Loading...
HomeMy WebLinkAboutApril 26, 2005 Regular Meeting 458 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 26, 2005, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Bobby Alger, Crossroads Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised that he had no additions to the agenda. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration for the Consent Agenda: Resolution of Support Re: Shenandoah Valley Regional Water Resources Policy Committee Policy Level Strategic Plan Project - Tab F; Parks and Recreation Commission Report - Tab G Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the Consent Agenda as presented. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 459 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED The minutes from the April 13, 2005 Regular Meeting were presented. Some typographical errors were corrected. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the minutes were approved as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS RECOGNITION OF 4-H STUDENTS - RESOLUTIONS (#'s 055-05, 056-05, 057-05 AND 058-05) OF CONGRATULATIONS - APPROVED Chairman Shickle recognized the following 4-H'ers who received national recognition for their project area of shooting education: Sarah Plummer, who set national records in Sporter Air Rifle Position 10 meter - women 20 shots prone, women 20 shots kneeling, and women 20 shots standing for a total of three national records. Shawn Holley, who was recognized, in Virginia, as overall best male shooter in Smallbore 3-position rifle (50 feet) and International Air Rifle (standing). He will represent Virginia at the 2005 National Junior Olympic Men's Rifle Championships in Colorado Springs, Colorado. Zach Corder, who earned a trip to the Pistol Championships in air pistol to be held in Colorado Springs, Colorado. He scored above the required cutoff point for the nation. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 460 Ian Pitts, who earned trip to the Pistol Championships in Colorado Springs, Colorado, by earning top male air pistol shooter in Virginia. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board approved a resolution of congratulations for each of these students. RESOLUTION OF CONGRATULATIONS HONORING SARAH PLUMMER WHEREAS, Sarah Plummer received national recognition for her project in the area of shooting education; and WHEREAS, she set national records in Sporter Air Rifle Position 10 meter - Women 20 shots prone; Women 20 shots kneeling; and Women 20 shots standing for a total of 3 national records; and WHEREAS, these accomplishments are the results her of hard work and dedication to her sport. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Sarah Plummer on winning these national accolades. RESOLUTION OF CONGRATULATIONS HONORING SHAWN HOLLEY WHEREAS, Shawn Holley was recognized as the best overall male shooter in Small bore 3-Position Rifle - 50 feet and International Air Rifle Standing; and WHEREAS, he will represent the State of Virginia at the 2005 National Junior Olympic Men's Rifle Championships in Colorado Springs, Colorado; and WHEREAS, Shawn will also compete in several competitions and attend several training classes taught by current and former Olympic shooters; and WHEREAS, these accolades are the results his of hard work and dedication to his sport. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Shawn Holley on this accomplishment. RESOLUTION OF CONGRATULATIONS HONORING ZACH CORDER WHEREAS, Zach Corder scored above the national cutoff score in Air Pistol; and WHEREAS, his score entitles him to attend the Pistol Championships in Colorado Springs, Colorado; and WHEREAS, Zach will also compete in several competitions and attend several training classes while in Colorado; and WHEREAS, these accolades are the rcsults of his hard work and dedication to his sport. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Zach Corder on this accomplishment. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26105 461 RESOLUTION OF CONGRATULATIONS HONORING IAN PITTS WHEREAS, Ian Pitts earned the honor of Top Male Air Pistol Shooter in Virginia and WHEREAS, this award entitles him to attend the Pistol Championships in Colorado Springs, Colorado; and WHEREAS, Ian will also compete in several competitions and attend several training classes while in Colorado; and WHEREAS, these accolades are the results of his hard work and dedication to his sport. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Ian Pitts on this accomplishment. COMMITTEE APPOINTMENTS APPOINTMENT OF ELIZABETH FRAVEL TO SERVE AS OPEOUON DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD- APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board appointed Elizabeth Fravel to serve as Opequon District representative to the Historic Resources Advisory Board. This is a four year term, said term to expire April 26, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised that this was a request from the Commissioner of the Revenue to allow the Treasurer to refund or roll credits as needed for Millwood LLC T/a Red RoofInn. This abatement of tax is due to the sale ofthe business and adjusts the 2005 business license taxes to the correct amount for the prior owner. The new owner has been properly licensed and paid for the remainder of the 2005 year. The amount of the exoneration requested is $4,236.91. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 462 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REOUEST FROM PARKS AND RECREATION DEPARTMENT RE: RESOLUTION (#052-05) FOR GRANT APPLICATION FOR A SO/50 MATCHING GRANT FOR A SPRAY GROUND AT SHERANDO PARK - APPROVED Administrator Riley advised that on March 24, 2004, the Board of Supervisors adopted a resolution authorizing the Parks and Recreation Department to apply for a SO/50 matching grant for a Spray Ground at Sherando Park. The grant application was submitted; however, it was not approved. At the January 18,2005 Parks and Recreation Commission meeting, the Commission moved that staff reapply for a SO/50 matching grant to the Department of Conservation and Recreation to construct a spray ground at Sherando Park. The estimated cost of the project is $250,000 with the 50% match ($125,000) coming from the proffer account for Parks and Recreation. As of Friday , April 15, 2005 the County had $147,000 in the Parks and Recreation proffer account. The grant program is funded by the Land and Water Conservation Fund and based upon the direction ofthe Federal Budget at this time, this may be the last year this grant program is available. Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board approved that Resolution for a grant application for a SO/50 matching grant for a spray ground at Sherando Park. WHEREAS, the Department of Conservation and Recreation (DCR), provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within the County of Frederick to develop park land; and WHEREAS, this area is deemed of high acquisition and development priority by said Frederick County Parks and Recreation and shall be referred to as the Spray Ground Development Project. WHEREAS, in order to attain funding assistance from DCR, it is necessary that the Frederick County Parks and Recreation Department guarantee that a proportionate share ofthe cost thereof is available; and WHEREAS, the proportionate project share of$125,000 is funded by the Frederick County Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED BY THE Frederick County Parks and Recreation Department, James M. Doran, Director, is hereby authorized to cause such information Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 463 or materials as may be necessary to be provided to the Department of Conservation and Recreation (DCR) and to enter into such agreements as may be necessary to permit the formulation, approval and funding of the Spray Ground Development Project. AND BE IT FURTHER RESOLVED, the Frederick County Parks and Recreation Department gives its assurance that the funds needed as thc proportionate share of the cost of the approved program will be provided, up to $125,000. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Rccrcation Department gives its assurance that the General Provisions ofthc Land and Water Conservation Fund Act (L& WCF) and the Virginia Outdoors Fund Fiscal Procedures will be complied with in the administration of this project. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department will operate and maintain the public recreation facility in good condition and will provide permanent project acknowledgment signs ofthe participating funding agencies and that this signage will clearly state that the said facility is a "public" recreational facility. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department shall dedicate the metes and bounds of the Spray Ground properties, in perpetuity, for public outdoors recreational purposes in accordance with the Land and Water Conservation Fund (L& WCF) act. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department gives its assurance that all other applicable federal and state regulations governing such expenditure of funds will be complied with in the administration, development, and subsequent operation of this Spray Ground Development Project. AND BE IT FURTHER RESOLVED, thatthe Department of Conservation and Recreation is respectfully requested to assist in approval and funding of the Spray Ground Development Project in order to enhance the standard of public recreation enjoyment for all our citizenry. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye RESOLUTION (#053-05) OF SUPPORT RE: SHENANDOAH VALLEY REGIONAL WATER RESOURCES POLICY COMMITTEE POLICY LEVEL STRATEGIC PLAN PROJECT - APPROVED UNDER CONSENT AGENDA The following resolution was approved under the consent agenda. WHEREAS, the water resources of the Shenandoah Valley, both surface water and ground water, are primary to its character and essential for the long term economic viability of the Shenandoah Valley Counties of Augusta, Berkeley, Clarke, Frederick, Jefferson, Page, Rockingham, Shenandoah, Warren, and the cities and towns therein, and the Independent Cities of Harrison burg, Staunton, Waynesboro, and Winchester, and WHEREAS, the 1999 drought brought together localities of the Northern Shenandoah Valley Regional Commission to consider long term water supply issues, and WHEREAS, establishment of the Regional Water Resources Policy Committee by the Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 464 Northern Shenandoah Valley Regional Commission, September 19, 2002 led to invitations for upstream and downstream jurisdictions to join in the proccss to seek a plan for ground and surface water resources for the many watersheds of the Shenandoah Valley, and WHEREAS, the region matches that of the Great V alley Water Resources Science Forum, a new U.S. Geological Survey bi-state cooperative group which has scoped out a ten year water science plan to learn more about the hydro-geologic characteristics ofthe Shenandoah Valley, and WHEREAS, the Regional Water Resources Policy Committee received a grant from the Agua Fund, Inc., to conductthe Shenandoah Valley Watersheds Policy Integration Assessment, and WHEREAS~ the Assessment was designed to have three major outcomes: (I) an integrated water resources goal structure; (2) a water resources programs database aligned based on the goal structure; and (3) a Shenandoah Valley Water Resources Strategic Plan development process that the Committee could pursue, and WHEREAS, the Assessment has been completed, recommending that the Committee engage in the development of an action oriented policy-level Shenandoah Valley Water Resources Strategic Plan to determine cost-effective and workable action plans to address key issues identified during the assessment process as the first step in a continuous strategic planning process; and WHEREAS, Shenandoah Valley Pure Water Forum is taking the lead to further develop the water resources database to serve as a regional information sharing and nctwork building tool, and WHEREAS, water planning and responsibilities continue to be heaped on local governments, thus competing for scarce local resources, the proposed Shenandoah Valley Water Resources Strategic Plan approach intends to: (I) be the vehicle to help localities cost-effectively meet their individual requirements for completing state and federal planning processes, including, but not limited to the Chesapeake Bay 2000 Agreement watershed planning goal and state water supply planning requirements; (2) leverage work already being performed by and for local governments, stakeholder groups, the private sector, regional commissions, the Shenandoah Valley Pure Water Forum, and State and Federal agencies; (3) continue networking regionally in order to provide each community with more skills and manpower than they would have if they planned alone; and (4) ensure planning is based on current information and an increasing base of scientific knowledge about water resources in the Shenandoah Valley by the long term utilization of USGS and other research resources. WHERE <\S, state and federal regulations encourage regional efforts and most funders, including government agencies are focusing their financial support on regional actions, and WHEREAS, a regional group will have more political influence and regional solutions will be less likely to be modified or over-ruled by a state agency, and WHEREAS, through the "Shenandoah Valley Watersheds Policy Integration Assessment," the Committee has generated the following benefits for localities: (1) a locally developed set of integrated water resource goals applicable to localities and throughout the Shenandoah Valley; (2) a central database that lists most ofthe groups working on water issues, the kinds of projects they are working on, where they are doing their work; Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 465 (3) an undemanding ofthe data that is available today and a central database that lists the kinds of data being collected as well as who is collecting it; (4) a listing of the major regulatory issues facing local jurisdictions with regard to water; (5) feedback from important stakeholders about "keys to success" for projects like this; (6) an action oriented policy-level Water Resources Strategic Plan approach which will progress as a locally based, regionally networked Plan to ensure Shenandoah Valley water resources will not be over committed to the detriment of current and future generations; NOW, THEREFORE, BE IT RESOLVED, that Frederick County will: (1) participate in the Regional Water Resources Policy Committee, ajoint exercise of powers for strategic planning by the Central Shenandoah Planning District Commission and the Northern Shenandoah Valley Regional Commission, with participation by the West Virginia Counties of Berkeley and Jefferson, to development ofthe Assessment recommended policy-level Shenandoah Valley Water Resources Strategic Plan; (2) will appoint an elected official representative and/or an alternate elected official or appointee; (3) will appoint, assign or encourage, as appropriate, local government staff and related agency personnel to participate on technical committees related to inter-county as well as intra-county coordination; and (4) will participate in matching the $25,000 Agua grant from the Committee's work in FY 2004-05 with a base local contribution of$7,511 computed from a per capita rate of .120373 cents for the 2002 population of 62,400 for the $65,000 local share requirement ofthe $90,000 project budget, as adjusted for population, but not to exceed twenty cents per capita. FURTHER, BE IT RESOLVED, that the County commends the representatives, stakeholders, organizations and agencies who contributed to the success of the Assessment process. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on April 19, 2005. Members present were: Steven White, Charles Sandy, Robert Hartman, P. W. Hillyard, III, Victoria Keelon, Ronald Madagan, Larry Sullivan, Cheryl Swartz, Lynda Tyler. Items Requiring Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Bike Trail Plan - Mr. Sandy moved that the Commission support the draft plan for a Multi-Use Trail Network within the Urban Development Area of Frederick County, second by Mr. Hillyard, carried unanimously (8-0). 2. Budget Update - Mr. Hartman moved to recommend that $140,000 be transferred from the County reserve fund into the Parks and Recreation capital budget to install new sewer lines at Clearbrook Park, to connect to the Sanitation Authority's system, second by Mr. Sandy, carried unanimously (8-0). Note: The $140,000 does not include connection fee assessed by the Sanitation Authority. Staff is currently negotiating the connection fee with the Sanitation Authority. 3. Sherando Park Plavground Recommendation - Mr. Hartman reported the Building and Grounds Committee recommends the Commission accept the proposal submitted by Site Concepts for installation of playground equipment at Sherando Park. Recommendation unanimously accepted Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 i 466 (8-0). 4. Winter Tube Slide Update - Mr. Hartman reported the Buildings and Grounds Committee recommends the staff prepare and solicit proposals for a winter tube slide at Sherando Park. Recommendation approved 7-1; Sandy opposed. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Code & Ordinance Committee met on Monday, April II, 2005 at 3:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman ofthe committee Supervisor Gary W. Dove, Supervisor Bill M. Ewing, Stephen G. Butler, and Michael L. Bryan. Also present were Deputy Director of Public Works Joe Wilder, Bio-Solids Monitor Laura Shifflett, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. The committee submits the following: ***Items Requiring Board Action*** 1. Pronosed Amendments to Chanter 50 Biosolids. Frederick Countv Code - Approved to Forward to Public Hearin~ The Committee discussed the proposed amendments to Chapter 50 Biosolids, Frederick County Code. The proposed amendments would bring our ordinance into conformance with changes made to the State regulations. The Committee unanimously recommended approval ofthe proposed amendments to the Biosolids Ordinance and forwarded this item to the Board of Supervisors for public hearing and with a recommendation for approval. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved sending this amendment forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ***Information Only*** 1. Proposed Amendments to Chapter 79. Erosion and Sediment Control Ordinance of the Frederick County Code The Committee discussed the proposed amendments to the Erosion and Sediment Control Ordinance focusing in particular on a provision that would affect the amount of liability the owner/developer would bear for road maintenance, relative to erosion and sediment control measures, for roads in new subdivisions, which have not been accepted into the VDOT secondary road system The Committee expressed concern about imposing vicarious liability on a developer and how this proposal would be enforced. After further discussion, Committee unanimously recommended approval of the proposed amendments, subject to final review of subsection 17 - Vehicular Sediment Tracking, with the Chairman to report back his findings back to the Committee. Vice-Chairman Dove recommended that this item be tabled in order to receive a legal review Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 467 of the proposal. The Board consensus was to seek legal review of this proposed amendment. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 20, 2005 at 8:00 a.m. Items 3, 4, 5, 6, 7 and 8 were approved under consent agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved items 3, 4,5,6, 7, and 8 under the consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 1. he Sheriff requests approval for three additional cellular phones for the Drug Task Force. See attached memo, p. I. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $24.015.06. This amount represents the department's proceeds from a Sheriff's sale of department vehicles. It is requested that this amount be appropriated into Repair and Maintenance - Vehic1e. No additional local funds are needed. See attached memo, p. 2. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of Minute Book Nnmber 30 Board of Supervisors Regular Meeting of 04/26/05 468 $2.400.75. This amount represents donations to the department, donations to DARE and reimbursement for DARE t-shirts. It is requested that this amount be appropriated to Drug Program and Police Supplies. No additional local funds are needed. See attached memo, p. 3-7. The committee recommends approval. - Approved Under Consent Agenda. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $3.598.67. This amount represents the department's share in a recent forfeiture case. It is requested that this amount be appropriated to Forfeited Property. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. - Approved Under Consent Agenda. 5. The Department ofJuvenile Justice requests a General Fund supplemental appropriation in the amount of$4.896. This amount represents unspent grant funds that need to be returned to the state. No additional local funds are needed. See attached memo, p. 9-12. The committee recommends approval. - Approved Under Consent Agenda. 6. The Department of Juvenile Justice requests a General Fund supplemental appropriation in the amount of $6.177. The amount represents state grant funds. No additional local funds are needed. See attached memo, p. 13. The committee recommends approval. - Approved Under Consent Agenda. 7. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of$37.837.52. This amount represents an extension of the contract for the NetTech Center for the remaining three months of the current fiscal year. Federal funds are reimbursed to the eounty for this expenditure. No additional local funds are needed. See attached memo, p. 14-15. The committee recommends approval. - Approved Under Consent Agenda. 8. The Regional Jail Administrator requests a Jail Fund supplemental appropriation in the amount of$6.791. This amount represents an overpayment of grant funds received that need to be returned to the state. No additional local funds are needed. See attached memo, p. 16-17. The committee recommends approval. - Approved Under Consent Agenda. 9. The Regional Jail Administrator requests approval of an additional pager for the Home Electronic Monitoring officer. See attached memo, p. 18. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 10. Attached is information requested at last month's meeting regarding firefighter overtime. See attached information, p. 19-50. The committee requested that the county look at those employees with the highest overtime to identify patterns and locations. The committee also requested that the County Administrator work with the Fire and Rescue Association for a report at next month's meeting regarding overtime. - Information Only. 11. Discussion is requested on school categorical funding. The committee recommends the school transfers amounts be set at $20,000 per individual transfer and an aggregate $50,000 limit. - Approved. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board approved Miunte Book Number 30 Board of Supervisors Rcgnlar Meeting of 04/26/05 L~69 the above request. Supervisor Van Osten stated that the $20,000 individual transfer limit was reasonable, but the $50,000 aggregate limit was not. She advised that in 2004 there were 23 requests over $5,000 with six of those exceeding $20,000. In the current fiscal year, 2005, there were 16 requests over $5,000 with five of those exceeding $20,000. She went on to say that she believed this process would be cumbersome for the school board and was not in their best interest. She advised that she would support increasing the aggregate limit to $100,000, but she could not support this proposal in its current form. Supervisor Forrester echoed Supervisor Van Osten's remarks. Supervisor Ewing stated that he stands behind the recommendation from the Finance Committee. Supervisor Tyler asked Frederick County Public Schools' Finance Director Lisa Frye how many times this type of process would have impacted the school Finance Committee. Director Frye responded that the Finance Committee would have been before the County Finance Committee and the Board five times. She went on to say that if the school Finance Committee was lucky they could receive transfer approval within four weeks, but it would more likely take six to eight weeks. There being no further discussion regarding this issue, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Nay 12. The Finance Committee discussed the intent on reviewing the school year-end surplus with consideration given to fund agreed upon capital items up to $500,000. Committee members Forrester opposed this intent. Supervisor Ewing moved that it was the Board's intent, upon review ofthe school's year-end surplus, to re-appropriate up to $500,000 for capital projects. The motion was seconded by Vice- Chairman Dove. Supervisor Van Osten stated that she supported allowing these monies to be used for capital Minute Book Nnmber 30 Board of Supervisors Regnlar Meeting of 04/26/05 470 projects. Supervisor Forrester stated that she was concerned about the sum. She felt it should be a sum plus a percentage above that amount, if the goal of this action was to encourage saving by the school board. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda 1. Tyler Nay Barbara E. Van Osten Aye 13. Lord Fairfax Community College requested a General Fund supplemental appropriation in the amount of $417.000. This amount is needed for site development assistance for the new Workforce Development Center. Additional local funds are necessary. See attached memo, p. 51- 55. This item will be considered next fiscal year after the county knows the FY 2005 year-end status. ***For Information Only*** 1. Attached is a letter from the County Administrator and a response by Richard Bell ofthe Industrial Park Association. Mr. Bell will be present at the meeting to discuss his concerns. See attached letters, p. 56-57. This item was not discussed since Mr. Bell was not in attendance. 2. Attached is information requested during the budget process regarding the Virginia Cooperative Extension. See attached memo, p. 58-61. 3. The Finance Director provided a report on fund balance. See attached, p. 62. PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST FOR JUDY A. BEATY - THE SPIRIT LIVES ON/STILL THE ONE MUSICAL FESTIVAL AT WINCHESTER SPEEDWAY. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS: SECTION 86-3 Co PERMIT REOUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SUNDAY, JULY 17, 2005, FROM 10:00 A.M. TO 7:00 P.M. ON THE GROUNDS OF THE WINCHESTER SPEEDWAY, 950 AIRPORT ROAD, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JUDY A. BEATY OF CENTREVILLE, VIRGINIA, OWNER AND PRESIDENT OF WINCHESTER SPEEDWAY. - DECISION POSTPONED UNTIL MAY 11, 2005 MEETING Administrator Riley reviewed this application. He advised that the event would take place on Sunday, July 17,2005 from 10:00 a.m - 7:00 p.m. There will be 3,000 tickets sold. Children under 18 must be accompanied by a parent or guardian. There will be no alcohol permitted on site. Ms. Judy Beaty, President and part owner of Winchester Speedway, appeared before the Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 471 Board on behalf of this application. She advised that the festival was being held to pay for improvements at the track. She concluded by saying that she was trying to make the track a better place to visit. Chairman Shickle convened the public hearing. Billie Kelly appeared before the Board representing the other owner of the Winchester Speedway. She strongly urged the Board to deny this application or at least defer action until the co-owners have an opportunity to consult with legal counsel. She stated that Ms. Beaty was making this application without the consent of the other 50% owner. She stated that Ms. Beaty was portraying herself as the sole owner of the speedway, which was not accurate. She concluded by saying that she was concerned about the proposed number of people who might attend this event and the amount of available parking. There being no further public comments, Chairman Shickle closed the public hearing. Ms. Beaty stated that she was a 50% owner ofthe speedway and that the other owner did not want to do anything with the speedway. Supervisor Fisher asked ifthere was a possibility for a compromise. Ms. Beaty stated that the other owners want things to stay as is. Supervisor Forrester asked ifthe Board could issue a permit based on only 50% ownership. Administrator Riley recommended that the Board postpone action on this application until the next board meeting, in order that legal counsel could look at the ownership dispute and determine if the Board can act on this item. He went on to say that staff would look at the parking concerns as well. Chairman Shickle urged both sides to cooperate with staff. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board postponed this item until the May 11, 2005 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 PUBLIC HEARING- SOLICIT PUBLIC COMMENT ON THE DECLARATION OF SURPLUS PROPERTY. THE PROPERTY TO BE CONSIDERED IS LOCATED IN THE SHA WNEELAND SANITARY DISTRICT. THE PROPERTY CONSISTS OF 376 LOTS. ALL LOTS ARE APPROXIMA TEL Y ONE-HALF ACRE (PLUS OR MINUS) IN SIZE AND ARE NOT LOCATED IN ONE SPECIFIC AREA OF THE SUBDIVISION. A MAP DISCLOSING THE LOCATIONS OF THE LOTS IN OUESTION WILL BE AVAILABLE AT THE FREDERICK COUNTY PUBLIC WORKS DEPARTMENT FOR REVIEW PRIOR TO THE DATE OF ADVERTISED PUBLIC HEARING. - APPROVED Administrator Riley advised that this was a public hearing to solicit public comments on the declaration of surplus property in the Shawneeland Sanitary District consisting of 376 lots. He advised that all of the lots are )/2 acre, more or less, in size. Administrator Riley went on to say that if the property was declared surplus then the lots would be put up for competitive sale with the Board seeing the disposition of the lot purchases; however, if the Board wants to utilize a sealed bid process they could do that as well. Chairman Shickle stated that he had concerns over the method of disposition. Administrator Riley suggested that the Board postpone action on this item. Deputy Director of Public Works Joe Wilder advised that staff had received a request from an auction service and had also discussed the possibility of using a sealed bid process. He believed that an auction would generate the most revenue for the sanitary district. Chairman Shickle stated that he would disagree with that statement. Supervisor Tyler advised that the Public Works Committee had not formally made a recommendation to the Board regarding a disposal option. Supervisor Forrester asked Deputy Director Wilder if the Public Works Department had heard from anyone within the District. Deputy Director Wilder responded that the lots were shown on a map in the Public Works Department, but no one has come by to look at them. Supervisor Ewing stated that he did not have a problem declaring the property surplus, but he felt the disposition should come back to the Board. Chairman Shickle convened the public hearing. Peggy Ann Livermore, Back Creek District and Shawneeland resident, addressed the Board regarding this issue. She questioned the Board's process and the need to dispose of this surplus property, as the value has greatly increased. She asked why the Sanitary District board could not Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 Ld3 be in the real estate business and sell the property to meet the financial needs of the District. She believed there were viable alternatives to what was being proposed. She asked if an auction was in the best interest of the District and what the plans are for the future financial needs of the District. She concluded by urging the Board to look at other alternatives. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board declared the 376 lots located in the Shawneeland Sanitary District to be surplus property with the method of disposition of said property to be brought back to the Board for approval. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE TOWN OF STEPHENS CITY AND THE COUNTY OF FREDERICK TO SOLICIT PUBLIC COMMENT ON THE PROPOSED VOLUNTARY SETTLEMENT AGREEMENT WHICH INCLUDES PHASED AREAS TO BE ANNEXED. THE SETTLEMENT AGREEMENT. AUTHORIZED BY SECTION 15.2-3400 OF THE CODE OF VIRGINIA. PROVIDES (i) FOR THE ANNEXATION OF CERTAIN TERRITORY OF THE COUNTY TO THE TOWN. (m FOR THE DEVELOPMENT OF THE ANNEXATION AREAS IN ACCORDANCE WITH A JOINTLY APPROVED LAND USE PLAN. (Hi) FOR THE GRANT OF IMMUNITY TO THE COUNTY FROM ANNEXATION FORA PERIOD OF 15 YEARS. AND (iv) FOR THE TRANSFER OF CERTAIN CASH PROFFERS RECEIVED BY THE TOWN TO THE COUNTY. - APPROVED Administrator Riley advised that this Settlement Agreement, authorized by Section 15.2- 3400 ofthe Code of Virginia, provides (i) for the annexation of certain territory of the County to the Town, (ii) for the development of the annexation areas in accordance with a jointly approvcd land use plan, (iii) for the grant of immunity to the County from annexation for a period of 15 years, and (iv) for the transfer of certain cash proffers received by the Town to the County. The Town and the County presented a Voluntary Settlement Agreement to the Commission on Local Government, which conducted a hearing as required by law and which issued its findings and recommendations in a report dated January 2005. The major provisions of the Settlement Agreement include: 1) Phase I Annexation. The boundaries of the Town shall be modified on the first day of the Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 ! 4"( 4 second calendar month after entry of a final order approving the Settlement Agreement by annexing to the Town certain territory described as Phase I Annexation Arcas, which consists of three separate tracts which are depicted on a survey plat attached to the Settlement Agreement. Area A lies generally to thc north of the existing Town boundaries and to the west ofInterstate 81 and contains approximately 255 acres. Arca B lies generally southwest ofthe existing Town boundaries and contains approximately 100 acres. Area C lies between the existing boundaries ofthe Town and the western right-of-way ofInterstate 81 and contains approximately 5 acres. 2) Town Service Within Phase I Annexation Area. On the effective date of the Phase I Annexation, the Town shall extend its municipal services on the same basis and at the same level as services now are provided to areas within the Town's current corporate limits. Within two years following the effective date of the Phase I Annexation, the Town shall initiate construction of a sewage collection systcm to serve the West Fairfax Street area within 7 years following the effective date of the Phase I Annexation provided certain financial grants are obtained. 3) Deannexation. The boundaries of the Town also shall be modified by the deannexation of a parcel of approximately 17.7 acres lying in the northwest part of the Town, south of State Route 648. The deannexation shall take effect on the first date ofthe second calendar month after entry of the final court order. 4) Phase II Annexation. The Town may annex by ordinance, after the effective date of the Settlement Agreement, additional territory lying generally to the south ofthe existing Town limits and to the west ofInterstate 81, as shown on the survey plat attached to the Settlement Agreement. Such territory contains approximately 350 acres. At its option, the Town may annex (i) those tax parcels which are developed at the time it proposcd annexation, (ii) those tax parcels for which the County has issued a building permit for construction, and (iii) those tax parcels whose owners have requested annexation. When 60% of the total acres in the Phase 11 Annexation Area have developed, the Town may annex all remaining parcels of property within the Phase II Annexation Area. The Settlement Agreement also prescribes the steps the Town must follow prior to adopting an ordinance annexing any such parcel, including an advertised public hearing. 5) Town Service Within Phase II Annexation Area. On the effective date of any Phase 11 Annexation, the Town shall extend its municipal services on the same basis and at the same level as services now are provided to areas within the Town's current corporate limits. 6) Waiver of Annexation Rights. For a period of 15 years following the effective date of the Phase I Annexation, the Town will waive its right to seek annexation of any County territory except th~ Phase II Annexation Area. In the event property owners or voters initiate an annexation action, the Town will not support any such proceeding and, ifrequested by the County, will oppose such proceedings. 7) Development in Accordance with Joint Land Use Plan. The Settlement Agreement includes a future land use plan and map (the "Joint Land Use Plan"), which depicts the types ofland uses that the Town and County have agreed are thc most appropriate for the Phase I and Phase II Annexation Areas. The Town shall adopt interim zoning classifications for properties annexed into the Town as specified in the Settlement Agreement and thereafter shall rezone properties only to districts that "substantially conform" to the Joint Land Use Plan. The Town shall follow the Joint Land Use Plan until 60% of the total acres in Phase I and Phase II Annexation Areas have developed. At that time, all land use decisions will be within the Town's sole authority. 8) Protection of Agricultural Properties. Following the effective date of the Phase I Annexation, the Town shall adopt a program of use value assessment for properties devoted to agricultural, horticultural, forest, and open space uses. The Town also shall amend its zoning ordinance to establish an agricultural zoning district that is substantially similar to Minute Book Number 30 Board of Supervisors Regnlar Meeting of 04/26/05 475 the County's agricultural district. Any actions by the Town rezoning properties in the Phase I or Phase II Annexation Areas to the agricultural district must substantially conform to the Joint Land Use Plan. 9) Cash Proffers. The Town shall pay to the County certain cash proffers paid by landowners in connection with a rezoning. Where proffers are made in connection with a rezoning in the Phase I or Phase II Annexation Areas, the Town will transfer to the County all payments in the following categories: ( a) 100% of proffers specifically designated by the applicant for school, fire, or rescue facilities, and (b) 40% of all proffers designated for any other capital facilities. However, the Town will not be required to pay to the County any portion of a cash proffer designated for a project that will be the sole obligation of the Town to construct or develop. Likewise, the Town will pay the County the entire amount of any cash proffer designated for a project that will be the sole obligation ofthe County to construct or develop. 10) Court Approval. The Town and the County shall promptly take steps required by Virginia law to obtain approval of the Settlement Agreement by a special court constituted for that purpose. Ifthe Settlement Agreement is not affirmed without modification, the Settlement Agreement shall immediately terminate unless the Town and the County expressly agree to recommend modifications. 11) Miscellaneous Provisions. The Settlement Agreement also contains provisions relating to the process by which the Settlement Agreement may be amended or supplemented in the future, the binding effect of the Settlement Agreement on future governing bodies of the Town and the County and any successor to the Town of the County, and the enforcement of the terms and conditions ofthe Settlement Agreement. Chairman Shickle convened the public hearing. There were no public comments Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the Ordinance to Adopt a Voluntary Settlement Agreement Establishing the Rights of the Town of Stephens City and Frederick County as Set Forth Under the Ternls of Such Agreement, Pursuant to Section 15.2-3400 of the Code of Virginia, and Authorizing the Frederick County Administrator to Take the Necessary Action to Have Such Agreement Approved by a Special Three- Judge Court Pursuant to Section 15.2-3400 of the Virginia Code. WHEREAS, in April and March, 2004, respectively, the Town of Stephens City ("Town") and the County of Frederick ("County") approved a Voluntary Settlement Agreement which constituted a voluntary settlement authorized by Section 15.2-3400 of the Code of Virginia; and WHEREAS, in September 2004, the Town and the County presented the Voluntary Settlement Agreement to the Commission on Local Government (the "Commission"), which conducted a hearing as required by law and which issued its findings and recommendations in a Report dated January 2005; and WHEREAS, Section 15.2-3400 ofthe Code of Virginia, requires the Town and the County subsequent to the Commission's review, to approve the original or a modified Voluntary Settlement Agreement ("Settlement Agreement") by an ordinance passed by a recorded vote of a majority of the mcmbers of each governing body after a duly advertised public hearing on the Settlement Agreement, and thereafter to petition the Circuit Court of Frederick County for an order affirming Minute Book Number 30 Board of Supervisors Regular Meetiug of 04/26/05 476 the Settlement Agreement and establishing the rights of the localities under the terms of the Settlement Agreement; and WHEREAS, the Town and the County now propose to enter into a modified Settlement Agreement which provides (i) for the annexation of certain territory of the County to the Town, (ii) for the development ofthe annexation areas in accordance with ajointly approved land use plan, (iii) for the grant of immunity to the County from annexation for a period of 15 years, and (iv) for the transfer of certain cash proffers received by the Town to the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, THAT: 1. The Board, by this Ordinance, approves and adopts the Settlement Agreement, a copy of which is attached hereto as Exhibit A, and hereby authorizes and directs its Chair to execute the Settlement Agreement on behalf ofthe County. 2. The Board hereby authorizes the County Administrator, and its special legal counsel, to take all action necessary pursuant to Section 15.2-3400 of the Code of Virginia, to obtain a Court order affirming and validating the Settlement Agreement and establishing the rights of each locality as set forth under the terms of the Settlement Agreement. 3. This Ordinance shall be in full force and effect on the date of its adoption. Supervisor Ewing stated that he hoped this was the last motion the Board would have to make on this issue. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye The Board took a five-minute recess to allow Chairman Shickle to sign thc necessary documents relative to this agreement. Chairman Shickle reconvened the meeting. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #02-05 OF HORIZON HOLDIl\GS. LLC FOR A LANDSCAPE BUSINESS. THIS PROPERTY IS LOCATED AT 3636 FRONT ROYAL PIKE (ROUTE 522) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 87-A-88 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Planning Tcchnician Patrick Sowers appeared before the Board regarding this application. He advised that this was a request for a conditional use permit for a Landscaping Contracting Business. The property is zoned RA (Rural Areas) District and is located in the Shawnee District. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 477 There would be no retail sales on site. There were no negative review agency comments. The Planning Commission recommended approval with the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. No members of the general public will be allowed on site. 3. No more than six employees, four business vehicles, and two trailers shall be allowed on site as part of this conditional use permit. 4. Screening consisting of a six foot opaque fence shall screen all materials and vehicles from adjacent properties. 5. No sale of nursery stock will be allowed on site. 6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four- sided opaque fenced area or disposed off site. 7. Any expansion or change of use, including any increase in thc number of employees or equipment will require a new conditional use permit and an engineered site plan. 8. Only one sign shall be permitted on site; the sign shall not exceed four square feet in area, per Section 165-30(H)2 of the Frederick County Zoning Ordinance. Supervisor Fisher asked if run-off would be a violation of this conditional use permit. Technician Sowers responded no, not as the conditions are currently spelled out. Supervisor Forrester stated that she would like to see that specified as a condition. Jerry Fletcher, applicant, appeared before the Board. He advised that there would be minimal use of this site and that his business focused primarily on erosion control. Chairman Shickle convened the public hearing. John Good, Stonewall District, spoke in support ofthis application. He stated that drainage on the site would follow natural contours to an existing pond. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Fisher stated that he had one issue relative to this application and desired to add a ninth condition, which specified no fertilizer would be stored on site. Mr. Fletcher responded that his company did not use fertilizer; therefore, it would not be a problem. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #02-05 with the addition of condition 9, which states that no fertilizer storage would be permitted on site. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meetiug of 04/26/05 .4'(8 Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #03-05 FOR NORTH STEPHENSON. INC.. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 79.13 ACRES FROM RA (RURAL AREAS) DISTRICT TO M1 (LIGHT INDUSTRIAL) DISTRICT. THESE PROPERTIES FRONT ON THE EAST SIDE OF MARTINSBURG PIKE (ROUTE 11 NORTH) JUST NORTH OF THE INTERSTATE 81 EXIT 317 NORTHBOUND OFF -RAMP. AND IS IMMEDIATELY NORTHEAST OF REDBUD ROAD (ROUTE 661). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 43-A-150: 43-A-151: 43-A-151A: 43A-152: 43C-3-2: 43C-3-3: 43C- 3-4: 43C-3-4A: 43C-3-5: AND 43C-3-7A. IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this application. He advised that this was a request to rezone 79.13 acres from RA (Rural Areas) District and RP (Residential Performance) District to MI (Light Industrial) District with proffers. The proposal would permit the development oftrucking and light industrial with a proffered maximum of 800,000 square feet of floor area. All ofthe Ml uses are allowed. The parcel is located within the Urban Development Area, Sewer and Water Service Area, and the Northeast Land Use Plan. The proposed uses are consistent with the policies of the Northeast Land Use Plan. Route II has been identified as a future four-lane road. A new major collector road has been identified from Route 11 IS intersection with the Rutherford Farm Industrial Park through the Stephenson's Village project to Old Charles Town Road. Deputy Director Ruddy stated that the coordination ofthe relationship and commitments between the Stephenson Village project and the North Stephenson, Inc. rezoning should be clarified, The traffic impact analysis suggests that a signalized intersection at Route 11 and the new major collector road would function at a level of service D, assuming full build out of 800,000 square feet. With regard to the relocation of Redbud Road, the applicant has proffered to dedicate a 50 foot right-of-way through their property. The County should determine if they wish to follow this approach or an alternative that would call for the design and construction of these improvements during the first phase of industrial development on this property. The fiscal impact of this project is a net positive. Thc applicant has proffered a monetary contribution of$O.Ol per square foot of structural development for a maximum of $8,000.00 to mitigate impacts to fire and rescue. A generalized development plan has not been proffered for this site. The applicant has Minute Book Nnmber 30 Board of Snpervisors Regular Meeting of 04/26/05 479 proffered to prohibit the placement of freestanding and building mounted signs facing the eastern propcrty line. Deputy Director Ruddy stated that the application is generally consistent with the Comprehensive Plan; however, elements ofthe application should be carefully evaluated to see that they address elements ofthe plan. During the Planning Commission's review, questions were raised about the proposed transportation improvements and the coordination of the three projects. They also felt that the right-of-way for the proposed spine road should be greater than 50 feet. The Planning Commission recommended approval of this proposed rezoning. Supervisor Forrester asked ifthe $8,000 proffer for fire and rescue off-set the added services. Deputy Director Ruddy responded that the fiscal impact model for this project shows a net positive. Supervisor Forrester referenced the Planning Commission comments regarding a generalized site plan showing the combined road networks for the three projects. She asked if all three developers have assured the County that these improvements will be triggered when needed. Deputy Director Ruddy responded this issue is not clarified in the proffer statement. Superviscr Van Osten cited the letter from Attorney Bob Mitchell and asked if all of the outstanding issued had been satisfactorily addressed. Deputy Director Ruddy responded that staff would ensure that they are addressed. Supervisor Fisher stated that he was concerned about the transportation issues because there was no clear delineation of "who does what". Supervisor Van Osten echoed Supervisor Fisher's concerns and stated that she had some uneasiness as well. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant. He advised that the applicant was before the Board last year with a six acre rezoning on this property, but was told that the Board wanted to see an application that accounted for the entire parcel. The applicant has spent a lot of time with VDOT working through the proffer statement because they wanted to make sure VDOT was comfortable with the proffers and the way they were worded. Mr. Wyatt went on to say that VDOT has signed off on the road improvement plan submitted by Greenway. He then reviewed some of the transportation issues: Dual left turn lanes would be simultaneously installed on Route 11. The installation would be coordinated with the Rutherford Farm project. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 480 Construction of a right turn lane. All three properties would participate in the signalization of the area. Mr. Wyatt explained that VDOT felt the improvement trigger should be vehicle trips per day. He concluded by saying that these were sufficient triggers as to when VDOT would see the improvements completed. Chairnlan Shickle asked VDOT Resident Engineer Jerry Copp ifVDOT was satisfied with the transportation triggers. Engineer Copp responded that he thought things could happen when needed. He went on to say that VDOT would look at the traffic impact analysis throughout the site plan process. Supervisor Tyler asked about the relocated Redbud Road. She believed the 50 foot right-of- way was sufficient for a two lane road. Engineer Copp stated that VDOT was looking at this improvement as a two lane road. Supervisor Van Osten stated that she had some concerns about VDOT and the County telling the applicant when to do these improvements. Engineer Copp stated the VDOT's concern was how to pull all ofthis together, but advised that it was not solcly VDOT's role, but rather a partnership between VDOT and the County. Chairman Shickle convened the public hearing. John Good, Stonewall District, spoke in favor ofthis application. He advised that Shockey and the Omps family have worked together for decades and there were agreements in place between these two parties regarding what each was going to do. He concluded by urging the Board to support this application. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Ewing advised that he had been contacted by Mr. William Sandy who expressed his opposition to this proposal. Mr. Wyatt informed the Board that the existing residential houses would remain for the short-term. With regard to corridor appearance, the applicant intends to do something at the master plan stage, but has not proffered these improvements. Supervisor Tyler asked about screening and buffers. Deputy Director Ruddy responded that the applicant would have to provide the highest level Minule Book Number 30 Board of Supervisors Regular Meeting of 04/26105 481 required for residential uses. Supervisor Tyler asked if this issue would be addressed at the master development plan stage. Deputy Director Ruddy responded yes and that the ordinance requirements would apply. Supervisor Tyler stated that Mr. Sandy would like to have screening from the project. Supervisor Forrester asked if the applicant could proffer improvements to address the corridor appearance based on future development. Deputy Director Ruddy advised that the Board must confirm what will happen at the master development plan stage during the rezoning process. Supervisor Tyler asked what was the best way to address this issue. Deputy Director Ruddy responded that the applicant could do this as a proffer tonight. Mr. Wyatt advised that the applieant would address the eorridor appearance at the master development plan stage and they did not have a problem with the added comments/proffer. Director Lawrence stated that if the applicant was agreeable to this item then it could be proffered. Mr. Wyatt stated that the applicant would amend the proffer statement to specify that the applicant would address the corridor appearance at the master development plan review. Supervisor Tyler thanked the Omps family and Greenway Engineering for their work on this project. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved Rezoning Application #03-05, North Stephenson, Inc., with the added proffer stating that the applicant would address the corridor appearance at master development plan review. WHEREAS, Rezoning #03-05 for North Stephenson, Inc., was submitted by Greenway Engineering to rezone 79.13 acres from RA (Rural Areas) District to M I (Light Industrial) District. These properties front on the east side of Martinsburg Pike (Route 11 North), just north of the Interstate 81 Exit 317 northbound off-ramp, immediately northeast of Redbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINs) 43-A-150, 43-A-151, 43-A-151A, 43-A-152, 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43C-3-5, and 43C-3-7 A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2005; and Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 482 WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis 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 change 79.13 acres from RA (Rural Areas) District to MI (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Supervisor Fisher stated that the last proffer was not specific and that an agreement between private parties mean nothing the to the County. "We can't hang our hat on them." He went on to say that he liked the proposal probably would support the application. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - 2005-2010 AGRICULTURAL AND FORESTAL DISTRICT UPDATE. THIS PUBLIC HEARING IS TO CONSIDER THE RENEWAL OF THE SOUTH FREDERICK DISTRICT. AND THE DOUBLE CHURCH ROAD DISTRICT. THE RENEWAL OF THESE DISTRICTS WILL ESTABLISH A TOTAL OF 6.216 ACRES WITHIN THE AGRICULTURAL AND FORESTAL DISTRICT PROGRAM FOR THE ENSUING FIVE YEAR PERIOD. PROPERTIES THAT ARE INCORPORATED INTO AN AGRICULTURAL AND FORESTAL DISTRICT ARE GUARANTEED CERTAIN PROTECTIONS AS SPECIFIED IN SECTION 15.2-4300 OF THE CODE OF VIRGINIA - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that the South Frederick Agricultural and Forestal District was established in 1980 and has been renewed four times, most recently in May 200. The Double Church Road and Refuge Church Road Districts were established in 1995 and renewed in 2002. These districts are renewed every five years and tonight the Board would renew the South Frederick and Double Church Road Districts. Director Lawrence presented a list of properties and property owners who had signed up to participate in the program. The Agricultural District Advisory Committee considered these district renewals during their March 29, 2005 meeting. The Planning Commission considered this renewal on April 20, 2005 and recommended approval. Chairman Shickle questioned whether the Board action taken this evening would be valid, Minute Book Numbel' 30 Board of Supervisors Regular Meeting of 04/26/05 483 as the acreage specified on the agenda and the acreage specified in the staff report were different. Administrator Riley recommended that the Board action define the acreage specified in the staff report. Assistant County Administrator Tierney advised that the accuracy ofthe parcel numbers and the owners was the most important piece of information. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board adopted the South Frederick Agricultural and Forestal District (6,053 Y2 acres) and the Double Church Road Agricultural and Forestal District (924 Y2 acres) based on the membership indicated. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165: ZONING: ARTICLE VI. RP RESIDENTIAL PERFORMANCE DISTRICT: SECTION 63C. OPEN SPACE REQUIREMENTS. THIS PROPOSED AMENDMENT WOULD ENABLE A REDUCTION IN THE REQUIRED OPEN SPACE WHEN ENHANCED RECREATION IMPROVEMENTS ARE PROVIDED - APPROVED Director Lawrence appeared before the Board regarding this item. He advised that this ordinance amendment has been considered by the County for the past nine months. This is a proposal to allow a developer to reduce the amount of required open space in exchange for increased amenities. In order to get credit under this proposal a developer would have to install $100,000 in recreational amenities. Maximum reduction amounts would be: 50% reduction for single family detached units (excluding single family small lots). 25% reduction for all other residential housing types. This proposal would not permit an increase in a maximum density because of ordinance and proffer limits. He concluded by saying that staff has worked with Greenway Engineering on this proposal. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 484 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chairman Shickle asked why the County would give up open space in order to raise the ante for recreational amenities. He went on to say he was not sure why we have to do this. Director Lawrence stated that this amendment was proposing an incentive. He went on to say that this was a waiver that would be granted by the Board, ifthey felt the request was reasonable. Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved the Ordinance to amend the Frederick County Code, Chapter 165, Zoning; Article VI, RP Residential Performance District; Section 63C, Open Space Requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article VI, RP Residential Performance District, Section 165-63, Open Space Requirements, establishing an open space reduction waiver in the RP (Residential Performance) Zoning District. This amendment was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on September 23, 2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI, RP Residential Performance District, Section 165-63, Open Space Requirements, is amended to add Section l65-63D to include an open space reduction waiver in the RP (Residential Performance) Zoning District, as well as an open space definition to Section 165-156. This amendment is amendcd as dcscribed on the attachment. 165-63 Open Space Requirements 165-63D The minimum required open space percentages provided in Section 165-63A of this Chapter may be reduced for rcsidential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the rcquired open space (per Section 165-63A) be reduced more than 50 percent for single family detached housing types (excluding single family small lot), and no more than 25 percent for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space, and be for the use of and maintained by the subject development's Property Owner's Association. The activc rccreational areas and amenity value shall be equivalcnt to the value of four recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall bc approved by the Subdivision Minute Book Number 30 Board of Supervisors Regular Meetiug of 04/26/05 485 Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in Section 165-64. The gross density requirements as required in Section 165-62 & 62.1 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance ofthe reduced open space request will be based on the quality of the open space and the recreational amenities provided. 144-2 & 165-156 Definitions COMMON OPEN SPACE - Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenanee, and is protected to ensure that it remains in such uses, unless utilized under the provisions of Section l65-63A of the Chapter. Supervisor Ewing stated that he believed the Board could accomplish the same thing through proffers. There being no further discussion, the above motion was approved by the following recorded votc: Richard C. Shickle Nay Gary W. Dove Aye Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #06-05 OF MEADOWS EDGE (FORMERLY THE RACEY TRACT) - APPROVED. Planner II Candice Perkins appeared before the Board regarding this plan. She advised that the rezoning was approved in July 2004. The property is accessed by Town Run Lane. The proposed connection to Woodside Estates would have traffic calming measures. She concluded by saying that the applicant's representative was present to answer any questions. Bryan Condie, Centex Homes, appeared before the Board on behalf of this plan. He stated that he believed this project was a success for the County. Superviscr Ewing asked if the issue of road access to Scothom Farm had been resolved. Mr. Condie responded not yet. He advised that Centex had not received a formal request from the Scothom's. He went on to say that if it is permitted by the Board then Centex would extend public utilities to the two residences on the Scothom and Young properties. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 486 authorizing staff to utilize the administrative approval process for this plan. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Chairman Shickle stated that this was one ofthe cleaner plan to come through this process. He commended the applicant for the clarity and detail of their work. MEMORANDUM AND RESOLUTION (#054-05) RE: EXTENSION OF WATER AND SEWER OUTSIDE OF POLICY BOUNDARIES - SCOTHORN AND YOUNG PROPERTIES - APPROVED Supervisor Ewing advised that he had been approached by the Young's and the Scothom's regarding the extension of water and sewer service outside of the urban development area. He stated that he would like to see this request forwarded to the Comprehensive Plans and Programs Subcommittee for study and a recommendation. Administrator Riley advised that because this request did not involve the extension ofa water and/or sewer main he believed the Board could deal with it this evening. Director Lawrence stated that if the Board was inclined to approve this request then they could approve. He advised that the Young property was questionable, but the Scothom property would need definite approval. He went on to say that he did not believe this would be precedent setting as this was a unique situation. He concluded by saying that the lines would be sized to serve the two existing houses and staff would work with the Frederick County Sanitation Authority to accommodate this request. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the extension of utility lines to serve the two existing residences on the Young and Scothom properties with residential service. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Nay Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 487 Barbara E. Van Osten Aye BUFFER DISTANCE WAIVER REOUEST - OLD MASSEY STORE - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this request. He advised that this was a request on behalf of David Hicks, owner of the Old Massey Store, by Greenway Engineering for a buffer distance waiver of Frederick County Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-37D(I)(a), Buffer and Screening Requirements, to allow for reduction of the distance requirements of the zoning district buffer requirements. This proposed waiver will not alter the office setback lines or change the proffered illustrative. This proposed waiver is only from the buffer distance requirement of the zoning ordinance. Zoning Administrator Cheran advised that the waiver would not change the building footprint proffered on the master development plan. The Planning Commission recommended approval of this request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthis request. He advised that the applicant had worked with adjoining property owners and this proposed waiver would permit the parking lot to encroach farther into the buffer area. Mr. Wyatt advised that an owner consent form had been executed and if this request is approved tonight then that document would be recorded in the County land records. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved the buffer distance waiver request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye DISCUSSION OF REZONING AND MASTER DEVELOPMENT PLAN PROCESSES - ACTION POSTPONED FOR 30 DAYS Director Lawrence appeared before the Board on behalf of this item. He advised that under the current ordinance an applicant could proffer a generalized development plan or a master development plan as part ofthe rezoning process. This would permit the Board to approve both the rezoning and the master development plan simultaneously. He went on to say that any change Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 488 would be a policy decision and therefore would not require an amendment to the zoning ordinance. Chairman Shickle stated the he had received positive feedback regarding this proposal. Vice-Chairman Dove moved that the Board consider approval of a rezoning application and a master development plan at the same meeting. Administrator Riley cautioned the Board by saying that he was not sure that a "one size fits all" solution was appropriate. He stated that the developers would not only expend money for the rezoning process, but would also spend money preparing a master development plan for a rezoning that mayor may not get approved. Supervisor Van Osten stated that the current step by step process allows more public disclosure. She stated that she was not ready to decide on this issue this evening and she would like to get input from the development community. Vice-Chairman Dove withdrew his motion. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board postponed action on this topic for 30 days in order to receive input from the development community. Supervisor Tyler asked staff to put the pros and cons of this process in writing for distribution to the Board. She went on to say that she liked the idea of approving the master development plans under the consent agenda. Assistant Administrator Tierney suggested that the Board provide staff with their likes and dislikes regarding the current process. Director Lawrence stated that staff would do a memo to the development community requesting feedback on this proposal. Supervisor Fisher stated that there needed to be some differentiation between projects in this process. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 489 Barbara E. Van Osten Aye BOARD LIAISON REPORTS METROPOLITAN PLANNING ORGANIZATION (MPO) STATUS REPORT - APPROVED RESOLUTION (#059-05) RECOMMENDING ROUTE 37. BETWEEN ROUTE 7 NORTHWEST TO 1-81. BE REINSTATED IN THE 2030 VISION PLAN Administrator Riley advised that the Winchester-Frederick County Metropolitan Planning Organization (Win-Fred MPO) continues to develop a 2030 long range transportation plan for the Winchester-Frederick County area. This draft plan is continuously modified to identify the most appropriate long-range transportation network for the Winchester-Frederick County area. The 2030 Vision Plan will be adopted in September 2005 and forwarded to the Federal Highway Administration by October 1,2005. The final version will be presented to the Board of Supervisors for their adoption in August or September 2005. Administrator Riley went on to say that concerns have been voiced regarding how the local governing bodies of Frederick County, the City of Winchester, and the Town of Stephens City might more actively participate in the development of this Vision Plan. He advised that efforts would be made by the MPO staff to incorporate each locality's conccrns and suggestions. It is envisioned that the Board would have an opportunity to offer comments and possibly consider resolutions applicable to the significant milestones in the development of the 2030 Vision Plan. Administrator Riley went on to say that the Win-Fred MPO met on Wednesday, April 20, 2005 and considered the following items: I. Approved the FY 2006 Unified Planning Work Program, which leads the Win-Fred MPO's transportation planning efforts in the next fiscal year. MPO staff will utilize the approved work program to seek the necessary funding grants. 2. Considered comments offered during a Citizen Information Meeting held April 14, 2005. 3. Modified the draft 2030 Vision Plan to reflect the following changes: a. Inclusion of an interchange on Route 37 at Jubal Early Drive extended. b. Inclusion of improvements associated with a Jubal Early Drive/Millwood Avenue flyover. These improvements would be adjacent to 1-81 Exit 313 c. Removal ofa segment of Route 37, from Route 7 northwest to 1-81; Inclusion of an improved six-lane Route 7 roadway; and d. Inclusion of the existing WMC interchange on Route 37. The Win-Fred MPO did net include an expanded or complete interchange, but supports maintaining the existing configuration which limits access to the East side of Route 37. 4. Considered the drafted Top 5 Regional Priorities. The projects on the draft Vision Plan were prioritized by the members ofthe MPO Policy Committee and the MPO Technical Minute Book Number 30 Board of Supervisors Regnlar Meeting of 04/26/05 490 Advisory Committee. The priorities were not adopted. 5. Considered the Constrained Long-Range Plan (CLRP). The CLRP, once adopted, will be the list ofprojects for which funding is sought. The CLRP would also be forwarded to VDOT for consideration during the state's Six-Year Transportation Improvement Plan (STIP). Chairman Shickle stated that the concerns expressed in the memo were his concerns. He believed that the concerns, comments, etc. ofthe local governing bodies need to be integrated into this vision plan. He went on to say, with regard to the top five regional priorities, the Board needed to get on top of this issue and he asked the members to prioritize their top five priorities. This was being done to ensure some sense of continuity in the County's position. He concluded by saying that he was very uncomfortable with the project to date and asked for the Board's rcaction. Vice-Chairman Dove stated that the Board needed to adopt a resolution and send it to the MPO advising that Route 37, in its entirety, needs to be included in the plan. He went on to say that this Board wants this road built. Vice-Chairman Dove moved to adopt a resolution recommending that Route 37, from Route 7 northwest to 1-81, be put back in the 2030 Vision Plan. The motion was seconded by Supervisor Ewing. WHEREAS, the Win-Fred MPO, on April 20, 2005, voted to remove a segment of Route 37, from Route 7 northwest to 1-81, from the draft 2030 Vision Plan; and WHEREAS, the Frederick County Comprchensive Policy Plan and Eastern Road Plan recognize the need for and completion of this segment of Route 37. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby recommends to the Win-Fred MPO that the segment of Route 37, from Route 7 northwest to 1-81, be reinstated as part of the 2030 Vision Plan. Supervisor Forrester stated that she would like to have the appendix that went with the Route 37 EIS submitted to the Board for their information. She stated that a lot of development has occurred in the proposed 37 corridor in the last 15 years, which would impact the road's proposed location. She stated that the Route 37 EIS needs to be updated to reflect what is there now. Director Lawrence advised that there were drawings in the County's Comprehensive Plan and Eastern Road Plan, which show the proposed location. Supervisor Forrester stated that she wanted something that would show people exactly where this route would go. Chairman Shickle asked Director Lawrence ifthe County's Comprehensive Plan and Eastern Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 491 Road Plan would be the pertinent documents to reference. Director Lawrence responded yes because they are the County's planning documents. Supervisor Ewing stated that he could not understand how a by-pass could be constructed and then stopped before making a complete 100p. He advised that he was disappointed that the completion of Route 37 had been removed from the 2030 Vision Plan. Supervisor Van Osten stated that the vision plan looks long range. There is a need to complete Route 37, but a decision on the type of road would come later in the process. She stated that she supports, conceptually, the completion of Route 37. Chairman Shickle advised that taking Route 37 out ofthe Vision Plan makes it ineligible for federal funds. Supervisor Fisher stated that he did not know what the MPO' s focus was, but Route 37 needs to stay in the Vis:on Plan. Supervisor Tyler stated that looking at a pencil line in the Comprehensive Plan was not the same as looking at plans for a road. She stated that at the Technical Committee level there was discussion that no harm would be done by taking Route 37 out of the Vision Plan. She explained that the reason it was pulled was because it does not relieve congestion on Route 7. She went on to say that the current EIS is over three years old. Chairman Shickle asked Supervisor Tyler why she had not led an effort to amend the County's Road Plan. Supervisor Tyler responded that she did not have the support on the Board. Chairman Shickle asked why the MPO was the proper forum to take this action when the Board approves of the Route 37 project. He went on to say that when development occurs in that area, it must take into account the construction of this roadway. Administrator Riley advised that the development is approved by staff and it has been limited along the proposed Route 37 corridor. There being no further discussion, the Board approved the resolution recommending Route 37 be included in the 2030 Vision Plan by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Aye Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 492 Gina A. Forrester Nay Lynda 1. Tyler Nay Barbara E. Van Osten Aye Vice-Chairman Dove asked why the Board's MPO representative did not represent the Board. He stated that the current representative should be removed. Supervisor Ewing stated that he supported Vice-Chairman Dove's remarks. Supervisor Fisher stated that he was disappointed that the Board's representative did not represent the Board. Supervisor Forrester stated that she supported Supervisor Tyler. Supervisor Tyler stated that she thought a divergence of opinion was important, especially when dealing with federal money. Supervisor Van Osten stated that she did not support Supervisor's Tyler views, but felt that it was not appropriate to get into this discussion this evening because of the late hour and the emotional charge of this issue. Administrator Riley stated that he would be willing to step down from the MPO if the Board felt the need to appoint another elected official. Chairman Shickle stated that he would bring back a thoughtful response at the next meeting. Chairman Shickle again asked the Board to prioritize their top five regional priorities from I being most critical and five being least. Supervisor Van Osten stated that she believed we all benefit from divergent opinions and that is what makes this Board strong and makes its policies stronger. With regard to item D in Mr. Riley's report, Supervisor Van Osten asked why the MPO recommended that it not be included, but rather that it be maintained in its existing manner. Administrator Riley responded by saying that the Committee knew this project had no chance with the Commonwealth Transportation Board for a full blown interchange. Winchester Medical Center will pay to put in an east/west connector for internal traffic flow on their property. Chai rman Shickle stated that he would ultimately like to get the Board to look at items Band D. CITIZEN COMMENTS BOARD OF SUPERVISORS COMMENTS Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 1+93 Vice-Chairman Dove reported that the Overtime Committee will make a report at the next Finance Committee meeting. He also addressed the Stephens City Fire Chief regarding his letter about fee for service. A Volunteer Summit will be held at the Shenandoah University Health Professions Building on June 11 & 12,2005. Supervisor Forrester stated, with regard to Route 37< that she does not have a problem with a road, but she has a problem with the reality of how that translates to where it is going to go. She went on to say that if someone could show her where the road actually be would be built in her district today, she would welcome that information, as that would be helpful to her and her objections. Supervisor Fisher reported that the Frederick County Sanitation Authority approved an increase in availability fees for water and sewer. He also reported that the Shenandoah project is under construction. Supervisor Tylerreported that the Parks and Recreation Commission looked at the draft bike trail plan. She believed this item should move forward for inclusion in the Comprehensive Plan. She went on to say that she was disappointed that the Board wants to strip her of something that she has worked hard on for the last three years. She stated that her opinions regarding Route 37 are based in science. Supervisor Tyler stated that the Board had to get serious about what it could build. She concluded by asking when the Board would help her and Supervisor Forrester address concerns in their districts. Supervisor Forrester thanked stafffor all of their work this evening. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (10:35 P.M.) , \LJL-Q ~ Richard C. Shickle Chairman, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05 494 Minutes Prepared By: (-b lOG I. U Jay E""JTiij"s Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 04/26/05