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November 9 2016 Regular Meeting Minutest A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 9, 2016 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; 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. INVOCATION Supervisor 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 Lofton, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Aye Robez't A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Minutes — October 26, 2016 Closed Session and Regular Meeting; - Request to schedule a public hearing on proposed revisions to the Articles of Incorporation of the Frederick County Sanitation Authority; - Transportation Committee Report; and, - Resolution of Support -- SmartScale Application. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Minute Book Number 42 Board of Supervisors liegular Meeting of 11/09/16 County of Frederick, Virginia 1� 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 Supervisor Hess announced that he and his wife would be moving into the City of Winchester and as a result he would be resigning as a member of the Board of Supervisors effective November 30, 2016. 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 RECOGNITION OF THE FREDERICK COUNTY FINANCE DEPARTMENT FOR RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD Chairman DeHaven recognized the Frederick County Finance Department for receiving the Government Finance Officers Association Distinguished Budget Presentation Award. He noted the Government Finance Officers Association of the United States and Canada (GFOA} had awarded Frederick County, Virginia the GFOA's Distinguished Budget Presentation Award for its budget, This award represents a significant achievement by Frederick County and reflects the organization's commitment to the highest principles of governmental budgeting. The Government Finance Officers Association established the Distinguished Budget Presentation Award Program in 1984 to encourage and assist state and local governments to prepare budget documents of the highest quality that reflect best practices on budgeting and to recognize individual governments that succeed in achieving that goal. Documents submitted are reviewed by GFOA professionals and by outside reviewers. Each reviewer rates the budget document in regard to 27 spt?cific categories. In order to achieve the award the document must be rated proficient or outstanding. States, localities, school districts and community colleges all participate in the Budget Awards Program.. Frederick County has been a recipient of this award for 31 consecutive years; 26 years have been under the leadership of Cheryl Shiffler, Finance Director, and Jennifer Place, Budget Minute Book Number 42 Board of Supervisors Regular Meeting of 11/9/16 County of Frederick, Virginia i 4r� Analyst. Chairman DeHaven recognized Ms. Shiffler and Ms. Place for their hard work, leadership, and dedication in improving the quality of Frederick County's budget each year and receiving this award is a testament to their efforts, Frederick County was one of 65 recipients in the Commonwealth of Virginia. COMMITTEE APPOINTMENTS REAPPOINTMENT OF JEFF STEVENS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board reappointed Jeff Stevens to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires November 9, 201$. The above motion was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine 1?. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye (Supervisor Dunn stated under Board Liaison Reports that he had intended to vote no on this Shawneeland Sanitary District Advisory Committee appointment based on the merits of the process and not the individual.) REAPPOINTMENT OF MICHELLE LANDON TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board reappointed Michelle Landon to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires November 9, 2018. Supervisor Dunn stated he would be voting against this reappointment because he felt the residents of Shawneeland should elect their representatives. 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 Aye RESOLUTION #034 -i6 RE: TAX FILING EXTENSIONS - APPROVED Commissioner of the Revenue E11en Murphy advised that the Code of Virginia required the Board of Supervisors to approve a resolution to allow the Commissioner of the Revenue to Minute Book 1Vumber 42 Board of Supervisors Regular Meeting of 11/ ©9/16 CounTy of Frederick, Virginia [ �� i give filing extensions to taxpayers who have good cause for filing late. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the resolution regarding tax filing extensions. WHEREAS, the Frederick County Code requires that the annual return of taxable machinery and tools (M &T) and business equipment (BE) employed in a business or trade be filed wish the Frederick County Commissioner of the Revenue on or before March 15th each year; and WHEREAS, Frederick County taxpayers often request extensions of time for the filing of M &T and BE returns; and WHEREAS, pursuant to Section 58.1 -3916 of the Code of Virginia, a governing body may provide by resolution for reasonable extensions of time, not to exceed 90 days, for filing M &T and BE returns, whenever good cause exists; and WHEREAS, Section 58.1 -3916 of the Code of Virginia also directs the official granting such extensions to keep a record of every such extension and directs that any taxpayer who has been granted a filing extension but fails to file the return within the extended time be treated the same as if no extension had been granted; now, therefore be it RESOLVED, that the Frederick County Board of Supervisors hereby grants the Frederick County Commissioner of the Revenue authority to allow, upon request of a taxpayer for good cause, a reasonable extension of time, not to exceed 90 days, for filing the annual return of machinery and tools and/or business equipment; and be it further RESOLVED, that the Frederick County Commissioner of the Revenue shall comply with remaining provisions of Section 58.1 -3916 of the Code of Virginia including with regard to recordkeeping and the treatment of taxpayers who fail to file their returns within the extended time period. Enacted this 9th day of November, 2016. 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 PERFORMANCE AGREEMENT FOR SHAWNEE CANNING COMPANY, INC. (RESOLUTION #035 -1b) - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the performance agreement for Shawnee Canning Company, Inc. WHEREAS, SHAWNEE CANNING COMPANY, INC. has made known its intent to expand its operation by making new taxable machinery and equipment and real property improvements and retain and create jobs; and BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby. approve and appropriate the payment of $7,500 as stated in the executed Performance Agreement to the Economic Development Authority of Frederick County, Virginia from Frederick County's Fund Balance to assist in expanding the operation for SHAWNEE CANNING COMPANY, INC. in Frederick County, Virginia. BE IT RESOLVED, tllat said funds are subject to an executed Performance Agreement Minute Book Number 42 Board of Supervisors Regular Meeting of 11/09/16 County otFrederick,'6'irginia 14� outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 9r' day of November 2016. 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 BOARD'S 2036 VISION AND STRATEGIC PRIORITIES - APPROVED Administrator Garton presented the Board's 2036 vision and strategic priorities for approval. She noted�that once the Board approves the priorities staff would create a work plan to accomplish the targets. Chairman DeHaven stated that under Fiscal Responsibility 7 the final two bullets should say "establish discussion of future capital projects and establish discussion of a reserve through the budget process." Upon a motion by Supervisor Dunn, seconded by Supervisor Lofton, the Board approved the 2036 vision and strategic priorities. 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 TO SCHEDULE A PUBLIC HEARING ON PROPOSED REVISIONS TO THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY — APPROVED UNDER CONSENT AGENDA The Board scheduled the public hearing for its January 11, 201.7 meeting. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on October 24, 2016 at 8:30 a.m. Members Present Gary Lofton (voting) Judith McCann - Slaughter (voting) Minute Book Number 42 Board of Supervisors Regular Meeting of 11/09/16 County ofFrederiek, Virginia Members Absent Mark Davis (liaison Middletown} Gene Fisher (voting) 14 ;� Barry Schnoor (voting) Lewis Boyer {liaison Stephens City) Gary Oates (liaison PC} James Ra,cey (voting) NONE ** *Items Requiring Action * ** ** *Items Not Requiring Aefion * ** 1. Fall Transportation Forum The Commiitee discussed the responses to date from the state elected officials for the transportation forum and directed Staff to poll the Board for their availability. The Committee also discussed several items that could be key points of discussion at the meeting. 2. Welltown Road Speed Concerns Staff began by clarifying that Mr. DeHaven had actually been contacted about Rest Church Road but noted that the system concerns remained an issue and that Welltown Road should be considered in the discussion. Staff noted that they are meeting with VDOT regarding the status of the improvements to the intersection of Welltown Road and Martinsburg Pike and also to discuss with VDOT the possibility of moving the truck restriction signs on Welltown to the north of Tyson Drive. Sheriff Millholland will be placing equipment on Rest Church Road and Welltown to gather traffre and speed data to aid the Committee in determining whether to request a formal speed study from VDOT. 3. County Projects Update Snowden Bridge Boulevard: Construction is underway and on schedule at this time. Completion is imminent. Tevis Street Extension /Airport Road/I -$1 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 nearly complete. Staff is having a teleconference regarding the TIA on 10/17. Renaissance Drive: Transportation Partnership Opportunity Fund application has been submitted which could change the project from a grade to a bridge crossing. The meeting for the consideration of the application is expected to take place shortly. 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. 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 °!0. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. Jubal 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. Minute Book Number 42 Board of Supervisors Regular Meeting of t 1/09(16 County of Frederick, Virginia 1 �+4 4. Other Mrs. McCann- Slaughter noted that she would be accompanying Staff to the Commonwealth Transportation Board forum that was held on October 24 at Blue Ridge Community College in Weyers Cave. There was also additional. discussion on strategies to plan for transportation challenges as new schools come on line including traffic plans and police presence. FINANCE COMMITTEE REPORT (JOINT MEETING WITH BOARD OF SUPERVISORSI — APPROVED DEBT MANAGEMENT GUIDELINES A Joint Finance CommitteeBoard of Supervisors meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 2, 2016 at 8:00 a.m. Member Angela Rudolph was absent. The purpose of the meeting was to discuss debt policies. Please find attached the following documents to aid in discussion: A. Summary spreadsheet, B. Finance staff recommendations, C, Davenport &Company presentation 9/14/16, D. Davenport &Company analysis of 12th Elementary School and Armel School Addition 10/18/16. Items requirin action: The committee recommends drafting policies based on the Finance staff recommendations. See attached sample. Debt Management Introduction One of the keys to sound financial management is the development of a debt policy. The need is included in both recommended practices by the Government Finance Officers Association and by bond rating agencies. Key Debt Ratio Guidelines Tax Supported 10 -year Payout Ratio should be greater than 65 %. The 10 -year payout ratio measures the amount of principal to be retired in 10 years. Debt to Assessed Value should be in a range not to exceed 0.75 % - 1.75 %. Debt Service vs. Governrllental Expenditures Ratio should be in a range not to exceed 8- 12%. Governmental expenditures represent the ongoing operating expenditures of the County and School Board. In this calculation, debt service and capital expenditures are excluded from expenditures. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the key debt ratio guidelines. 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. IJofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 11/09/16 County of Frederick, Virginia 1�J PUBLIC HEARING PUBLIC HEARING - ROPOSED CONVEYANCE TO SHENANDOAH MOBILE, LLC OF A LEASEHOLD INTEREST IN A 10,000 SQUARE FOOT (100 FEET BY 100 FEET AREA AND ANON- EXCLUSIVE EASEMENT TO REACH THAT AREA WITHIN PROPERTY OWNED BY FREDERICK COUNTY, LOCATED AT 871. TASKER ROAD TAX PARCEL NUMBER 75B -A -1, IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED County Attorney Rod Williams advised this was a proposal for a lease of 10,000 square feet of county propertyy to enable Shentel to explore the possibility of constructing a telecommunications facility. The proposed lease has an initial term of five years with seven five year renewals. Lynn Koerner, Shentel, appeared before the Board. on behalf of the lessee. He noted the company had significant need for service along Tacker Road in Stephens City. He stated if the Board saw fit to approve the lease then the company would move forward with necessary documents to obtain a conditional use permit. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board approved the lease with Shenandoah Mobile, LLC. The above motion was approved by the following recorded. vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Gene E. Fisher Robert A. Hess Gary A. Lofton Judith McCann - Slaughter Robert W. Wells Aye Aye Aye Aye Aye �.� Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #12 -16 FOR ALMA CARTER AND RONALD GARTER, SUBMITTED FOR AN OFF - PREMISE FARM MARKET. THE PROPERTY IS LOCATED AT 131 GAINESBORO ROAD, WINCHESTER, VIRIGNIA, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 29 -A -63 IN THE GAINESBORO MAGISTERIAL DISTRICT. — (RESOLUTION #036 -16) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for anoff- premise farm market, The property is zoned RA (Rural Areas) District and the adjacent properties are also zoned RA (Rural Areas) District. The Minute Book Number 42 Board of Supervisors Regular Meeting of I1/0911b County of Frederick, Virginia ��� property is located off of Gainesboro Road. Zoning Administrator Cheran noted that farm markets are permitted in the RA District with an approved conditional use permit. He noted the applicant proposed to have 10 employees to help staff the farm market. 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. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester - Frederick County Health Department for well and sewage disposal system to be utilized for this property. 4. One, non - illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing, Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved Conditional Use Permit #12 -16. WHEREAS, Conditional Use Permit #12 -16 for an Off Premise Farm Market, submitted by Alma &Ronald Carter, was considered. The Property is located. at 131 Gainesboro Road, Winchester, Virginia, immediately south of Route 522 (North Frederick Pike) and is fiirther identified with Property Identification Number 29 -A -63, in the Gainesboro Magisterial District; and, WHEREAS, the Frederick County Planning Commission held a� public hearing on the Conditional Use Permit on October 19, 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 November 9, 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 #12 -16 for an Off Premise Farm Market on the parcel identified by Property Identification Number 29 -A -63 with the following conditions: 1, All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. Minute Book Number 42 Board of Supervisors Regular Meeting of 11/09/16 County of Frederick, Virginia � 4 `�" �I 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester - Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non - illuminated, freestanding monument business sign is allowed with is Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50} square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. b. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 9th day of November, 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 #11 -16 FOR SOUTHERN HILLS, SUBMITTED BY GREENWAY ENGINEERING, INC. TO REZONE 37.79 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH REVISED PROFFERS, AND 2.56 ACRES FROM B2 (GENERAL BUSINESS) DISTRICT TO B2 GENERAL BUSINESS DISTRICT WITH REVISED PROFFERS. THE PROPERTY IS LOCATED ON THE EAST SIDE OF TOWN RUN LANE (ROUTE 1012) APPROXIMATELY 0.6 MILES SOUTH OF THE INTERSECTION WITH FAIRFAX PIKE (ROUTE 277) AND TOWN RUN LANE, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 85D- 1 -1 -95 IN THE OPEOUON MAGISTERIAL DISTRICT. — (RESOLUTION #037 -16) - APPROVED Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to revise the proffers from Rezoning Application #22 -06 for 40.36 acres to allow the construction of up to 130 single family units. The proposed request would decrease the number of units by 102 and change the housing type. The new proffer policy applies to this proposal regarding specifically attributable impacts. The total impact is $$30,630.70 or $6,389.46 per unit. She concluded by saying the Planning Commission recommended approval. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the application. Supervisor Hess asked Mr. Wyatt "did any county representatives suggest, request, or require the applicant to make any proffers for this rezoning ?" Mr. Wyatt responded "no sir, they were voluntary." Supervisor Hess asked "is it your understanding that the proffers were made freely and voluntarily without any coercion ?" Minute Book Number 42 Board of Supervisors Regular Meeting of 11 /09 /16 County of Frederick, Virginia 14� Mr. Wyatt responded "yes sir ". Supervisor Hess asked "do you believe that the proffers the applicant has proposed are reasonable and appropriate ?" Mr. Wyatt responded "we believe they are, yes sir." 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 Vice - Chairman Fisher, the Board approved Rezoning #11 -16. WHEREAS, Rezoning - #11 -16 of Southern Hills —Phase 2, submitted by Greenway Engineering, Inc., to revise the proffers from Rezoning Application #22 -06 for 40.36 acres (37.79 acres of Residential Performance and 2.57 acres of General Business zoning) to allow for the construction of up to 130 single family detached units with the proffers final revision date of October i3, 2016, was considered. The Property is located on the east side of Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike {Route 277) and Town Run Lane, and further identified with Property Identification Number 85D- 1 -1 -95 in the Opequon Magisterial Distziet; and, WIIEREAS, the Planning Commission held a public hearing on this rezoning on October 19, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 9, 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 proffers associated with rezoning #22 -06 for 40.36 acres. These amended proffers modify the housing type from single - family attached (townhouse) units to single- family detached units as well as decrease the number of units from 232 to 130 units; decreasing the total units by 102, with a final revision date of October 13, 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 9th day of November, 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 DISCUSSION — PROPOSED ORDINANCE AMENDMENT — INDOOR RECREATION IN THE Ml DISTRICT — (RESOLUTION #038 -161 -SENT Minute Book Number 42 Board of Supervisors Regular Meeting of 11109!16 County of Frederick, Virginia 1 �. FORWARD FOR PUBLIC HEARING Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to allow commercial indoor recreational uses as a conditional use in the M -1 (Light Industrial} and O -M (Office - Manufacturing) Districts. The Development Review and Regulations Committee and the Planning Commission discussed the proposed amendment and forwarded it to the Board for consideration. She coricluded by saying staff was seeking authorization to send it forward for public hearing. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board sent this proposed ordinance forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning — to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the Ml (Light Industrial) District and the OM (Office Manufacturing Park) District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 23, 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 19, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on November 9, 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 I'I' REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include the zoning ordinance requirement to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office Manufacturing Park) District. Passed this 9th day of November, 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 DISCUSSION - PROPOSED ORDINANCE AMENDMENT —MINOR SITE PLAN THRESHOLD — (RESOLUTION #039 -161 -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 to modify the standards for the .Minute Book Number 42 Board of Supervisors 12egular Meeting of 11!99/16 County of Frederick, Virginia 15� submittal of a minor site plan. The proposed amendment increases the disturbed area from 5,000 square feet to 10,000 square feet to be consistent with the state requirements For a land disturbance permit. She went on to say the Development Review and Regulations Committee and the Planning Commission reviewed the proposed amendment and sent it forward to the Board for review. She concluded by saying staff was seeking Board authorization for send this proposal forward for public hearing. Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board sent this proposed ordinance forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning — to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet, was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 23, 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 19, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on November 9, 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 Connnission 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 change the zoning ordinance requirement to increase the disturbed area to 10,000 square feet. Passed this 9th day of November, 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 3udith McCann- Slaughter Aye Robert W. Wells Aye RESOLUTION OF SUPPORT #040 -161 — SMARTSCALE APPLICATIONS — APPROVED UNDER CONSENT AGENDA WHEREAS, this resolution supports the following Frederick County SmartSeale Applications for the following projects: 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 3,17 NB 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. Minute Book Number 42 Board of Supervisors Regular Meeting of 11!09 /16 County of Frederick, Virginia 15 4. Route 277 from Double Church Road to Warrior Drive, widening and access management. S. Route 11 North, widening from Snowden Bridge Boulevard to Old Charlestown Road. 6. ,Sulphur Springs Road, reconstruction and widening from Route 50 to the Landfill. Z Intersection of Senseny Road and Crestleigh Drive, turns lanes on Senseny. 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 Papermill Road. WHEREAS, the Virginia Department of Transportation (hereafter referred to as the DEPARTMENT) has adopted procedures for evaluating and scoring projects consistent with SmartScale requirements; and WHEREAS, the DEPARTMENT has requested applications to be submitted by localities to be considered for inclusion in the DEPARTMENT'S Six -Year Improvement Program for Fiscal Years 2018 through 2023; and WHEREAS, projects will be evaluated for inclusion in the Six -Year Improvement Program through screening and scoring process to be undertaken by the DEPARTMENT; and WHEREAS, each of the projects for which. the County Frederick is applying play important roles in the County's long -range transportation plans and near term traffic safety concerns; and WHEREAS, the County of Frederick is an eligible entity to apply for transportation funding under House Bi112; NOW, THEREFORE, BE IT RESOLVED THAT the Frederick County Board of Supervisors is supportive of each of these applications for inclusion into the Six -Year Improvement Program fiscal years 2018 through 2023. ADOPTED, this 9th day of November 2016. This resolution was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Dunn stated it was his intent to have voted no on both Shawneeland Sanitary District Advisory Committee appointments based upon the merits of the process and not the merits of the individual. He asked that the minutes reflect his intent. The Board was amenable to this request. CITIZEN COMMENTS Alan Morrison, Gainesboro District, expressed appreciation to Supervisor Hess for his service as a member of the Board of Supervisors. He then reported that he attended the work session between Frederick County Public Schools and the Board of Supervisors. He stated that he liked the process, but during the meeting several red flags were raised. He noted the graphs presented took small changes and made them look dramatic He spoke about the proposed 4tn Minute Book Number 42 Board of Supervisors 12eguiar Meeting of 11!09 /16 County of Frederick, Virginia ��� high school and stated that the only option the school board presented to the Board of Supervisors was a new school at a cost of over $90 million. He concluded by saying a lot of the comparisons made tonight were inappropriate. Rath Perrine, Back Creek District, stated she was sorry to see Supervisor Hess go, but she was pleased to see that what he was doing was best for his wife and family, She reported briefly on the work of the Clowser House Committee. She concluded by wishing Supervisor Hess the best. BOARD OF SUPERVISORS COMMENTS Vice - Chairman Fisher thanked Supervisor Hess for his service and stated it was a pleasure "having you sit next to me ". Supervisor Lofton praised Supervisor Hess for his understanding of the problems that citizens go through and for his incessant and untiring work for his constituents. He concluded by saying he enjoyed working with him. best. Supervisor Wells echoed Supervisor Lofton's comments and wished Supervisor Hess the Supervisor Slaughter echoed everything that had been said. She stated that Supervisor Hess would be truly missed. She concluded by saying that one of the best parts of this group was listening to Supervisor Hess's invocations. Supervisor Dunn agreed that Supervisor Hess's prayers were thoughtful and he was sorry to see him go. Chairman DeHaven stated, on behalf of the community and Board, it was an honor to serve with Supervisor Hess and he had served with distinction. He went onto say the Board now had the task of finding a replacement and he would like to follow the process used in the past, which included an ad in The Winchester Star and posting on social media. He stated candidates would be sought for the interim appointment and the deadline to apply would be November 28, 2016 at 5 ;00 p.m. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the use of the process outlined. The above motion was approved by the following recorded vote: Charles S, DeHaven, 3r. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 11(09/16 County of Frederick, Virginia 15; Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 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. (8:18 P.M.) i a Charles S. DeHaven, Jr. Chairman, Board of Supervisors F renda G. Garton Clerk, Board of Supervisors .. °"`" Minutes Prepared By: � `'� ` L . Jay Tibbs Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Regular Meeting of 11/09/16 County of Frederick, Virginia