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HomeMy WebLinkAboutApril 25 2018 Regular Meeting Minutes356 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 25, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout; and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Michael T. Ruddy, Director of Planning and Development; Mark Cheran, Zoning & Subdivision Administrator; Wendy May, Economic Development Authority representative; Jason Robertson, Director of Parks and Recreation; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Mr. Tierney advised that he had one change to the agenda in that staff received a request from Carmeuse to postpone their rezoning application. Upon motion of Vice Chairman Lofton, seconded by Supervisor Wells, the agenda was adopted as amended on a voice vote with the postponement for four weeks of the continued public hearing for Rezoning 405-17 for O-N Minerals (Chemstone). ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the consent agenda was adopted on a voice vote. -Minutes: Budget Work Session of April 9, 2018 -CONSENT AGENDA APPROVAL -Minutes: Meeting of April 11, 2018 -CONSENT AGENDA APPROVAL -Parks and Recreation Committee Report (Appendix 1) - CONSENT AGENDA APPROVAL -Finance Committee Report (Appendix 2) - CONSENT AGENDA APPROVAL - Summer & Holiday Board Meeting Schedule - CONSENT AGENDA APPROVAL Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 357 -Road Resolution — Fieldstone Section II -CONSENT AGENDA APPROVAL Project/Subdivision Fieldstone Section II Type Change to the Secondary System of State Highways: Addition WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. VDOT Form AM-4.3 From: Route 1554, Charming Drive Recordation Reference: Instr. 060020551 Pg 0600 Right of Way width (feet) = 56' To: 0.16 mile south of Route 1554, Charming Drive, a distance of: 0.16 miles. + + + + + + + + + + + + -Resolution of Appreciation for Louis F. Dusin>_ -CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION LOUIS F. DUSING WHEREAS, Louis F. Dusing served Frederick County, Virginia, for approximately 28 years as an employee at the Northwestern Regional Adult Detention Center; and WHEREAS, Louis F. Dusing began his career as a Correctional Officer in 1990 and received promotions to Correctional Officer II in 1995, Correctional Officer III in 1996, and Sergeant in 2001; and WHEREAS, during his tenure, Louis F. Dusing was known for his strong work ethic, his commitment to the facility, his professionalism, and his positive attitude, and was recognized as an expert in the areas ofpolicy, jail standards, and overall best practices; and WHEREAS, Louis F. Dusing was a diligent and hard worker who as the Accreditation Sergeant contributed to the 100% compliance rating on many occasions and was nominated and chosen as Employee of the Quarter for the fourth quarter of 2013, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Louis F. Dusing for his dedication and professionalism and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ++++++++++-i . -Resolution Honoring the 2018 VHSL Class 4 State Champion Millbrook High School Pioneers Girls' Basketball Team -CONSENT AGENDA APPROVAL RESOLUTION HONORING THE 2018 VHSL CLASS 4 STATE CHAMPION MILLBROOK HIGH SCHOOL PIONEERS GIRLS' BASKETBALL TEAM WHEREAS, Millbrook High School opened its doors in 2003; and WHEREAS, during the ensuing fifteen years, its athletic teams have quickly become some of the best in the District and the State; and WHEREAS, the Millbrook High School Girls' Basketball Team achieved the pinnacle of greatness by completing an undefeated season, with a record of 28-0, and winning the 2018 VHSL Class 4 State Championship; and WHEREAS, Coach Erick Green, his staff, and the Millbrook High School Girls' Basketball team represented this community with distinction and honor throughout the State Basketball Tournament; and WHEREAS, this team achieved this honor through a combination of hard work, sweat, tears, and true sportsmanship, which has brought favorable recognition upon themselves, their school, and their Minute Book Number 43 Board or Supervisors Regular Meeting or04/25/18 County of Frederick, Virginia umb community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2018 Millbrook High School Girls' Basketball Team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. .....+++++++ CITIZEN COMMENTS -None BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: PRESENTATION BY FLAGS OF VALOR Wendy May of the Frederick County Economic Development Authority introduced Mike Taylor with Flags of Valor. Mr. Taylor said his company recently expanded with a location in Frederick County and employs combat veterans to manufacture its products. Mr. Taylor presented a wooden American flag to the citizens of Frederick County, Chairman DeHaven and the Board accepted the flag with thanks on behalf of the County's citizens. COMMITTEE APPOINTMENTS Supervisor Dunn said he wished to nominate Ryan Shaw to the Social Services Board as the Red Bud District Representative. Chairman Dehaven noted the Board policy requiring applications to be included in the agenda packet prior to nomination and asked that the motion be held until the next Board meeting. CARL RUSH RE -APPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD -APPROVED Supervisor Trout moved to reappoint Carl Rush to the Historic Resources Advisory Board as the Shawnee District representative for a four-year term ending May 22, 2022. Supervisor Wells seconded the motion which carried on a voice vote. PUBLIC HEARING SET FOR PETITION FOR MOUNTAIN FALLS PARK TO BECOME A SANITARY DISTRICT- APPROVED Mr. Tierney provided background information for the request saying that State code provides for sanitary districts as a mechanism to fund infrastructure and maintenance in a specific geographic area with the property owners being assessed a fee. Mr. Tierney said that the two current County sanitary districts, Shawneeland and Lake Holiday, were formed at a time when the residents petitioned the Circuit Court. He continued saying that State Code has changed, and now the petition comes to the Board of Supervisors which is then required to hold a public hearing on the matter. Mr. Tierney said the four criteria specified by the Code to be used in determining the creation of a sanitary district are whether it is necessary, practical, fiscally Minute Book Number 43 Board of Supervisors Regular Meeting of O4/25/18 County of Frederick, Virginia 359 responsible, and supported by 50% of the residents. Mr. Tierney said the Board's options after holding a public hearing are: either to create or not create the district; task staff with further exploring the matter; or task the residents with providing more information on what they wish the sanitary district to do. He said the petition with 63 signatures is not specific in its request for services. Mr. Tierney said there are 2000 lots in the Mountain Falls subdivision with 1200 property owners and 500 homes. He said that staff recommends that the Board hold a public hearing at the first meeting in June to gather more information about the desires of the residents before deciding on the next step in the process. Vice Chairman Lofton moved that the Board set a public hearing for the June 13 Board meeting. Supervisor Wells seconded the motion. The Board and staff discussed the timing of the hearing and the process following the public hearing. The motion to set the public hearing carried on a voice vote. REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Mr. Tierney explained there were two requests for refunds that have been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and corresponding supplemental appropriations for the refund request by Rolling Frito Lay Sales, L.P. for $2,778.70 and by Essroc Ready Mix Corp. for $3,114.63. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ++++++....++ COMMITTEE BUSINESS PARKS AND RECREATION COMMISSION RESOLUTION AUTHORIZING PRESERVING OPEN SPACE AT FREDERICK HEIGHTS PARK - APPROVED Supervisor Dunn moved for approval of the Resolution Authorizing Preserving Open Space at Frederick Heights Park. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye AUTHORIZING PRESERVING OPEN SPACE AT FREDERICK HEIGHTS PARK WHEREAS, the Frederick County Parks and Recreation department is installing a parking area and half -mule paved trail at Frederick Heights Park; and WHEREAS, Stormwater Management Regulations require Water Quality Control measures to mitigate phosphorus runoff in the Park; and WHEREAS, dedicating 2,03 acres of Frederick Heights Park as Preserved Open Space, as depicted on the Plat entitled "Preservation Area on the land of Frederick County Parks & Recreation, Tax Parcel 54-A-124A" dated March 19, 2018 and prepared by Christopher G. Blau, licensed land surveyor, Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia � will satisfy the Water Quality Control requirements; and WHEREAS, the Parks and Recreation Commission unanimously recommends placing the aforementioned 2.03 acres of Frederick Heights Park into Preserved Open Space to satisfy Water Quality Control requirements; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby designates 2.03 acres of Frederick Heights Park property as Preserved Open Space on behalf of the County, as depicted on the Plat entitled "Preservation Area on the land of Frederick County Parks & Recreation, Tax Parcel 54- A-124A" dated March 19, 2018 and prepared by Christopher G. Blair of Greenway Engineering, The Frederick County Board of Supervisors hereby authorizes staff to cause the aforementioned plat to be filed among the land records in the office of the Clerk of the Circuit Court for Frederick County, Virginia. + + + + + + + + + + + . SET PUBLIC HEARING FOR FREDERICK WATER EASEMENT - APPROVED Jason Robertson, Director of Parks and Recreation, provided background on the need for the easement for Frederick Water to serve a recently installed fire hydrant in Sherando Park. Upon motion by Vice Chairman Lofton, seconded by Supervisor Dunn, the Board set a public hearing on the Frederick Water Easement at Sherando Park on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye FINANCE COMMITTEE Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye SUPPLEMENTAL APPROPRIATIONS RECOMMENDED BY THE FINANCE COMMITTEE - APPROVED Supervisor Slaughter moved for approval of the Sheriff's requests for a General Fund supplemental appropriation in the amount of $12,723.94 for prisoner extradition mileage reimbursements, and a General Fund supplemental appropriation in the amount of $27,941.25 for reimbursement for four (4) auto insurance claims. Supervisor Dunn seconded the motions which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the Sheriffs request for a General Fund supplemental appropriation in the amount of $32,287.50 which represents unbudgeted revenue received for local traffic control. Supervisor Wells seconded the motions which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter said the Finance Committee recommended denial of the Sheriff's request for a General Fund budget transfer in the amount of $100,000 for the purchase of an armor vehicle for the Tactical Team representing funds expected to be unspent for the current year which are budgeted for health insurance. Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 361 Supervisor Slaughter moved for approval of a request from the Winchester Regional Airport Executive Director for a FYI Airport Capital Fund supplemental appropriation in the amount of $705,000, adding this amount represents the Airport Capital budget for FYI 9. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the request from the Parks & Recreation Director for a General Fund supplemental appropriation in the amount of $20,000 which represents a donation from McKee Foods Corporation for the installation of the Frederick Heights Trail. Supervisor Wells seconded the motion which carried on a roil call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Supervisor Slaughter moved for approval of the request from the Voter Registrar for a General Fund supplemental appropriation in the amount of $43,603.70 which represents funds needed for the June primary elections. Supervisor Wells seconded the motion. Supervisor Lofton noted he would pay homage to former Supervisor, and now Delegate, Christopher Collins and vote no on the request. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Slaughter moved for approval of the request from the Finance Department for a General Fund supplemental appropriation in the amount of $2,527.72 which represents Winter Storm Jonas 2016 reimbursement from VDEM for the Middletown, Clearbrook, Gainesboro, and North Mountain Fire & Rescue companies. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dnnn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Dunn thanked McKee Foods for their generous donation saying the County is greatly appreciative. + + + + + + + + + + + + PUBLIC HEARINGS (Non -Planning Issues) OUTDOOR FESTIVAL PERMIT REQUEST OF MESO CRESO — NOMADICO - APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; for an Outdoor Festival Permit. Festival to be Held on Friday, June 8, 2018, from 12: 00 Noon to Monday, June 11, 2018, 12: 00 Noon on the Grounds of Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 362 the Cove Campground, 980 Cove Road, Gore, Virginia in the Back Creek Magisterial District, Property Owned by Alexander W K McDowell and McDowell Family, LLC. Mr. Tierney explained the request for the Outdoor Festival Permit. The Board and the applicants discussed the timeframe for the outdoor music. The Applicant said music will be played from 4:00 p.m. until midnight. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing, Vice Chairman Lofton moved for approval of the permit. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ..... .... + + PLANNING COMMISSION BUSINESS Public Hearings REZONING #05-17 FOR O-N MINERAL (CHEMSTONE) d/bla Carmeuse Lime & Stone. CONTINUED PUBLIC HEARING FROM March 14.2018 - POSTPONED Submitted by Lawson and Silek PLC., to Amend the Proffers for this Property; Rezoning 394,2 Acres from the EM (Extractive Manufacturing) District with Proffers to the EM (Extractive Manufacturing) District with Revised Proffers. The Properties are Situated Generally West of the Town of Middletown. Specifically, the Middle Marsh Property is Located East of Belle View Lane (Route 758), and West and Adjacent to Hites Road (Route 625) and is Further Traversed by Chapel Road (Route 627). The Northern Reserve is Bounded to the South by Cedar Creek and is West and Adjacent to Meadow Mills Road (Route 624). The Properties are Identified with Property Identification Numbers 83-A-109 and 90-A-23 in the Back Creek Magisterial District. This item was postponed for four weeks on motion to amend/adopt the agenda at the beginning of the meeting. ..... ..... + CONDITIONAL USE PERMIT #02-18 FOR ALISHA FEL NER— APPROVED Submitted for a Cottage Occupation for a Nail Salon. The Property is Located at 464 Layside Drive, Winchester, Virginia and is Identified with Property Identification Number 5I-A-129 in the Back Creek Magisterial District. Mark Cheran, Zoning & Subdivision Administrator, said the request is for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single- family detached structure. He said the use would be operated from one room in the basement of the dwelling. He said this proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Mr. Cheran said that should the Board of Supervisors find this use appropriate, the Planning Commission recommends the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 363 The Applicant, Alisha Feltner, said she wished to scale back her current business and work out of her home, seeing one client at a time. She said her business is exclusive to her existing clients and is not open to the public. She said she respects the concerns about privacy noted by her neighbors, saying her clients will respect the privacy and safety of the neighborhood. The Board and the Applicant discussed disposal of chemicals used in the nail business and the likelihood of the number of clients increasing. Ms. Feltner assured the Board that she uses a natural process and will not be placing chemicals in her septic system. She reiterated that she intends to keep her business limited to no more than eight clients per week. Chairman DeHaven opened the public hearing. The speakers were as follows: John Ingman, Back Creek District, said he is concerned that if the CUP is granted, other businesses will want to open in the subdivision. He said the covenants state the subdivision's lots are for residential purposes only and the Planning Commission should not have the right to violate the HOA covenants. Lisa Creamer, Back Creek District, said the HOA covenants state the subdivision's lots are for residential purposes only and the Applicant's request has been handled inappropriately. She said the neighborhood is a private subdivision allowing no trespassing and that all the residents should have been notified about the Applicant's request. Jennifer LaFollette, Back Creek District, asked the Board to consider four factors: precedent- traffic generating businesses have never been allowed in the subdivision; intent- the covenants state one single family dwelling per lot is allowed indicating the intent is for residences only; impact - eight customers per week will mean many non-residents affecting the neighborhood; and enforceability - the HOA will have no way to monitor whether the conditions are being complied with. Laura Sperling, Back Creek District, quoted a neighbor who said no one protects the roads except the residents and having a occupant open a nail shop is unacceptable for privacy in the neighborhood. She said her property adjoins the Applicant's lot and she spends much time outside. She cited concerns about malodorous chemicals used in the nail salon business. Stacy Frye, Back Creek District, said she agreed with the Planning Commissioner who stated the need to vote on how the request affects the County and not according to the covenants which are private. She referenced concerns about privacy saying that the neighborhood is already used by outsiders traveling through the area. Ms. Frye said the Applicant has a few clients she will invite to her home and whom she knows and trusts. She asked the Board not to decline the request. Bettina Eutsler, Back Creek District, said the covenants state the subdivision's lots are for residential purposes only. She said the Applicant is not the property owner, and if one business is approved it opens the door to others coming in. Julie Zuckerman, disagreed with an earlier speaker saying she has never seen outsiders using the subdivision's roads. She said approving the CUP opens the door for other businesses, adding that the seclusion of the neighborhood makes the residents sitting ducks. She said most residents are opposed to the business starting, and she is concerned about a precedent being set. Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 364 David Hershey, Back Creek District, said he has lived in the subdivision 45 years and the residents never thought a CUP for a business could happen. He said his biggest concern is the precedent being set. Elton Hinson, Back Creek District, requested that the Board delay a decision until the HOA meets to resolve the issue. Laura Clark, Back Creek District, said she has never asked the County for money for snow removal or road maintenance. She said was asking the Board to deny the CUP request. Lisa Creamer, Back Creek District, concluded her earlier remarks saying the neighborhood maintains the roads. She asked the Board to deny the CUP request or delay the decision until after the HOA meets on May 12. Alisha Feltner, the Applicant, said that she is the home owner and her name is on the deed. Chairman DeHaven closed the public hearing. Vice Chairman Lofton said he appreciates both sides of the issue. He asked the County Attorney which entity would have precedence if the Board granted the CUP and the HOA covenants prohibited the use. County Attorney Williams explained that the zoning ordinance is additional regulation that comes after the covenants. He said County action granting the CUP in no way supersedes or violates the covenants, and the CUP has no impact on the covenants. Vice Chairman Lofton moved to approve the Conditional Use Permit #02-18 for Alisha Feltner with the conditions recommended by the Planning Commission. He noted that granting the CUP will allow the residents and the HOA to determine the appropriateness of the use. Supervisor Trout seconded the motion. Supervisor Dunn asked Mr. Cheran if the disposal of the nail care products had been addressed. Mr. Cheran said the Health Department has determined there will be no adverse effects from the home business. Supervisor Slaughter asked about the practice of granting conditional use permits to owners rather than applicants. Mr. Cheran noted that the CUP stays with the property, and said the application includes a limited power of attorney document as a standard practice when the owner and applicant are not the same. Deputy County Administrator Tibbs noted that the County's property records show the Applicant, Ms. Feltner, as the owner of the property named in the CUP request. Supervisor Wells said he understands both sides of the issue and thinks that it is sad that the County must make a decision possibly leading to the HOA having to deal with the situation legally. Supervisor Dunn said he understand the concerns but does not think the number of clients will cause an impact, and the issue concerns property rights of a homeowner wishing to start a business. The motion to approve the CUP carried as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25118 County of Frederick, Virginia 365 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann -Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER (Nail Salon, Home Occupation) WHEREAS, Conditional Use Permit #02-18 for a cottage occupation for an in -home nail salon, submitted by Alisha Feltner was considered. The Property is located at 464 Layside Drive, Winchester, Virginia and is further identified with Property Identification 51-A-129, in the Back Creed Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 4, 2018, and recommended approval of the Conditional Use Permit; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 25, 2018; 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 #02-18 for a cottage occupation for an in -home nail salon on the parcel identified by Property Identification 51-A-129 with the following conditions: 1. All review agency comments and requirements shall be complied with at all tunes. 2. No siguage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to'4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit .... ..... + + Other Planning Business — None BOARD LIAISON REPORTS — None CITIZEN COMMENTS Ethel Nichols, Back Creek District, thanked the Board for consideration of the request by the Mountain halls Park subdivision to become a sanitary district. She said the Board of Governors of the subdivision lacks the skill set to manage the subdivisions. She said 38% of the residents pay dues and over $800,000 in outstanding dues is owed. Ms. Nichols said many residents are apathetic and frequently do not comply with the rules and by-laws. She asked the Board to consider seriously the request for Mountain Falls Park to become a sanitary district. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton invited all to enjoy the upcoming Apple Blossom Festival. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 8:18 p.m. Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 366 BOS Minutes of Apri[ 25, 2018 - Appendix 1 MEMO To: Jay Tibbs, Deputy County Administrator for Human Services From: Jason L. Robertson, Director, Parks & Recreation Dept. Subject: Parks and Recreation Commission Action Date: April 11, 2018 The Parks and Recreation Commission met on April 10, 2018. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., Amy Strosnider, and Robert Wells (Board of Supervisors' Non- Voting Liaison). Members absent: None Items Requiring Board of Supervisors Action: 1, Buildings & Grounds Committee — Frederick Water Easement Sherando Park - The Buildings and Grounds Committee recommended approval of the Frederick Water easement request for the Sherando Park Fire Hydrant Line as submitted, second by Mr. Sandy, motion carried unanimously (8-0). Please find attached a copy of the Frederick Water Deed of Easement. Public hearing is needed to grant this easement. Submitted for Board Information Only: 1. Buildings & Grounds Committee — Park Rules - Raffles — The Buildings and Grounds Committee recommended changing the park rules as follows "Gambling or betting is not permitted on park property. Bingo's or raffles may be held at the discretion of the Director and are limited to the area secured by the renter. Solicitation to other park patrons will not be permitted. Contact 540-665-5678 for further details and to obtain a Vendor Permit Application.", second by Mr. Sandy, motion carried unanimously (8-0). cc: Randy Carter, Chairman Robert Wells, Board of Supervisors' Non -Voting Liaison Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 367 BOS Minutes of April 25, 2018 - Appendix 2 TO: Board of Supervisors FROM: Finance Committee DATE: April 18, 2018 SUBJECT; Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 18, 2018 at 8:00 a.m. Member Jeff Boppe and non -voting liaison William Orndoff were absent. (a Items 1 and 2 were approved under consent agenda. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $12,723.94. This amount represents prisoner extradition mileage reimbursements. No local funds required. See attached memos, p. 3 — 6. 2. ( The Sheriff requests a General Fund supplemental appropriation in the amount of $27,941.25. This amount represents reimbursement for four (4) auto insurance claims. No local funds required. See attached memos, p. 7 — 14, 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $32287.50. This amount represents unbudgeted revenue received for local traffic control. No local funds required. See attached memo, p. 15 — 17. The committee recommends approval. 4. The Sheriff requests a General Fund budget transfer in the amount of $100,000 for the purchase of an armor vehicle for the Tactical Team. This amount represents funds expected to be unspent for the current year which are budgeted for health insurance. See attached memo, p. 18, The committee recommends denial. 5. The Winchester Regional Airport Executive Director requests an FY19 Airport Capital Fund supplemental appropriation in the amount of $705 000 This amount represents the Airport Capital budget for FYI 9. See attached information, p. 19 — 25. The committee recommends approval. 6. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents a donation from McKee Foods Corporation for the installation of the Frederick Heights Trail. No local funds required. See attached memo, p. 26. The committee recommends approval. 7. The Voter Registrar requests a General Fund supplemental appropriation in the amount of $43. 003.70. This amount represents funds needed for the June primary elections. Local funds are required. See attached memo, p. 27 — 28. The committee recommends approval. 8. The Finance Department requests a General Fund supplemental appropriation in the amount of $2.5 77.72. This amount represents Winter Storm Jonas 2016 reimbursement from VDEM for Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 363 Middletown, Clearbrook, Gainesboro, and North Mountain Fire & Rescue companies. No local funds required. See attached information, p. 29. The committee recommends approval. INFORMATION ONLY I The Finance Director provides a Fund 10 Transfer Report for March 2018. See attached, p. 30, 2. The Finance Director provides financial statements ending March 31, 2018. See attached, p. 31 — 41. 3. The Finance Director provides an FY 2018 Fund Balance Report ending April 12, 2018. See attached, p. 42. Respectfully submitted, FINANCE COMMITTEE Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph By Cheryl B. Shiffler, Finance Director Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia 369 Charles S. DeHaven, Jr. Chairman, Board of Supervisors Minutes Prepared By: Ann W. Ph> ips Kris C Tierne Clerk, oard of ervisors Deputy Clerk, Board of Supervisors Minute Book Number 43 Board of Supervisors Regular Meeting of 04/25/18 County of Frederick, Virginia