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
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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
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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