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November 12 2014 Regular Meeting MinutesU �: A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 12, 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 Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED County Administrator john R. Riley, .Ir. advised there were no additions or changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board appxoved 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; - Resolution Regarding Middletown/Lord Fairfax Sewer and Water Service Area and Reliance Road Area Land Use Plan —Tab G; - Resolution for Authorization to Participate in Aqua Virginia, Inc. Rate Increase Case —Tab H; - Parks and Recreation Commission Report —Tab J; - Joint Code and Ordinance and Public Safety Committee Report —Tab K; - Human Resources Committee Report —Tab L; and - Transportation Committee Report —Tab M. Minute )Book Number 40 Board of Supervisors Regular Meeting of 1I/12114 �~ Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the October 8, 2014 regular meeting. The above motion was approved 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 Rabert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD — (RESOLUTION #026 -14) - BARBARA JOHNSON - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved Barbara Johnson as Employee of the Month far October 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, 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, Barbara Johnson who serves in the Fire &Rescue Department was nominated far Employee of the Month; and, WHEREAS, Barbara Johnson has the compassion, drive, and organizational skills that are beyond compare. She will tackle any task put in her path. She is responsible for Leading all the research for improving storage, reporting, and daily administrative operatians through Minute Book Number 44 Board of Supervisors Regular Meeting of 11/12114 X04 Laserfiche. Barbara Johnson is not only an asset to the Fire Marshal's division of Fire &Rescue, but receives nothing but praise from other department and the public; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 12t" day of November, 2014, that Barbara Johnson is hereby recognized as the Frederick County Employee of the Month for October 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends its gratitude to Barbara Johnson for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Barbara Johnson is hereby entitled to all of the rights and privileges associated with his award. 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 APPOINTMENTS APPOINTMENT OF RAYMOND CROSS TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board appointed Raymond Cross to fill the unexpired term of William H. Grim as Opequon District representative to the Extension Leadership Council. Term expires January 24, 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. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye NOMINATION OF BETSY BRUMBACK TO THE BOARD OF E UALIZATION - APPROVED Upon a .motion by Supervisor Lofton, seconded by Supervisor Wells, the Board nominated Betsy Brumback for appointment to the Board of Equalization. This is a three year appointment. Term expires December 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 Minu #e Book Number 40 Board of Supervisors Regular Mee #ing of 11/12/14 ��o REQUEST FROM FREDERICK COUNTY SCHOOL BOARD FOR APPROVAL TO SELL THE ROBINSON SCHOOL PROPERTY AND TO APPLY THE SALE PROCEEDS TO EXISTING SCHOOL CONSTRUCTION DEBT. — APPROVED TRANSFERRING PROPERTY TO THE BOARD OF SUPERVISORS FOR DISPOSITION BY THE EDA. Administrator Riley advised the Frederick County School Board had declared the Robinson School property as surplus property pursuant to the Code of Virginia Section 22.1 -129. The resolution also requested the School Board be authorized to sell the Robinson School property and retain all of the proceeds to be applied toward future school construction debt. Chairman Shickle stated his preference would have been to have the County sell the property through the Economic Development Authority. Supervisor Lofton agreed. He felt it was a good project for the EDA. Vice- Chairman DeHaven agreed. Upon a rnotion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the surplus property being transferred to the Board of Supervisors for disposition by the EDA. debt. Supervisor Wells stated he would like to see the Board use the money to offset the school Supervisor Hess agreed with Supervisor Wells. Supervisor Collins felt the money should be used to pay down school debt as well. Supervisor Fisher stated the EDA concept was interesting and worthy of study. There being no further discussion:, the above motion was approved by the following recorded vote; Richard C. Shickle Aye Charles S. DeHaven, 3r. Aye Christopher E. Collins Nay Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Robert W. Wells Nay RESOLUTION ( #027 -14) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA ON THE ISSUANCE OF UP TO $SS 000 000 OF REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER VIRGINIA FOR THE BENEFIT OF WESTMINSTER- CANTERBURY OF WINCHESTER, INC. - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisar Fisher, the Board approved the resolution of the Board of Supervisors of the County of Frederick, Virginia on the Minute Book Number 40 Board of Supervisors Regular Meeting of 11/12/14 issuance of up to $55,000,000 of Revenue Bonds by the Economic Development Authority of the City of Winchester, Virginia, for the benefit of Westminster- Canterbury of Winchester, Inc. WHEREAS, the Economic Development Authority of the City of Winchester, Virginia {the "Authority ") has approved the application of Westminster - Canterbury of Winchester, Inc. {the "Company " }, a Virginia non - stack, not- for - profit corporation, requesting that the Authority issue up to $SS,OOO,OOD of its revenue bonds in one or more series at one time or from time to time (the "Bonds ") to assist the Company to: (a) finance certain capital improvements at the Company's facilities (the "Facilities "} located at 300 Westminster Canterbury Drive, Winchester, Virginia 22603, and a portion of which is located in Frederick County, Virginia (the "County "), including, but not limited to, (i) the construction and equipping of a new approximately 15,900 square foot two story health care center consisting of 22 skilled nursing beds, {ii} the construction and equipping of a new approximately 12,100 square foot two story building, which will include a fitness center, dining facilities, multipurpose rooms, office space and recreational space, (iii) the renovation of approximately 37,000 square feet of the existing health care center and the addition of approximately 2,300 square feet, (iv) the renovation of approximately 6,000 square feet of existing buildings located on the Facilities to provide additional administrative and office space, (v) the renovation of the existing loading dock servicing the Facilities, (vi} renovations to existing courtyards located at the Facilities and (vii) other routine capital improvements at the Facilities (collectively, the "Project "); (b) refund the outstanding principal amount of the Residential Care Facility Revenue Bonds (Westminster - Canterbury of Winchester, Inc.), Series 2005A (the "Series 2005A Bonds "} and the Variable Rate Residential Care Facility Revenue Bonds {Westminster - Canterbury of Winchester, Inc.), Series 2005B (the "Series 2005B Bands" and, together with the Series 2005A Bonds, the "Series 2005 Bonds ") originally issued by the Authority for the purpose of (i) financing certain capital improvements at the Facilities, including the acquisition, construction, renovation and expansion of (A) approximately 64 independent living apartments in an approximately 177,000 square foot residential building, (B) an approximately 15,000 square foot vitality center including fitness, pool and recreational areas, (C) existing dining, kitchen and ftness areas at the Facilities and (D) other capital improvements at the Facilities and (ii) refunding the outstanding principal amount of the Authority's Residential Care Facility First Mortgage Revenue Bonds (Westminster- Canterbury of Winchester, Inc.), Series 1998, which were originally issued for the purposes of refunding the Authority's Replacement Bonds (Westminster�Canterbury of Winchester, Inc.), Series 1991, which were originally issued to refiuid the Authority's Residential Care Facility First Mortgage Revenue Bonds (Westminster- Canterbury of Winchester, Inc.), Series 19$5, which were originally issued to (A) finance the acquisition, construction and equipping of the Facilities, (B) finance the construction and equipping of an approximately 47,000 square foot independent living apartment building at the Facilities, and (C) finance the costs of renovations to the health center; (c) fixnd capitalized interest on the Bonds; and {d} finance costs of issuance incurred in connection with the refunding of the Series 2005 Bonds and the issuance of the Bonds (collectively, the "Plan of Finance "); WHEREAS, the Authority held a public hearing on November 4, 2014; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended {the "Code "), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility f nanced with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2 -4906 of the Tndustrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ( "Act ") sets forth the procedure fox such approval; WHEREAS, Section 15.2 -4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second 1Vlinute Book Number 40 Board of Supervisors Regular Meeting of 11/12/14 1�2 locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the second locality; WHEREAS, a portion of the Project is located in the County and the Board of Supervisors of the County of Frederick, Virginia {the "Board ") constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section I47(f) of the Code, the public hearing held by the Authority was within 100 miles of the County; WHEREAS, for purposes of Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code " }, the Authority is issuing the Bonds on behalf of the County; WHEREAS, the Authority has recommended that the Board approve the Plan of Finance and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bands, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds, in an aggregate principal amount up to $55,000,000, by the Authority for the benefit of the Company, solely to the extent required by Section 147 {f) of the Code and Section 15.2 -4906 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in accomplishing the Plan of Finance, 2. The Board concurs with the resolution adopted by the Authority and approves the issuance of the Bonds by the Authority for the benefit of the Company as required by Section 15.2 -4905 of the Virginia Code. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or the Company. In accordance with the Act, the Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit or taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the County. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Frederick, Virginia this 12�' day of November, 2014. The above motion was approved by the following recorded vote:l 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 ( #028 -I4) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA ON THE ISSUANCE OF UP TO $70,000 000 OF REVENUE BONDS BY THE FREDERICK COUN__ TY ECONOMIC DEVELOPMENT AUTHORITY FOR THE VILLAGE AT ORCIEIARD RIDGE. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the resolution of the Board of Supervisors of the "County of Frederick, Virginia, on the Minute Book Number 40 Board of Supervisors Regular Meeting of 11/12/14 X13 issuance of up to $70,000,000 of revenue bonds by the Frederick County Economic Development Authority fox the Village at Orchard Ridge. A. The Economic Development Authority of the County of Frederick, Virginia (the "Authority ") has considered the application of The Village at Orchard Ridge, Tnc,, a Virginia non stock, non - profit corporation (the "Borrower "), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $70,000,000 (the 'Bands "} to be issued at one time or from time to time to assist the Borrower in financing (i) capital improvements at the Borrower's facilities in Frederick County, known as The Village at Orchard Ridge (the "Facilities "), consisting primarily of (1) the construction and equipping of a new four story approximately 148,000 square foot building, which is expected to include 80 independent living units, (2) the construction and equipping of a new three story approximately 27,000 square foot building, which is expected to include 24 independent living units, (3) the construction and equipping of a one story approximately 12,400 square foot building, which is expected to include ten skilled nursing units, (4) the expansion of the dining facilities, consisting of the addition of approximately 5,000 square feet, (5} the expansion of the wellness center, consisting of the addition of approximately 16,000 square feet and {6} certain other capital improvements at the Facilities, (ii) a debt service reserve fund; (iii} capitalized interest anal (iv) the costs of issuing the Bands and other eligible expenditures (collectively, the "Project "). B. The Authority held a public hearing an the Borrower's application on November 6, 2014, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code " }, and Section 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code "). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the Bonds. G The Authority issues its bonds an behalf of the County of Frederick, Virginia (the "County "); the Project is located in the County; and the Board of Supervisors of the County of Frederick, Virginia {the "Board ") constitutes the highest elected governmental unit of the County. D. The Authority has recommended that the Board approve the issuance of the Bonds. E. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT YS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2 -4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 2. The approval of the issuance of the Bands does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Frederick, Virginia this 12 "' day of November, 2014. 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 Aye Minute Book Number 4d Board of Supervisors Regular Meeting of 11/12/14 114 Robert W. Wells Aye RESOLUTION #029 -14 REGARDING MIDDLETOWN/LORD FAIRFAX SEWER AND WATER SERVICE AREA AND RELIANCE ROAD AREA LAND USE PLAN. — APPROVED UNDER CONSENT AGENDA WHEREAS, The 2430 Comprehensive Plan was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, the Board of Supervisors adopted the Reliance Road Land Use Plan as a part of the 2030 Comprehensive Plan on December 14, 2011; and WHEREAS, the Board of Supervisors adopted the following amendments to Appendix I of The 2030 Comprehensive Plan � Middletown/Relianee Road Land Use Plan Sewer and Water Service Area and the Midclletown/Lord Fairfax Sewer and Water Service Area expansion - on August 13, 2014; and WHEREAS, The 2030 Comprehensive Plan is a future looking document and is a 20- yearplan for development within Frederick County; and WHEREAS, the Board of Supervisors action of August 13, 2014 was strictly to amend The 2030 Comprehensive Plan to reflect the Board's long -term desire for fixture development within the Reliance Road Land Use Plan Area to be served through the Frederick County Sanitation Authority; and WHEREAS, the Board of Supervisors' action of August 13, 2014 was applicable to the Sewer and Water Service Area {SWSA) as defined in general not to those property owners currently being served by the Town of Middletown. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors reinforces their approval of the continued provision of water and sewer service by the Town of Middletown to those customers currently being served, BE IT FURTHER RESOLVED that any new development within the Reliance Road Land Use Plan Area and the Middletawn/Lord Fairfax Sewer and Water Service Area will be served by the Frederick County Sanitation Authority. This item was approved under the consent agenda. RESOLUTION #030 -14 FOR AUTHORIZATION TO PARTICIPATE IN A UA VIRGINIA, INC. RATE INCREASE CASE. - APPROVED UNDER CONSENT AGENDA � .., ,_, .., ,� WHEREAS, Aqua Virginia, Inc. provides water and sewer service to County residents in the Lake Holiday community and water service to County residents in the Shawneeland community; and WHEREAS, Aqua Virginia, Inc, has filed with the State Corporation Commission an application, docketed as Case Number PUE- 214 - 00045, for increases in its water and sewer rates, such increases ranging from approximately 7% to 14 %; and WHEREAS, County residents who are customers of Aqua Virginia; Inc. in the Lake Holiday and Shawneeland communities pay rates for water and sewer, as applicable, that exceed those of the Frederick County Sanitation Authority; and WHEREAS, water and sewer costs represent a significant burden to County residents who are customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities; and WHEREAS, participation by the Board of Supervisors as a respondent in State Corporation Comzx�ission Case Number PUE- 2014 -00045 would be beneficial toward seeking the accomplishment of fair and reasonable water and sewer rates for County residents who are Minute Book t�iamber 40 Board of Supervisors Regular Meeting of 11/12/14 1 -15 customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the County Attorney to file a Notice of Participation as a Respondent on its behalf in State Colpoxatian Commission Case Number PUE -2014 -00045 and to take such action as is appropriate in such proceeding to seek the accomplishment of fair and reasonable water and sewer rates for County residents who are customers of Aqua Virginia, Inc. in the Lake Holiday and Shawneeland communities. Adopted this 12�' day of November, 2014 This item was approved under the consent agenda. RE UEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS. - APPROVED Administrator Riley advised the Commissioner of the Revenue was requesting the Board authorize the Treasurer to refund the following: 1. ST Beach Spa, LLC the amount of $2,670.3b for adjustments to business license taxes for tax year 2014. This refund is a result of the business reorganizing to another name and identification number. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the above request and supplemental appropriation 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. Autotrademark of Winchester the amount of $4,959.88 for adjustments to business license taxes far tax year 2014. This business opened and closed during 2414. This refund is a result of the company over estimating their gross receipts to what was actually received during their period of operation in the county. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request and supplemental appropriation 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 3. Michael Smith Weber the amount of $3,542.1b for adjustment to real estate taxes for tax years 2011, 2012, 2013, and 2014. This refund is a result of structural improvements removed from one site and replaced on another parcel. Supplemental bills were issued by the Commissioner. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above request and supplemental appropriation by the fallowing recorded vote: Minute Book Number 40 Board of supervisors Regular Meeting of 11/12/14 1�6 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 Oetober 21, 2014. Members present were; Patrick Anderson, Greg Brondos, rr., Randy Carter, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Kevin Anderson, Marty Cybulski, and Christopher Collins. Items Re uirin Board of Su ervisors Action: None Submitted for Board Information Only: 1. Pool Sand Filter Replacement — Mr. Madagan moved to request a supplemental appropriation in the amount of $48,000 for the purchase of two (2) new sand filter systems for the Sherando and Clearbrook Pool Complexes, second by Mr. Carter, motion carried unanimously (5 -0). Request will be forwarded to the Finance Committee for review at their next meeting. 2. FY 2015 -16 Capital Improvement Program —The Buildings and Grounds Committee recommended the approval of the Capital Improvement Plan for FY 2016 as submitted, second by Mr. Carter, motion carried unanimously (5 -0). The Parks and Recreation FY 1 b Capital Improvements Program recommendation will be forwarded to the Planning Department far review by the Planning Commission. Please see attached FY 16 Capital Improvements Program. 3. Park Rule Recommendations — The Building and Grounds Committee recommended changes to the following park rules: a. Ori inal Rule • Tobacco products are prohibited within 50 feet of athletic complexes or fields, playgrounds, and swimming pools areas. A roved Rule • Smoking/E- Cigarettes are prohibited at athletic complexes or fields, playgrounds, and swimming pools areas. b, Ori inal Rule • Digging or excavating on park property is prohibited unless written permission is granted by the Parks and Recreation Director or his designee. A proved Rule • Metal detecting, digging or excavating on park property is prohibited unless written permission is granted by the Parks and Recreation Director or his designee. Motion was seconded by Mr. Brondos, carried unanimously {5 -0). 4. Advertising Committee �- No report at this time. Committee will meet at a later date. 5. Executive Session — A motion was made by Mr. Madagan to go into E�cecutive Session, second by Mr. Carter, based on Virginia Code 2.2- 3711A(3) Property Acquisition, Minute Book Number 40 Board of Supervisors Regular Meeting of 11/12/14 11? carried unanimously (5 -0). A motion was made by Mr. Anderson to come out of Executive Session, second by Mr. Longerbeam, carried unanimously {5 -0). 30INT CODE AND ORDINANCE AND PUBLIC SAFETY COMMITTEES REPORT — APPROVED UNDER CONSENT AGENDA The Code &Ordinance Committee and Public Safety Committee held a joint meeting on Friday, October 3, 2014 at 8:30 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Code and Ordinance Committee members present were Christopher E. Collins, Chairman; Robert A. Hess; and Derek Aston. Committee members James Drown; Stephen Butler; and Robert Wells were absent. Public Safety Committee members present wexe: Gary A. Lofton, Chairman; Gene E. Fisher; Charles S. DeHaven, Jr.; Ronald Wilkins, and Charles Torpy. Committee member Michael Lindsey was absent Also present were Deputy County Administxatar Jay E. Tibbs; County Attorney Rod Williams; Sheriff Robert Williamson; Stefanie Salvata, Public Safety Communications; and David Samuel, RedFlex Traffic Signals. The committee submits the fallowing: ** *Items Not Requiring Board Action * ** 1. Discussion of Photo Red Enforcement System Sheriff Williamson briefed the Committee on the issue of nnotorists running red lights and the possible use of red light cameras. He stated this was a project undertaken by his Government Service Learning group this past year and they would like the County to look at this issue. He then introduced David Samuel with RedFlex Traffic Signals. Mr. Samuel provided an overview of the RedFlex company and their equipment. He then showed the committees video from several intersections in Frederick County where numerous red light violations occurred during their 12 hour test/monitoring. He noted no citations were issued based on this data and that it was more for illustrative purposes for the committees' deliberations. Sheriff Williamson stated he did not believe any additional personnel would be required, as the traffic enforcement division could absorb this service. Mr. Samuel advised there was no taxpayer funding of this program. The fines incurred would be used to pay for the equipment. Mr. Torpy noted a number of northern Virginia localities made use of this type of enforcement. He stated Frederick County was a different community and asked why we would want to bring this type of approach to Frederick County. Chairman Lofton stated he could not support this proposal until VDOT took steps to address the current timing of the stop lights. He believed coordination of the timing would facilitate driver behavior modification. Mr. Fisher spoke in support of the cameras as a way of modifying driver behavior. He went on to say he had driven the intersection of Route SO/Raute S22 every day and had seen the large trucks travelling at high rates of speed running the lights. Mr. Wilkins agreed with Mr. Lofton regarding the timing of the traffic lights. He stated there were pros and cans to this proposal, but he felt there were other things out there to help modify driver behavior. Mr. Aston raised several questions regarding the draft ordinance. He asked: - Who would prosecute the red light violations? - Who does the jury trial? - Who would testify at the hearing? Minute Book Nuu�ber 40 Board of Supervisors Regular Meeting of 11/12/14 X18 He stated the draft ordinance was not clear on these matters or how to prevent fraud. Chairman Collins suggested the two committees review the information presented today to see where this proposal might go. He went on to suggest the two committee chairmen communicate at a later date to see where the respective committees ended up in Their deliberations. There being no further business, the meeting adjourned at 9:15 a.m. HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Roam at 107 North Kent Street on Friday, October 10th, 2014, at $:00 a.m. All members were present. ** *Items Requiring Action * ** 1. The Committee recommends approval for Employee of the Month award. (see attachment). . ** *Items Not Requiring Action * ** 1. Presentation by the Director of the Winchester Regional Airport, Serena Manuel. At the request of the Committee, Ms. Manuel presented an overview of the objectives and responsibilities of the Winchester Regional Airport. 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, November 14th, 2014. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on October 27, 2014 at $:30 a.m. Members Present Chuck DeHaven {voting) James Racey (voting) Gene Fisher (voting) Christopher Collins (voting) Lewis Bayer (liaison Stephens City) Gary Oates (liaison PC} None Members Absent Mark Davis (liaison Middletown) Thom Ruffin (voting) *x *Items Requiring Action * ** ** *Items Not Requiring Action*** 1. Revenue Sharing Application Update Staff proposed additior of a 3r� project (Haggerty Blvd) to this year's revenue sharing application. This brings the application to the limit of $10 M. Motion approving the addition was made by Mr. Collins and seconded by Mr. Racey. Motion passed unanimously. The resolution for this item is appearing separately on the Board agenda for November 12, 2014. 2. Capital Improvement Program Staff gave a brief update on the upcoming Capital improvement Program update and Minute Book Number 40 Board of supervisors Regular Meeting of 11/1ZI14 i19 noted that no change in priorities is recommended at this time. A motion was made to approve the priorities without change by Mr. Fisher and seconded by Mr. Racey. Motion passed unanimously. 3. Other Mr. Oates noted tractor trailer GPS routing issues causing trucks to go up Hollow Road (Route 707), which are then getting stuck, and have to back out onto Route 259 to get back on track. Staff is following up with VDOT on this. Mr. Racey noted signal programming issues including the lack of permissive left at Tasker and White Oak and also at Macedonia Church and 522. Mr, Racey also noted there is a left turn signal operating at Tasker and Rainville that allows left turns into a dead end driveway. Staff is following up with VDOT. ` TECHNOLOGY COMMITTEE REPORT - APPROVED The Board of Supervisors Information Technology Committee met on Wednesday, November 5�', 2014 at 8:30 A,M., in the Closed Session Conference Room, County Administration Building, 147 North Kent Street, Winchester, Virginia. Present were Gary A. Lofton, Chairman, Charles S. DeHaven, Jr., Board Member, Lorin Sutton, County Representative, Quaiser Absar, County Representati�cre, Kris Tierney, Assistant County Administrator, Jay Tibbs, Deputy County Administrator, Eric Lawrence, Planning Director, Walter T. Banks, IT Director, Patrick Fly, GIS Manager, Jeremy Coulson, Webmaster, Karen Vacchio, Parks and Recreation PIO, Alisa Scott, Administrative Assistant, and Rick Ours, RCO Productions. Absent were Bob Wells, Board Member, and Todd Robertson, County Representative. The committee submits the following: ** *Items Requiring Board Action * ** i. Approval of the Upgrade Board Roorn Audio Visual and Broadcasting Equipment in the amount of $178,122.95 appropriated from the Comcast provided PEG funds. - APPROVED The proposed quote provides the Board of Supervisors' Board Room with a digital upgrade and the ability to broadcast in HD upon a motion by Mr. DeHaven, seconded by Mr. Sutton, the Committee unanimously recommended this item be forwarded to the Finance Committee with a recommendation for approval and forwarded to the Board of Supervisors for their consideration. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the appropriation of $178,122.95 from the Comcast PEG Funds for the upgrade of board room audio visual and broadcasting equipment. 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 FINANCE COIVIMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 1,07 North Kent Street on Wednesday, October 15, 2014 at 8:00 a.m. Chairman Charles DeHaven was absent. Minute Boak Number 40 Board of Supervisors Regular Meeting of 11/12/14 X20 Member Richard Shickle served as chairman, Non - voting liaison C. William Orndoff, Jr. was absent. Item 1 requires action. 1. The EDA Executive Director requests an EDA Fund and a General Fund su lemental a ra nation in the amount of $375 000. This amount represents EDA Incentives remaining in FY 20].4. See attached memo, p. 3. The committee recommends approval. - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request and supplemental appropriation 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 County Attorney provides information for review of property tax exemptions previously granted by the County. See attached information, p. 4 -24. The committee delays action awaiting further information from the County Attorney and the Commissioner of the Revenue. 3. The County Administrator briefed the committee on a tax exempt refinancing resolution for Westminster Canterbury that will be presented to the Board of Supervisors through the Winchester City Council and the Winchester Economic Development Authority. No action required. 4. The Finance Committee Chairman. presents a memo concerning the FY 2016 budget and the Finance Director provides a budget calendar. See attached information, p. 25 -26. No action required, 5. Lard Fairfax Community College provides a response to the Committee following discussions at the August 2014 Finance Committee meeting. See attached letter, p, 27 -28. The committee postpones action until the next Finance Committee meeting. Information Only 1. The Finance Director provides a Fund 10 Transfer Report for September, See attached, p. 29. 2. The Finance Director provides financial statements for the month ending September 30, 2014. See attached, p. 30 -40. 3. The Finance Director provides an FY201 S Fund Balance Report ending October 4, 2014. See attached, p. 4 i . PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2014 -2014 FISCAL YEAR BUDGET — 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 YEAR 2014 -2015 BUDGET TO REFLECT: TRANSPORTATION DIRECTOR RE VEST FOR A DEVELOPMENT PROJECTS FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $8,136,700 FOR THE CONSTRUCTION OF SNOWDEN BRH)GE BOULEVARD. THE PR03ECT WILL BE FUNDED THROUGH VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT� REVENUE SHARING AND MATCHING DEVELOPER FUNDS. - [RESOLUTION #031 -141- APPROVED Minute Book Number 4p Board of Supervisors Regular Meeting of i 1172114 12� Administrator Riley advised this was a proposed amendment to the FY 2014 -15 budget for a supplemental appropriation in the amount of $8,130,700 for the construction of Snowden Bridge Boulevard. The project is funding through VDOT's revenue sharing program. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the amendment 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 November 12, 2014, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY2014 -2015 Budget be Amended to Reflect: Trans ortation Director Re nest for a Devela rnent Pro' ects Fund Su lemental A ro riation in the Alxlount of 8 136 700 far the Construction of Snowden Brid e Boulevard. The Project will be Funded Through Virginia Department of Transportation (VDOT) Revenue Sharing and Matching Developer Funds. 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 Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #D4 -14 BAKER AND LEPLEY PROPERTIES SUBMITTED BY LEWIS AND MELISSA BAKER FRED AND ALICE BAKE AND KRISTA LEPLEY TO REZONE 8.59 +1- ACRES FROM MH1 OBILE HOME COMMUNIT DISTRICT AND RA RURAL AREA DISTRICT 'TO THE RA URAL AREAS DISTRICT. THE PROPERTIES ARE LOCATED ON SINKING SPRINGS LANE IN GORE (TRAVEL ROUTE 50 WEST APPROXIMATELY 1S MILES TO GORE ROAD ON LEFT• CONTINUE .5 MILES ON GORE ROAD TO SINKING SPRING LANE ON THE LEFT . THE PROPERTIES ARE IDENTIFED BY PROPERTY IDENTIFICATION NUMBERS 28 -A -'75 28 -A -76 AND 28 -A -82 IN THE BACK CREEK MAGISTERIAL DISTRICT. — RESOLUTION #032 -14 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 8.59 acres +/- from the MH -1 (Mobile Home Community} and RA (Rural Areas) Zoning District to the RA (Rural Areas) Zoning District. The properties are located in the Back Creek Magisterial District. She noted the proposal was consistent with Minute Book Number 40 Board of Supervisors Regular Meeting of 11 /12 /l4 �2� the Comprehensive Plan. She 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 Lofton, seconded by Supervisor Wells, the Board approved Rezoning #04 -14. WHEREAS, Rezoning #04 -14 of the Baker & Lepley Properties, to rezone 8.59 +/- acres from the MH -1 (Mobile Home Cammunity} and RA {Rural Areas) Zoning Districts to the RA (Rural Areas} Zoning District was considered. The three properties, with addresses of 151 Sinking Springs Lane, 175 Sinking Springs Lane, and 171 Sinking Springs Lane, are located on Sinking Springs Lane in Gore in the Back Creek Magisterial District, and are further identified by Property Identification Numbers 28 -A -75, 28 -A -7G, and 28 -A -82. WHEREAS, the Planning Commission held a public hearing an this rezoning on November 5, 2014, and recommended approval of this request; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 12, 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 8.59 +/- acres from MH -1 {Mobile Home Community) and RA (Rural Areas} Zoning Districts to the RA (Rural Areas) Zoning Distract. This ordinance shall be in effect on the date of adoption. Passed this 12 #h day of November by the follawing 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 - SOUTHERN FREDERICK AREA PLAN —THE PLAN ENCOMPASSES THE AREA GENERALLY EAST OF INTERSTATE 81 TO THE CLARKS COUNTY LINE, AND FROM THE OPEQUON CREEK IN THE NORTH TO LAKE FREDERICK IN THE SOUTH. THE PLAN CONTAINS FOUR MAPS AND A NARRATIVE TEXT THAT COVERS THE FOLLOWING AREAS: URBAN AREAS AND RESIDENTIAL DEVELOPMENT BUSINESS DEVELOPMENT TRANSPORTATION AND NATURAL RESOURCES HISTORIC RESOURCES, AND PUBLIC FACILITIES, AND IS AN UPDATE TO APPENDIX I OF THE 2030 COMPREHENSIVE PLAN AND THE EASTERN FREDERICK COUNTY LONG RANGE LAND USE PLAN A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. THIS PLAN REPRESENTS THE WORK OF A LARGE NUMBER OF CITIZEN VOLUNTEERS WHO HAVE BEEN WORKING OVER THE PAST SEVERAL MONTHS IN COLLABORATION WITH EACH OTHER. — RESOLUTION #033 -14 - APPROVED Minute Book Number 40 Board of $uper�isars Regular 1Vleetinb of 11/12/14 X23 Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the 2030 Comprehensive Plan, Appendix I —Area Plans. He briefly reviewed the plan's four areas: 1. Urban Areas and Residential Development. 2. Business Development. 3. Transportation. 4. Natural Resources, Historic Resources, and Public Facilities. He also provided a brief overview of the maps of the four areas. The Comprehensive Plans and Programs Committee endorsed the plan in September 2014 and the Planning Commission recommended approval at its October 14, 2014 meeting. He concluded by saying staff was seeking the Board's adoption. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board adopted the Southern Frederick Area Plan. Chairman Shickle stated that Deputy Director Ruddy had done a fine job and had converted at least one vote tonight. WHEREAS, The 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, The Pian encompasses the area generally east of Interstate 81 to the Clarke County line from the Opequon Creek in the north to Lake Frederick in the south. The study area includes .the Route 277 Triangle Study, Tasker Woods, and many of the existing residential cornrnunities of the Stephens City area from Lakeside to Shenandoah and everything in between. The study area includes both the Opequon and Shawnee Magisterial Districts; and WHEREAS, The Flan contains four maps and narrative text that covers the following areas: Urban Areas and Residential Development, Business Development, Transportation, and Natural Resources, Historic Resources, and Fublic Facilities; and WHEREAS, The Plan provides a guide.for fixture land use and was a collaborative effort of the citizens of Frederick County, County Planning Staff, Planning Colnmissioners, and the Board of Supervisors; and WHEREAS, the Comprehensive Plans and Programs Committee formally reviewed and endorsed the Southern Frederick Area Plan at their September 8, 2014 meeting; and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on October 1, 2014 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors. held a public hearing on this proposed amendment on November 12, 2014; and NEinute Book 1Vumber 40 Board of Supervisors Regular Meeting of 11/12/14 X24 WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2034 Comprehensive Plan, Appendix I —Area Plans, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice. NOW, THEREFORE, BE TT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDTX I —AREA PLANS, is adapted. This amendment will provide a guide for land use in the Southern Frederick Area. Passed this 12�' day of November 12, 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 PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE TT SUPPLEMENTARY USE REGULATIONS• PARKING• BUFFERS• AND REGULATIONS FOR SPECIFIC USES PART 203 - BUFFERS AND LANDSCAPING SECTION 165- 203.02 BUFFER AND SCREENING RE UIREMENTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO ALLOW FOR A ZONING DISTRICT BUFFER WAIVER WHEN THE PLANNED LAND USE SHOWN IN THE COMPREHENSIVE PLAN IS COMPATIBLE. — (RESOLUTION #034 -141 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Frederick County Zoning Ordinance to allow a zoning district buffer waiver if the adjoining land use would not require a buffer. She noted the Planning Commission held a public hearing on this item and recommended the amendment be approved. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved an ordinance amending The Frederick County Code, Chapter 165 Zoning, Part 203 — Buffers and Landscaping, Article II — Supplementary Use Regulations, Parking, y16S -203 — Buffers and Regulations for Specific Uses; § 165- 203.02 Buffer and Screening Requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning 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 would not require a buffer was considered; and WHEREAS, The Planning Commission held a public hearing on this ordinance on Minute Baok Number 40 Board of Supervisors Regular Meeting of 11/12/14 125 November 12, 2014; and WHEREAS, the Frederick County Board of Supervisors frnds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Part 203 -- Buffers and Landscaping, Article II — Supplementary Use Regulations, Parkixag, §165 -203 — Buffers and Regulations for Specific Uses; §165- 203.02 Buffer and Screening Requirements 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 would not require a buffer. This amendment shall be in effect on the day of adoption. Passed this 12th day of November, 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 PUBLYC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY_ CODE, CHAPTER 165 ZONING, ARTICLE TI SUPPLEMENTARY USE REGULATIONS• PARKING• BUFFERS• AND REGULATIONS FOR SPECIFIC USES PART 201- SUPPLEMENTARY USE REGULATIONS SECTION 165 - 201.10 OUTDOOR STORAGE AND PROCESSING. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO REVISE THE OUTDOOR STORAGE SCREENING REQUIREMENTS. — {RESOLUTIONS #035 -14) - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Frederick County Zoning Ordinance to modify the screening requirements for outdoor storage areas. The proposal would eliminate screening when the adjoining property is an existing outdoor storage area. She stated the Planning Commission held a public hearing on this proposed amendment and recommended approval. She concluded by saying staff was seeking Board of Supervisors' action. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved an ordinance amending the Frederick County Code, Chapter 165 Zoning, Part 201 — Supplementaly Use Regulations, Article II — Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, g1b5- 201.10 Outdoor Storage and Processing. WHEREAS, an ordinance to amend Chapter 165, Zoning to modify screening Minnte Book 1�'nmber 40 Board of Supervisors Regular Meeting of 11/12/14 126 requirements for outdoor storage areas to eliminate the screening requirement when an outdoor storage area adjoins a property also utilized for outdoor storage, was considered; and WHEREAS, The Planning Commission held a public hearing on this ordinance on October 1, 2014; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on November 12, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Part 201 — Supplementary Use Regulations, Article II — Supplementary Use Regulations for Specific Uses, §165- 201.10 Outdoor Storage and Processing to elimirnate the screening requirement when an outdoor storage area adjoins a property also utilized for outdoor storage. This amendment shall be in effect on the day of adoption. Passed this 12th day of November, 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 ITEIVIS MEMORANDUM AND RESOLUTION #036 -14 — REVENUE SHARING APPLICATION. APPROVED Deputy Planning Director Michael�Ruddy appeared before the Board regarding this item. He advised this was a request for the Board to support the 2015 -2016 VDOT revenue sharing application. There are three projects to be funded; 1. Caverstone Drive: Four lanes of Coverstone Drive from existing terminus near the Public Safety Building to an intersection with Route 50 across from Inverlee Way. 2. Valley Mill Road Realignment; Realign Valley Mill Road from its current location across the Overlook Property (formerly known as Carriage Park) to a new intersection with Route 7. 3. Phase I of Haggerty Blvd. from Route 7 to approximately .6 miles south. The total application is far $10,000,000 with a $10,000,000 local match to be provided by private partners for a total project of $20,000,004. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the resolution of support for the FY2015 -2016 Revenue Sharing Program. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $10,000,000 through the Virginia Department of Transportation Fiscal Year 2015- 2016 Revenue Sharing Program; and Minute Book dumber Ao Board of Supervisors Regular Meeting of 11/12/14 12� WHEREAS, $10,000,000 of these funds are requested to fund Coverstone Drive from its current dead end to an intersection with Route 50 and Inverlee Way, Valley Mill Road Realignment to a new intersection with Route 7, Phase I of Haggerty Boulevard from a new intersection with Route 7 to approximately .6 miles south of that intersection. NOW, THEREFORE, BE IT RESOLVED THAT, the Frederick County Board of Supervisors hereby supports this application for an allocation of up to $10,000,000 through the Virginia Department,of Transportation "Revenue Sharing Program ". ADOPTED this 12th day of November, 201 �. 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 BOARD LIAISON REPORTS Supervisor Lofton reported the Extension Leadership Council met in October to review projects. He stated citizens should look at the programs Extension offers. He also noted that Margaret Douglas was recognized as Volunteer of the Month and he wanted to acknowledge this feat, which was a statewide award. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved drafting a resolution recognizing Mrs. Douglas. 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Hess commended the Parks and Recreation Departnnent for their #"first Battlefield Half Marathon. He noted there were 1,000 entries and over 200 volunteers. He stated the event was well organized and well run. He also reported on his attendance at the Veterans' Day breakfast and program hosted by the Service Learning Students. He noted this was a spectacular event. ADJOURN Minute Book Number 40 Board of Supervisors Regular Meeting of I1112/14 ��s 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. (7:SS P.M.) Richard C. Shickle Chairman, Board of Supervisors Jo R. Ril , r. erk, Board of Supervisors Minutes Prepared By: � `''%;�,� Jay E. ib s Deputy Cierk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 11/12/14