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May 25 2016 Closed Session and Regular Meeting Minutes�7 J �7 A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, May 25, 2016 at 5:00 P.M., in the Board of Supervisors' Meeting Roorn, 107 North Jl�ent Street, Winchester, Virginia: PRESENT Chairman Charles S, DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Dunn, the Board convened in closed session pursuant to Section 2.2 -3711 A {3} of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, pursuant to Section 2.2 -3711 A {1} of the Code of Virginia, 1950, as amended, far discussion of personnel matters, specifically, the annual evaluation of the county administrator and county attorney. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice- Chairman Fisher, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, 3r. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Weds Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each board member's knowledge only acquisition of real property for a public purposed pursuant to Section 2.2 -3711 A {3) of the Code of Virginia, 1950, as amended, Minute Book Dumber X11 Board of Supervisors Closed Session and Regular Meeting of 05/25/16 ��o specifically discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, personnel matters pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, specifically the annual evaluation of the county administrator and county attorney were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RECESS Chairman DeHaven recessed the meeting unti17;00 p.m. REGL]LAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation, PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann�Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved the following items under the consent agenda: Minutes —Tab A; - Amendment to County Administrator's Contract —Tab D; Minute Book Number 41 Board ofsupervisars Closed Session and Regular Meeting of OS /25116 J�� - Parks and Recreation Commission Report —Tab F; and - Road Resolutions: Snowden Bridge, Section 2 and Meadows Edge, Phase 1B �- Tab J. The above motion was approved by the following recorded vote: Charles S. DeHaven, rr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 7udith McCann - Slaughter 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 UNDER CONSENT AGENDA The minutes from the May l 1, 2016 closed session and regular meeting were approved under the consent agenda. COUNTY OFFICIALS EMPIJOYEE OF THE MONTH AWARDS MAY AND JUNE RESOLUTION #'S 074 -�.6 AND 075 -I�) - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved Barbara G. Hummer as Employee of the Month for May 2Q16 (Resolution #074 -16). WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a mast important resource; and, WHEREAS, an 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 naminated by any County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those naminated; and, WHEREAS, Barbara G. Hummer who serves as an Administrative Assistant for the Commissioner of the Revenue's ©ffice was nominated for Employee of the Month; and, WHEREAS, Barbara G. Hummer was selected as employee of the month based on the merits of her outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25�' day of May, 2016, that Barbara G. Hummer is hereby recognized as the Frederick County Employee of the Month for May 2016; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Barbara G. Hummer for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 45!25/16 ��C BE IT FURTHER RESOLVED, that Barbara G. Hummer is hereby entitled to all of the rights and privileges associated with her award. The above motion. was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved Allena Kovak as Employee of the Month for June 2016 (Resolution #075 -16). 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 upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, Allena V. Kovak who serves as a Licensed Fractical Nurse for the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; a.nd, WHEREAS, Allena V. Kovak was selected as employee of the month based on the merits of her outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County. NOW, THEREFQRE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25�h day of May, 2016, that Allena V. Kovak is hereby recognized as the Frederick County Employee of the Month for June 2016; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Allena V. Kovak for her outstanding performance and dedicated service and wishes her continued success in fixture endeavors; and, BE IT FURTHER RESOLVED, that Allena V. Kovak is hereby entitled to all of the rights and privileges associated with her award. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS APPOINTMENT OF WILLIAM H. CLINE TO FILL THE UNEXPIRED TERM OF J. STANLEY CROCKETT AS THE STONEWALL DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Minute Book Number 41 Board of Supervisors Clased Session and Regular Meeting of US125116 J4� Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board. appointed William H. Cline to fill the unexpired term of J. Stanley Crockett as Stonewall District representative to the Planning Commission. Term expires February 12, 2420. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. We11s Aye RE UEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Assistant County Administrator Kris Tierney advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Regional Ceilings, Inc. the amount of $2,600.35, for business license taxes in 2014 and 2015. This refund resulted from the company erroneously filing far business license with Frederick County instead of other Virginia localities. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Charles S. Del�aven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye AMENDMENT TO COUNTY ADMINISTRATOR'S CONTRACT — APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 10, 2016. Members present were: Kevin Anderson, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., and Blaine Dunn {BUS Liaison). Members absent were: Patrick Anderson and Randy Carter. hems Requiring Board of Supervisors Action: None Submitted for Board Information ©nly: Minute Book Number 4l Board of Supervisors Closed Session and Regular Meeting of 05/25/1G 344 1. Northwestern Sherando Park VDOT Recreation Access Grant —The Buildings and Grounds Committee recommended applying for a Virginia Department of Transportation Recreation Access Grant in the amount of $322,500 and the use of $348,500 from the Parks and Recreation proffer account to develop access to Northwest Sherando Park contingent on being awarded the grant, second by Mr. Sandy, carried unanimously (6 -0). This recommendation will be forwarded to the Finance Committee. 2. Closed Session - Ms. Gerometta moved to convene into closed session under Virginia Code 2.2 -3711 A(3) for discussion or consideration of the acquisition of real property for a public purpose, or for the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position ar negotiatin;� strategy of the public body, second by Mr. Sandy, motion carried unanimously (6 -0). Ms. Gerometta moved to exit closed session, second by Mr. Madagan, carried unanimously (6 -0). AlI commission members were polled re: any discussion besides the matter for closed session, all said no. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 18, 2016 at $:00 a.m. Non - voting liaison C. William Orndoff was absent. All other members were present, hems 3, 4, and 5 were approved under consent agenda. t. The Village at Orchard Ridge requests an alternative real estate tax consideration. Mr. Ewing recused himself from this item.. The committee took no action. — No Ac #ion Taken. 2. The Sheriff requests a General Fund su lemental a ro riation in the amount of $__1.,461. This amount represents Byrne JAG grant and will be used to purchase outer carrier vests. No additional local funds required. The $162 match can be met with current budgeted funds. The committee recommends approval. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,938.65. This amount represents prisoner extradition reimbursement. No additional local funds required. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 4. The Sheriff requests a General Fund su lemental a ro riation in the amount of $2,992.62. This amount represents reimbursement for DARE t- shirts. No additional local funds Minute Boak £dumber 41 Board of Supervisors Closed Session and Regular Meeting of D5125116 31+5 required. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $5,202.66. This amount represents a reimbursement for an auto claim.. No additional local funds required. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 6. The Department of Social Services requests a General Fund supplemental appro nt� 'ation in the amount of $245,000. This amount represents budget adjustments required for FY16. No additional local. funds required. The committee recommends approval. - Appraved Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 7. The Victim Witness Coordinator requests a General Fund supx�lemental appropriation in the amount of $15,485. This amount represents a 15 %increase in grant funds. No additional local funds required. The committee recommends approval. - Apprat�ed Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/i6 t7 8. The NRADC Superintendent xequests a NRADC Fund bud et transfer in the amount of $45,000, This amount represents funds needed for overtime. Policy states that Board approval is required to transfer out of a fringe benef t line item.. No additional .local funds required, The committee recommends approval. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. 'Wells Aye 9. The Parks �& Recreation Director requests the fallowing actions relating to a VD4T Recreation Access Grant a.s part of the Northwest Sherando Park project. The conr�mittee recommends approval of all items. — (Resolution #069 -16) - Approved a. Approval of the use of $348,500 in proffer funds designated to parks; b. Approval of the grant application and required resolution; c. An FY2017 General Fund supplemental appropriation not to exceed_$671,000 No additional local funds are required. The appropriation entry would be subject to a final grant award. RESOLUTION { #069 -16) BOARD OF SUPERVISORS FREDERICK COUNTY, VIRGINIA WHEREAS, the Sherando Park is owned and is to be developed by Frederick County as a recreational facility serving the residents of Frederick County and adjoining localities; and WHEREAS, the property on which this facility is located has no access to a public street or roadway and will require the construction of a new roadway which will connect to Warrior Drive; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.2 -1510 of the Code of Virgi�aia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds far the construction of access roads to publicly -owned recreational or historic areas; and WHEREAS, the Board has duly adopted a zoning ordinance pursuant to Article 7 {Section 15.2 -2280 et seq), Chapter 22, Title 1 S.2 of the Code of Virginia; and WHEREAS, it appears to this Board chat all requirements of the law have been met to permit the Director of the Department of Conservation and Recreation to designate Sherando Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.2 -1 S 10 of the Code of Virginia; and WHEREAS, the Board agrees, zn keeping with the intent of Section 33.2 -405 of the Cade of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road leading to or within areas of historical, natural or recreational significance; and WHEREAS, the County of Frederick hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for This improvement, and utility relocations or Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/16 -� 347 adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and NOW, THEREFORE BE TT RESOLVED, the Board of Supervisors of Frederick County hereby requests the Director of the Department of Conservation and Recreation to designate Sherando Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an adequate access road to serve said Sherando park area; and BE TT FURTHER RESOLVED, the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. BE IT FURTHER RESOLVED, that the County Administrator andlor his designees) be authorized to act on behalf of the Board of Supervisors to execute any and all documents necessary to secure the funding sought through the Recreation Access Program up to, but not exceeding, $322,500 state funds BE IT FURTHER RESOLVED THAT: The Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part. of the secondary system of highways. Upon a oration by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 1(}. The EDA Executive Director requests an EDA Fund supplemental appro rip ation in the amount of $8,100. This amount represents contributions received in excess of budgeted to be used for The Widget Cup and the Business &Education Summit, No additional local funds required. The committee recommends approval. - Approved Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the $oard approved the above request by the following recorded vote: 2016. 201 b. Charles S. DeHaven, Jr. Blaine P. Dunn Gene E. Fisher Robert A. Hess Gary A. Lofton Judith McCann - Slaughter Robert W. Wells Aye Aye Aye Aye Aye Aye Aye ** *Information Onlyx�x 1. The Finance Director provides a Fund 10 Transfer Report for Apri12016. 2. The Finance Director provides an FY 201b Fund Balance Report ending May 11, 3. The Finance Director provides financial statements for the month ending April 30, TRANSPORTATION COMMITTEE REPORT - APPROVED Minute $aok Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/16 J 4 Q The Transportation Committee met an April 4, 2416 at 8:30 a.m. Members Present Gary Lofton (voting) Judith McCann - Slaughter (voting) Gene Fisher (voting} tames Racey (voting) Lewis Boyer {liaison Stephens City} Gary Oates {liaison PC} Members Absent Mark Davis (liaison Middletown) Barry Schnoor (voting} ** *Items Requiring Action * ** 1. Traffic Calming in Oakdale Crossing (Resolution #U7{1 -16) - Approved Staff presented the petition filed by the residents of Oakdale Crossing requesting that Their key neighborhood streets be studied under VDOT's traffic calming program. The petition is attached. It was noted that in addition to a Board resolution requesting the area be studied that there are data requirements which staff will coordinate with the Frederick County Sheriff's department and VDOT, to satisfy. There was also discussion of requesting VDOT look as far beyond the borders of the Oakdale Crossing neighborhood as their program and goad planning judgment would allow in considering the totality of potential cut through traffic. MOTION On a motion by Mr. Fisher and seconded by Mrs. McCann - Slaughter the committee recommended the Board adopt a resolution requesting the study of the neighborhood under the VDOT traffic calming program. Staff is working with VDOT to obtain a sample resolution but has not received it as of this date. A resolution will be forwarded to the Board prior to or at this meeting. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the resolution requesting the study of Oakdale Crossing under the VDOT traffic calming program. WHEREAS, the Board of Supervisors of Frederick County, Virginia has received a petition from over 84% of impacted property owners in the Oakdale Crossing neighborhood requesting relief from traffic safety issues; and WHEREAS, the Virginia Department of Transportation has an adopted policy and program from conducting traffic calming studies; and WHEREAS, the Board of Supervisors has requested that Frederick County staff coordinate with the Virginia Department of Transportation in the Department's completion of a trafftc calming study with this neighborhood and its surrounding area; and WHEREAS, the Virginia Department of Transportation traffic calrrling program requires a resolution of request from the local Board of Supervisors to be considered for study. NQW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby requests entry into the Traffic Calming Program for study of the Oakdale Crossing neighborhood and any relevant surrounding area by the Virginia Department of Transportation and directs County staff to coordinate with the Virginia Department of Transportation in providing any needed data and assistance in the completion of the requested study. ADOPTED this 25th day of May, 2416. Minute Bo°k Number 4] Board of Supervisors Closed Session and Regular Meeting of 05 /25 /16 349 The above motion and resolution were approved by the following retarded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 2. Eastern Road Plan Map Discussion Staff provided draft updates to the Eastern Road plan map for the committee to consider. The changes were minor in nature and designated as a cleanup exercise. Chairman Lofton requested clarification of the process and staff noted that from the Transportation Committee the map would go to the Comprehensive Plan Committee and then through the public meeting process, Planning Commission and Board of Supervisors. By consensus, the committee forwarded the draft changes. 3. HB2 ,Application Development Update Staff provided a map detailing the draft list of potential HB2 applications for the upcoming application period. It was noted that the only project on the draft map that the Committee had not previously seen was the intersection of Crestleigh Drive and Senseny Raad. Staff noted that this intersection came under increased discussion anal scrutiny during the recent discussion of the Ravens Masterplan. Staff further noted that while indications are that the intersection likely still does not meet the warrants for a traffic signal but that turn lanes would improve safety at the intersection in addition to fully vetting out the possibility of signalization. 4. County Project Update Staff provided the following update on the County's revenue sharing projects. Snowden Bridge Blvd: Construction is underway and on schedule at this time. Tevis Street ExtensionlAirport Road/I -S1 Bridge: The Applicant has the draft revenue sharing agreement but has not yet executed it. The Applicant has been working through issues with VDOT regarding entrances on the masterplan. Staff has been participating in these discussions. Renaissance Drive Staff is coordinating with EDA staff to complete a grant application which could change the project from a grade to a bridge crossing. In addition, efforts continue to forward conversations with CSX regarding the potential crossing. Valley Mill Road Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstoaae Drive No activity at this time. Minute Book Number 41 Board of supervisors Closed Session and Regular Meeting of D5125/16 47 5. Other Staff updated the Committee on their recent meeting with VDOT engineering staff regarding the entrances to Gainesboro Elementary /Middle School and Armel Elementary School. Each school is experiencing safety issues with exiting left turd traffic that is being studied. VDOT updated the Committee on Exit 310 improvements. Mr. Oates requested staff to look into TDR's from the perspective of transportation and using them for commercial uses instead of residential. Mrs. McGann - Slaughter requested same more time to speak with Mr. Oates about the issue and Mr. Lofton asked that the item return for discussion at the June meeting. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING REZONING #03 -16 FOR SHAWNEE CANNING COMPANY; INC., SUBMITTED BY PAINTER- LEWIS, PLC, TO REZONE 2.14 ACRES FROM THE RA (RURAL AREAS) DISTRICT TO THE B2 {GENERAL BUSINESS) DISTRICT WITH PROFFERS, TPIE_PROPERTY_IS LOCATED AT 231 CROSS JUNCTION ROAD, LESS THAN 0.3 MILES FROM THE INTERSECT)C[3N WITH US ROUTE S22 NORTH (NORTH FREDERICK PIKE1 IN THE GAINESBORO MAGISTERIAL DISTRICT AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER ,.,18 -A -41 — {RESOLUTION #071 -161 APPROVED Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 2.10 acres, more or less, from RA (Rural Areas) District to B2 (General Business) District with proffers for an office use in an existing structure. The property is located in the Cross Junction rural community center. The proffers limit the uses on the property to office uses with up to 25 employees. The applicant also proffered a $500 contribution to Fire &Rescue. She went on to say the proposal was consistent. with the Comprehensive Plan. She concluded by saying the Planning Commission recommended approval. John Lewis, Painter - Lewis, appeared before the Board on behalf of the applicant. He noted the applicant needed the office space and parking for their employees. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved rezoning #03 -16. WHEREAS, Rezoning #03 -16 of Shawlaee Canning Company, Inc., submitted by Painter - Lewis, lnc., to rezone 2..10 acres from RA (Rural Areas) District to B2 (General Business) Dlstilct with Proffers, final revision date of March 1, 20 i 6 was considered. The property is located at 231 Cross Junction Road, less than 0.3 miles from the intersection with US Route 522 North (North Frederick Pike). The property is further identified with PIN 1$ -A -41 in Minute Book dumber 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/16 ��� the Gainesboro Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on May 4, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on This rezoning on May 25, 2016; 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 Palicy 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 2.10 acres from RA (Rural Areas) District to the B2 {General Business} District with proffers, final revision date March 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. The ordinance shall be in effect on the date of adoption. Passed this 25�' day of May, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS ROAD RESOLUTIONS — APPROVED UNDER CONSENT AGENDA SNOWDEN BRIDGE SECTION 2 — ROAD RESOLUTION #072 -16 - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Rec�uirernents of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.2 -705, Code of Virginia and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. MEADOWS EDGE, PHASE 1S — (ROAD RESOLUTION #073 -16} - APPR_ OVED UNDER CONSENT AGENDA Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/16 ��� WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.2 -705, Code of Virginia and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Patsy Gochenour, Red Bud District, addressed the Board regarding the need for infrastructure planning for a sustainable drinking water supply for Frederick County. She stated that every community should have a good growth plan, but for the last SO years Frederick County has had no plan for infrastructure to provide water. She went on to say the County should be looking at building reservoirs not roads. She concluded by asking the Board to form a real committee to look at workable solutions to the water crisis. Ruth Perrine, Back Creek District, addressed the Board regarding the Clowser House. She expressed concern about statements made to the media about the house. She stated she probably had the most comprehensive set of documents about this structure. She expressed concern about the lack of prepared minutes from the monthly meetings of the Sanitary District Advisory Committee, which were held between the regular quarterly meetings. She concluded by saying the house did not sit in a flood zone. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton advised that he had spoken with a member of the Shawneeland Sanitary District Advisory Committee regarding a plan the committee had received, He stated that he had misspoke previously and there was a plan that was ready to be submitted. iVlinute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of (}S /ZS /l6 - -, 353 Supervisor Dunn advised that he would be holding a meeting of interested parties regarding the Clowser House on June 2, Zfl 1 b beginning at 7:00 p.m. in the Board of Super visors' meeting room. Supervisor Hess advised that he was the liaison to the tourism board and it has been a real eye opener to see the impact tourism has on Frederick County. He also noted that the City /County basketball game would be held on Saturday, June 11, 201G at Handley High School. Supervisor Wells reported on his attendance at the Top of Virginia Builders' Association legislative breakfast and he congratulated Delegate Chris Collins on being selected as Freshman delegate of the year. Supervisor Lofton stated Delegate Minchew should be congratulated on his Internet bill, which was signed earlier in the day by the Governor. He concluded by saying that all of our legislators have done a good job for Frederick County. ADJaURN UPON A MOTION BY VICE- CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:54 P,M.) �,,� C Charles S. DeHaven, Jr. Chairman, Board of Supervisors renda G. Garton Clerk, Board of Supervisors 1Vln�utes Prepared By: � l Jay . Ti bs Deputy Clerk, Board of Supervisors Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 05/25/16