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October 26 2016 Closed Session and Regular Meeting Minutes11� A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, October 26, 2016 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. ABSENT Robert A. Hess (Arrived at 6:05 P.M.) CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice- Chairman Fisher, seconded by Supervisor Dunn, the Board in convened a closed session pursuant to Section 2.2 -3711 A (5) of the Code of Virginia, 1950, as Amended, for discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community. 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 Absent 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 carne out of closed session and reconvened in open session. 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 Slaughter, the Board certified that to the best of each board member's knowledge only discussion concerning the expansion of an existing business or industry pursuant to Section 2.2 -3711 A (5) of the Code of Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 114 Vir inia, 1950, as amended, specifically discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community was 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 7:00 p.m. REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting. to order. INVOCATION Supervisar Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda Garton advised there were no additions or changes to the agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene )a. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the following items under the consent agenda: - Minutes — October 12, 2016 Closed Session and Regular Meeting; - Request to approve holding two rabies clinics in 2017. The above motion was approved by the following recorded vote: Minute Book Number 0.2 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 11 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. 130ARD OF SUPERVISORS COMMENTS Chairman DeHaven welcomed Assistant County Attorney Erin Swisshelm. MINUTES — APPROVED UNDER THE CONSENT AGENDA The minutes from the October 12, 2016 Closed Session and Regular Meeting were approved under the consent agenda. COUNTY OFFICIALS PRESENTATION OF THE 2016 NATIONAL ASSOCIATION OF COUNTIES (NACO) AWARDS Chairman DeHaven presented the 2016 National Association of Counties (NACo) Awards to the Office of the Commissioner of the Revenue and the Geographic Information Systems Department. Each department received awards for the following: The County's entry "Commissioner of the Revenue: Business Friendly, Citizen Friendly through Technology" received an achievement award for Information Technology. Frederick County has leveraged technology to modernize annual business license renewal and other processes to make it convenient and easy for businesses while simultaneously saving the County money and staff time. In 2012, 70% of business licenses were renewed online; in 2013, 73 %; and this year, the highest yet at 78 %. As a result of continued expansion of services, businesses now have access to twenty -one online functions. This has been an ongoing effort by the business division headed by Bev Rosato and supported by Commission of the Revenue Ellen Murphy. Frederick County's entry titled "Polling Place Locator Serves Voters" received an achievement award for Civic Education and Public Information. This GIS -based web application allows voters to find and get directions to their polling place and gather information about their district, their elected representatives at each level of government, how to contact them, and this application gives citizen's easier access to all of this information. This app was developed in -house in our GIS /IT department. COMMITTEE APPOINTMENTS Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 11� REAPPOINTMENT OF JOHN R. RILEY, JR AND J. STANLEY CROCKETT TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board reappointed John R, Riley, Jr. and J. Stanley Crockett to the Economic Development Authority. These are four year appointments, Terms expire November 10, 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 APPOINTMENT OF CARL RUSH AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board appointed Carl Rush as Frederick County representative to the Handley Regional Library Board. This is a four year appointment. Term expires November 30, 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 4V. Wells Aye RE EUST TO APPROVE .HOLDING TWO RABIES CLINICS IN 2017 — APPROVED UNDER THE CONSENT AGENDA The Lord Fairfax Health District has, over the past several years, held two rabies clinics at the Frederick County Esther Boyd Animal Shelter in May and October. Pursuant to Virginia Code Section 3.2 -6521 the clinics must be approyed by the locality and the health department. Staff is seeking Board approval to conduct two rabies clinics during 2017 at the Frederick County Esther Boyd Animal Shelter. The clinics are tentatively scheduled for May and October with the specific dates to be finalized at a later date. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED The Parks and Recreation Commission met on October 4, 2016, Members present were; Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., Amy Strosnider, and Blaine Dunn- (Board of Supervisors' Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 CounTy of Frederick, Virginia 1�i Non - Voting Liaison). Items Reauiring_Board of Supervisors Action: 1. Sherando Park North Master Plan -- Ms. Gerometta moved to endorse the Sherando Park North Master Plan with the addition of a restroom in area 3 next to playground, second by Mr. Sandy, motion carried (7 -1). The revised plan is attached. - APPROVED Park and Stewardship Planner Jon Turkel appeared before the Board regarding this item. He provided a brief overview of the proposed update to the Sherando Park North Master Plan and noted the Parks and' Recreation Commission recommended adoption of this plan. Supervisor Dunn stated the plan was good, but he was concerned about the cost. He stated that he would like to send it back to the Commission to see if they could reduce the estimated $9.6 million price. Supervisor Dunn moved to send the plan back to the Parks and Recreation Commission for reconsideration of the project costs. The motion was seconded by Supervisor Slaughter for discussion . Supervisor Lofton stated this was a request to adopt a plan and the Commission was not seeking $4.6 million in funding. Park Planner Turkel concurred. He advised this was a plan to guide the future development of the park and there was no request to fund at this time. The motion to send the plan back to the Parks and Recreation Commission was defeated by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Nay Robert A. Hess Nay Gary A. Lofton Nay Judith McCann - Slaughter Aye Robert W. Wells Nay Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Sherando Park North Master Plan by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Submitted for Board Information Only: 1. Buildings and Grounds Committee — PATC Property —The Buildings and Grounds Committee recommended to not accept the property offered as a donation to Frederick Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 11� County from Potomac Appalachian Trail Club due to its remote location and cost to maintain, second by Mr. Sandy, carried unanimously (8 -0). 2. Buildings and Grounds Committee —Rose Hill Property —The Buildings and Grounds Committee recommended to request $124,000 to purchase playground equipment for Rose Hill Park, and a top dresser and paint machine for Sherando Park, second by Mr. Carter, motion carried unanimously (8 -0). Request will be forwarded to the Finance Committee for review at their next meeting. 3. Buildings and Grounds Committee — Closed Session; Mr. Madagan moved to convene into closed session under Virginia Code 2.2 -3711A (3} for discussion or consideration 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, second by Mr. Sandy, motion carried unanimously (8 -0). 4. The Parks and Recreation Commission was advised of the attached Cooperative Use Agreement revision between the Frederick County Public Schools and Frederick County Parks and Recreation Department. No action taken. FINANCE COMMITTEE REPORT - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, October 19, 2016 at 8:00 a.m. Member Charles DeHaven was absent. Items 1 and 2 were approved under consent agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved items 1 and 2 under the consent agenda. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene B. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 1. The Department of Social Services requests a General Fund supplemental a ro riation in the amount of $11 400 This amount represents additional state funds for fostering and adoption. No local funds required. — APPROVED UNDER CONSENT AGENDA 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $125. This amount represents donations to the department. No local funds required, — APPROVED UNDER CONSENT AGENDA 3. The Transportation Director requests a Development Projects Fund supplemental a ro riation in the amount of 3 620 000. This amount represents Phase II of Renaissance Drive. The project has a 50% reimbursement from VDOT. The committee recommends a supplemental appropriation in the amount of $1,267,288 which represents proffer funds already received and the VDOT match. - 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 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 11� Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 4. CSA Coordinator presents an overview of the Comprehensive Services Act program. 5. The presentation from Davenport & Company as presented at the Board of Supervisor's September 14, 2016 work session is included for discussion and direction. The committee recommends scheduling a joint Board and Finance Committee work session. 6. The County Administrator provides information and recommendation for County committee /commission compensation. The committee recommends setting committee and commission compensation as follows: a. Board Subcommittees: $50 /meeting b. Planning Commission: $150 /meeting c. Board of Equalization: $100 /meeting up to 4 hours, $200 /meeting greater than 4 hours d. Parks &Recreation Commission: $50 /meeting e. Board of Zoning Appeals: $50 /meeting f. Social Services Board, EDA, and Electoral Board: no change - 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 Fire &Rescue Deputy Chief provides information and requests discussion on a SCBA replacement grant application. The committee recommends approval to proceed with the grant application..- APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the above request. Supervisor Lofton advised the Board needed to recognize the fact that they would have to pay the cost of anything not covered by the grant. There being no further discussion, 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 3udith McCann - Slaughter Aye Robert W. Wells Aye Mrnute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26(16 County of Frederick, Virginia 1 � (� S. The Finance Committee Chairman has provided FY 2018 budget priorities and. the FY 2018 budget calendar. The committee recommends holding a joint Board and Finance Committee work session at the regularly scheduled November 16, 2016 Finance Committee meeting. Members should submit their budget priorities, concerns, and/or requests for information no later than November 9, 2016. —WORK SESSION SCHEDULED A joint work session between the Board and Finance Committee will be held on Wednesday, November 16, 2016 during the regularly scheduled Finance Committee meeting. ** *Information Only * ** 1. The Finance Director provides a Fund 10 Transfer Report for September 2016. 2. The Finance Director provides financial statements for the month ending September 30, 2016. 3. The Finance Director provides an FY 2016 Fund Balance Report ending October 6, 2016. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #11 -16 FOR JESSICA RICHARDSON, SUBMITTED FOR A COTTAGE OCCUPATION FOR AN IN HOME DAYCARE. THE PROPERTY IS LOCATED AT 102 BARBADOS PLACE STEPHENS CITY VIRGINIA,_ AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 7SF -2 -73 IN THE OPE UON MAGISTERIAL DISTRICT. - (RESOLUTION #027 -161 - APPROVED Planner Tyler Klein appeared before the Board regarding this item. He advised this was a request for a conditional use permit for an in home daycare cottage occupation. The property is Iocated in the Albin Subdivision in the Opequon Magisterial District and is zoned RP (Residential Performance) District. Planner Klein noted the proposed use is permitted in the RP District with an approved conditional use permit. He concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 7 a.m, to 7 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4, One, small, cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1} employee working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit Planner Klein did note that staff had received two objections from adjacent property owners. Minu #e Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 12i Supervisor Hess asked about the size for the permitted sign. Planner Klein responded the allowed size is up to four square feet. Jessica Richardson, applicant, appeared before the Board. She advised that she had addressed the parking concerns raised by neighbors and there are staggered drop off and pick up times for the children. Supervisor Wells asked Ms. Richardson if she would be willing to decrease the number of children from, nine to five. Mrs. Richardson responded no because she did not know how she would do that to the parents. Supervisor Dunn asked about the complaints received by staff. Planner Klein responded that staff did receive a noise complaint when the children were outside playing. Chairman DeHaven convened the public hearing. Charlotte Skylar, Opequon District, advised that she was a neighbor of the applicant and she also had a child who attended this daycare. She stated that she worked from home and had never heard any noise. She noted one family has two children who attend the daycare and they arrive in one vehicle. She did not understand the traffic concerns. She concluded by saying that she had offered up her driveway to the applicant if additional parking was needed. Becky Morrison, Gainesboro District, stated she had taught in a home daycare with 20 children and it worked very well. There being no fiurther comments, Chairman DeHaven closed the public hearing. Supervisor Wells stated he was not against child care, but he believed residences, houses, communities, and businesses had their place. He went on to say he had difficulty with the number of children. Supervisor Wells moved to deny Conditional Use Permit #11 -16. The motion was seconded by Supervisor Dunn. Supervisor Wells stated that the alternative to denial would be to reduce the number of children. Supervisor Hess asked if five (5) was a firm number or if 10 were a possibility. Supervisor Wells responded that he brought up eve to see where we are. He stated that even if the number were left at nine he would still have a problem with a business of that size in Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10!26/16 County of Frederick, Virginia 12� a residential neighborhood. Supervisor Dunn moved to amend the motion to limit the number of children to 9. The motion was seconded by Supervisor Hess. After some discussion, it was noted that the proposed amendment would not change the motion to deny. Both the main motion and the proposed amendment were withdrawn. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved conditional use permit #11 -16 with a change to condition 5 to decrease the number of children. to 10. Vice - Chairman Fisher stated that he thought 12 children was an appropriate number. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board amended the motion to change condition 5 to allow up to 12 children. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Nay The amended motion to approve conditional use permit #11 -16 was approved. WHEREAS, Conditional Use Permit #11 -16 for Jessica Richardson, submitted by Jessica Richardson for an in -home daycare facility was considered. The Property is located at 102 Barbados Place, Stephens City, Virginia (Albin Village Subdivision); generally located of north of Albin Drive and east of Aylor Road and is further identifed with Property identification Number 75F�2 -73, in the Opequon Magisterial District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on October 5, 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 October 26, 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 #11 -16 for an in -home daycare facility on the parcel identified by Property Identification Number 75F -2 -73 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted form 7 a.m. to 7 p.m., Monday through Friday. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting oi' 10/26/16 County otFrederick, Virginia ��� 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. One, small, cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one {1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Passed this 26th day of October, 2016 by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #10 -16 FOR MILLER HARDWARE SUBMITTED BY GREENWAY ENGINEERING INC., TO REZONE 0.63 ACRE OF A 6.52 ACRE PARCEL FROM THE RP (RESIDENTIAL PERFORMANCE) DISTRICT TO THE B2 GENERAL BUSINESS DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF FAIRFAX PIKE (ROUTE 277) APPROXIMATELY 900' EAST OF WARRIOR DRIVE (ROUTE 1141) AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 86 -A- 111 IN THE OPE UON MAGISTERIAL DISTRICT. _ SOLUTION #028 -16 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 0.63 of a 6.�2 acre parcel from RP (Residential Performance) District to the B2 (General Business District) with proffers. The property is located on the north side of Fairfax Pike and is in the Sewer and Water Service Area and Urban Development Area. The proposed rezoning is consistent with the Comprehensive Plan. The use of the property will be restricted to accessary outdoor storage, accessory structures, and storm water management. The applicant has proffered $$00 to fire and rescue. The Planning Commission recommended approval of this proposed rezoning. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised this proposed rezoning would allow for the expansion of the existing Miller Hardware facility. 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 Dunn, the Board approved Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 124 Rezoning #10 -16. WHEREAS, Rezoning #10 -16 of Miller Hardware, submitted. by Greenway Engineering, Inc., to rezone 0.63 acres from RP (Residential Performance) District to the B2 (General Business) District with proffers, final revision date of September 8, 2016 was considered. The Property is located. on the north side of Fairfax Pike (Route 277) approximately 900' east of Warrior Drive (Route 1141). The Property is further identified with PIN 86 -A -111 in the Opequon District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 5, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 26, 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 0.63 acres from RP (Residential Performance) District to the B2 (General Business) District with proffers, final revision date of September 8, 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 26th 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 OTHER PLANNING ITEMS PUMP &HAUL APPLICATION — 935 BRILL ROAD - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request for a pump and haul permit for 935 Brill Road in Star Tannery. She noted the property does not have an approved sewage treatment system and the Health Department has concluded that the property cannot support a treatment facility. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the pump and haul permit for 935 Brill Road. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Nay 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 Meetlug of 1012b/16 County of )� rederick, Virginia 12a RESOLUTION #029 -16 AND #OJO -16 RE: REVENUE SHARING APPLICATION SUPPORT FOR J[7BAL EARLY DRIVE EXTENSION AND TEVIS STREET EXTENSION PROJECTS - APPROVED Assistant Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised that each year the County applies for funding through the State Revenue Sharing program and this year there were two projects. The first project was the remaining funding for the Jubal Early Drive extension and interchange with Route 37. The second project was the Tevis Street extension. Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board approved the resolution for the Jubal Early Drive revenue sharing project. WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation (VDOT) to establish a project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick requests the Commonwealth Transportation Board to approve additional revenue sharing funds in the amount of $3,439,355.00 for the Jubal Early Drive extension and interchange with Route 37. BE IT FURTHER RESOLVED THAT: The County of Frederick hereby agrees to provide its share of the total cost for preliminary engineering, right -of- -way and construction of this project in accordance with the project financial documents. BE IT FURTHER RESOLVED THAT: The County of Frederick hereby agrees to enter into a project administration agreement wish VDOT and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal, state and local requirements for design, right -of- -way acquisition, and construction of the project. BE IT FURTHER RESOLVED THAT: If the County of Frederick subsequently elects to cancel the project, the County of Frederick hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the da #e VDOT is notified of such cancellation. The County of Frederick also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration or VDOT. BE IT FURTHER RESOLVED THAT: The Board of Supervisors of the County of Frederick hereby grants authority for the County Administrator to apply for funds and execute project administration agreements, as well as other documents necessary for approved projects. Adopted, this 2bth day of October 2016: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the resolution for the Tevis Street extension revenue sharing project. WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/16 County or Frederick, Virginia �2� jurisdiction or agency requesting the Virginia Department of Transportation (VDOT) to establish a project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick requests the Commonwealth Transportation Board to approve additional revenue sharing funds in the amount of $2,193,145 for the Tevis Street extension from the roundabout with the Airport Road Extension to Route S22 and intersection with Route 522. BE IT FURTHER RESOLVED THAT: The County of Frederick hereby agrees to provide its share of the total cost for preliminary engineering, right -of- -way and construction of this project in accordance with the project financial documents. BE IT FURTHER RESOLVED THAT: The County of Frederick hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal, state and local requirements for design, right -of- -way acquisition, and construction of the project. BE IT FURTHER RESOLVED THAT: If the County of Frederick subsequently elects to cancel the project, the County of Frederick hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The County of Frederick also agrees to repay any #'ands previously reimbursed that are later deemed ineligible by the Federal Highway Administraflon or VDOT. BE IT FURTHER RESOLVED THAT: The Board of Supervisors of the County of Frederick hereby grants authority for the County Administrator to apply for funds and execute project administration agreements, as well as other documents necessary for approved projects. Adopted, this 26th day of October 2016: Charles S. Del'- Taven, 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 PROPOSED ORDINANCE AMENDMENT — RIGHT -OF -WAY WIDTHS FOR FAMILY LOT SUBDIVISIONS — (RESOLUTION #031 -16) - SEN_ T FORWARD FOR PUBLIC HEARING ��� Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Chapter 144 — Subdivision of Land to update the minimum right -of- -way requirement necessary to create a family division lot, The Code of Virginia states that a 20 foot right -of way is the maximum that can be required.. The current Chapter 144 states that a SO foot right -of- -way is required. This proposed amendment would bring Chapter 144 into conformance with the State Code. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board sent this item forward for public hearing WHEREAS, an ordinance to amend Chapter 144, Subdivision to decrease the right -of- -way necessary to create a family division lot from 50 feet to 20 feet per the Code of Virginia was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the Minute Book Number 42 Board of Supervisors Ciosed Session and Regular Meeting of 10/26/16 County of Frederick, Virginia 1'2 7 proposed changes at their August 25, 2016 meeting and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on October S, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on October 26, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to amend the subdivision ordinance to require a 20 foot minimum right -of- -way for a family division lot. Passed this 26th day of October 26, 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 PROPOSED ORDINANCE AMENDMENT — DISCONTINUANCE OF NONCONFORMING USES — (RESOLUTION #032 -16) -SENT FORWARD FOR PUBLIC HEARING Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment regarding the discontinuance of nonconforming uses. She noted that the Code of Virginia references a two year period before a used can be deemed abandoned. The proposed amendment would bring the Zoning Ordinance into conformance with the State Code. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved sending this item forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning - to extend the timeframe where nonconforming uses are deemed abandoned from one year to two years, per the Code of Virginia, was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their August 25, 2016 meeting and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on October S, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on October 26, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of t0/26/t6 CounTy of Frederick, Virginia 1 �� NOW, THEREFORE; BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to change the zoning ordinance requirement to two years to consider a nonconforming use abandoned. Passed this 26th day of October 26, 2015 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 PROPOSED ORDINANCE AMENDMENT — REMOVAL OF MOTORCYCLE REPAIR IN THE B2 DISTRICT — (RESOLUTION #033 -16) -SENT FORWARD FOR PUBLIC HEARING Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance to amend the Zoning Ordinance to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Assistant Director Perkins noted that legal businesses could continue to operate under this change and dealerships that offer repair as an accessory use would still be permitted in the B2 District. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved sending this item forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning to remove motorcycle repair from the B2 {General Business) District and include it in the M1 (Light Industrial} and M2 (Industrial Transition) Districts was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their August 25, 2016 meeting and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on October 5, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on October 26, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and NOW, THEREFORE, BE IT 'REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to remove motorcycle repair from the B2 District and include it in the M1 and M2 Districts (in addition to currently being allowed in the B3 District). Passed this 26th day of October 26, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10126/16 County of Frederick, Virginia 12 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Allen Morrison, Gainesboro District, stated there had been a lot of interesting concepts discussed tonight to include $1 million for Fire &Rescue and $9.6 million for Parks and Recreation. He noted assessments had gone up across the county and if the current tax rate were maintained it would mean an approximately 17% tax increase. He stated he could not handle a real estate tax increase. He stated the fire equipment was necessary to replace, but we had allowed the equipment to get to that point. He stated this was a race to see how much we can spend before we drive the taxpayer out of the county. Ruth Perrine, Back Creek District and co -chair of the Clowser House Committee, thanked the Board for its decision, at its last meeting, to grant a 120 day extension. to save the Clowser House. She noted the committee had received a letter from Doctor Wang at the Department of Historic Resources and there was one item in the letter that the committee would be addressing with the Public Works Committee. She stated that she was pleased with Andrew Farrar's recognition earlier in the evening and that he had helped create a "great" map of Shawneeland. Mr. Farrar had willingly listened to her suggestions and she was happy to have the map on display. BOARD OF SUPERVISORS COMMENTS Supervisor Slaughter reported on her attendance at the Commonwealth Transportation Board's forum at Blue Ridge Community College. She stated there was approximately $7S0 million available for $9 billion in applications. There will be hearings in the spring regarding the funding applications and how those funds will be allocated. She noted that it would be approximately two years before the County could apply for Smart Scale grants again. Supervisor Dunn reminded the citizens that Election Day would occur before the Board's next meeting and he encouraged the citizens to think through the policy choices of the major candidates. ADJOURN Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 1 ©/26/16 County of Frederick, Virginia 13C 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. (8:35 P.M.) c��..� �� Charles S. DeHaven, Jr. Chairman, Board of Supervisors ��--� rends G. Garton Clerk, Board of Supervisors Minutes Prepared By: �_�� Jay E Ti s Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 10/26/i6 County of Frederick, Virginia