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September 28 2016 Closed Session and Regular Meeting Minutesi� • � • A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, September 28, 2016 at 6:00 P,M,, in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. ERESENT 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 Lofton, the Board in closed session pursuant to Section 2.2 -3711 A (5) of the Code of Virginia, 1950, as Amended, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community; and pursuant to Section 2.2 -3711, Subsection A, (3) of the Code of Virginia, 1950, as Amended, for Discussion or Considezation of the acquisition of real property for a public purpose, or 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 public body. 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: Charier 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 Wells, the Board Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09!28/16 County of Rrederick, Virginia 1` certified that to the best of each board member's knowledge discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2 -3711 A (S) of the Code of Virs7inia, 1950, as amended, and discussion or consideration of the acquisition of real property for a public purpose pursuant to Section 2.23711 A (3) of the Code of Virginia, 1950, as amended specifically discussion or consideration of the acquisition of real property fox 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 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. REGULAR 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 Deputy County Administrator for Human Services Jay Tibbs advised there were no additions or changes to the agenda. Upon a motion by Supervisor Loflton, seconded by Supervisor Wells, 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 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting ot04/28116 County of Frederick, Virginia �e CONSENT AGENDA - APPROVED Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board approved the following items under the consent agenda: - Minutes —Joint Work Session with the Planning Commission, August 17, 2016 and Work Session with Financial Consultant, September 14, 2016; and - Road Resolutions — Security Drive, Santa Maria Estates, and Mystical Rose Lane. 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 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 August 17, 2016 joint work session with the Planning Commission and the September 14, 2016 work session wish the financial consultant were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. MARKER TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed John R. Marker to the Conservation Easement Authority. This is a three year appointment. Term expires September 28, 2019. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye $laine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye APPOINTMENT OF GUSS MORRISON AS SHAWNEE DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Minute Book Number 42 Board of Supervisors Ctosed Session and Regular Meeting of 09/28/16 County of Frederick, Virginia Is Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board appointed Guss Morrison as Shawnee District representative to the Parks and Recreation Commission. This is a four year appointment. Term expires September 28, 2020. 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 REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Deputy Administrator Tibbs advised this was a request to authorize the Treasurer to refund Plaza Pet Clinic the amount of $3,909.61, for business license taxes for the first half of 2016. This refund resulted from the closing of this business and reopening under new ownership and reflected proration of gross receipts for the period unused. The new business would be responsible for taxes incurred subsequent to the closing of the old business. Upon a rnotion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board approved the above refund request and supplemental appropriation. 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 Deputy Administrator Tibbs advised this was a request to authorize the Treasurer to refund Lake Holiday Country Club Inc. the amount of $5,925.00 for real estate taxes and sanitary district fees in 2016. This refund resulted from lots absorbed by the homeowners association not identified in any other exoneration request. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the above refund request and supplemental appropriation. 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 Minute Baok 1Vumber 42 Board of Supervisors Closed Session and Regular Meeting of 09/28/16 County of Frederick, Virginia 1: Judith McCann_ Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North IC.ent Street on Wednesday, September 21, 2016 at 8:00 a.m. Non - voting liaison Ellen Murphy was absent. Items 5, 7, 8, and 9 were approved under consent agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the consent 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 1. The FOPS Finance Director provides FY 2016 Year End financial information and is available for discussion. See attachment, p. 4 - 30. No action required. 2. The FCPS Assistant Director of Finance requests School O eratin Fund and General Fund supplemental appropriations in the amount of $211 634 10 This amount represents funds received during FY16 for designated projects. See attached memo, p. 31. The committee recommends approval. - 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 3. The FOPS Assistant Director of Finance requests School Operating Fund and General Fund su lemental a ro riations in the amount of $458 984.80. This amount represents unspent FY16 funds to be spent on high. priority items in the transportation and facilities services departments. See attached memo, p. 31. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Vice - Chairman 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 4. The Finance Director presents FY 2016 Year End financial information. See attached, p. 32 - 48. No action required. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/28/16 County of Frederick, Virginia 1 5. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of 750. This amount represents a Keep Virginia Beautiful grant for the Walk Your Human initiative. No additional local funds are required as remaining program costs are available in the current budget. See attached memo and original grant application, p. 49 - 52. -- APPROVED UNDER CONSENT AGENDA 6. The Deputy Public Works Director requests a Landfill Fund supplemental appropriation in the amount of $200,000. This amount represents a carry forward of unspent FY16 funds for an ongoing project: the Partial Closure of Areal, Phase 1, CDD Landfill. See attached memo, p. 53. The committee recommends approval. - 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 7. The Sheriff requests a General Fund supplemental appropriation in the amount of $300. This amount represents donations to the K -9 Program. No Iocal funds required. See attached memo, p, 54 - 55. - APPROVED UNDER CONSENT AGENDA 8. The SherifF requests a General Fund supplemental appropriation in the amount of $50. This amount represents a donation to DARE. No local funds required. See attached memo, p. 56 - 57. — APPROVED UNDER CONSENT AGENDA 4. The Fire &Rescue Chief requests a General Fund supplemental�propriation in the amount of $4,845.85. This amount represents an insurance reimbursement for an auto claim. No local funds required. See attached memo, p. 58. — APPROVED UNDER CONSENT AGENDA 10. The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of $31,202.77. This amount represents a carry forward of unspent FY16 funds for carpet replacement, which was started in FY16 but has been delayed. See attached memo, p. 59. 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 11. The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of $100,000.. This amount represents the third installment under the performance agreement with Carmeuse Lime and Stone. See attached memo, p. 60. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Itegutar Meeting of ®9!28/16 County of Frederick, Virginia 088 Charles S. DeHaven, Jr. Aye Blaine P. Durm Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 12. The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of $100,000. This amount represents the final installment under the performance agreement with HP Hood. See attached memo, p. 61. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Vice - Chairman Fisher, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene F. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 13. The Finance /Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 62 - 64. The committee recommends no changes. - 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. 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 Only * *� 1. The Finance Director provides a Fund 10 Transfer Report for August 2017. See attached, p. 65. 2. The Finance Director provides financial statements for the month ending August 31, 2016. See attached, p. 66 - 76. 3. The Finance Director provides an FY 2017 Fund Balance Report ending September 15, 2016. See attached, p. 77. A. The FY16 year -end open purchase orders have been provided by the County and the Schools. See attachments, p. 78 - 92. 5, The County Administrator's recommendation on County committee /commission pay will be provided in October. PLANNING COMMISSION BUSINESS PUBLIC HEARING Minute $ook Number 4Z Board of Supervisors Closed Session and Regular Meeting of 09/28/16 County of 1<'rederick, Virginia i` PUBLIC HEARING - CONDITIONAL USE PERMIT #09 -16 FOR CONNIE ANN MOSS FOR A DOG KENNEL. THE PROPERTY IS LOCATED AT 4527 VALLEY PIKE STEPHENS CITY VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75 -A -28 IN THE BACK CREEK MAGISTERIAL DISTRICT. — (RESOLUTION 021 -16) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a dog kennel. The property is located at 4527 Valley Pike in the Back Creek Magisterial District and is zoned RA (Rural Areas) District. He noted kennels were a permitted use in the RP, with a conditional use permit. The applicant was proposing five kennels for boarding with up to two dogs per kennel. In addition, there would be indoor and outdoor dog training. The Planning Commission recommended approval with conditions, Connie Ann Moss, applicant, appeared before the Board. She advised that her facility would offer professional dog training and board in a low stress kennel. She noted the two dogs per kennel would be allowed only for dogs from the same household. sign. Supervisor Lofton asked if the sign listed in the conditions was adequate in size. Mrs. Moss responded chat she would like to have a larger sign, possibly a 4 feet by 6 feet Chairman DeHaven convened the public hearing. Kat Eaton, Winchester resident, spoke in support of this application. She stated that she would utilize this service. She went on to say she was in desperate need of a facility like this for her dogs. She concluded by saying the Board would be doing this region a service by supporting this effort. Joyce Beck, Gainesboro District, spoke in support of this application, She stated there were no facilities in the area where she would leave her dogs. She went. on to say that she was currently driving to Strasburg to board her dogs. She concluded by saying this facility would be a great advantage to b'rederick County. There being no further con�rnents, Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved conditional use permit #09 -16 with the conditions modified to allow for a larger sign not to exceed 24 square feet, WHEREAS, Conditional Use Permit #09 -16 for Connie Ann Moss, submitted by Connie Ann Moss for a Dog Kennel was considered. The Property is located at 4527 Valley Pike, Stephens City, Virginia and is further identified with Property Identification Number 75 -A -28, in the Sack Creek District; and, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meefing of 09/28/16 County of Frederick, Virginia o4a WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on September 7, 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 September 28, 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 #09 -16 for a Dog Kennel on the parcel identified by Property Identification Number 75 -A -28 with the following conditions: 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding and training of dogs on this property. 3. No More than three (3) employees with this CUP. 4. All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and supervised on a leash after 9:00 p.m. as needed. 5, Any proposed business sign shall be a monument type sign and shall not exceed 24 square feet in size and five (5) feet in height. 6. Hours of operation shall be 8 :00 a.m, to 9:00 p.m. Monday through Sunday. 7. Any expansion or modification of this use will require the approval of a new CUP. Passed this 28th day of September, 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 PUBLIC HEARING - REZONING #09 -16 FOR COMMONWEALTH BUSINESS CENTER LOT 5 SUBMITTED BY GREENWAY ENGINEERING INC TO REZONE 1.21 ACRES FROM THE B3 INDUSTRIAL TRANSITION DISTRICT TO THE B2 GENERAL BUSINESS DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF COMMONWEALTH COURT (ROUTE 11671 APPROXIMATELY 500' EAST OF THE INTERSECTION WITH VALLEY PIKE US ROUTE 11 SOUT AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75 -A -91E IN THE BACK CREEK MAGISTERIAL DISTRICT. — RESOLUTION #022 -16 - APPROVED Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 1.21 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The property is located on Commonwealth Court in the Back Creek Magisterial District. She noted the proposed B2 zoning was consistent Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09!28116 County of Frederick, Virginia r• with the Comprehensive Plan. The property is located in the sewer and water service area. The applicant has proffered land use restrictions, which prohibit general merchandise stores, commercial daycare facilities, and adult retail. In addition, the applicant has proffered to contribute $500 for fire and xescue services. She concluded by saying the Planning Commission recommended approval. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the i application. He advised that the church did not have a daycare or school component so they were okay proffering out those uses. He noted the proposed use would require additional parking; however, there was adequate space on site. He concluded by saying the applicant would provide a revised site plan. Assistant Director Perkins stated that staff did not have any concerns if the Board wanted to strike any of the prohibited uses. She noted the property was never rezoned thus it was functioning under historic zoning. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Rezoning #09 -16. WHEREAS, Rezoning #0916 of Commonwealth Business Center Lot 5, submitted by Greenway Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016 was considered. The Property is located on the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South). The Property is further identified with PIN 75 -A -91E in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing on Phis rezoning on September 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 28, 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 Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 28th day of September, 2016 by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09f28/16 County of Frederick, Virginia �!, 0 9 � 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 DISCUSSION — 2016 COMPREHENSIVE POLICY PLAN AMENDMENTS CPPA Assistant Planning Director Candice Perkins appeared before the Boazd regarding this item. She advised, at the August i7, 2016 joint work session with the Planning Commission, there was support for further study of the Leonard property. She stated staff was seeking a consensus of the Board regarding which properties to study further. a. 01 -16 LEONARD PROPERTY —SENT FORWARD FOR FURTHER STUDY Upon a mo #ion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board approved sending CPPA #01 -16 Leonard Property forward for further study. 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. Lotion Aye Judith McCann - Slaughter Aye Robert W. Wells Aye b. 02 -16 RUSSELL &SMITH PROPERTIES —SENT FORWARD FOR FURTHER STUDY Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, -the Board approved sending CPPA #02 -16 Russell &Smith Properties forward for further study. Vice - Chairman Fisher stated he would not support any rezoning of this property until there was clarification to Senate Bi11549 regarding proffers. He also noted that this property has important infrastructure issues. Supervisor Duren stated was not comfortable with studying this property until the infrastructure issues were addressed. Chairman DeHaven agreed The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Nay Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09128/16 County of Frederick, Virginia o; Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye c. 03 -16 WOODS MILL RD (JRW /SEMPELES /ORNDORFF PROPERTIES) — SENT FORWARD FOR FURTHER STUDY Upon a morion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved sending the CPPA #03 -16 Woods Mill Rd (JRW /Sempeles /Orndorff Properties) forward for further study. Supervisor Dunn stated he could not support this application and he was concerned about the transportation issues. Vice - Chairman Fisher stated studying the property did not hurt, but he could not approve an amendment to the Comprehensive Plan until Senate Bill 549 was addressed, The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye d. 04 -16 FRUIT HILL ORCHARD (SOLENI3ERGER —REST CHURCH) — SENT FORWARD FOR FURTHER STUDY Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved sending CPPA #04 -16 Fruit Hill Orchard (Solenberger -- Rest Church) forward for further study. Supervisor Dunn stated he would vote no due to transportation issues. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay Blaine P. Dunn Nay Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye MEMORANDUM RE: DEVELOPMENT IMPACT MODEL — SENATE BILL 549; THE NEW PROFFER LEGISLATION — APPROVED DISCONTINUANCE OF THE DEVELOPMENT IMPACT MODEL Planning Director Michael Ruddy appeared before the Board regarding this item. He advised chat, as a result of Senate Bi11549, which became law effective July 1, 2016, the ongoing Minute Book Number 42 Baard of Supervisors Closed Session and Regular Meeting of 09!28/16 County of Frederick, Virginia 094 use of the County's development impact model as a resource for evaluating residential rezoning applications was in question. He went on to say that staff recommended the discontinuance of the use of the model in order to better protect the County as we understand this new law. Vice - Chairman Fisher stated he was really troubled with where "we are" with this bill and he would like to propose a moratorium on residential development. Supervisor Hess stated the development impact model had served us well for some time and it was unfortunate that we were not able to use this tool. Chairman DeHaven stated that Frederick County had worked hard to strike a balance with the development community, but those relationships were not quite the same in other parts of the Commonwealth. Director Ruddy advised that staff had modified the rezoning application so each request would be evaluated on an individual basis. Vice - Chairman Fisher stated he did not think the Board had any choice but to approve this request. He went on to say that any rezonings that come in would be looked at on a case by case basis. Supervisor Wells stated that it was important for the residents to understand that this board and previous boards had worked hard to manage growth in the Coun #y, but the Board's hands were tied because of this new law. He concluded by saying the playing field had,changed. Supervisor Slaughter suggested asking the county attorney to look into the legal issues surrounding a moratorium. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the discontinuance of the development impact model. 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 ROAD RESOLUTIONS: a. SECURITY DRIVE (RESOLUTION #023 -161 — APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular meeting on the 2$th day of September, 2p16, adopted the following: Minute Book I�'umber 42 Board of Supervisors Gkosed Session and Regular Meeting of 09/28!]6 County of Frederick, Virginia 1• 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 ibis 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 WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and/or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced roads into the secondary system of state highways; 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.: b. SANTA MARIA ESTATES. MYSTICAL ROSE LANE — (RESOLUTION #024 -16) - APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular meeting on the 2$th day of September, 2016, adopted the following: 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. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09/28/16 County of Frederick, Virginia 1''r CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn advised that he would be holding a town hall meeting in his district on Tuesday, October 11, 2016 beginning at 7:00 p.m. at the Greenwood Mill Elementary School. In light of the heavy rains expected over the next several days, Vice - Chairman Fisher asked citizens not to drive through standing water in the roadways and put themselves at risk. ADJOURN UPON A MOTION BY SUPERVISOR FISHER, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED, (8:23 P.M.) ������ Charles S. DeHaven, Jr. '°' Chairman, Board of Supervisors �� Brenda G. Garton Clerk, Board of Supervisors Minutes Prepared By: Jay E. " 'ib� Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 09!28/16 County of Frederick, Virginia