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October 12 2016 Closed Session and Regular Meeting Minutes09�� A Closed Session and Regulax Meeting of the Frederick County Board of Supervisors were held on Wednesday, October 12, 2016 at 6:OOF.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; $laine 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 convened a closed session pursuant to Section 2.2 -3711 A (3) of the Code of Vir ig nia, 1950, as Amended, for discussion or consideration of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and pursuant to Section 2.2 -3711, A (7) of the Code of Virginia, 1950, as Amended, for consultation with legal counsel and briefing by staff, regarding a dispute under a contract to which the County is a party, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, and the matter requires the provision of legal advice by such counsel. 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 Dunn, 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, Jr. Aye Blame 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 Hess, the Board Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia certified that to the best of each board member's knowledge only discussion or consideration of the disposition of real properly for a public purpose pursuant to Section 2.2 -3711 A (3) of the Code of Vir inia, 1950, as amended, specifically discussion or consideration of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and consultation with legal counsel and briefing by staff pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specifically consultation with legal counsel and briefing by staff, regarding a dispute under a contract to which the County is a party, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, and the matter required the provision of such legal advice by such counsel, 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 until 7:OOp.m. REGULAR MEETING -CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Viee- Chairman Fisher delivered the invocation. FLEDGE OF ALLEGIANCE Supervisor Dunn led the Pledge of Allegiance. ADOPTION OFAGENDA - APPROVED County Administrator Brenda Garton advised there were no additions or changes to the agenda. Upon a motion by Supervisor Lofton, 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 Minute Book iVumber 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia �g {y i 7 7 J Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Fisher the Board approved the following items under the consent agenda: - Minutes - September 14, 2016 Closed Session and Regular Meeting and September 28, 2016 Closed Session and Regular Meeting; - Correspondence from Virginia Association of Counties (VACo) Re: Voting Credentials for the Annual Business Meeting- Request to Designate County Administrator to Vote; and - Information Technologies Committee Report, The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisller Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells , Aye CITIZEN COMMENTS ' Bob Stieg, CEO of the Claremont Foundation, appeared before the Board to ask for an extension of time for the Clowser House Committee. He stated the Committee had been working on a proposal that would: - Meet the desires of the Board of Supervisors re: no taxpayer funding for this project and to reduce liability. - Preserve an irreplaceable structure. - Establish a permanent non - profit organization. Eliminate taxpayer funded costs to remove asbestos. - Create a permanent taxpayer and provide an improved lot in the Shawneeland Sanitary ,District. - Preserve the use of the grounds for the citizens of Shawneeland. Ruth Perrine, Back Creek District, thanked the Public Works Committee fox recomrrlending a 90 day extension. She stated that no one wanted to see the job completed faster than she did. She noted the Clowser Foundation was incorporated on September 28, 2016. She concluded by saying the committee would hold a public meeting with the Shawneeland residents once the proposal was finalized. Patsy Gochenour, Red Bud District, requested the Board unanimously approve an extension for the Clowser Committee. Minute Book tVumber 42 Board of Supervisors Closed Session and Regular Meeting of 10/l2/16 County of Frederick, Virginia roc Larry Allen Clowser Webb, Front Royal, asked the Board to approve the Public Works Committee recommendation for an extension, BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED UNDER CONSENT AGENDA The minutes from the September 14, 2016 Closed Session and Regular Meeting and the September 28, 2014 Closed Session and Regular Meeting were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS NOMINATION OF RONALD V, SHICKLE AND LUTHER 0. STILES FOR REAPPOINTMENT TO THE BOARD OF EQUALIZATION- APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board nominated Ronald V. Shickle and Luther 0. Stiles for reappointment to the Board of Equalization. This is a three year appointment. Term expires December 16, 2019. 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 NOMINATION OF DUDLEY RINKER FOR REAPPOINTMENT TO THE BOARD OF ZONING APPEALS AS BACK CREEK DISTRICT REPRESENTATIVE — APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Fisher, the Board nominated Dudley Rinker for reappointment to the Board of Zoning Appeals. This is a five year appointment. Term expires December 31, 2021. 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 NOMINATION OF RONALD MADAGAN FO_ R REAPPOINTMENT TO THE BOARD OF ZONING APPEALS AS MEMBER -AT -LARGE REPRESENTATIVE — APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board nominated Ronald Madagan for reappointment to the Board of Zoning Appeals. This is a five year appointment. Term expires December 31, 2021. 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 COMMxSS�ONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Home Instead Senior Care in the amount of $7,379.00 for business license taxes in 2016. This refund results from the business moving in to the city limits. of Winchester in August. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved ille 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 2. Virginia ORSA Limited in the amount of $13,202.81 for public service taxes assessed based on public service filings from the state in 2016. This refund results from this business no longer operating in our jurisdiction. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, 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 3. Food Lion the amount of $19,326.31 for business license taxes in 2016. This refund results from the closing of this business and a new corporatian, Shop N Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10!12/16 County of Frederick, Virginia �� Save opening in the same locations and reflects proration of gross receipts for the period unused. Shop N Save will be responsible for taxes incurred subsequent to the closing of the old business. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, 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 CORRESPONDENCE FROM VIRGINIA ASSOCIATION OF COUNTIES (VACo) RE: VOTING CREDENTIALS FOR THE ANNUAL BUSINESS MEETING — REQUEST TO DESIGNATE COUNTY ADMINISTRATOR TO VOTE _ APPROVED UNDER CONSENT AGENDA The Board designated the county administrator to vote on their behalf at the annual Virginia Association of Counties meeting. COMMITTEE REPORTS INFORMATION TECHNOLOGIES COMMITTEE REPORT -- APPROVED UNDER CONSENT AGENDA The Information Technologies Committee met in the First Floor Conference Room at 10 7 N. Kent Street at 8:15a.m, ozz Wednesday, October 5, 2016. Present were Gary Lofton, Board of Supervisors IT Chairman; Judith McCann - Slaughter, Board of Supervisors IT Member; Robert Hess, Board of Supervisors IT Member. Absent were Quaiser Absar, IT Citizen Member; Lorin Sutton, IT Citizen Member; and Todd Robertson, IT Citizen Member. Others present were: Brenda Garton, County Administrator; Scott Varner, IT Director; Patrick Fly, Deputy GIS Manager; Michelle Nugent, Network Operations Supervisor; Benny Tyson, MIS Director; and Alisa Scott, Administrative .Assistant. ** *Items Not Requiring Action * ** 1. Introduction of IT Director 2. Assessment of department and current projects 3. Reorganization ideas shared after initial IT staff assessment 4. Changes to IT Procurement Policy 5. New Projects (Microsoft Office 365) 6. Strategic planning 7. Board of Supervisors to receive update per month on IT project statuses and ideas. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, September 27, 2016 at 8:OOa.m. All members were present except Whit Wagner and Jim Wilson. The following items were discussed: ** *Items Requiring Action * ** 1. Disposition of Shawneeland Council House fClowser House) - APPROVED 120 DAY EXTENSION The committee reviewed a report dated September 21, 2016 prepared by a citizens' Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting or 10!12/16 County of Frederick, Virginia 1 a:� group attempting to preserve the existing Clowser House which has incurred structural damage. This report was prepaxed to answer specific questions posed by the Board of Supervisors during a meeting held on June 23, 2016. At that meeting the Board approved a 90 day grace period to allow the concerned citizens an opportunity to address specific questions. The conclusions summarized in the report were presented by Mr. Robert Stieg, Jr., who was listed as the co- chairman of the Citizens Committee for the Preservation of the Clowser House. At the conclusion of his presentation, the committee entered into a discussion of the issues that had been adequately addressed and those items that needed further study. The items that were not adequately addressed include the following: a. Obtain written documentation from DCR that the intended use will not adversely affect the classification of the dam. b. Identify and procure funding necessary to structurally stabilize the existing building. To allow sufficient time to achieve the above tasks, the committee unanimously endorsed a request from the citizens group for an additional 90 day study period. The committee also strongly urged the citizens' group to meet with the Shawneeland Advisory Committee to share the results of their current report as well as ascertain their willingness to donate property to the Clowser Founda #ion. Upon a motion by Vice- Chairman Fisher, seconded by Supervisor Hess, the Board approved a 120 day grace period to allow the citizen committee an opportunity to address specific questions. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fidler Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 1. Protect Update a. Snowden Bridge Boulevard Extension. The project is currently ahead of schedule. The bridge deck was placed last week and final grading is moving forward. The final asphalt surface mix shall be placed in the next couple of weeks and then fnal stripping. We anticipate that the project should be finished in late October ar early November, b. Frederick County Regional Landfill - Partial Closure of CDD Landfill - Permit 591: The contractor is placing final soil covers and topsoil. The project should be completed by the end of October with final seeding and mulching. c. Round Hill Fire Station and Event Center. This project is nearing completion. Last week, we performed a final walk -over of the project with the contractor and have developed a fmal punch list and warranty items. We anticipate final completion at the end of October. 2. Miscellaneous Reports Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/15 County of Frederick, Virginia 104 a. Tonnage Report b. Recycling .Report c. Animal Shelter Dog Report d. Animal Shelter Cat Report TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on September 26, 2016 at 8:30a.m. Members Present Gary Lofton (voting) Judith McCann - Slaughter (voting) Barry Schnoor (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) Gene Fisher (voting) Members Absent Mark Davis {liaison Middletown) James Racey {voting) ** *Items Regniring Action * ** 8. Other - APPROVED Mrs. McCann - Slaughter noted that she felt that funding for the I -81 corridor should be added to the Board's Federal Legislative Agenda in addition to the State Legislative Agenda. MOTION A motion was made by Mrs. McCann - Slaughter to recommend that the Board of Supervisors add funding for the I -81 corridor to their Federal Legislative Agenda. The motion was seconded by Mr. Fisher and passed unanimously. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved adding funding for the I -81 corridor to its Federal and State legislative initiatives. 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 ** *Items Not Requiring Action * ** 1. Gainesboro School Entrance Improvements Mr. Wayne Lee offered the schools schematic for Route 522 improvements and the justification for it. He noted the expected cost is approximately $600,000. Mr. Fisher noted that he believes a combination of a signal with the extended turn lane as well as flashers downstream noting when there is a red ahead as he has observed in localities elsewhere in the state. Ed Carter of VDOT noted that the signalization work would likely approach $400,000 and that the Commonwealth Transportation Board is really holding the line on introduction of signals to primary thoroughfares. It was also noted that this entrance only meets one of VDOT's signal warrants which is below the current threshold. Mr. Lee noted that the dry run they conducted of the proposed traffic plan was successful. The Sheriff also noted that they are currently collecting speed data in that area. Mrs. McCann - Slaughter noted that at JWMS in the past there were officers who staffed the location at key times and would stop traffic to clear the bus traffic and asked if the School Board had considered this. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10112!16 County of Frederick, Virginia 10 �� Mr. Lee noted that this was the practice in the past. Mr. Oates noted that he feels the school's proposal is a good compromise but noted that speeds are a concern out there and that the school zone should possibly be extended even f�u-ther. Mr. Hess asked if this is seen as permanent or temporary. He noted access to Gainesboro Road may be part of the solution. Mr. Lee noted that while this has been discussed there are issues with spacing for the most direct route and that the secondary route along the edge of the Adams farm that was considered did not gain support though he did not recall why. Mrs. McCann - Slaughter and Mr. Hess, noted that this would be a potentially good long term solution. Mr. Lofton asked whether there is still time to investigate additional alternatives. Mrs. McCann - Slaughter asked about what we did at Armel since that is a similar situation. Mr. Lee noted it is not as easy of a solution because of greater volumes and significant grades. The entrance also does not meet warrants and a 'superstreet' solution is not feasible due to topographical issues. He noted that the best option there is to bring it to Macedonia Church Road. Mr. Fisher noted that he feels we need to keep pushing for the signal at Armel and that he is willing to support the School Board in this discussion with VDOT. T'he Committee, by consensus, has requested that the school continue to investigate alternative access via the Adams farm. Mr. Oates also noted that an entrance on Gainesboro Road would reduce the number of buses coming onto Route 522. 2. Uacoming Commonwealth Transportation Board Meetin:: As noted on the attached correspondence, on October 25, 2016 the Commonwealth Transportation Board and Secretary of Transportation will be holding an open house followed by a town hall meeting farmat. While the invitation notes there will be no formal public comment, this is an opportunity to have direct interaction with our CTB representatives, Secretary of Transportation, and VDOT staff and inform them of Frederick County's key priorities. Staff noted ihat they are available to drive anyone from the Transportation Committee or Board of Supervisors to the meeting who may wish to attend and noted that staff will also be attending. In addition, staff provided the following key points for discussion. In addition to appreciation for recent funding approvals such as Route 277 from Exit 307 to Double Church Road, key points of discussion at this time would include the following: Frederick County's Current Applications for SmartScale (formerly HB2) 1. Route 37 extension from Tasker Road to Route 522 2. (Variation of Project 1) Route 37 extension from Tasker Road to Future Warrior Drive location combined with construction of Warrior Drive from that location to current terminus of Warrior Drive 3. Exit 317 northbound exit ramp relocation to location where Redbud Road currently ties into Route 11 North combined with the rerouting of Redbud Road to Snowden Bridge Boulevard 4. Route 277 from Double Church Road to Warrior Drive, widening and access Management Minute Book iVumber 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia 10� 5. Route 11 North, widening from Snowden Bridge Blvd to Old Charlestown Road 6. Sulphur Springs Road, reconstruction and widening from Route 50 to the landfill 7. Intersection of Senseny Road and Crestleigh Drive, turn lanes onto Senseny Road 8. Intersection of Route 277 and Warrior Drive, extend the eastbound right turn lane on Route 277 and pedestrian safety improvements along the southern part of Warrior Drive 9. Intersection of Papermill Road and Route 522, extend right turn lane on eastbound Papennill Road Established Priorities from the County Interstate and Primary Plans 1, Route 37, completion of Route 37 through the eastern portion of the County and around Stonewall Industrial Park 2. Route 11, north and south widening and access management improvements to address growth and congestion 3. Route 277, widening and access management from Double Church Road to Route 522, key 'next critical' areas are the vicinity of Sherando High School and Sherando Park 4. Route 50 and Route 7 widenings 5. Renewal of planning and progress on I -81 long term solutions Revenue Sharing Continue opposition to the plan to reduce revenue sharing funds available to localities,. 3. 2016 Virginia Appropriation Act Please see the attached correspondence from VDOT regarding the 2016 Virginia Appropriation Act. Mr. Ed Carter of VDOT was on hand to discuss the program with the Committee and noted that no action is required on the part of the County at this time. This particular policy will impact approximately $39,000.00 of Frederick County's secondary funds and VDOT is working on recommendations of where to move those funds to preserve them. At such time as VDOT has finished their part of the process, those recommendations will be forwarded to the County. 4. Revenue Sharing Apalica #ions Staff made the following recommendations to the Committee regarding the upcoming revenue sharing cycle. The next round of VDOT Revenue Sharing Applications will be due on November 1, 2016. Staff is seeking approval from the Committee to begin preparation of the following applications for the Board of Supervisors consideration and approval. 1. Remaining Funding for Jubal Early Drive Extension and Interchange with Route 37 This project was first put forth for revenue sharing funding during last year's application cycle and received $5,840,895.00 in revenue sharing funds toward a total project cost of $18,660,500.00. Staff would like to apply for an additional $3,439,355.00 to get the revenue sharing portion of project funding up to the full 50% that the program allows. 2. Tevis Street Extension This project was previously awarded $700,000.00 for potential gap funding on the farmer CDA. Since that time the CDA has failed and significant construction funding has been awarded to the Bridge over I -81 and the Airport Road Extension and round -a -bout. A portion Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/]6 County of Frederick, Virginia 1O of the $700,000.00 has been used for design of the Tevis Street Extension and Bridge. Staff is seeking to apply for additional revenue sharing funds to address right -of- -way and construction of this section in the amount of $2,193,145.00. These two potential applications total $5,632,500.00. Staff noted that the maximum annual revenue sharing request is $10,000,000 and that if other opportunities present themselves that the County still has room for additional applications. By consensus the Committee authorized staff to begin working on the applications. This item will come before the Board separately at a future meeting for final approval and resolution adoption. 5. Fall/Winter Transportation Forum Based on previously noted desire by the Committee to repeat last year's fall transportation forum. Staff sought input regarding the format and/or theme for this year's forum. Key items discussed for the public outreach and advertisement process included I -81, unpaved roads, transportation funding, and public safety. Staff was instructed to begin outreach to our state and federal elected officials to try and find a date when most could participate and to begin formulating materials for public outreach. 6. Draft LFCC Public Transit Feasibility Study Staff provided copies and a brief overview of the study to the Committee. No action was taken. 7. County Projects Update Snowden Bridge Boulevard: Construction is underway and on schedule at this time. Expected completion in approximately one (1) month. Tevis Street Extension /Airport Road/1 -51 Bridge: The revenue sharing agreement has been executed and design is once again underway on the bridge. In addition, the traffic impact analysis that will determine the design specifics for the Airport Road is underway and a draft is expected shortly. Renaissance Drive: Transportation Partnership Opportunity Fund application has been submitted which could change the project from a grade to a bridge crossing. Staff is coordinating with CSX and VDOT to complete an MOU for the process of getting the crossing as well as determining unimproved rail crossings for upgrade. Following a meeting with local stakeholders, Staff is also proceeding to the Finance Committee to seek approval to begin design work on the surface street while the current grant application for the bridge is pending. 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 design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia �o� Jabal Early Drive Extension. and Interchange with Route 37: Initial meetings regarding a draft agreement and follow up application for additional revenue sharing funds has been held with the private partner team. PLANNING COMMISSION BUSINESS REZONING #08 -16 - WWW LC - PROFFER AMENDMENT — (ltF.,SOLUTION #025 -161 — APPROVED Assistant Planning Director- Transportation John Bishop appeared before the Board regarding this item. He advised this was a minor proffer revisions associated with Rezoning #03 -03. The proposed revision pertained to the implementation of Petticoat Gap Lane and the extension of Retail Boulevard. The property is currently zoned B2 (General Business) District. The request was to delay the phase 2 transportation proffer and allow up to 50,000 square feet of additional retail space to be built before the road was constructed. Assistant Director Bishop noted a VDOT comment which stated the undeveloped square footage in phase I should be included as part of the 50,000 square feet, He concluded by saying the Planning Commission recommended approval of the revised proffers. Evan Wyatt, Greenway Engineering, advised that proffer BS included new language, which was added following Planning Commission approval. He noted the applicant would complete the construction of Retail Boulevard. He concluded by saying that because of that commitment the 50,000 square feet of additional retail should be for the WWW property and not the adjoining property. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved Rezoning #08 -16. WHEREAS, Rezoning #08 -16 of WWW, LC submitted by Greenway Engineering, Inc., to revise proffers associated with Rezoning #03 -03. Specifically this action delays the implementation of Petticoat Gap Lane and the extension of Retail Boulevard, was considered. The proffer revision proffer statement dated April 2, 2015 with a final revision date of October 3, 2016. The Property is located at the northwest quadrant of Northwestern Pike (US Rt. SO West) and Retail Boulevard intersection, the Property is further identified with PIN S2- A -Bin the Gainesboro Magisterial District; and WHEREAS, the Planning Commission held a public meeting on this rezoning on August 17, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on October 12, 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, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12!16 County of Rrederick, Virginia 10 c� that Chapter 165 of the Frederick County Code, Zoning•, is amended to revise the Zoning District Map modifying proffers related to the final portions of the proffered collector roadway. This ordinance shall be in effect on the date of adoption. Passed this 12th day of October, 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 RESOLUTION ( #026 -161 RE: RAIL CROSSING UPGRADE FUNDING — APPROVED Assistant Planning Director- Transportation John Bishop appeared before the Board regarding this item. He advised this proposal was in connection with the work on the Renaissance Drive extension. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the resolution. WHEREAS, in accordance with Virginia Department of Transportation procedures, it is necessary that a request by a Board resolution be made in order that the Department Program Federal Section 130 Funds for upgrades to "passive" rail crossings in the County; and WHEREAS, the County has worked in cooperation with VDOT and CSX Railroad to identify the crossings of Marlboro Road and Vaucluse Road to be candidates for crossing upgrades that would be eligible for these funds; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby requests that VDOT Program Federal Section 130 Funding for the upgrades of the CSX crossings at Marlboro and Vaucluse Roads with any potential matching funds to be supplied by other VDOT .funds allocated to Frederick County. ADOPTED this 12fk day of October 2016. This resolution 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 RESPONSE TO UESTIONS FROM PLANNING COMMISSION - APPROVED SENDING CPPA 01 -16 FORWARD FOR FURTHER STUDY AND DID NOT SEND CPPAS 02- 16.03 -16, AND 04 -16 FORWARD FOR STUDY Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Planning Commission had made a request to the Board seeking additional Minute Book Number 42 Board of Supervisoes Closed Session and Regular Meeting of 10!12/16 County of Frederick, Virginia ��� guidance as to the level of study desired on the 2016 Comprehensive Plan Policy Amendments. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Dunn, the Board approved moving CPPA #01 -16 Leonard Property forward for filrther study and not moving the other three requests forward. Supervisor Slaughter advised that the basis for her decision at the last meeting was the memo from Planning staff advising the Comprehensive Plans and Programs Committee recommended further study of the applications. 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 Nay Judith McCann - Slaughter Nay Robert W. Wells Nay BOARD LIAISON REPORTS There were no Board liaison reports. CTTIZEN COMMENTS There were no citizen comments. BOARD OF SUFERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR FISHER, SECONDED BY SUPERVISOR HESS, THERE BEING NO FURTHER BUSIlVESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:40P.M.) �� ��� Charles S. DeHaven, Jr. Chairman, Board of Supervisors renda G. Garton Clerk, Board of Supervisors Minutes Prepared By: ��.�f� /�_'�, `�� Jay . Ti s Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/12/16 County of Frederick, Virginia