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September 10 2014 Regular Meeting Minutes�.� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 10, 2014 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickfe; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO URDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Lofton 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 deleted the Parks and Recreation Caznmission Report from the agenda. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the agenda by the %flowing 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: - Resolution of Appreciation to Joy Shull- Gellner, Mayor and Council Member, Stephens City, Virginia —Tab C; - Human Resources Committee Report —Tab Y; - Transportation Comrxzittee Report —Tab M; and - Resolutions re: Road Abandonment of Route 9159 (Old Gainesboro School Road) — Tab P. Upon a motion by Supervisor Collins, seconded by Vice�Chairman DeHaven, the Board approved the consent agenda by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 09/10/14 ��� Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS John P. Good, Jr., former chairman of the Land Use and Development Subcommittee, addressed the Board regarding the landscape ordinance, which was scheduled for discussion later on the agenda. He stated the proposal did not satisfy the suggestions of his subcommittee. He went on to say the committee's suggestions did not get reflected in the final product. He stated landscaping was a public safety issue because he had almost hit vehicles on two separate occasions due to his line of sight being obstructed by landscaping. He did not know what else to recommend to the Board. He went on to say the average person did not have exposure to this ordinance. He concluded by saying he would be willing to draft another version. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. COUNTY OFFICIALS MINUTES - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutcs from the August 12, 2014 special meeting 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. Lo#Ion Aye Robert W. Wells Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the minutes from the August 12, 2014 work session with the Planning Commission 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 approved the minutes from the August i 3, 2014 regular meeting by the following recorded vote: Richard C. Shickle Aye Minnte Booic Number 4© Board of Supervisors Regular Meeting of 09/1011h 062 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 August 19, 2014 special meeting 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 Fisher, seconded by Supervisor Lofton, the Board approved the minutes from the August 19, 2014 work session with the Economic Development Authority 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 APPROVAL AND RATIFICATION OF ENTRY INTO A CONTRACT WITH SPRINGSTED, INCORPORATED FO_R CONSULTANT SERVICES FOR RECRUITMENT AND HIRING OF A COUNTY ADMINISTRATOR — (RESOLUTION #013 -14) - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the resolution approving the contract with Springsted Incorporated. BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, hereby approves and ratifies entry into a contract with Springsted Incorporated for consultant services for recruitment and hiring of a County Administrator. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the Chairman to execute the contract on its behalf. ADOPTED, this 10`f September 2014. 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 40 Board of Supervisors Regular Meeting of 49/10/14 063 VIRGINIA ASSOCIATION OF COUNTIES (VACO) DIRECTOR O_F INTERGOVERMENTAL AFFAIRS BEAU BLEVINS TO PRESENT VACO ACHIEVEMENT AWARD TO THE BOARD Beau Blevins, Director of Intergovernmental Affairs for the Virginia Association of Counties, appeared before the Board to present a VACo Achievement Award to the Board for the Lake Holiday Dam Sanitary District project. This innovative program was the first VACo Achievement Award for Frederick County. RESOLUTION ( #Ql4 -I4) OF APPRECIATION TO JOY SHULL- GELLNER, MAYOR AND COUNCIL_ MEMBE STEPHENS CITY — APPROVED UNDER „� . ,_. CONSENT AGENDA WHEREAS, Joy Shull - Gellner served the citizens of Stephens City and Frederick County, Virginia, for 30 years as mayor and town council member fox the Town of Stephens City; and W)E�REAS, Joy Shull - Gellner was the first female mayor in Stephens City's 250 - year history; and WHEREAS, during her tenure she oversaw the creation of the Newtown Heritage Festival, the annexing of property to increase the town's size, and, most significantly, acquiring the water rights to the quarries located inside of the town limits ;and WHEREAS, she was very involved in the town's Finance Conu7uttee and Water and Sewer Committee; and WHEREAS, Joy Shull- Gellner was a tireless worker for all of the residents of Stephens City; and WHEREAS, this Board will always consider Jay Shull - Gellner a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Joy Shull - Gellner and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supercrisors for all citizens to reflect upon the accomplishments of this citizen legislator. ADOPTED this 1.0�� day of September, 204. COMMITTEE APPOINTMENTS APPOINMENT OF ROBERT RHODES TO THE BOARD OF BUILDING APPEALS - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board appointed Robert Rhodes to the Board of Building Appeals. This is a five year appointment. Term expires September 10, 2019. The above motion was approved by the following recorded vote: Minute Book 'umber 44 Board of Supervisors Regular Meeting of 49/10/14 �. 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 MICHELLE LANDON TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the reappointment of Michelle Landon to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires October 8, 2016. 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. Fishex Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board appointed the following members to the Frederick County Economic Development Authority: Doug C. Rinker Gary A. Lofton Richard G. Dick Josh Phelps Dennis McNutt Ja:nnes L. Longerbeam Bob Claytor Term: 09/10/14 - 01/10/15 Term: 09/10/14 - 11/10/15 Term: 11 /10/12 - 11/10/16 Tenn: 09/10/14 - 11/10/16 Term: 09/10/14 - 11/18/17 Term: 09/10/14 - 09/10/18 Term. D9/10/14 - 09/10/18 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 Abstain Robert W. Wells Aye REQUEST FROM FREDERICK COUNTY SCHOOLS TO SCHEDULE PUBLIC HEARING DATE TO PARTICIPATE IN THE FALL 2014 VIRGINIA PUBLIC SCHOOL AUTHORITY SA BOND SALE - APPROVED Administrator Riley advised this was a request from Frederick County Public Schools for the Board to schedule a public hearing an October 8, 2014 for the Fall 2014 VPSA bond sale. The amount being sought this year is $15 million. Minute Book Number 40 Board of Supervisors Regular Meeting of 0911.0114 �06� Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved scheduling the public hearing for the October 8, 2014 meeting. 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 REQUEST FROM ROUND HILL FIRE AND RESCUE COMPANY FOR APPROPRIATTON OF PROFFER FUNDS - APPROVED Administrator Riley advised this was a request from the Round Hill Fire and Rescue Company for an appropriation of proffer funds in the amount of $ 146,790.00 to be used pay the company's share of design costs for the new Fire Station and Event Center. Upon a motion by Supervisox Hess, seconded by Vice - Chairman DeHaven, the Board approved the appropriation of proffer funds in the amount of $146,790. 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 REFUND REQUEST AND SUPPLEMENTAL APPROPRIATION Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund New World Pasta Company, Inc. the amount of $44,457.04 for adjustment to personal property taxes for tax year 2013 and adjustments to personal property taxes far tai year 2014. The refund is the result of the company's appeal of misfiled machinery and tools as taxable when the property was in fact deemed intangible under applicable law and therefore not subject to personal property taxation. New World Pasta, Inc. is willing to have the refund applied to other balances due. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book'Number 40 Board of supervisors Regular Meeting 01'09110114 t.. 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 — REMOVED FROM THE AGENDA HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee- met in the First Floor Conference Room at 107 North Kent Street on Friday, August 1St, 2014 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Chris Collins, Supervisor Robert Wells, Citizen Member Don Butler and Citizen Member Dorrie Greene. Also present were: Assistant County Administrator Kris Tierney, Public Safety Communications Director LeeAnna Pyles, NRADC Superintendent Jim Whitley, and DSS Representatives Melody Williams and Delsie Butts. Citizen Member Beth Lewin was absent. 1. Noue ** *Items Requiring Action * ** * *"Items Not Requiring Action * ** 1. Presentation by the Director of Public Safety Communications LeeAnna Pyles. At the request of the Committee, Ms. Pyles presented an overview of the objectives and responsibilities of the Department of Public Safety Communications, 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 for Friday, September 12t", 2014. PUBLIC WORKS COMMITTEE REPORT — APPROVED The Public Works Committee met on Tuesday, August 26, 2014 at 8:00 a.m. All members were present except Jim Wilson. The following items were discussed: ** *Items Requiring Action * ** 1. Carry Forward Request for Newspaper Recycling Services - APPROVED The contractor S.P. Fibers, that had provided newspaper recycling services for Frederick County fox the past 16 years, has gone out of business. During that time, S.P. Fibers provided collection cans and hauling at no cost and paid Frederick County a per ton rate which varied depending on the recycling market. Yearly revenue generated from recycled newspapers ranged from a low of approximately $15,000 to a high of approximately $50,000. To avoid an interruption in our newspaper recycling program we have entered into a contract with Southern Scrap who also takes our plastics, glass, and metal can products. This contract would expire in approximately 16 months. Unfortunately, the contract does not include containers and hauling services. The latter service can be coordinated through Allied Waste which currently provides our refuse hauling services. Allied Waste can also provide containers at a rental rate of $726 per month for approximately 33 cans. The company that has purchased some of the assets of S.P. Fibers has offered to sell us Minute Book Number AU Board of Supervisors Regular Meeting of 09/10/14 ��: the existing newspaper containers at a cost of $14,850 far 33 cans. After reviewing these options, the committee unanimously recommended that we purchase the containers using carry forward funds outlined in the attached memorandum from the solid waste manager dated August 4, 2014. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the purchase of 33 cans in the amount of $14,850 and the carry forward of funds. 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 ** *Items not Requiring Action *xx 1. Discussion of Fire Marshal's Proposed Fee Schedule The Fire Marshal, Jay Bauserman, presented a proposed permit fee schedule related to the current Life Safety /Fire Prevention Code. A copy of the proposed permit fees is attached along with a memorandum from the fire marshal dated August 20, 2014. After discussing the proposed Fee schedule, the committee recommended that the fire marshal provide additional information related to the implementation of the permit process and the establishment of a database. Mr. Lofton also requested that samples of inspections be evaluated to determine actual costs versus the proposed fees. It is anticipated that the requested information will be presented at the next public works meeting. {Attachment 2) 2. Request from Building Official for Receptionist Position The committee reviewed and unanimously endorsed a request from the Building Official, Mr. John Trenary, to convert apart -time receptionist position to a full time clerical receptionist position. The attached memorandum provides justification for this request which will be forwarded to the human resources committee for their review. (Attachment 3) 3. Miscellaneous Reports a) Tonnage Report {Attachment 4) b} Recycling Report (Attachment 5) c} Animal Shelter Dog Report (Attachment 6) d} Animal Shelter Cat Report (Attachment 7} CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Cade &Ordinance Committee met on Monday, August 25, 2014 at 3:00 P.M., in the Board of Supervisors' Closed Session Room, County Administration Building, 107 North. Kent Street, Winchester, Virginia. Present were Christopher E. Collins, Chairman; Robert A. Hess; and Stephen Butler. Committee members James Dxown (Arrived at 3:21 p.m.); Derek Aston and Robert Wells were absent. Also present were County Administrator John R. Riley, Jr.; County Attorney Rod Williams; Ross P. Spicer, Commonwealth's Attorney, Sheriff Robert Williamson; Becky Hogan, Clerk of the Circuit Court; Brenda Vance, Clerk of the Winc -Fred General District Court; and Ann Lloyd, Clerk of the Fred -Winc Juvenile &Domestic Relations Court. The committee submits the fallowing: Minute Book Number 44 Board of Supervisors Regular Meeting of 09I1Q/14 !• ** *Items Requiring Soard Action * ** 1. Proposed Amendment to the Frederick County Code, Chapter 155, Taxation, Article XII Assessment for Electronic Summons System; 8155 -47 Assessment of Costs in Criminal and Traffic Cases for the Costs of an Electronic Summons System. The Cade and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation. This amendment is enabled by Legislation enacted by the 2014 General Assembly and permits the imposition of a $5 fee per case in all criminal and Traffic cases resulting in a conviction. The $5 fee would be retained locally, for use by the local law enforcement to pay for costs of implementation and maintenance of an electronic summons system. This system would permit law enforcement officers to print out summonses on location, with the possibility of some data being downloaded directly to the summons farm, also to submit the summons information electronically to the appropriate court. Upon a motion by Mr. Butler, seconded by Mr. Hess, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was unanimously approved. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board sent the proposed amendment forward for public hearing. 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. Proposed Amendments to Chapter 155, Taxation, Article VI Probate of Wills; Grants of Administration, 8155 -29 Tax Imposed. The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation, Article VI Probate of Wills, Grants of Administration, 8155 -29 Tax Imposed. This proposed amendment would add a new subsection B to permit the imposition of a $25 fee by the Clerk of the Circuit Court for each list of heirs or affidavit relating to real estate filed in probate cases in which the decedent did not leave a will. This proposed amendment represents an effort to treat estates with wills and those without more equitably. Upon a motion by Mr. Hess, seconded by Mr. Butler, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was approved. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board sent the proposed amendment forward for public hearing. 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 Sook Number 40 Board of Supervisors Regular Meeting of 09/10/14 i,• ** *Items Not Requiring Soard Action * ** 1. Running of Red Lights and Implementation of Red Light Cameras Sheriff Williamson briefed the Committee on the issue of motorists running red lights and the possible use of red light cameras. He stated this was a project undertaken by his Government Service Learning Graup this past year. The consensus of the Committee was to have a joint meeting of the Code &Ordinance Committee and Public Safety Committee to hear a presentation on this topic by Red Flex. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Raom at 107 North Kent Street on Wednesday, August 20, 2014 at 8:00 a.m. All members were present. Non - voting liaison C. William Orndoff was absent. 1. At the request of the committee, Lord Fairfax Community College is present to discuss FY 2015 funding. See attachment provided by Supervisor Lofton on Frederick County Scholarships, p. 4. The cammittee requested further discussion following the next meeting of the College Board. 2. Winchester Main Street Agriculture requests a General Fund supplemental a ro riation in the amount of $5 000 Far the sponsorship of Winchester Main Street Agriculture event on September 20, 2014. Local funds required. See attached letter, p. 5. The committee forwards to the Board of Supervisors with no recommendation. — NO ACTION TAKEN. 3. The Public Works Director requests the following supplemental appropriations. These requests represent a carry forward of unspent FY 2014 funds. All requests have been approved by the Public Works Committee. The committee recommends approval of items a, b, and c. — APPROVED a. General Fund in the amount of $4.500 for road sign materials. See attached, p. 7. b. General Fund in the amount of $1 330 for accessories for new van purchased by the Animal Shelter. See attached, p. 8 -9. c. Landfill Fund in the amount of $420,000 for the final phase of Permit 40, to purchase �a used motor grader, and unexpected changes in the work to reconstruct the leachate holding pond. See attached, p. 10. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above requests 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 Fire &Rescue Chien requests a General Fund supplemental appropriation in the amount of $3.000. This amount represents a carry forward of unspent funds in FY 2014 to outfit the new Fire Marshal K9 vehicle. See attached memo, p. 11. The committee recommends approval. - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request by the fallowing recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 09/10/14 070 Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 5. The Sheriff requests a General Fund su lemental a ro riation in the amount of $1,000. This amount represents a donation received for the Dive Team. See attached memo, p. 12. 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 G 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 b. The Finance Director requests an EDA Fund su lemental a ro riation in the amount of $551,622 to transfer funds from the General Fund to the newly created Economic Development Authority. This amount includes the original EDC budget and funds fox approved merit increase. The committee recommends approval. - APPROVED Upon a rnation by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. 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 ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer Report for July. See attached, p. 13. 2. The Finance Director provides a preliminary FY 2014 Fund Balance Report far the period ending June 30, 2014. See attached, p. 14. 3. The Schools provide the open purchase order report for the year ending June 30, 2014. See attached, p. 15 -17. 4. The County provides the open purchase order report for the year ending Tune 30, 2014. See attached, p. 18 -21. S. The Youth Development Center submits a note of thanks for the County's confiinued support. See attached, p. 22. TRANSPORTATION COMMITTEE REPORT �- APPROVED UNDER CONSENT AGENDA The Transportation Committee met on August 4, 2014 at 8:30 a.m. Minute Book Number 40 Board of Supervisors Regular Meeting of 09/10/14 071 Meznbexs Present Chuck DeHaven (voting} James Racey (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) The committee did not have a quorum. None Members Ahsent Mark Davis {liaison Middletown) Christopher Collins (voting) Gene Fisher (voting) Thom Ruffin (voting) ** *Items Requiring Action * ** ** *Items Not Requiring Action * ** X. Blind Child Area Sign Request Staff presented the following to the Committee: Staff has received a request far a Blind Child Area sign on Plankwood Court in Stephens City. VDOT handles these signs the same way as they handle Children At Play signs, which means that while they don't use them they will allow localities io install them and maintain them. Reasons that VDOT does not use these signs are the same as were brought up when this committee considered Children At Play signs and included potential liability as well as a false sense of security. Staff has contacted the contxaetor that the County uses for street name signs and the estimated cost to purchase and install the sign is approximately $200 depending upon how many posts are ordered at a time. By consensus the committee chose not to proceed with the request. 2. VDOT Project Updates VDOT gave brief updates on a number of their current projects. 3. Sig Year Improvement Program Update Staff led a discussion of the updates to the Six Year Improvement Program chat took place between the draft and final versions. Of key concern was the fact that even regional VDOT contacts did not see the changes coming and no communication was forthcoming from Richmond.. 4. Other PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT RE VEST OF CEDAR CREEK BATTLEFIELD FOUNDATION — 1S0 ANNIVERSARY OF THE BATTLE OF CEDAR CREEK. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED, APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTNAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY OCTOBER 18 AND OCTOBER 19 2014 FROM 9:00 A.M. — 5:00 P.M. EACH DAY TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD 8437 VALLEY PIKE MIDDLETOWN VIRGINIA 22645 PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Administrator Riley advised this was a request from the Cedar Creek Battlef eld Foundation for the 1 SO`h Anniversary of the Battle of Cedar Creek. Event to be held on. October Minute Book Number 40 Board of Supervisors Regular Meeting of 09I1oI14 07� 18th and 19t'', 2014 from 9:00 a.m. to 5:00 p.m. on the grounds of the Cedar Creek Battlefield Foundation. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the outdoor festival permit application of Cedar Creek Battlefield Foundation. 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 Ayc PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - 2030 COMPREHENSIVE PLAN AMENDMENT (CPPA); FREDERICK COUNTY PUBLIC SCHOOLS SEWER AND WATER SERVICE AREA (SWSA) ADJUSTMENT —THE RE4UEST IS FOR CONSIDERATION OF AN AMENDMENT TO THE SEWER AND WATER SERVICE AREA (SWSA) TO SERVE THE PROPOSED 4 HIGH SCHOOL OF APPROXIMATELY 83 ACRES. THE PROPERTY IS LOCATED ADJACENT TO AND EAST OF ADMIRAL RICHARD E. BYRD MIDDLE AND EVENDALE ELEMENTARY SCHOOLS AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 76- A -96E. IN THE SHAWNEE MAGIS'T'ERIAL DISTRICT. -- (RESOLUTION #015 -I4) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed expansion of the Sewer and Water Service Area to accommodate the fourth high school. The property is in the vicinity of Admiral Byrd Middle School and Evendale Elementary School and is part of the Senseny Eastern Frederick Area Plan. The proposed SWSA expansion is consistent with the Comprehensive Plan. He concluded by saying the Planning Commission recommended approval. 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 Collins, the Board approved the resolution to adopt an amendment to the 2030 Comprehensive Plan Sewer and Water Service Area (SWSA} Amendment for the Fourth High School. Minute Book Number 40 Board of Supervisors Regular Meeting of d9110f 14 ��� WHEREAS, The 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, this amendment would result in the expansion of the Sewer and Water Service Area (SWSA} around the property purchased for the Fourth High School approximately $3 acres adjacent to the existing SWSA located on Justes Drive; 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 August 20, 2014 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on September 10, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2030 Comprehensive Plan to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in goad planning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, is adopted. This amendment expands the Sewer and Water Service Area {SWSA) by approximately $3 acres around the property purchased for the Fourth High School, adjacent to the existing SWSA. Passed this 10�' day of September, 2014 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 OTHER PLANNING ITEMS RESOLUTIONS (# 016 -14 & #017 -141 RE: ROAD ABANDONMENT OF ROUTE 9159 SOLD GAINESBORO SCHOOL ROAD) — APPROVED UNDER CONSENT AGENDA Resolution 1 ( #016 -14) WHEREAS, it appears to this Board that Secondary Route 9159 from Route 522 North to 0.070 mile west of Route 522 North (see attached sketch) a distance of 0.070 mile, serves na public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, The Clerk of the Board is directed to post and publish notice of the Board's intent to abandon the aforesaid section of Route 9159, pursua_ nt to 833.1 -151 of the Code of Vixginia of 1950, as amended. BE IT FURTHER RESOLVED, that a certif ed copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. RESOLUTION APPROVED UNDER CONSENT AGENDA. Resolution 2 ( #017 -14} WHEREAS, a public notice was posted as prescribed under Section 33.1 -151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of Minute Boo�C Number 4D Board of Supervisors Regular Meetiug of 09/10/]4 07� road described below from the Secondary System of State Highways; and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of school access Route 9159 from Route 522 North to 0.070 mile west of Route 52 North a distance of 0.070 mile, and hereby deems that section of road is na longer necessary as part of the Secondary System of State Highways; and WHEREAS, the School Board of Frederick County has deemed that school access Route 9159 from Route 522 North to 0.070 mile west of Route 522 North a distance of 0.070 mile, is no longer necessary to provide access to a school facility in Frederick County; NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it froze the Secondary System of State highways pursuant to §33.1- 151 of the Code of Virginia of 1950. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. RESOLUTION APPROVED UNDER CONSENT AGENDA. WAIVER. REQUESTS AND MASTER DEVELOPMENT PLAN REVIEW — WRIGHT RENOVATIONS, INC. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a master development plan to re- subdivide two parcels with three existing dwellings to result in three parcels with a single dwelling on each. The property is zoned RP {Residential Performance) District and is located in the Red Bud Magisterial District. The application included six waiver requests, which required Board of Supervisors' action. The waiver requests were: 1. §144 -17 (L) Curbs and gutters. 2. 8144 -18 (A) (1 }Sidewalks and pedestrian walkways. 3. §144 -19 Streetlights. 4. g 144 -24 (C) Lot access. 5. §144 -26 Buffers and screens. 6. §144 -28 Dedication of colximon open space. He concluded by saying the Planning Commission reviewed this request and recommended approval of the waivers. Mike Artz, Marsh and Legge, appeared before the Board an behalf of the application. He reviewed the history of the creation of the two lots, which dated back to 1928 and 1929. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the waiver requests. The above zziotion was approved by the following recorded vote: Miuute Book Number 44 Board of supervisors Regular Meeting oi09110/14 075 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 ( #018 -141 RE: REQUEST TO FORWARD TO PUBLIC HEARING FOR SOUTHERN FREDERICK AREA PLAN — AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN; APPENDIX I —AREA PLANS. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He stated the Board and Planning Commission held a work session on August 12, 2014 and discussed this proposed plan. He went on to say staff was seeking direction from the Board about sending the proposal forward for public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved sending the Southern Frederick Area Plan forward for public hearing. WHEREAS, Foux Working Groups, consisting of Urban Areas and Residential Development; Business Development; Transportation; and Natural Resources, Historic Resources, and Public Facilities, were formed in the fall of 2013 from area residents and/or business owners; and WHEREAS, the Four Working Groups met independently through the months of October, November, and December 2013 and January 2014, drafting their parts of the Plan, which was then delivered to the Facilitator Group in the Spring of 2014 who, in turn, consolidated the work into a draft Southern Frederick Area Plan; and WHEREAS, following additional public information and input meetings the draft plan was presented at a work session held on August 12, 2014, which provided an opportunity far the Board of Supervisors and Planning Commission to discuss the Southern Frederick Area Plan; and, WHEREAS, Staff sought to obtain direction to move the Southern Frederick Area Plan through the public process as an amendment to the 2030 Comprehensive Plan; and, WHEREAS, the Board was supportive of proceeding with the public hearing process with additional clarification being provided regarding the changes and improvements to the mapping to highlight those changes; and, NOW, THEREFORE, BE IT REQUESTED that the Frederick County Board of Supervisors directs the Frederick County Planning Commission to hold a public hearing and forward a recommendation to the Board of Supervisors regarding the Southern Frederick Area Plan, an amendment to the 2030 Comprehensive Plan, Appendix I -- Area Plans. Passed this 10�' day of September, 2014 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 Baok Number 40 Board of Superrrisors Regular Meeting of 09/10/14 076 DISCUSSION — REVISIONS TO LANDSCAPING RE UIREMENTS — BUSINESS FRIENDLY RECOMMENDATIONS — NO ACTION TAKEN. BOARD CONSENSUS TO HOLD A WORK SESSION ON THIS TOPIC. Senior Planner Candice Perkins appeared before the Board regarding this item. She reviewed the history of this proposal from its original review by the Business Friendly Committee. The Development Review and Regulations Committee reviewed the Business Friendly recommendations at its September 2014, January 2014, and February 2014 meetings. The DRRC felt the requirements currently in place were appropriate. The Planning Commission discussed this ordinance at its Apri12014 meeting. A representative from the Business Friendly Committee spoke during the meeting and the Planning Commission referred this back to the DRRC for further review. The DRRC discussed a proportional upgrade waiver, which would permit applicants proposing minimal upgrades to a property could seek a waiver of the landscaping requirements. The DRRC was satisfied with the proposed changes and forwarded the amendments to the Planning Commission for discussion. The Planning Commission discussed the proposed amendments and forwarded them to the Board for further discussion. She concluded by saying staff was seeking direction from the Board regarding a public hearing on this proposal. Chairman Shickle stated he would like to see a list of areas where there was agreement and disagreement between the DRRC and the Business Friendly Committee. Vice - Chairman DeHaven stated the changes pxaposed were positive, but there were some issues in the current ordinance that the Board should woxk to satisfy. He concluded by saying he was not ready for this to go to public hearing. Supervisor Fisher agreed with Vice - Chairman DeHaven. Supervisor Lofton stated he would like to be somewhere between where we are and having engineers providing us with solutions. Administrator Riley suggested this discussion be handled in a work session format. The Board's consensus was to hold a work session an this topic. DISCUSSION — ZONING DISTRICT BUFFER WAIVERS — RESOLUTION #OI9 -I4 -SENT FORWARD FOR PUBLIC HEARING. Senior Planner Candice Perkins appeared before the Board regarding this item. She advised that staff received a request to revise the Zoning Ordinance to allow a landscape buffer wavier. The Development Review and Regulations Committee and the Planning Commission discussed this proposal and forwarded it to the Board of Supervisors. She concluded by saying Minute Book Number 40 Board of Supervisors Regular Meeting of 09/10/14 az� staff was seeking direction from the Board regarding a public hearing on this proposed ordinance amendment. Chairman Shickle suggested the proposed waiver have a time limit, such as five years. Vice - Chairman DeHaven stated that was his thought also. Supervisor Hess suggested the wording be clarified if the ordinance was going to contain a "sunshine" provision. Chairman Shickle asked why RA property was not included in the chart titled Zoning of -. Adjoining Land. Senior Planner Perkins responded it was in a separate provision under the chart, but she was not sure why it was not included in the chart itself Vice - Chairman DeHaven stated if staff could address the issues raised then the ordinance would be ready for public hearing. Upon a motion by Supervisor Collins, seconded by Vice - Chairman DeHaven, the Board approved sending this amendment forward for public hearing. WHEREAS, the Frederick County Planning Department has received a request to include a zoning district buffer waiver that allows the Board of Supervisors to eliminate or modify a zoning district buffer, if the adjoining land is designated for a similar zoning district in the adapted Comprehensive Plan which would not require a buffer; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their June 26, 2014 meeting and recarnzx�ended that the change be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed change at their regularly scheduled meeting on August 20, 2014 and agreed with the proposed revision; and WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meeting an September 10, 2014; and WHEREAS, the Fxederick County Soard of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include a zoning district buffer waiver that allows the Board of Supervisors to eliminate or modify a zoning district buffer, if the adjoining land is designated for a similar zoning district in the adopted Comprehensive Plan which would oat require a buffer. Passed this 10th day of September, 2014 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 Miuute Book Number 40 Board of supervisors Regular Meetiug of 09/10/14 DISCUSSION — SCREENING FOR OUTDOOR STORAGE AREAS — (RESOLUTION #020 -1�) -SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff had received a request to revise the Zoning Ordinance to modify the screening requirements for outdoor storage areas. The proposal would eliminate the screening element when an outdoor storage area adjoins a property also utilized for outdoor storage. The Development Review anal Regulations Committee and the Planning Commission agreed with the proposed changes and forwarded this item to the Board for further discussion. Supervisor DeHaven asked what would happen if one of the uses were to change. Senior Planner Perkins responded that could be problematic, but the screening could be put up at that time. Chairman Shickle stated this appeared to be an example of buyer beware. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board sent this proposal forward for public hearing. WHEREAS, the Frederick County Planning Department has received a request to modify the screening requirements for outdoor storage areas to eliminate the screening requirement when an outdoor storage area adjoins a property also utilized for outdoor storage; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the change at their June 2014 meeting and recommended that the revision be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed revision at their regularly scheduled meeting on August 20, 201 and agreed with the proposed revision; and WHEREAS, the Board of Supervisors discussed the proposed revision at their regularly scheduled meeting on September 10, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to eliminate the screening requirement when an outdoor storage area adjoins a property also utilized for outdoor storage. Passed this 14�' day of September, 2014 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 Bovk Number 40 Bvar�l of Supervisors Regular Meeting of 0911.0114 �7� BOARD LIAISON REPORTS Chairman Shickle advised that he and Administrator Riley were trying to schedule a meeting of the Joint Finance Committee. The meeting topic would be the Joint Judicial Center. He extended an invitation to the other board members to attend once the meeting is set. CITIZEN COMMENTS Phil Willie, resident of Frederick County, stated he did not hear the name of the taxpayer receiving the refund earlier in the meeting and he thought that was important for the citizens to know. With regard to the buffer issue, he suggested that landowners be allowed to establish the buffer. BOARD OF SUPERVISORS COMMENTS Supervisor Hess reported on his attendance at the open house held by the Virginia Tech's Alson H. Smith Jr. Agricultural Research and Extension Center. He complimented the event and the facility. ADJOURN UPON A MOTION BY VICE�CHAIRMAN DEHAVEN, SECONDED SY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. {S:I4 P.M.) �� r Richard C. Shickle o R. ` y, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: Jay E. ib Deputy Clerk, Board of Supervisors Minute $ook Number 40 Board of Supervisors Regular Meeting of 09/10/14