015 Shawneeland Fund supplemental appropriation in the azx�ount of $80,000. This amount represents a carry forward of funds from FY2014 for services associated with the upgrade of the spillway at Lake Cherokee in Shawneeland. This request has been approved by the Public Works Committee. 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, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 5. The Fire & Rescue Chief requests an FY2015 General Fund supplemental appropriation in the amount of $27,000. This amount represents year one of the SAFER grant for recruitment and retention. No local funds required. See attached information, p. 7 -27. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Richard G Shickle Charles S. DeHaven, Jr. Christopher E. Collins Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Aye Aye Aye Aye Aye Aye Aye * * *)<nfarmation Only * ** 1. The Finance Director provides a Fund 10 Transfer Report for FY2014. See attached, p. 28 -29. Minute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14 041 2. The Finance Director provides a preliminary FY2014 Fund Balance Report for the period ending June 30, 20I4. See attached, p. 30. 3. The Government Firlance Officers Association (GFOA} has awarded the County the Award far Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2013 Comprehensive Annual Financial Report (CAFR). This is the 28�' consecutive year that Frederick County has received this achievement. See attached, p. 3I -32. Vice - Chairman DeHaven congratulated staff on receiving the GFOA Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2013 Comprehensive Annual Financial Report {CAFR} for the 28`h consecutive year. 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2013 Popular Annual Financial Report (PAFR }. This is the 7�' consecutive year that Frederick County has received this award. See attached, p. 33 -34. 5. The Sheriff provides infarrnation on the Internet Crimes Against Children grant received in the amount of $73,532. See attached information, p: 35 -38. PUBLIC HEARING PUBLIC HEARTNG - OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN HOTLINE — 1STH ANNUAL FRIDAY FISH FRY. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTYON 86- 3, PERMIT REQUYRED; APPLYCATIO_N; ISSUANCE OR DENIAL; FEE, FOR AN OUTDOOR _FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY, SEPTEMBER 5 2014 FROM 4:00 P.M. TO 9:00 P.M.• ON THE GROUNDS OF GROVE'S. WINCHESTER HARLEY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, INC. - appunvF.n ..� Administrator John advised this was a request for an outdoor festival permit by Concern Hotline for their I5`h Annual Friday Fish Fry. The event will be held on Friday, September 5, 2014 `from- 4:00 p.m. to 9:00 p.m. on the grounds of Grove's Winchester Harley- Davidson, I40 Independence Drive, Winchester. Property owned by Jobalie, Tnc. Chairman Shickle convened the public hearing. There were na public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the outdoor festival permit request of Concern Hotline. 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 11�inute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14 042 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - 2030 COMPREHENSIVE PLAN AMENDMENT -- MCCANN- SLAUGHTER PROPERTIES. A PROPOSED AMENDMENT TO THE NORTHEAST FREDERICK LAND USE PLAN (NELUP }, CONTAINED WITHIN APPENDIX I OF THE 2030 COMPREHENSIVE PLAN. THE MCCANN- SLAUGHTER PARCELS CONTAIN APPROXIMATELY 160 ACRES NEAR THE INTERSECTION OF MARTTNSBURG PIKE AND OLD CHARLESTOWN ROAD ON BOTH SIDES OF MCCANN ROAD AND ADJACENT TO THE CSX RAILROAD. THE PROPERTY IDENTIFICATION NUMBERS ARE 44 -A -40 AND 44 -A -25B IN THE STONEWALL MAGISTERIAL DISTRICT. THE PROPERTIES ARE COLLECTIVELY DESIGNATED IN THE 2030 COMPREHENSIVE PLAN FOR VARIOUS TYPES OF LAND USES INCLUDING DEVELOPMENTALLY SENSITIVE AREAS (DSA} A_ND INDUSTRIAL. THE PROPOSAL WOULD ALLOW MIXED USE OFFICE MANUFACTURING LAND USES ON A PORTION OF THE PROPERTY AND MAINTAIN THE DSA ON THE BALANCE OF THE PROPERTY. — (RESOLUTION #007 -14) - APPROVED Deputy Planning Director Michael T. Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the Northeast Frederick Land Use Plan. The applicant requested changes to the land use designation. He noted the Planning Commission had worked with the applicant and ultimately endorsed this balanced approach to amending the Northeast Land Use Plan. The proposed amendment protects the environmental features on the site, as well as maintains developmentally sensitive areas. The proposed land use is O.M (Mixed Use Office/Industrial). He concluded by saying the Planning Commission recommended approval of this amendment. Chairman Shickle stated there did not appear to be any changes to this proposal since the Board Last saw it. Deputy Director Ruddy responded correct. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public heating. Upon a motion by Vice - Chairman Dek-laven, seconded by Supervisor Wells, the Board approved the resolution to adopt an amendment to the 2030 Comprehensive Plan Appendix 1— ,Area Plans the Northeast Frederick Land Use Plan (NELUP) WHEREAS, the 2030 Comprehensive Plan, the Plan, was adopted by the Board of Supervisors on .Tiny 14, 2011; and WHEREAS, the McCann Slaughter parcels {PINS 44 -A -40 and 25B) contain approximately 160 acres near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road and adjacent to the CSX Railroad; and Minute Book ]lumber 40 Board of Supervisors Regular Meeting of 08/13/14 0'4 � WHEREAS, this amendment will preserve the integrity of the areas identified with Developmentally Sensitive Area (DSA), preserving historic and environmental areas, while permitting development south and east of the DSA and south of McCann Road; and WHEREAS, this amendment will now include an OM (Mixed Use Office /Industrial} land use designation; and WHEREAS, the Frederick County Planning Commission held a public hearing an this proposed amendment an July 1G, 2014 and recommended approval; and WHEREAS; the Frederick County Board of Supervisors held a public hearing an this proposed amendment on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2030 Comprehensive Plan, Appendix I, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice, and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDIX I, is adopted. This amendment will reduce the Developmentally Sensitive Area (DSA} with development limited to those areas to the south of the DSA and South of McCann Road; and will include an OM (Mixed Use Office /Industrial) land use designation. Passed this 13th day of August 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 PUBLIC HEARING - 2030 COMPREHENSIVE PLAN AMENDMENT, CPPA� LFC_ CIMIDDLETOWN SWSA, FUTURE EXPANSION AREA — FO_LLOWING ON FROM THE RECENTLY APPROVED LFCCIMIDDLETOWN SWSA WHICH CREATED A T38 -ACRE SWSA IN THE AREA SURROUNDING AND INCLUDING THE -LORD FATRFAX COMMUNITY COLLEGE THE PROPOSED FUTURE EXPANSION AREA PREVIOUSLY IDENTIFIED AS PHASE _ 2, INCLUDES ADl]IITTONAL 100 ACRES OF BUSINESS DEVELOPMENT LAND USES IN SUPPORT OF THE COLLEGE, AND AN EXPANSION OF THE MIDDLETOWN/LORD FAIRFAX SWSA TO BE SERVED BY FREDERICK COUNTY SANITATION AUTHORITY CSA . THE PROPERTY IDENTIFICATION NUMBER IS 84 -A -78 IN THE BACK CREEK MAGISTERIAL DISTRICT. — RESOLUTION #008 -T4 - APPROVED Deputy Director Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the Comprehensive Plan for the Middletown/LFCC SWSA expansion. He noted the original expansion was approved several years ago. This particular proposal encompassed approximately 100 acres with a proposed OM designation for business development land uses. The property is adjacent to Middletown Elementary School and north of Lord Fairfax Community College. Deputy Director Ruddy advised that part of the Board's discussions centered on who would be responsible to provide water and services service to this Minute Book l�iumber 40 Board of Supervisors Regular Meeting of OS /I3 /14 0441 area. It was the Board's desire that the Frederick County Sanitation Authority provide services to those properties located within the Sewer and Water Service Area. Chairman Shickle convened the public hearing. David Griffin, Town Attorney for the Town of Middletown, requested the Board not expand the Frederick County Sanitation Authority's water and sewer area. He thought this was bad planning to da that. He went on to say the Town had built and expanded their existing wastewater treatment plant and part of that additional capacity was built with the understanding that the Town would serve this area. He concluded by saying this proposed change was not a good plan. Charles Harbaugh, IV, Mayor of Middletown, read the following letter on behalf of Mr. Robbie and Amy Molden, who could not attend the meeting due to prior vacation plans. The letter cited the 254 acres of developable land in the Reliance Road area plan and the creation of local construction and long term jabs should these properties be allowed to develop. The proposal to have the Frederick County Sanitation Authority provide water and sewer to these properties is costly and pushes the development timeline firrkher out. The Town of Middletown has extra capacity and could benefit from this customer base. They asked that the County and the Town work together to reach an agreement where the Town could benefit from the new customers and the County would benefit from the additional tax revenue. Mayor Harbaugh went on to say the Town wanted to be a partner with this project, as it benefits both the Town and the County. Donald Riffey, Director of Public Works for the Town of Middletown, advised the Tawn was already providing water and sewer service in that area, specifically to Middletown Elementary School, Lord Fairfax Community College, and the Exxon station. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Lofton stated he thought the sanitation authority would partner with the town to provide water and sewer service. He encouraged FSCA to work towards this partnership with the town. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the resolution to adopt an amendrnent to Appendix I of the 2430 Comprehensive Plan Middletown/Lord Fairfax Sewer and Water Service Area. WHEREAS, the 2430 Comprehensive Plan, The Plan, was adapted by the Board of Supervisors on July 14, 2411; and Minute Book Number 40 Board of 5uper�isors Regular Meeting of 0$/131I4 045 WHEREAS, this amendment would result in the expansion of the Middletown /Lord Fairfax Sewer and Water Service Area {SWSA} by approximately 100 acres and the application of an OM (mixed use industrial /off ce) business development land use designation; and WHEREAS, the properties within this SWSA would be served by the Frederick County Sanitation Authority (FCSA); and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on ]uly 16, 2014 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2030 Comprehensive Plan, Appendix I, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDTX I, is adopted. This amendment expands the Middletown/Lord Fairfax Sewer and Water Service Area (SWSA) by approximately 100 acres and the application of an OM (mixed use industrialloffice) business development land use designation. Passed this 13�' day of August. Supervisor Wells stated he wanted to see this area developed and he would like to see the sanitation authority and the Town work fogether. Supervisor Hess asked if it would be appropriate for the Board to pass a resolution of support for the sanitation authority to work with the town. Administrator Riley advised the Board could add wording to the resolution or draft a letter directing the authority to work with the Town. Supervisor Fisher stated that was his intent also. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, .lr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - 2030 COMPREHENSIVE PLAN AMENDMENT CPPA RELIANCE ROAD SEWER AND WATER SERVICE AREA (SWSA) DESIGNATION — MIDDLETOWN LLC PROPERTIES AND �MOLDEN PROPERTIES. MIDDLETOWN PROPERTIES LLC OWNS APPROXIMATELY 41 ACRES AT MIDDLETOWN EXIT OFF INTERSTATE $1, EAST OF THE INTERCHANGE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 91 -A -S6 91 -A -57 AND 91 -A -59 IN THE OPE UON MAGISTERIAL DISTRICT. MOLDEN PROPERTIES HAS 90 ACRES TO THE EAST AND IS Minute Book Number 40 Beard of Supervisors Regular Meeting of 08/13/14 046 IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 91 -A -47 91 -A- 47A AND 91 -A -67 IN THE OPE UON MAGISTERIAL DISTRICT. ADDITIONAL PROPERTIES WITHIN THE RELIANCE ROAD STUDY AREA MAY BE ADDED TO E\TSURE A CONTIGUOUS SWSA. — RESOLUTION #009 -141 - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item He advised this was a request to amend the sewer and water service area. The requested amendment followed prior discussions. The Board received letters from Middletown Properties, LLC and Molden expressing interest in being served by water and sewer. The proposed area followed the Reliance Road Land Use Study. He noted the proposed text supports the expansion of the sewer and water service area. He noted the Board might want to determine the area of expansion and stated the area could be reduced, if desired. The Planning Commission recommended approval of this request. He concluded by saying the sanitation authority has the responsibility for providing water and sewer service to the properties in the SWSA either by agreement or with infrastructure development. He concluded by saying the Planning Commission recommended approval, but recognized the need far the dialogue between the Board of Supervisors and the Town of Middletown to continue. Chairman Shickle convened the public hearing. David Griffin, Town Attorney for the Town of Middletown, stated the Town strongly opposed this proposed amendment io the Comprehensive Plan. He went onto say this was a bad amendment and a bad policy and it did not promote public health or welfare. He stated the Frederick County Sanitation Authority does not have plans or the infrastructure to provide service to these properties. He advised the Town of Middletown has the infrastructure and capacity to service this area. He stated this proposal undermines years of work with this board. He went on to say the Town was led to believe they would be working with the Board on a boundary line adjustment. He concluded by urging the Board not to approve this proposed amendment. Tom Simon, Middletown town council member, stated his opposition to the proposed amendment based on the current wording. John Copeland, Middletown Vice Mayor, urged the Board to continue working with Middletown regarding the future of this area. There being no further comments, Chairman Shickle closed the public hearing. Supezvisor Wells stated he had been consternating with this for the last couple of months. Minute $ook lumber 40 Board of Sa�ervisors Regular Meeting of 48/13/14 0 4 �` He hoped there would be a mutual agreement between the County and the Town. He went on to say he would like to have the Town agree to serve this property for 10 to 1 S years with the Sanitation Authority to take over the provision of service at that time. He concluded by saying he would like to see this land developed for the tax bases of both Middletown and Frederick County. Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved the amendment to Appendix 1 of the 2030 Comprehensive Plan Reliance Road Area Land Use Plan Sewer and Water Service Area, as presented. WHEREAS, the 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, the Board of Supervisors adopted the Reliance Road Area Land Use Plan as apart of the 2030 Comprehensive Plan on December 14, 2011; and WHEREAS, this amendment would result in the creation of a sewer and water service area around the properties contained within the Reliance Road Land Use Study, totaling approximately 311 acres; and WHEREAS, the properties within the SWSA would be served by the Frederick County Sanitation Authority (FCSA} modifying the text of the Reliance Road Land Use Plan to reflect this direction; and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on July 16, 2014 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisars finds that the adoption of this amendment to the 2030 Comprehensive Plan Appendix I, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good zoning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDIX I, is adopted. This amendment results in the creation of a Sewer and Water Service Area {SWSA) around the properties contained with the Reliance Road Land Use Study of approximately 311 acres, being served by the Frederick County Sanitation Authority (FCSA), modifying the text of the land use plan to reflect this direction. Passed this 13�h day of August, 2014. Supervisor Hess stated it seemed the County and the Town have the same objective. He suggested the Frederick County Sanitation Authority become a customer of Middletown and sell service to the County. Supervisor Lofton stated it was his desire to have the Sanitation Authority work with the Town. He hated to see the Town cut out of revenue. He concluded by saying he would like to see the Sanitation Authority -be the provider to all entities in the county. Minute Book Number 44 Board of supervisors Regular Meeting of 08/13/14 • w� ■ �J Vice - Chairman DeHaven stated the Board needed to back up and look at the bigger. picture. He went on to say if it does not work the way we want them to then we can revisit it. Supervisor Wells stated he wanted to see this happen. Supervisor Collins stated tonight was the first time he had heard anyone say anything negative about this project. He went on to say it had been around for five year and he was in favor of it moving forward. He believed this the direction. we should ga. Chairman Shickle stated there was a part of this plan that was a "twist" to what Middletown thought was going to happen. He stated this plan opens the property up for a rezoning and the approval authority for any rezoning currently Iies with the County.. He went on to say the Town could not have expressed what was said tonight any sooner because a direction had not yet been set. There being no further discussion, 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 PUBLIC HEARING - REZONING #01 -14 COWPERWOOD/FEMA SUBMITTED BY GREENWAY ENGINEERING INC. TO REZONE 1.24 +/- ACRES OF A 18 34 -ACRE PROPERTY FROM RA (RURAL AREAL DISTRICT TO B2 BUSINESS GENERAL DISTRICT WITH PROFFERS. THE BALANCE OF THE PROPERTY IS TO REMAIN 1.6.53 +/- M1 DUSTRIAL LIGHT DISTRICT AND 0.57 +1- RA URAL AREA DISTRICT. THE PROPERTY IS LOCATED ON THE WEST SIDE OF MARTINSBURG PIKE OUTE 11 NORT AND IS LOCATED APPROXIMATELY 0.6 MILES NORTH OF INTERSTATE Sl EXIT 317 AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 43 -A -111 IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #010 -14) - APPROVED Vice_ Chairman DeHaven abstained from this item due to a conflict of interest, as he was an adjoining property owner. Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a minor rezoning. This was a request to rezone 1.24 acres from RA {Rural Area} io B2 (Business General). This was a portion of an 18.34 acre parcel. It was noted the remaining balance of the property would remain M1 {16.53 acres) and RA {0.57 acre). The Planning Commission recommended approval of This rezoning proposal. Deputy Director Ruddy noted the commercial land uses were consistent with the Northeast Land Use Plan and There were Minute Rook Number 40 Board of Supervisors Regular Meeting of 08/13/14 04 no impacts associated with this rezoning. He went on to say the proffers were very restrictive and allowed only a single family dwelling on the property. The parcel would be accessed via Route 11. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of this application. He advised this was the first step in a two step process. This rezoning would allow the 1.24 acre parcel to be subdivided off of the larger property. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved Rezoning #01- I4 Cowperwood FEMA. WHEREAS, Rezoning #01 -14 of Cowperwnod FEMA, submitted by Greenway Engineering to rezone 1.24 acres from RA (Rural Areas} District to B2 (Business General) District with proffers dated February 14, 2014, last revised on June 17, 2014, was considered. The property is located on Martinsburg Pike (Rt. 11) and is located approximately 0.6 miles north of Interstate 81 and Exit 317. The property is further identified with P.I.N. 43 -A -111 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing an this rezoning on July 16, 2014 and recommended approval of this request; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.24 acres from RA (Rural Areas) District to B2 {Business General) District wish proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect an the date of adoption. Passed this 13`x` day of August, 2014 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Abstain Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #06 -14 —LAKE FREDERICK REVISION 1 -- �RESOLUTION #011 -14) - WAIVER APPROVED Minute Baok Nnmber 40 Board of Supervisors Regular Meeting of OS /13/14 050 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a revised master development plan for the .Lake Frederick community. The changes include removal of the commercial pod located in Phase 1 B, removal of a road connection and addition of lots in Phase 11 A, and addition of a model court in Phase 1 A. These changes do not impact the overall approved lot numbers within the development. She went on to say that as part of this master development plan, the applicant is requesting a waiver of the public street requirements within the Lake Frederick Development. The applicant is requesting that the public streets be waived to allow the development to be constructed with a complete network of private streets with gated access. She advised the applicant has provided a letter stating the homeowners association would be responsible for the maintenance of the private streets in perpetuity and a licensed professional engineer would oversee construction. The design plans would need to meet the specif ed VDOT standards and would be verified by staff and the applicant's engineer. The Planning Commission recommended approval of this waiver request at their 3uly 1 b, 2014 meeting. She concluded by saying the master development plan was being presented to the Board for information, but Board action was being sought on the waiver request. Chairman Shickle stated it was not abundantly clear from the agenda or advertisement that a waiver was being sought. He asked staff to make sure the wording clearly stated what action was being sought by the Board. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved the waiver request for private streets in Lake Frederick. WHEREAS, the Lansdowne Development Group has requested a waiver of the public street requirement in the Lake Frederick Development as allowed by 8165- 502.OSK(1) of the Zoning Ordinance. This waiver would permit the Lake Frederick Development to be developed with a complete network of private streets; and WHEREAS, the Planning Commission held a public meeting on this waiver request on July 16, 2014; and WHEREAS, the Board of Supervisor held a public meeting on this waiver request on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisors Ends that the approval of this waiver to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that a waiver of 8165- 502.05K(1) of the Frederick County Zoning Ordinance is approved to waive the public road requireme>I�t within the Lake Frederick Development. Passed this 13�' day of August, 2014 by the following recorded vote: Richard C. Shickle Nay Minute Book Number 40 Board of Supervisors Regular Meeting of 08113/I4 ��� Charles S. DeHaven, Jr. Nay Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ROAD RESOLUTION ( #012 -14) — SHAD_Y ELM FARMS SUBDIVISION — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request far addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORT Supervisor Lofton informed the Board of an open house at the Alson H. Smith Center, which will take place on August 16, 2014. He also congratulated Marsha Wright on being named 2014 Virginia Tech College of Agriculture and Life Sciences 2014 Employee of the Year. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher reported on his attendance at the Frederick County Public Schoois' convocation that morning, He stated everyone came out of there uplifted and enthused. He went on to say we have a lot to be proud of and they are doing a lot of things well. Supervisor Wells asked the Board to consider a resolution for former Stephens City Mayor Joy Shull honoring her 36 years on the town council and recognizing her service. The Board's consensus was to prepare a resolution. G�IL11�� 7►i Minute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14 05� UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:2b P.M.} ,�/ Richard C. Shickle Jon Ri r. Chairman, Board of Supervisors _ k, Board of Supervisors Minutes Prepared By: Jay E. ib Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 08/13/14