May 27 2015 Regular Meeting Minutes314
A Regular Meeting of the Frederick County Board of Supervisors was held on
Wednesday, May 27, 2015, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North
Dent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess;
Gary A. Lofton; Jason E. Ransom; and Robert W. Wells.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Deputy County Administrator Jay Tibbs delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice - Chairman DeHaven led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
County Administrator Brenda G. Garton advised she had no changes to the agenda.
Upon a motion Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board
approved the agenda by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
CONSENT AGENDA - APPROVED
Administrator Garton offered the following items for the Board's consideration under the
consent agenda:
- Proclamation Re: July, 2015 Proclaimed as Parks and Recreation Month — Tab B;
- Resolution Re: Authorized Signatories on Frederick County's Checks — Tab Q and
- Parks and Recreation Commission Report — Tab D.
Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved
the consent agenda by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Minute Book Number 40
Board of Supervisors Regular Meeting of 05/27/15
�1
Robert W. Wells Aye
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisor's comments.
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
APPOINTMENT OF NATALIE GEROMETTA APPOINTED AS GAINESBORO
DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION
COMMISSION TO FILL THE UNEXPIRED TERM OF GREG BRONDOS, JR. -
APPROVED
Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board appointed
Natalie Gerometta to fill the unexpired terra of Greg Brondos, Jr. as Gainesboro District
representative to the Parks and Recreation Commission. Term expires February 13, 2016.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
REAPPOINTMENT OF STEPHEN PETTLER AND PHILIP A. LEMIEUX A
TOP OF VIRGINIA BUILDING ASSOCIATION REPRESENTATIVES TO THE
DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED
Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board
reappointed Stephen Pettler and Philip A. Lemieux as Top of Virginia Building Association
representatives to the Development Impact Model Oversight Committee. This is a one year
appointment. Term expires June 28, 2016,
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
PROCLAMATION #004 -15 RE: JULY 2015 PROCLAIMED AS PARKS AND
RECREATION MONTH — APPROVED UNDER THE CONSENT AGENDA
WHEREAS parks and recreation programs are an integral part of communities
throughout this country, including Frederick County, Virginia and
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31
WHEREAS our parks and recreation are vitally important to establishing and
maintaining the quality of life in our communities, ensuring the health of all citizens, and
contributing to the economic and environmental well -being of a community and region; and
WHEREAS parks and recreation programs build healthy, active communities that aid in
the prevention of chronic disease, provide therapeutic recreation services for those who are
mentally or physically disabled, and also improve the mental and emotional health of all citizens;
and
WHEREAS parks and recreation programs increase a community's economic prosperity
through increased property values, expansion of the local tax base, increased tourism, the
attraction and retention of businesses, and crime reduction; and
WHEREAS parks and recreation areas are fundamental to the environmental well -being
of our community; and
WHEREAS parks and natural recreation areas improve water quality, protect
groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative
buffers to development, and produce habitat for wildlife; and
WHEREAS our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and recreate
outdoors; and
WHEREAS the U.S. House of Representatives has designated July as Parks and
Recreation Month; and
WHEREAS Frederick County recognizes the benefits derived from parks and recreation
resources
NOW THEREFORE, BE IT RESOLVED BY The Frederick County Board of
Supervisors that July is recognized as Park and Recreation Month in the County of
Frederick.
RESOLUTION ( #075 -15) RE: AUTHORIZED SIGNATORIES ON FREDERICK.
COUNTY'S CHECKS -- APPROVED UNDER THE CONSENT AGENDA
WHEREAS, Treasurer C. William Orndoff, Jr. and Interim County Administrator
Roderick B. Williams have been the duly authorized joint signatories on the County's checks;
and
WHEREAS, the Board of Supervisors has appointed Brenda G. Garton as County
Administrator effective May 18, 2015;
NOW, THEREFORE, BE IT RESOLVED THAT, effective immediately, the duly
authorized signatories on the County's checks are Treasurer C. William Orndoff, Jr. and County
Administrator Brenda G. Garton.
Adopted this 27 day of May, 2015.
COMMITTEE REPORTS
PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER
THE CONSENT AGENDA
The Parks and Recreation Commission met on Monday, May 12, 2015. Members present
were: Randy Carter, Marry Cybulski, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr.,
and Jason Ransom. Members absent were: Kevin Anderson and Patrick Anderson.
Items Requiring Board of Supervisors Action:
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817
1. July as Parks and Recreation Month -- Mr. Carter moved to have the Board of
Supervisors designate July as Parks and Recreation Month with the adoption of the attached
proclamation, second by Mr. Madagan, motion carried unanimously (5 -0).
Submitted for Board Information Only
1. Buildings and Grounds Committee — Jaycee Pavilion Memorandum of
Understanding -- The Buildings and Grounds Committee recommended forwarding a
Memorandum of Understanding with Winchester- Frederick County Jaycees to donate money to
construct a 25' x 35' picnic pavilion at Rose Hill Park and name the shelter the "Tom Baldridge
Winchester- Frederick County" pavilion. Construction of the picnic pavilion shall commence
within six (6) months of the completion of the parking lot at Rose Hill Park, second by Mr.
Cybulski, motion carried unanimously (5 -0). The recommended acceptance of donation and
naming of the pavilion will be on the August 12, 2015 Board of Supervisors' agenda.
2. Appeals/Youth Sports Public Relations Committee — Code of Conduct — The
Appeals /Youth Sports/Public Committee recommended approving the Code of Conduct for all
Frederick County Parks and Recreation sport and athletic programs as submitted, second by Mr.
Cybulski, motion carried unanimously (5 -0).
3. Buildings and Grounds Committee — Rose Hill Park Memorandum of
Understanding — The Buildings and Grounds Committee recommended an addendum to the Rose
Hill Park Memorandum of Understanding to meet the restroom requirements associated with
shelter development at Rose Hill Park, second by Mr. Madagan, motion carried unanimously (5-
0). The recommended addenda will be on the July 15, 2015 Finance Committee agenda.
HUMAN RESOURCES COMMITTEE REPORT — DEFERRED UNTIL THE
JUNE 10, 2015 MEETING
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - 2015 -2020 AGRICULTURAL AND FORESTAL DISTRICT
UPDATE — THE PUBLIC HEARING IS TO CONSIDER THE RENEWAL OF
THE ALBIN APPLE PIE RIDGE DOUBLE CHURCH GREEN SPRINGS
NORTH OPEQUON, RED BUD, SOUTH FREDERICK,_ AND SOUTH TIMBER
RIDGE DISTRICTS. THE RENEWAL OF _ THESE DISTRICTS WILL
ESTABLISH A TOTAL OF 11,425 ACRES WITHIN THE AGRICULTURAL
AND FORESTAL DISTRICT PROGRAM FOR THE ENSUING FIFE YEAR
PERIOD. PROPERTIES THAT ARE INCORPORATED INTO AN
AGRICULTURAL AND FORESTAL DISTRICT ARE GUARANTEED CERTAIN
PROTECTION AS SPECIFIED IN SECTION 15.2-4300 OF THE CODE OF
VIRGINIA. - APPROVED
Zoning Administrator Mark Cheran appeared before the Board regarding this item. He
advised this was the 2015 -2020 Agricultural and Forestal District Update. He then provided a
brief overview of the Agricultural and Forestal District program and noted that, upon approval,
the districts become part of the Comprehensive Plan. He went on to say the Agricultural District
Advisory Committee met on April 20, 2015 and reviewed the eight districts. He noted the
committee voted to remove parcels from the districts that were less than five (5) acres in size and
not currently in land use. The reason for this removal was to prevent overlapping building
setbacks, which could render an adjoining lot unbuiidable. The Planning Commission reviewed
the districts at their May 20, 2015 meeting and recommended approval.
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Supervisor Hess asked if all of the adjoining property owners had been notified.
Zoning Administrator Cheran responded yes.
Supervisor Wells asked about the 46 parcels that were removed and the criteria for being
removed.
Zoning Administrator Cheran responded they were removed because they were less than
S acres in size and they were not currently in land use.
Supervisor Hess stated it was his understanding that being in land use was not dependent
on a property being in the agricultural district.
Zoning Administrator Cheran stated that was correct.
Chairman Shickle convened the public hearing.
Paul Anderson, Back Creek District, stated he had a problem with this proposal. He
stated the ag districts were established to protect agriculture and there were a number of small
landowners who wanted to join the districts for protection and support of agriculture. He advised
he did not know when the building setback changed to 200 feet. He went on to say there was no
tax benefit or requirement to be in the ag district. He stated it was wrong to force people out
because they did not have five acres. He noted agriculture would change drastically in Frederick
County and there would be more small parcel farmers in the future. He advised the property
owners being removed were not notified about their removal. He concluded by saying this item
needs to be looked at a little longer.
Sandra Ritenour, Opequon District, advised that she owned land on Double Church
Road and that her 3.67 acres had been previously accepted into an ag district. She stated she was
not interested in land use and that was not the best criteria to use. She went on to say it appeared
the Board was giving up a sure thing for an "if' and that it would be better to address building
issues on a case by case basis, as they come up. She advised that she would "say" none of the 46
people had been notified that they were being removed from the ag district. She thought that was
wrong and removal should be done on a case by case basis. She went on to say the notice letter
was "very generic" and said nothing about the proposed changes, She concluded by saying the
process should be stopped and those property owners being removed should be notified.
There being no further public comments, Chairman Shickle closed the public hearing.
Vice - Chairman DeHaven abstained from the discussion and vote due to owning land in
one of the districts,
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Chairman Shickle stated he was concerned over the situation "we" find ourselves in and
he asked staff to clarify what they were thinking.
Zoning Administrator Cheran advised there were three large parcels that were interested
in coming into one of the ag districts, so the committee would be reviewing those in the near
future. In the meantime, staff recommended ratifying the ag districts as presented and the 46
parcels that were removed could be considered at the same time the committee meets to review
the larger parcels seeking inclusion.
Supervisor Lofton advised that he attended the ADAC meeting and these districts were
discussed thoroughly. Through the committee's deliberations, they felt the smaller lots in the ag
district could render adjoining buildable lots unbuildable due to the setback requirements. He
agreed that the 46 lots should be looked at on a case by case basis; however, allowing them to
remain in the district could result in a taking of an adjoining property without due process. He
recommended the Board act tonight on the districts and then let the committee work through the
46 parcels that were removed to resolve those issues.
Supervisor Fisher stated the bigger issue for him was the fact the 46 parcels did not get
notified. He advised that he would rather approve the ag districts as they currently exist and then
review the 46 parcels. He cited the need to over communicate in instances like this.
Planning Director Eric Lawrence stated that everything that was advertised for tonight
did not include the 46 parcels; therefore, they could not be included at this point. He went on to
say that as of today there are no ag district setbacks because the districts have expired.
Supervisor Wells stated the county has had ag districts for a long time and wondered why
there was a need to "stir the pot"
Assistant County Administrator Kris Tierney advised, given the hearing has been
advertised, the Board had two options. ' Option one was to not renew the districts and send them
back through the process. Option two was to approve the districts as advertised to protect the
bulk of the districts with the understanding that the 46 parcels will be reexamined and brought
back to the Board within six weeks. He concluded by saying adopting the districts was the lesser
of the two evils at this point.
Supervisor Lofton stated, given Assistant Administrator Tierney's assessment, he
suggested the Board vote on the districts with the understanding that staff would continue the
process of notifying the 46 property owners, review those parcels on a case by case basis to
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320
ensure due process, and return them to the Board for action.
Supervisor Wells stated he would like to see the 46 parcels have due process (e.g.
notified, met with, etc.). He hoped the issues could be worked out. He concluded by saying he
wished this had gone a different route.
Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved
the updates to the 2015 -2020 Agricultural and Forestal Districts and the advertising to include
the 46 parcels removed to be put in back in at a later date.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE ALBIN AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #076 -15)
WHEREAS, renewal of the 2015 -2020 Albin Agricultural & Forestal District was
considered. The properties are located west of Route 37 and north and south of Route 522 near
the Albin Rural Community Center, and are identified by Property Identification Numbers 41 -A-
170, 42 -A -62, 42 -A -180, 42 -A -190, 42 -A -191, 42 -A -192, 42 -A -193, 52 -A -48, 52 -A -49, 53 -A -1,
53 -A -2, 53 -A -3, and 53 -A -69 in the Gainesboro Magisterial District. This application was
reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning
Commission during their regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the Albin Agricultural & Forestal' District on May 20, 2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 Albin Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 Albin Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 Albin
Agricultural & Forestal District of 1,011.50± acres in the Gainesboro Magisterial District, with
an expiration date of May 27, 2020, This Agricultural & Forestal District is as described on the
attached map dated April 20, 2015 and the attached property owners table dated April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle Aye
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Board of Supervisors Regular Meeting of 05/27/15
321
Charles S. DeHaven, Jr.
Gene E. Fisher
Robert A. Hess
Gary A. Lofton
Jason E. Ransom
Robert W. Wells
Abstain
Aye
Aye
Aye
Nay
Aye
I17rl- l�'�L�77[I X71 Y I1� J 3 g7- 1'7
(RESOLUTION #077 -15)
WHEREAS, renewal of the 2015 -2020 Apple Pie Ridge Agricultural & Forestal District
was considered. The District is generally located along Payne Road (Route 663) to the north,
Welltown Road (Route 661) to the east, Apple Pie Ridge Road (Route 739) to the west and
Glendobbin Road (Route 673) to the south, and are identified by Property Identification
Numbers 31 -A -180, 42 -A -356, 42 -A -357, 43 -1 -A1, 43 -1 -A2, 43 -1 -B1, 43 -A -4, 43- A -10A, 43-
A-11, 43 -A -12, 43 -A -13, 43-A-14,43-A-69,43-A-70,43-11-4-1, 43-11-4-2,43-11-4-3, 43 -11 -4-
4, 43- 11 -4 -5, 43- 11 -4 -6, 43- 12 -3 -7, 43- 12 -3 -8, 43- 12 -3 -9, 43- 12 -3 -10, 43- 12 -3 -11, 43- 12 -3 -12,
43- 12 -3 -13, 43- 12 -3 -14, 43- 12 -3 -15, 43- 12 -3 -16, 43- 12 -3 -17, and 43- 12 -3 -18 are in the
Gainesboro and Stonewall Magisterial Districts. This application was reviewed by the
Agricultural District Advisory Committee (ADAC), and the Planning Commission during their
regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 Apple Pie Ridge Agricultural & Forestal District on
May 20,2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
201 5 -2020 Apple Pie ridge Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 Apple Pie Ridge Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 Apple Pie
Ridge Agricultural & Forestal District of 887.59± acres in the Gainesboro and Stonewall
Magisterial Districts, with an expiration date of May 27, 2020. This Agricultural & Forestal
District is as described on the attached map dated April 20, 2015 and the attached property
owners table dated April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary.A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE DOUBLE CHURCH AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #078 -15)
Minute Book Number 40
Board of Supervisors Regular Meeting; of 05127/15
322
WHEREAS, renewal ofthe 2015 -2020 Double Church Agricultural & Forestal District
was considered. The District is generally located along Double Church Road (Route 641),
Canterburg Road (Route 636), Grim Road (Route 640), and Wise Mill Lane (Route 737) and are
identified by Property Identification Numbers 85 -A -125, 85 -A -130, 85 -A -131, 85- A -131A, 85-
A -139, 86 -A -25, 86- A -25A, 86 -A -27, 86 -A -35, 86- A -35A, 86 -A -38, 86 -A -70, 86 -A -71, 86 -A-
71B, 86- A -72B, 86 -A -241 and 92 -A -73 in the Opequon Magisterial District. This application
was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning
Commission during their regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 Double Church Agricultural & Forestal District on
May 20,2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 Double Church Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 Double Church Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, DE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 Double Church
Agricultural & Forestal District of 923.16± acres in the Opequon Magisterial District, with an
expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the
attached map dated April 20, 2015 and the attached property owners table dated April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE GREEN SPRINGS AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #079 -15)
WHEREAS, renewal of the 2015 -2020 Green Springs Agricultural & Forestal District
was considered. The District is generally located along Glaize Orchard Road (Route 682) to the
south, and Green Springs Road (Route 671) to the east and are identified by Property
Identification Numbers 21-A -25 and 21 -A -36 in the Gainesboro Magisterial District. This
application was reviewed by the Agricultural District Advisory Committee (ADAC), and the
Planning Commission during their regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015.2020 Green Springs Agricultural & Forestal District on
May 20, 2015; and
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Board of Supervisors Regular Meeting of 05/27/15
323
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 Green Springs Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 Green Springs Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 Green Springs
Agricultural & Forestal District of 385.63± acres in the Gainesboro Magisterial District, with an
expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the
attached map dated April 20, 2015 and the attached property owners table dated April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S, DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE NORTH OPEQUON AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #080 -15)
WHEREAS, renewal of the 2015 -2020 North Opequon Agricultural & Forestal District
was considered. The District is generally located along Old Charlestown Road (Route 761),
Opequon Creek to the east, and Slate Lane to the west and are identified by Property
Identification Numbers 45- A -1 0V, 45 -A -1 OW, 45 -A -30, 45 -A -31, 45 -A -32, and 45 -A -32A in the
Stonewall Magisterial District. This application was reviewed by the Agricultural District
Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled
meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 North Opequon Agricultural & Forestal District on
May 20,2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 North Opequon Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 North Opequon Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 North Opequon
Agricultural & Forestal District of 407.48± acres in the Stonewall Magisterial District, with an
expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the
attached map dated April 20, 2015 and the attached property owners table dated April 20, 2015,
This ordinance shall be in effect on the day of adoption,
Minute Book Number 40
Board of Supervisors Regular Meeting of 05/27/15
9W
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE RED BUD AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #081 -15)
WHEREAS, renewal of the 2015 -2020 Red Bud Agricultural & Forestal District was
considered. The District is generally located along Red Bud Road and are identified by Property
Identification Numbers 43 -A -154, 44 -A -28, 44- A -28A, 44- A -28B, 44- A -28D, 44- �A -28G, 44 -A-
28I, 54 -A -87, 54 -A -88, 54- A -89C, 54 -A -90, 55 -A -3, 55 -A -4, 55 -A -5, 55 -A -5C, 55 -A -6, 55,A -7,
55 -A -7A, 55 -A -7B, 55 -A -7C, 55 -A -7D, 55 -A -7E, 55 -A -8, 55- A -109B, 55- A -129A, 55 -A -138,
55 -A -139, 55 -A -151, 55-A-15 1A, 55 -A -152, 55 -A -178, 55 -A -179, 44- A -181A, 55- A -181B, and
55- A -182D in the Stonewall Magisterial District. This application was reviewed by the
Agricultural District Advisory Committee (ADAC), and the Planning Commission during their
regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 Red Bud Agricultural & Forestal District on May 20, 2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 Red Bud Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 Red Bud Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 Red Bud
Agricultural & Forestal District of 985.59± acres in the Stonewall Magisterial District, with an
expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the
attached map dated April 20, 2015 and the attached property owners table dated April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT
(RESOLUTION #482.15)
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325
WHEREAS, renewal of the 2015 -2020 South Frederick Agricultural & Forestal District
was considered. This District is generally located along Cedar Creek Grade (Route 622), Middle
Road (Route 628), Marlboro Road (Route 63 1) and Hites Road (Route 625) and are identified by
Property Identification Numbers 52 -A -300, 60 -A -73, 60- A -73B, 60 -A -75, 61 -A -21, 61 -A -22,
61 -A -23, 61 -A -24, 61 -A -25, 61 -A -26, 61 -A -27, 61 -A -30, 61 -A -31, 61 -A -34, 61 -A -37, 61 -A -45,
61 -A -96, 61- A -96D, 61-A-106,61-A-107, 61 -A -116,61-A-1 17, 61 -A -118, 61 -A -119, 61 -A -120,
61 -A -126, 61 -A -127, 61- A -127A, 61-A-128, 61-A-129,61-A-130, 61 -A -131, 62 -A -21, 62,A -22,
62 -A -34, 62- 12 -5 -53, 62E- 1 -3 -14, 62E- 1 -5 -23, 62E- 1- 6 -2.5, 62E- 1 -6 -26, 62E- 1 -6 -27, 72- A -29L,
72 -A -3, 72 -A -45, 72 -A -53, 72 -A -58, 72 -A -59, 72 -A -82, 73 -A -4, 73 -A -10, 73- A-10A, 73 -A -13,
73-A-16,73-A-17,73-A-18,73-A-20,73-A-21, 73 -A -24, 73 -A -29, 73- A -30B, 73- A -30H, 73 -A-
30I, 73 -A -304, 73 -A -31, 73 -A -39, 73 -A -63, 73 -A -66, 73 -A -67, 73 -A -73, 73 -A -88, 73- A -90B,
73 -A -94, 73 -A -100, 73 -A -103, 73 -A -104, 74- A -10A, 74 -A -12, 74- A -15B, 74 -A -18, 74- A -18A,
74-A-1 8B, 83- A -81A, 83 -A -87, 83 -A -100, 84 -A -2, 84 -A -6, 84 -A -40, 84- A -40A, 84 -A -41, 84 -A-
42A, 84-A -44, 84 -A -50, 85 -A -1 in the Back Creek Magisterial District. This application was
reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning
Commission during their regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 South Frederick Agricultural & Forestal District on
May 20, 2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 South Frederick Agricultural & Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 South Frederick Agricultural & Forestal District contributes to the conservation and
preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 South
Frederick Agricultural & Forestal District of 5,485.90± acres in the Back Creek Magisterial
District, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as
described on the attached map dated April 20, 2015 and the attached property owners table dated
April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
RENEWAL OF THE SOUTH TIMBER RIDGE AGRICULTURAL & FORESTAL
DISTRICT
(RES #083 -15)
WHEREAS, renewal of the 2015 -2020 South Timber Ridge Agricultural & Forestal
District was considered. The District is generally located along Hollow Road (Route 707) to the
north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east and are identified
by Property Identification Numbers 26 -A -42, 26 -A -43, 26- A -43A, 26 -A -45, 26 -A -46, 26 -A -49,
26 -A -61, 26 -A -62, 26 -A -63, 26 -A -64, 26 -A -65, 37 -A -1, 37 -A -1A, 37 -A -72, 37 -A -73, and 37 -A-
Minute Book Number 40
Board of Supervisors Regular Meeting of 05/27/15
326
74 in the Gainesboro Magisterial District. This application was reviewed by the Agricultural
District Advisory Committee (ADAC), and the Planning Commission during their regularly
scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this renewal on April 20, 2015; and
WHEREAS, the Planning Commission held a public hearing and recommended approval
of the renewal of the 2015 -2020 South Timber Ridge Agricultural & Forestal District on
May 20, 2015; and
WHEREAS, the Board of Supervisors held a public hearing on this renewal of the
2015 -2020 South Timber Ridge Agricultural &. Forestal District on May 27, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the renewal of the
2015 -2020 South Timber Ridge Agricultural & Forestal District contributes to the conservation
and preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, . BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The Frederick County Board of Supervisors hereby adopts the 2015 -2020 South Timber
Ridge Agricultural & Forestal District of 979.0$± acres in the Gainesboro Magisterial District,
with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on
the attached map dated April 20, 2015 and the attached property owners table dated
April 20, 2015.
This ordinance shall be in effect on the day of adoption.
Passed this 27th day of May, 2015 by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Abstain
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Nay
Robert W. Wells
Aye
PUBLIC HEARING - DRAFT UPDATE OF THE 2015 -2016 FREDERICK
COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS —
THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS
ESTABLISH THE PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY
AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY.
COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE
FORWARDED TO THE PLANNING COMMISSION AND BOARD OF
SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH
TRANSPORTATION BOARD FOR CONSIDERATION.
THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD
OF S_U_PERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN
ACCORDANCE WITH SECTION 33.2 -331 OF THE CODE OF VIRGINIA, WILL
CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC
HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SIX
YEAR PLAN FOR SECONDARY ROADS FOR FISCAL YEARS 2016
THROUGH 2021 IN FREDERICK COUNTY AND ON THE SECONDARY
SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2016. COPIES OF
THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE
EDINBURG OFFICE OF THE VIRGINIA DEPAARTMENT OF
TRANSPORTATION, LOCATED AT 14031 OLD VALLY PIKE, EDINBU_RG,
VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107
NORTH KENT STREET, WINCHESTER, VIRGINIA. ALL PROJECTS IN THE
Minute Book Number 40
Board of Supervisors Regular Meeting of 05 /27/15
327
SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR
FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE
TRANSPORTATION IMPROVEMENT PROGRAM (STIP), WHICH
DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL
TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE
TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT
THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1 -800- 367 -7623. -
APPROVED
Deputy Director of Planning — Transportation John Bishop appeared before the Board
regarding this item. He advised this was an update to the 201 5 -2016 Interstate, Primary, and
Secondary Road Improvement Plans. He briefly reviewed each of the proposed plans. He noted
the Transportation Committee and Planning Commission recommended approval and staff was
seeking action from the Board following its public hearing.
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 Hess, the Board
approved the 2015 -2016 Interstate, Primary, and Secondary Road Improvement Plans.
RESOLUTION ( 9084 -15)
2015 -2016 INTERSTATE ROAD
IMPROVEMENT PLAN
WHEREAS, the Frederick County Transportation Committee recommended approval of
this plan on May 4, 2015; and,
WHEREAS, the Frederick County Planning Commission held a public hearing and
recommended approval of this plan at their meeting on May 20, 2015; and,
WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist
in the preparation of this plan in accordance with the Virginia Department of Transportation's
policies and procedures and participated in a public hearing on the proposed Plan, after being
duly advertised so that all citizens of the County had the opportunity to participate in said
hearing and to make comments and recommendations concerning the proposed Plan and Priority
List; and,
WHEREAS, a representative of the Virginia Department of Transportation appeared
before the Board during the public hearing and recommended approval of the 2015 — 2016
Interstate Road Improvement Plan and the Construction Priority List; and,
WHEREAS, the Frederick County Board of Supervisors support the priorities of the
interstate road improvement projects for programming by the Commonwealth Transportation
Board and the Virginia Department of Transportation;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The 2015 -2016 Interstate Road Improvement Plan appears to be in the best interest of the
citizens of Frederick County and the Interstate Road System in Frederick County; and therefore,
the Frederick County Board of Supervisors hereby approves the 2015 -2016 Interstate Road
Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at
the public hearing held on May 27, 2015.
Minute Book Number 40
Board of Supervisors Regular Meeting of 05127/15
328
This resolution was approved by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
RESOLUTION ( #085 -15)
2015 -2016 PRIMARY ROAD IMPROVEMENT PLAN
WHEREAS, the Frederick County "Transportation Committee recommended approval of
this plan on May 4, 2015; and,
WHEREAS, the Frederick County Planning Commission held a public hearing and
recommended approval of this plan at their meeting on May 20, 2015; and,
WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist
in the preparation of this plan in accordance with the Virginia Department of Transportation's
policies and procedures and participated in a public hearing on the proposed Plan, after being
duly advertised so that all citizens of the County had the opportunity to participate in said
hearing and to make comments and recommendations concerning the proposed Plan and Priority
List; and,
WHEREAS, a representative of the Virginia Department of Transportation appeared
before the Board during the public hearing and recommended approval of the 2015 — 2016
Primary Road Improvement Plan and the Construction Priority List; and,
WHEREAS, the Frederick County Board of Supervisors support the priorities of the
primary road improvement projects for programming by the Commonwealth Transportation
Board and the Virginia Department of Transportation;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The 2015 -2016 Primary Road Improvement Plan appears to be in the best interest of the
citizens of Frederick County and the Primary Road System in Frederick County; and therefore,
the Frederick County Board of Supervisors hereby approves the 2015 -2016 Primary Road
Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at
the public hearing held on May 27, 2015.
This resolution was approved by the following recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
RESOLUTION ( #086 -15)
2015 -2016 SECONDARY ROAD IMPROVEMENT PLAN
WHEREAS, Section 33.2 -364 of the 1950 Code of Virginia, as amended, provides the
opportunity for each county to work with the Virginia Department of Transportation in
developing a Six -Year Road Plan; and,
WHEREAS, the Frederick County Transportation Committee recommended approval of
Minute Book Number 40
Board of ,Supervisors Regular Meeting of 05/27/15
this plan on May 4, 2015; and,
WHEREAS, the Frederick County Planning Commission held a public hearing and
recommended approval of this plan at their meeting on May 20, 2015; and,
WHEREAS, the Frederick. County Board of Supervisors had previously agreed to assist
in the preparation of this plan in accordance with the Virginia Department of Transportation's
policies and procedures and participated in a public hearing on the proposed Plan, after being
duly advertised so that all citizens of the County had the opportunity to participate in said
hearing and to make comments and recommendations concerning the proposed Plan and Priority
List; and,
WHEREAS, a representative of the Virginia Department of Transportation appeared
before the Board during the public hearing and recommended approval of the 2015 — 2016
Secondary Road Improvement Plan and the Construction Priority List; and,
WHEREAS, the Frederick County Board of Supervisors support the priorities of the
secondary road improvement projects for programming by the Commonwealth Transportation
Board and the Virginia Department of Transportation;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
The 2015 -2016 Secondary Road Improvement Plan appears to be in the best interest of
the citizens of Frederick County and the Secondary Road System in Frederick County; and
therefore, the Frederick County Board of Supervisors hereby approves the 2015 -2016 Secondary
Road Improvement Plan and Construction Priority List for Frederick County, Virginia as
presented at the public hearing held on May 27, 2015.
This resolution was approved by the fallowing recorded vote:
Richard C. Shickle
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher
Aye
Robert A. Hess
Aye
Gary A. Lofton
Aye
Jason E. Ransom
Aye
Robert W. Wells
Aye
BOARD LIAISON REPORTS
Supervisor Fisher addressed a recent article in The Winchester Star regarding the
Frederick County Sanitation Authority. He advised that he had checked with staff, the by -laws,
and Robert's Rules of Order and found that a candidate nominated for a particular office was
permitted to vote; therefore, Mr. Mowery was elected as chairman of the Authority. He noted
there had been a few bumps in the road at the meeting, given the new makeup of the Authority,
but he was hopeful things would start working better.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Chairman Shickle welcomed Ms. Garton as Frederick County's new county
administrator.
Minute Book Number 40
Board of Supervisors Regular Meeting of 05127/15
/_�I�Ir11�iI7►1
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. ($:05 P.M.)
Richard C. Shickle
Chairman, Board of Supervisors
4'akA9
/B renda G. Garton
Clerk, Board of Supervisors
Minutes Prepared By:
Jay E. f ib 6&
Deputy Clerk, Board of Supervisors
Minute Book Number 40
Board of Supervisors Regular Meeting of 05/27/15