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June 22 2016 Regular Meeting Minutes35A A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 22, 2016 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Blaine P. Dunn; Robert A. Hess; Judith McCann- Slaughter; and Robert W. Wells. ABSENT Gene E. Fisher and Gary A. Lofton. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Dunn led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Administrator Garton advised she had one addition to the agenda. She added the certification of the annual evaluation of the county administrator and county attorney under County Officials. Upon a motion by Supervisor Dunn, seconded by Supervisor Hess, the Board approved the amended agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: . - Minutes; - Memorandum of Understanding — Northern Shenandoah Valley Substance Abuse Coalition FY 2016 Bureau of Justice Assistance Adult Drug Court Discretionary Grant Program; - Public Safety Committee Report; and Minute Book Number 41 Board of Supervisors Regular Meeting of 06/22/16 - -� -� 35� - Resolution Re: Programmatic Project Administration Extension Addendum for Revenue Sharing Projects. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Sheriff Lenny Millholland appeared before the Board to thank the hundreds of people who came out to help his department locate a missing $5 year old in Frederick County. Ruth Perrine, Back Creek District, stated she was a member of the latest Clowser House committee and they had met twice so far. She stated the committee was making history right now as they would discover the potential of this structure. She stated it was important to preserve this part of history. She concluded by saying she hoped the Board would grant the 90 day extension. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes from the May 25, 2016 closed session and regular meeting were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Supervisor Slaughter, seconded. by Supervisor Dunn, the Board appointed the following individuals to the Development Impact Model Oversight Committee for a one year term. Appointments will expire June 28, 2017. Kris C. Tierney, County Administration Gary A. Lofton, Board of Supervisors and EDA Representative Robert A. Hess, Board of Supervisors Representative H. Paige Manuel, Planning Commission Representative Roger L. Thomas, Planning Commission Representative Seth Thatcher, School Board Representative Stephen Pettler, Top of Virginia Building Association J. P. Carr, Top of Virginia Building Association The above motion was approved by the following recorded vote: Minute Book R'umber 41 Board of Supervisors Regular Meeting or 06/22116 355 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye R�UEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer, to credit D L Peterson Trust the amount of $6,268.75 for personal property taxes for 2014 and 2015. This refund is for the proration of trucks and vehicles financed by D L Peterson Trust but either sold or moved from our locality. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann- Slaughter Aye Robert W. Wells Aye Administratox Garton advised this was a request to authorize the Treasurer to refund Valley Proteins, Inc. the amount of $6,052.64, for business equipment taxes in 2013 and 2014. This refund resulted from an audit of the company for 2013 -2016 on reported business equipment, Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene B. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye PERFORMANCE AGREEMENT: KINGSPAN INSULATION, LLC — (RESOLUTION #076 -16) - APPROVED ��� Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the performance agreement with Kingspan Insulation, LLC. Minute Book Number 41 Board of Supervisors Regular Meeking of 06/22/16 ���� WHEREAS, KINGSPAN INSULATION LLC. has made known its intent to expand its operation by making new taxable machinery and equipment and real property improvements and retain and create jobs; and BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $300,000 as stated in the executed Performance Agreement to the Economic Development Authority of Frederick County, Virginia from Frederick County's Fund Balance to assist in expanding the operation for KINGSPAN INSULATION LLC, in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 22nd day of June 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton .Absent Judith McCann - Slaughter Aye Robert W, Wells Aye MEMORANDUM OF UNDERSTANDING — NORTHERN SHENANDOAH VALLEY SUBSTANCE ABUSE COALITION FY 2016 BUREAU OF JUSTICE ASSISTANCE ADULT DRUG COURT DISCRETIONARY GRANT PROGRAM — APPROVED UNDER CONSENT AGENDA CERTIFICATION OF THE ANNUAL EVALUATION OF THE COUNTY ADMINISTRATOR AND COUNTY ATTORNEY - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board certified the annual evaluation of the county administrator. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board certified the annual evaluation of the County Attorney. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Minute Book Number 41 Board of Supervisors Regular Meeting of Q6/22/16 i4 J � C} Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Thursday June 2, 2016 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Blaine Dunn, and Helen Lake. Member Chuck Torpy was absent. Also in attendance were Fire &Rescue Association President Dan Cunningham, County Attorney Rod Williams, Fire &Rescue Chief Denny Linaburg, Major Steve Hawkins, Communications Director LeeArma Pyles, Sheriff Lenny Millholland, Deputy County Administrator for Human Services Jay Tibbs and Assistant Superintendent for Administration Dr. Al Orndorff from Frederick County Public Schools. The following items were discussed: ** *Item Not Requiring Action * ** 1. Discussion of Draft Ordinance to Authorize the Use of a Video- Monitorine S stem to Record and Enforce Violations of Code of Vir inia 46.2 -859 Passin a Stooped School Bus. (See Attached) County Attorney Rod Williams, with input from the Frederick County Public Schools, presented a draft ordinance to address the issue of drivers passing stopped school buses when the flashing red stop sign is extended. The ordinance would enable the installation of a video monitoring system that would capture, via video, images of vehicles- coming and going- who do not stop thus warranting a summons and fine. Dr. Orndorff said the schools have run a trial using the vendor Red Flex on 2 buses and in a one month period they had over 200 violations. All video would be sent to Red Flex who would review them to spot possible violators. Red Flex would then forward those videos to the Sheriff's office for further review to determine appropriate action. Dr. Orndorff noted that safety is the number one priority and that once the cameras were installed there should be a noticeable decrease in violations. Mr. Lofton made a request for Red Flex to provide a more in depth demonstration of the system. The Public Safety Committee unanimously recommends the concept of the school bus camera ordinance to the Code &Ordinance Committee. The County Attorney and Frederick County Public Schools will work on a detailed list to address concerns and questions from the Public Safety Committee for implementation of an ordinance. ** *Discussion Items * ** 2. Fire & Rescue Service Plan Chief Linaburg provided an update on the Fire &Rescue Department's Service Plan. The plan, which is anal!- encompassing comprehensive document which outlines all levels of service, apparatus, staffing, volunteer system, etc, showing how it all works as a cohesive department, was distributed to the Committee last year. Chief Linaburg advised that County Administrator Brenda Garton is assembling a Steering Committee to review the service plan more in depth and provide feedback and comments. Chairman Fisher requested Chief Linaburg keep the Committee apprised of the progress. Mr. Walt Cunningham expressed his concern with the long downtimes at the hospital which affects the availability of companies in their respective first due area. Chief Linaburg is aware of this issue and has been working on it in conjunction with additional staffing needs. 3. Other Basiness Chairman Fisher asked the 3 Public Safety department heads to update the Committee on current staffing levels and vacancies within their departments. Chief Linaburg stated the Fire & Rescue Department is short 3 EMTs, but there are 3 offers currently on the table for Minute Book Number 41 Board of Supervisors Regular Meeting of 06!22/16 35� consideration. In addition, 10 new positions were allocated in the FY17 budget. Communications Director Pyles advised she has 2 openings in the center with interviews pending in July. She also has a shift supervisor position available. Sheriff Millholland noted he has 6 new deputies going to the academy in July, 4. Meetin Date Chairman Fisher has requested that the Public Safety Committee start meeting on a bi- monthly basis. He requested Deputy County Administrator Jay Tibbs check available dates to hold regular future meetings. Next Meeting: Date to beset for August Adjourn The meeting was adjourned at 9:40 a.m. PUBLIC WORKS COMMITTEE REPORT - AFPROVED The Public Works Committee met on Tuesday, May 31, 2016 at 8;00 a.rn. All members were present, The following items were discussed: ** *Item Requiring Action * ** 1. Disposition of Shawneeland Couueil House (Clowser House) - Approved In their regularly scheduled meeting on May 11, 2016 the Board of Supervisors requested that the status of the Council House be referred to the Public Works Committee for their review and recommendations. In anticipation of this review, the committee members were offered opportunities to inspect the existing condition of the building as well as review any associated historical information. After a lengthy discussion of the status of the subject building, the committee unanimously endorsed a motion presented by Mr. Bob Wells to grant the individuals wanting to preserve the Council House a 90 day study period with the following stipulations: a. The study shall identify who will assume ownership and/or liability for the house. The ownership option may or may not be available depending on the requirements specified by the Department of Conservation and Recreation (DCR) related to the classification of the Cherokee Dam. b. The study shall identify and secure a funding source and/or sources for the construction/renovation and continuing maintenance of the house. c. The study shall identify potential uses for the house and determine in writing from DCR that these uses will not jeopardize the current Cherokee Dam classification. These potential uses shall also be reviewed and approved by the Shawneeland Advisory Committee to verify compliance with the Sanitary District requirements. The 90 day study period shall commence on the date of approval by the Board of Supervisors. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board granted the individuals wanting to preserve the Council House a 90 day study period with the stipulations approved by the Public Works Committee. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Minute Book Number 41 &oard of Supervisors Regular Meeting of Obl22 /16 360 Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 1. Purchase of Replacement Vehicles for Inspections and Engineering (Attachment #1) The committee reviewed and unanimously endorsed requests for supplemental appropriations to purchase two {2) vehicles for Inspections ($54,000) and one (1) vehicle for Engineering' ($28,000) to replace older, high mileage trucks that are incurring higher maintenance costs. It should be noted that these vehicles are subject to a great deal of off road travel on roughly graded construction sites which greatly increases maintenance costs. In addition to the age, high mileage and increased maintenance costs, the requests highligllt the significant increase in revenue as justification for the purchases. The request will be referred to the Finance Committee for their review and action. 2. Carry Forward Request for Roundhill Fire Station Funds The committee reviewed and unanimously endorsed a request from the Deputy Director Mr. Joe Wilder, to carry forward any remaining unencumbered funds associated with the Roundhill Fire Station project. As of May 23, 2016, the unencumbered amount was $82,916.27. 3. Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report HR COMMITTEE REPORT - APPROVED The HR Committee rnet in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, May 13, 2016. HR Committee members present were: Supervisors Robert Hess, Chairman, Robert Wells, Blaine Dunn and citizen members Beth Lewin and Dorrie Greene; citizen member Don Butler was absent. Others present were: Brenda Garton, County Administrator; Kris Tierney, Asst. County Administrator; Lynsey Orndorff, HR Generalist; Delsie Jobe, Administrative Services Manager, DSS; Billy Orndoff, Treasurer; Cheryl Shiffler, Finance Director; Lenny Millholland, Sheriff; Rod Williams, County Attorney; and Denny Linaburg, Fire Chic£ ** *Items Requiring Board Action * ** 1. Employee Compensation &Performance Philosophy - Approved The Committee reviewed the attached employee compensation and performance philosophy to set a standard to attract, motivate, and retain quality employees who support Frederick County's mission. Upon a motion by Beth Lewin, seconded by Blaine Dunn, the Committee recommended approval of this request. The motion was approved unanimously. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the employee compensation and performance philosophy. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Minute Baok Number 41 Board of Supervisors Regular Meeting of 06/22/16 361: Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** I. Reorganization of the County Aduninistrator's Office. 2. Bonus Ordinance. The Committee reviewed a request from the County Attorney for an Employee Recognition Program pursuant to Virginia Code §15.2 -1508. Upon a motion by Beth Lewin, seconded by Blaine Dunn, the Committee recommended approval of this request from the Board with referral to Code &Ordinance. The motion was approved unanimously. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, June 17, 2016 at 8:00 a.m. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on May 23, 2016 at 8:30 a.m. Members Present Merubers Absent Gary Lofton (voting) Mark Davis (liaison Middletown} Judith McCann- Slaughter (voting) Gary Oates (liaison PC) Gene Fisher (voting) Barry Schnoor (voting) James Racey (voting) Lewis Boyer (liaison Stephens City} ** *Items Requiring Action * ** 2. Korean War Veterans Memorial Highway - Approved The Committee reviewed the attached request from the Korean War Veterans Association. As noted, a request from the Board of Supervisors to the Commonwealth Transportation Board is required to help move this along if the Board sees fit. The County would be responsible for the cost of installation and upkeep far the signs; however the association has noted they are willing to reimburse this cost. After some brief discussion Mr. Fisher motioned and Mrs. McCann - Slaughter seconded to recommend the Board approve the request. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the request from the Korean War Veterans Association. The above motion was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann- Slaughter Aye Robert W. Wells Aye 3. Bicycle and Pedestrian Restriction on Route 37 - Approved VDOT contacted staff upon receiving a request from the State Police that Route 37 be Minute Book Number 41 Board of Supervisors Regular Meeting of 06/22(16 3621 closed to pedestrians and cyclists as well as other forms of transportation not suitable for high speed conditions. In order to take this request to the Commonwealth Transportation Board, VDOT is in need of a letter of support from the locality, Staff has attached the relevant state code section. On a motion by Mrs. McCann - Slaughter seconded by Mr. Fisher the Committee recommended that the Board support the request. Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 1. Interstate, Primary, and Secondary Road Plan updates Staff updated the Committee on the status of these updates and advised that they should have actionable drafts at their next meeting. 4. County Projects Update Snowden Bridge Blvd: Construction is underway and on schedule at this time. Tevis Street Extension /Airport Road/I -81 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. These masterplan discussions appear to be complete and Staff is awaiting the new masterplan submission. In addition, Staff submitted revised language to the revenue sharing agreement approximately two weeks prior to this mailing and has not yet received feedback. 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. Staff is meeting with CSX and VDOT staff on May 18, 2016 regarding the potential crossing. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete the design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. 5. Other Due to a scheduling conflict the Committee has rescheduled their June meeting to June 20, 2016 in the Board of Supervisors Closed session room. Minute Book Number 41 Board of Supervisors Regular Meeting of 06/22/16 36� PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT RE VEST OF CEDAR CREEK BATTLEFIELD FOUNDATION. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT REQUIRED• APPLICATION; ISSUANCE OR DENIAL; FEE; PARAGRAPH D. TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD 8347 VALLEY PIKE MIDDLETOWN VIRGINIA. PROPERTY OWNED BY THE CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Dr. Stanley Hirschberg, Cedar Creek Battlefield Foundation, appeared before the Board regarding this item. He gave a brief overview of the Foundation's upcoming events and asked that the Board approve this permit request. 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 Wells, the Board approved the twelve month outdoor festival permit request for Cedar Creek Battlefield Foundation by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #04 -16 FOR VICKI NASH, WHICH SUBMITTED FOR A COTTAGE OCCUPATION NAIL SALON. THE PROPERTY IS LOCATED AT 215 FRUIT ORCHARD DRIVE, GORE, VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 17- 22A -19 IN THE GAINESBORO MAGISTERIAL DISTRICT. — (RESOLUTION #077 -16) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit foz a nail salon. The property is zoned R- 5and is located in the Gainesboro Magisterial District. He noted the proposed nail salon was a permitted use in the R -5 zoning district with an approved conditional use permit. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at ail times. 2. No signage allowed with This Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through Saturday. Minute Book Number 41 Board of Supervisors Regular Meeting of 06!22/16 ��4 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. 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 Dunn, the Board approved conditional use permit #04 -16. WHEREAS, Conditional Use Permit #04 -16 Of Vicki Nash, submitted by Vicki Nash for a Cottage Occupation —Nail Salon was considered. The Property is located 215 Fruit Orchard Drive and is further identified with Property Identification Number 17- 22A -19 in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 1, 2016, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on Tune 22, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit 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 map to reflect that Conditional Use Permit Application #04 -16 for a Cottage Occupation — Nail Salon on the parcel identified by Property Identification Number (PIN) 17- 22A -i9 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10 :00 a.m. to 6:00 p.m., Monday through Saturday. 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 22nd day of June, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Absent Robert A, Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — CHAPTER 165 ZONING, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS: PART 401. — RA RURAL AREAS DISTRICT 165 - 401.06 PERMITTED LOT SIZES. REVISION TO THE FREDERICK COUNTY ZONING ORDINANCE TO PROVIDE FOR AN ALLOWANCE TO PERMIT DIVISIONS FROM RURAL PRESERVATION LOTS FOR PUBLIC ROAD DEDICATIONS OR UTILITY DEDICATIONS. — (RESOLUTION #078_16) Minute Book Number 43 Board of Supervisors Regular Meeting of ©6/22116 lass - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to revise the Zoning Ordinance to permit divisions from rural preservation lots for public road or utility dedications. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved the ordinance amending the Frederick County Code, Chapter 165 Zoning, Article IV Agricultural and Residential Districts, Part 401 — RA Rural Areas District, § 165- 401.06 PERMITTED LOT SIZES. WHEREAS, Staff has been directed to prepare an amendment to Chapter 165, Zoning to provide an allowance to permit divisions from rural preservation lots for the widening of an existing VDOT owned road or for a public utility dedication; WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on June 1, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this, ordinance amendment on June 22, 2016; and WHEREAS, the Frederick County Board of Supervisars 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 Article IV — Agricultural and Residential Districts, Part 401 — RA Rural Areas District; §165- 401.06 — Permitted Lot Sizes, to allow divisions from rural preservation lots for the widening of an existing VDOT owned road or for a public utility dedication. Chapter 165 — Zoning ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District, § 165 - 401.06 Permitted lot sizes. C. Rural preservation lots, (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: (a) Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). (b} This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted, other than for the widening: of existing VDOT road right -of -ways or public utility dedications, unless all the following are met: i. The division results in an overall acreage increase to the Rural Preservation Tract; and ii. Acreage added to the preservation tract may come from areas internal or external to the rural preservation subdivision; and iii. Acreage from the preservation tract may not be adjusted into parcels outside of the rural preservation subdivision; and Minute Book Number 41 Board of Supervisors Regular Meeting of 06/22/16 � �J iv. The Rural Preservation Tract continues to meet all requirements of Chapter 165 and 144. Passed this 22nd day of June, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann- Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS REZONING fl6 -16 SEMPELES PROPERTY SUBMITTED BY PENNONI TO REVISE PROFFERS ASSOCIATED WITH REZONING #02 -d4. THIS REVISION RELATES TO THE "ON SITE DEVELOPMENT" SECTIONS OF THE PROFFERS FOR THE Ml (LIGHT INDUSTRIAL) DISTRICT ZONED PORTION OF THE SITE. THE APPLICANT IS RE UESTING TO REVISE THE PROFFERS TO ALLOW THE USE OF TILT -UP CONCRETE WALLS AND TO REMOVE PROFFERS THAT HAVE BEEN COMPLETED. THE PROPERTY IS LOCATED ADJACENT TO MARTINSBURG PIKE (ROUTE 11) APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF WOODBINE ROAD (ROUTE 669) AND MARTINSBURG PIKE IN THE STONEWALL MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 34 -A -4. — (RESOLUTION #0'79 -161 - APPROVED Assistant Director of Planning and Development Candice Perkins appeared before the Board regarding this item. She advised this was a minor rezoning to amend the proffers to allow the use of tilt -up concrete walls and to remove those proffers that have already been completed. The proffered generalized development plan is the same as 2004, She concluded by saying the Planning Commission recommended approval. Patrick Sowers, Pennoni, appeared before the Board to answer any questions they might have. He concluded by asking the Board to approve this application. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved Rezoning #06 -16. WHEREAS, Rezoning #06 -16 Sempeles Property, submitted by Pennoni Associates, to revise the proffexs associated with Rezoning #02 -04 relating to the "On -Site Development" section of the proffers was considered. The proffer revision, originally proffer statement dated April 27, 2004, with a final revision dated June 2, 2016, applies only to PIN 34 -A -4. The request is to amend the proffer statement far the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt -up walls within the M1 (Light Industrial) zoned portion of the property. The Applicant has also updated the proffer to remove improvements that have been previously completed. WHEREAS, the Planning Commission held a public meeting on this rezoning on June 15, 2015, and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on June 22, 2016, and Minute Book Number 41 Board of Supervisors Regular Meeting of 06/22/16 36T 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 RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #02 -04 relating to the "On -Site Development" section of the proffers. This minor proffer revision,.original proffer statement dated April 27, 2004, with a final revision dated June 22, 2016, allows the use of concrete tilt -up walls within the M1 (Light Industrial) zoned portion of the property and removes the proffers that have been previously completed. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of June, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Absent Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION _ ( #080 -16) RE: PROGRAMMATIC PROJECT ADMINISTRATION EXTENSION ADDENDUM FOR REVENUE SHARING PROJECTS -- APPROVED UNDER CONSENT AGENDA Programmatic Project Administration Extension Addendum Revenue Sharing Projects THIS ADDENDUM is made and executed in triplicate this 22nd day of June, 2016, by and between the County of Frederick, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation hereinafter referred as the DEPARTMENT. WHEREAS, the LOCALITY and the DEPARTMENT, entered into a Programmatic Project Administration Agreement for Revenue Sharing Projects on April 18, 2014; and WHEREAS, said agreement has an initial term of three fiscal years {each year beginning July 1st —June 30th), and will expire on June 30, 2016 and may be extended for one additional term of three fiscal years; and WHEREAS, the parties to the agreement hereby declare their intent to extend said agreement as provided in Paragraph 1 of said agreement and further declare that such terms and provisions provided therein shall remain unchanged. NOW THEREFORE, in consideration of the mutual premises contained therein and in this Addendum, the parties agree to extend said agreement for one additional term of three fiscal years with a new expiration date of June 30, 2019. IN WITNESS WHEREOF, each party hereto has caused this Addendum to be executed as of the day, month, and year first herein written. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Patsy Gochenour, Red Bud District, addressed the Board regarding the recently held Comprehensive Plan meeting in the Red Bud District. She stated there was very little Minute Book Number 41 Board of Supervisors Regular Meeting of 06 /22/16 K•: advertisement of the meeting. She called in to the County Administrator's office and was referred to the Planning Department to get the information. She went on to say there were no signs, etc. She felt the main topic of the meeting should have been water because the current sources do not meet the projected needs of the community. She went on to say the Board should do an all -out effort to obtain water. She concluded by saying "how important is water? Without water there is no life." BOARD OF SUFERVISORS COMMENTS Supervisor Dunn reported on his attendance at an anti - bullying event. He discussed how two young people recently committed suicide as a result of being victims of bullying. He also reported on his attendance at the Revolutionary Waz re- enactment in Middletown. He hoped Mayor Harbaugh would continue these re- enactments because there is a lot of history in Frederick County. ADJOURN UPON A MOTION BY SUPERVISOR WELLS, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURN -ED. (7:45 P.M.) ��� Charles S. DeHaven, Jr. Chairman, Board of Supervisors renda G. Garton Clerk, Board. of Supervisors Minutes Prepared By: �(,�(� �'. `�� Jay E. i s Deputy Clerk, Board of Supervisors tVlinute Book Number 41 Board of Supervisors Regular Maeting of 06/22!16