November 3 2014 Minutes of Board Work Session with Planning Com103
A work session of Frederick County Board of Supervisors and Planning Commission was
held on Monday, November 3, 2014 at 11:30 A.M., in the Board of Supervisors' Meeting Room,
107 Nnrth Kent Street, Winchester, Virginia.
PRESENT
Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher;
Robert A. Hess; Gary A. Lofton; and Robert W. Wells.
OTHERS PRESENT
John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County
Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick Williams, County
Attorney; Karen Lynn Poff, Senior Extension Agent, Family and Consumer Sciences;
Eric R. Lawrence, Planning Director; Michael Ruddy, Deputy Planning Director;
Candice Perkins, Senior Planner; Planning Commission members: June Wilmot, Roger Thomas,
H. Paige Manuel, Gary Oates, Charles Triplett, Robbie Molden, Charles Dunlap, Kevin Kenney,
and Rhodes Marston; and Development Review and Regulations Committee member
Whit Wagner.
CALL TO ORDER
Chairman Shickle called the work session to order.
Administrator Rilcy reviewed the agenda:
1. Virginia Cooperative Extension Presentation re: Household Drinking Water Quality
in Frederick County, VA;
2. Discussion of Landscaping Requirements — Business Friendly Cornznittee
Recommendations; and
3. Update on Changes to the Conflict of Interest Act
VIRGINIA COOPERATIVE EXTENSION PRESENTATION RE: HOUSEHOLD
DRINKING WATER QUALITY IN FREDERICK COUNTY, VA
Karen Poff, Senior Extension Agent, Family and Consumer Sciences, appeared before the
Board to provide an update on the Northern Shenandoah Valley Drinking Water Testing
Program. She provided a brief overview of the program. She noted 78 people from Frederick
County participated in the program. She explained the purpose of the program was to educate
those individuals getting their water tested. She concluded by saying they would offer the
program again in February 2015.
DISCUSSION OF LANDSCAPING RE UIREMENTS �- BUSINESS FRIENDLY
COMMITTEE RECOMMENDATIONS
Minute Book Number 40
Board of Supervisors Work Session with
Planning Commission on 11/03/14 Re: Landscaping Requirements
Also Discussion of Quality of 13rinking Water and
Lpdates an Changes to Conflict of Interest Act
X04
Senior Planner Candice Perkins presented this item. She noted that following the Board's
September meeting, it was the Board's desire to see this topic in a work session format. She
reviewed the history of this item and the County's general landscaping requirements.
Chairman Shickle stated he would be content if the development community was content
or thought the ordinance was reasonable.
Commissioner Oates thought the proposed changes were good, but he was not in Favor of
dropping the minimum landscaping requirements. He went on to say he was not in favor of
creating a tree commission.
Vice - Chairman DeHaven stated he had shared some thoughts about the ordinance with
staff. He felt there was room far some flexibility. He noted he had same concerns about
requiring berms or fencing in mast areas because the life span was five years ar less. He went
onto say he felt there was room for flexibility in the initial planting sizes. He noted we require
less than a lot of localities, but we can accomplish aesthetic goals without reaching into the
developer's pocket.
Commissioner Thomas stated there were not just aesthetic concerns. He noted a lot of
berms were constructed for sound attenuation. He concluded by saying we need to consider all
options looking down the road.
Commissioner Kenney stated he liked the option of allowing berms and felt the more
options available to the development community the better.
Mr. John P, Good stated he was encouraged to find out there were more options than he
originally thought. He went on to say if he were to try to comply with the ordinance, some
flexibility would be good, but that flexibility was not spelled out in the ordinance. He stated the
options should be clear. He favored flexibility but the language needs to be clear. He concluded
by saying a developer should not have to bounce a plan back and forth between staff and the
landscape professional,
Planning Director Lawrence stated staff would go through the ordinance and include
language to empower the zoning administrator to allow landscaping flexibility.
Supervisor Hess suggested adding a general statement regarding the flexibility within the
ordinance rather than an applicant just stumbling onto it.
Vice - Chairman DeHaven suggested keeping the requirements all together.
Minute Book Number 40
Board of Supervisors Work Session with
Planning Commission on 11/03/14 Re: Landscaping Requirements
Also Discussion of Quality of Drinking Water and
I3pdates on Changes to Conflict of Interest Ac#
�o
UPDATE ON CHANGES TO THE CONFLICT OF INTEREST ACT
County Attorney Rod Williams and Deputy County Administrator Jay Tibbs provided the
fallowing update to the Board regarding changes to the Conflict of Interest Act.
The 2014 General Assembly passed the Ethics Reform Bill (i.e. HB 1211 and SB 649),
which made changes to the Conflict of Interests Act (COIA). The changes that most directly
affected board members pertained to personal interests, gifts, and disclosures.
Under the 2014 legislation, the amount required to be reported ha.s been reduced to
$5,000. This new reporting requirement applies to salary earned from a business and the value
of an ownership interest. In addition, this $5,000 limit applies to personal liabilities, which
includes money owed to a bank or a creditor far such things as student loans and /ar credit card
debt. In addition to the changes to the disclosure amount, the definition of immediate family is
now limited to a "child who resides in the same household who is a dependent of the
officer /employee."
Gifts have been redefined into two categories — tangible gifts and intangible gifts. Tangible
gifts are defined as gifts that do not lose their value upon the happening of an event or a given
date (e.g. clothing, artwork, etc. }. Tangible gifts are capped at $250 per gift or cumulatively per
calendar year with some exceptions. Intangible gifts are defined as things of a temporary value
or that upon the happening of an event lose their value. Examples include trips, entertainment,
lodging, meals, ar transportation. There are no limits on intangible gifts, but. the reporting
requirements apply.
There are new rules governing the filing of the Statement of Economic Interests forms.
Beginning in 2415, those officers required to file the Statement of Economic Interests forms will
file semi - annually, June I S and December 15 far the preceding six months with the Conflict of
Interest and Ethics Advisory Council. By December 15, 2015 these forms will be filed
electronically with this agency.
They concluded by saying this presentation highlighted some of the changes to the
Conflict of Interest Act and filing requirements. The entirety of the act was provided to the
Board for their reference.
There being no further business, the work session was adjourned at 1:05 p.m.
Minute Book Number 40
Board of Supervisors Work Session with
Planning Commission on 11/03/14 Re: Landscaping Requirements
Also Discussion of Quality of brinking Water and
Updates on Changes to Conflict of Interest Act
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�-�5
Richard C. Shickle
Chairman, Board of Supervisors
�� °_
Joh�i R, iley, Jr.
Clerk, Board of Supervisors
Minutes Prepared By: �. `�
Jay E. Ti bs
Deputy Clerk, Board of Supervisors
Minute Book Number 40
Board of Supervisors Work Session with
Planning Commission pn 11/03/14 Re: Landscaping Requirements
Also Discussion of Quality of Drinking Water and
Updates on Changes to Conflict of Interest Act