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July 9, 2003 Regular Meeting 001 A Regular Meeting of the Frederick County Board of Supervisors was held on July 9, 2003 at 5:45 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shick1e; Robert M. Sager; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler. ABSENT Supervisor Margaret B. Douglas, out of town on planned vacation. Supervisor W. Harrington Smith, Jr., out oftown for funeral. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the Board retired into Closed Session in accordance with the Code a/Virginia, 1950, as amended, Section 2.2-3711, Subsection A (1) and (7) to discuss Personnel and Legal matters. The above motion was approved by the following recorded vote: Richard C. Shick1e - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shick1e - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the Board Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 00 reconvened into Regular Session and certified nothing other than what was noted as reason for going into Closed Session was discussed. The above motion was approved by the following recorded vote: Richard C. Shick1e - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye INVOCATION Supervisor Sager delivered the invocation in absence of the minister. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised he had nothing to add. Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the agenda was adopted as presented by the following recorded vote: Richard C. Shick1e - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye CONSENT AGENDA Administrator Riley suggested the following Tabs for approval under consent: 1. Adoption of the Rules of Procedure Regarding Requests Made Pursuant to the Public- Private Education Facilities and Infrastructure Act of2002 - Tab F; 2. Resolution Re: Addition to the CFFW Regional Jail Under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) - Tab G; (Supervisor Forrester requested to have this pulled from the Consent Agenda for discussion.) 3. Resolution Re: Requalification ofthe Northern Shenandoah Valley Regional Partnership Act - Tab H; 4. Resolution in Support of the French and Indian War Foundation in their efforts to raise public Awareness - Tab J. Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, the Consent Agenda was approved, as amended, by the following recorded vote: Richard C. Shick1e - Aye Robert M. Sager - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 003 Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye CITIZEN COMMENTS Steve Chadwell, Opequon District, spoke to the Board about the request for boundary line adjustments by the Town of Stephens City. He is interested in having his property become part of Frederick County in this boundary line adjustment. He advised water and sewer is on site and that he has a letter from CSX Railway advising this is one ofthe best sites they have. He feels the County is overlooking his property and feels perhaps it is because ofthe pressure they are receiving from the Town of Stephens City. He advised that the county planners have done a good job on the Comprehensive Plan for this site. Sam Lehman, Back Creek District, feels the cost formula used for the Fiscal Impact Model is badly flawed. He addressed the jail population and its cost compared to the cost of operating the county schools. The major factor in our cost impact is how many pupils we get per new urban household. In the rural area people move in and live there generally until they die. In the urban areas there is considerable moving with a number of households moving every four years. David Hurd, Stonewall District, addressed the Citizen Comment portion ofthe agenda. He would recommend that the citizens be given a specific time, or range of time, within which the Public Comments portion of this meeting would occur. The portion ofthe agenda is early tonight by considerable amount. He advised that on July 7 he went to the dumpster and while there he saw a number of vehicles with West Virginia plates still using the Clearbrook site. He recommends that this be fixed, and as he sees this happening he will be back before the Board to report it. BOARD COMMENTS There were no additional comments at this time. MINUTES Supervisor Forrester advised that there was an additional vote that was left out ofthe minutes on the final discussion of the Northeast Land Use Plan at the meeting on April 23, 2003. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the minutes of April 23, 2003, were approved, as amended, by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 004 Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester, the minutes of the W orksession with the Town of Stephens City on May 13, 2003, were approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye COUNTY OFFICIALS RECOGNITION OF SPONSORS OF LITTER-THON Chairman Shickle, Supervisor Tyler, and Rebecca Venanzio, Public Works Intern, presented awards to certain businesses for their support ofthe County's litter prevention initiative, Frederick County Clean Sweep. Those companies present to accept their award were Oakcrest Builders, Inc., Southeastern Container, Inc., and Turner Real Estate. COMMITTEE APPOINTMENTS RAYMOND C. SANDY APPOINTED TO BOARD OF ASSESSORS FROM OPEQUON DISTRICT Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Raymond C. Sandy, was appointed to the Board of Assessors from Opequon District. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye REQUEST OF VIRGINIA ASSOCIATION OF COUNTIES (V ACo) PUBLIC AWARENESS CAMPAIGN PRESENTED TO THE BOARD Administrator Riley advised that in an attempt to better inform the public on the disparities in funding at the state level on issues such as education, the Virginia Association of Counties has Minute Book Number 29 Board of SupervIsors Regular Meeting of 07/09/03 005 developed a series of public awareness ads. He further advised that staff has researched the costs of airing these advertisements and this information was provided to the Board in their agendas. Assistant Administrator Tierney played a CD of this ad at this time. Supervisor Tyler asked if the county schools had been contacted about this? Administrator Riley advised no. Chairman Shickle asked ifthere was any other means being discussed as a way of getting this information out to the general public? Assistant Tierney advised that cable is a possibility. Supervisor Forrester asked if V ACo had thought about airing this on a channel that airs throughout the state? Chairman Shickle advised that he would like to see stafflook into this further and see what could be done for a lesser dollar amount. Supervisor Sager stated that he felt $41,000 was a lot for this request. Supervisor Reyes also agreed that this was a bit much. Supervisor Tyler feels it is a good message and perhaps with more research it can be sent for less. Chairman Shickle advised that he did not feel that radio alone will get the job done. Kenneth Y. Stiles, Stonewall District, asked to address the Board on this request. Chairman Shickle advised him that he was out of order. This was referred back to staff for further research. LEGISLATIVE PROGRAM FOR 2004 GENERAL ASSEMBLY SESSION - APPROVED AS AMENDED Administrator Riley presented this information to the Board. 1. Support modification of the Dillon Rule. 2. Support local option real estate transfer tax in lieu of cash proffers. 3. Support enabling legislation to create adequate public facilities ordinance. 4. Support continuing study legislation that addresses Conflict of Interest, Fair Labor Standards, Affirmative Action Policy, Regulation ofBioso1ids. Supervisor Sager moved to approve this list. Supervisor Reyes seconded the motion. Supervisor Forrester moved to amend this list to add full funding ofthe school system. Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 006 Supervisor Tyler seconded this motion. The above amended motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye ADOPTION OF THE RULES OF PROCEDURE REGARDING REQUESTS MADE PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 (PPEA) - APPROVED UNDER CONSENT AGENDA The Public-Private Education Facilities and Infrastructure Act of 2002, Va. Code Ann. Sec.56-575.1 to -575.16 (the "PPEA"), grants a public entity the authority to create public-private partnerships for the development of a wide range of projects for public use ("qualifying projects") if the public entity determines that there is a need for a project and that private involvement may provide the project to the public in a timely or cost-effective fashion. (A complete copy of this Rules of Procedure under the PPEA is on file in the Office of the County Administrator.) RESOLUTION (#001-03) RE: ADDITION TO THE CFFW REGIONAL JAIL UNDER THE PUBLIC-PRIV ATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 (PPEA) - APPROVED Administrator Riley presented this information to the Board. Supervisor Forrester asked if the County is "on board" with this? Administrator Riley explained that he would say not fully at this time, but felt they would be. Supervisor Reyes asked if we should wait for Clarke County? Administrator Riley advised that he felt Clarke County will be "on board," but that we should not delay this action, as we need to move forward at this time. Upon motion made by Supervisor Sager, seconded aby Supervisor Reyes, the following resolution was approved: WHEREAS, Clarke County, Frederick County, and the City of Winchester own land on which the Regional Adult Detention Facility is located; and WHEREAS, Clarke County, Frederick County, Fauquier County, and the City of Win chester comprise the Regional Jail Board which operates the Regional Adult Detention Facility; and WHEREAS, an addition to the Regional Adult Detention Facility is needed to relieve overcrowding at the facility, which addition will serve a public need and purpose ("the Project"); and Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 007 WHEREAS, Clarke County, Frederick County, Fauquier County, and the City of Winchester desire to have the City of Winchester design, construct, and equip the Project pursuant to the Public- Private Education Facilities and Infrastructure Act of2002 ("PPEA"). NOW, THEREFORE, BE IT RESOL VED, that the County of Frederick hereby authorizes the City of Winchester to design, construct, and equip the Project pursuant to the PPEA. ADOPTED, this 9th day of July 2003. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye RESOLUTION (#002-03) RE: REOUALIFICATION OF THE NORTHERN SHENANDOAH VALLEY REGIONAL PARTNERSHIP ACT - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia General Assembly passed the Regional Competitivess Act, Title l5.1, Chapter 26.3 of the Code of Virginia, which encourages the creation of defined regional partnerships among local governments within the planning districts by providing incentive funds for local governments in a qualified regional partnership; and WHEREAS, the counties of Clarke, Frederick, Page, Shenandoah, and Warren; the Towns of Front Royal, Luray, Middletown, Stephens City, and Strasburg, and City of Winchester are the member local governments of Northern Shenandoah Valley Regional Commission, with the other incorporated Towns of Berryville, Boyce, Edinburg, Mt. Jackson, New Market, Shenandoah, Stanley, Toms Brook, and Woodstock covered by the membership of their respective counties, are the twenty duly constituted local governments within Planning District 7, the Northern Shenandoah Valley Regional Commission, which may constitute a delineated region for a Regional Partnership; and WHEREAS, the Northern Shenandoah Valley Regional Commission has maintained the Northern Shenandoah Valley Regional Partnership as a special committee of the Commission; and WHEREAS, the Commission, local governments, and the economic development organizations have been involved in strategic planning since the 1980's that has included business and industry, educational institutions, and civic association members, which provides a foundation for the Strategic Plan requirements for the Northern Shenandoah Valley Regional Partnership; and, WHEREAS, regional competitiveness is a priority for local economic viability within the Northern Shenandoah Valley Partnership region; and WHEREAS, incentive funds awarded from the Regional Incentive Fund may be utilized to assist in funding the development of new regional initiatives and expansion of existing multi- jurisdictional programs that benefit the region and localities. NOW, THEREFORE, BE IT RESOLVED, that the Northern Shenandoah Valley Regional Commission (Planning District 7) continue to be the delineated region ofthe Northern Shenandoah Valley Regional Partnership for the purposes ofthe Regional Competitiveness Act; and BE IT FURTHER RESOLVED, that Frederick County, Virginia supports continuation of the Northern Shenandoah Valley Regional Partnership through the Northern Shenandoah Valley Regional Commission and will participate in accordance with the by-laws for the duration of the Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 008 Competitiveness Act program; and BE IT FURTHER RESOLVED, incentive funds allocated to this region from the Regional Competitiveness Incentive Fund based on per capita distribution will be placed in the Northern Shenandoah Valley Regional Partnership Fund for allocation by the Partnership to programs that implement the adopted strategic plan. ADOPTED, this 9th day of July 2003. ADOPTION OF JOINT LAND USE PLAN WITH THE TOWN OF STEPHENS CITY - APPROVED Administrator Riley presented this to the Board advising that a joint public hearing was held with the Town of Stephens City on June 24. There were several issues raised, in the form of questions at that time. These questions have been responded to. He further advised that a map reflecting changes, as requested by the Board or Town Council, is part ofthe agenda material before the Board tonight. Supervisor Tyler asked Administrator Riley to explain the process. It is her understanding this is just a land use plan and has nothing to do with boundary line adjustments or annexation. Administrator Riley advised that is correct. The purpose of this exercise was to provide a common starting point for the two bodies. There is a voluntary settlement agreement that will need to be drafted. That will require a public hearing once it has been completed. This is just the beginning. Chairman Shickle referred to Steve Chadwells' statement at the beginning of the meeting under "Citizen Comments." The mixed used designation, as was explained to him by Administrator Riley, and is outlined before the Board is primarily Business/Industrial with some residential, correct? Administrator Riley responded, correct. Chairman Shickle Asked if that is very close to what Steve Chadwell requested. Administrator Riley responded, correct. Supervisor Reyes asked Director Lawrence about the black dotted line, being the bypass, on the map, and whether it was going through Steve Chadwell's property? Director Lawrence advised this dotted line is not the by pass, it is more of a minor collector road, which is consistent with Route 11 south land use plan. It does go through his property. Supervisor Reyes asked if this was in concrete or is it just conceptual? Director Lawrence advised it is a conceptual location. The goal behind this road system is Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 009 to get a connection from Route 11 going to the western side of Steve Chadwell's property, in this case, providing access near the railroad tracks. Supervisor Sager moved for approval with Supervisor Tyler seconding the motion. Supervisor Forrester asked if there was any reason why this collector road could not be moved? Director Lawrence responded because it is a conceptual location. A need was there to create a road system, to help the Town, to help down town Stephens City. It is not a by pass, it is not a by pass in the nature oflimited access, it is a major collector roadway. Supervisor Forrester asked if Lewis Costello's questions had been answered? Director Lawrence advised they had. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Nay Gina A. Forrester - Nay W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye RESOLUTION (#006-03) IN SUPPORT OF THE FRENCH AND INDIAN WAR FOUNDATION IN THEIR EFFORTS TO RAISE PUBLIC AWARENESS - APPROVED UNDER CONSENT AGENDA WHEREAS, the French and Indian War Foundation was established in the spring of2002 in Winchester, Virginia, to focus public attention on the early settlement of the American frontier, with particular emphasis on the French and Indian War (1754-1763, and WHEREAS, little attention has been paid to the French and Indian War, a war that within thirteen years of its conclusion led to the banding together of the thirteen North American Colonies against British rule, and WHEREAS, the young George Washington, commander of the Virginia Regiment, established his headquarters in Winchester, Virginia for defending the western frontier against allied forces of the French and Ohio Valley Indians, and WHEREAS, Colonel Washington built Fort Loudoun to defend the City of Winchester and to marshal and dispatch his troops to the forts that stretched from the Potomac River on the north to the Carolinas on the south, and WHEREAS, the French and Indian War Foundation is dedicated to educating the public about the historical significance of the war and preserving the sites associated with the conflict on the American frontier, and WHEREAS, the Foundation has purchased the antebellum home at 419 North Loudoun Street in Winchester which occupies part of the site of Fort Loudoun and includes the still extant well that Colonel Washington directed to be dug 103 feet through limestone, and WHEREAS, the Foundation is attempting to preserve Fort Colvill, and 18th century stone Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 010 structure built by early Scots-Irish settlers in Frederick County, Virginia, and WHEREAS, the 250th anniversary of the French and Indian War begins in 2004; THEREFORE, we, the Frederick County Board of Supervisors, support the French and Indian War Foundation as it seeks to raise public awareness about the French and Indian War era, and its importance to Winchester and Frederick County, Virginia, and the nation at large. COMMITTEE REPORTS FINANCE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on June 18,2003 at 8:00 a.m. The committee approved agenda items, 1,3, and 5 under consent agenda. Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the consent agenda, as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye Items Requiring Action 1. The Superintendent of the CFFW Regional Jail requests a FY04 Regional Jail supplemental appropriation in the amount of $34.957.00. This amount represents additional state compensation board funding for a 2.25% salary adjustment. No additional local funds are required. See attached memo, p.l. The committee recommends approval. - Approved Under Consent Agenda 2. The Superintendent of the CFFW Regional Jail requests a FY04 Regional Jail supplemental appropriation in the amount of$5.545.00. This amount represents the last phase for the replacement ofthe security control system that will not be complete until after July 1, 2003. No additional local funds are needed. See memo, p.2. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye 3. The Director of Public Works requests a FY04 General Fund supplemental appropriation in the amount of$150.000.00. This amount represents a federal grant for the renovation ofthe court room in the old court house. No additional local funds are required. See attached memo, p.3-7. The committee recommends approval. - Approved Under Consent Agenda Minnte Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 011 4. The Director of Public Works requests a General Fund supplemental re-appropriation in the amount of $130.000.00 in FY04. This request represents completion of the drainage improvement project performed in the Orchardale/Gordondale/Carrollton subdivisions in the amount of $100,000.00 to be placed in line item 4201-8900-000-001 Stormwater Improvements. Additionally, $30,000.00 is requested to be placed in line item 4201-3002-000-000 Professional Services to engage services of an engineer and surveyor to design a drainage remediation project in the Greenbriar subdivision. See attached memo, p.3-7. The committee recommends approval. - Approved Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye 5. The Probation Program Coordinator requests a Court Services supplemental re- appropriation in the amount of$210.00 in FY04. This request represents state grant carry forward for registration costs of the VCJJA conference for November 13 and 14,2003. No additional local funds are required. See attached memo, p.8-12. The committee recommends approval. - Approved Under Consent Agenda 6. The Superintendent of the CFFW Regional Jail requests a FY03 Regional Jail supplemental appropriation in the amount of $47.000.00. This amount is needed for consultant services for the Jail Expansion Project. No additional local funds are being requested with funding source being the Regional Jail Unreserved Fund Balance. See attached memo, p.13. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye 7. The GIS Director requests a General Fund supplemental approuriation in the amount of $171.825.00. This amount is requested to be carried forward from FY03 to FY04 for the completion of the Digital Tax Parcel Mapping Conversion Contract as the final phase ofthe GIS Planimetric project. See attached memo, p.14. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 012 Margaret B. Douglas - Absent Lynda J. Tyler - Aye 8. The Finance Department requests a Maintenance Insurance Fund suuplemental appropriation in the amount of$52,OOO.00. This amount is needed to start self insuring the County's equipment maintenance insurance program. No additional local funds are required. See attached memo, p.15-l6. The committee recommends approval. - Approved Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye Items Not Requiring Action The following agenda items were approved by the Finance Committee and have been forwarded to the Board of Supervisors for a required Public Hearing. 1. The Director of Public Works requests a FY04 Landfill supplemental re-ap?ropriation in the amount of $822.000.00. This amount represents $150,000.00 for vertical expansion of the municipal landfill to be placed in line item 12-4204-3002-000-000 Professional Services. Additionally, $672,000.00 to be placed in line item 12-4204-8900-000-000 Improvements Other Than Buildings. This includes $500,000.00 for rock blasting formsw cell b, phase two; $l 00,000.00 for improvements to land purchased for clay excavation; and $72,000.00 for addition to scale facilities. No additional local funds are required. See attached memo, p.3-7. 2. The Director of Planning requests a General Fund suoolemental re-appropriation in the amount of $1.049,082.50 in FY04 for completion of Warrior Drive. No additional local funds are required. See attached memo, p.17. 3. The Superintendent of the CFFW Regional Jail requests a FY04 Regional Jail supplemental appropriation in the amount of $838.954.00 and a General Fund suoolemental aoorooriation for the county's share in the amount of$27L569.00. These funds are needed for the positions approved by the Regional Jail Board on June 12,2003. See attached memo, p.13 and 18- 40. Don Butler requested, and the committee was in agreement, that memos be sent to all state representatives giving a history of the impact to localities. For Information Only 1. The Finance Director provided a report on fund balance. See attached report, p. 41-42. PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, July 2,2003 with the following members present: Margaret B. Douglas, Chairman, Gina A. Forrester, Verne E. Collins, John R. Riley, Jr., Kris Tierney and Debby Didawick. Committee member Philip Farley and Bill Still were absent. The following Department Heads were present: Ed Strawsynder, Public Works Director and Fred Hildebrand, CFFW Jail Superintendent. 1. Request from the Public Works Director to Transfer Funds to Approved Landfill Positions - Approved Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 07/09/03 013 The Public Works Director requests a Landfill Fund Transfer in the amount of$121.811 from the landfill contingency fund. No additional local funds are needed. (See attachment A) The Committee recommended approval. Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye 2. Request from CFFW Superintendent to Approve Positions - Approved The Superintendent ofthe Regional Jail requests approval of23 positions that were approved by the Regional Jail Board. This action will also require a Regional Jail Supplemental Appropriation of $83 8,954 which has already been approved by the Finance Committee. (See attachment B) The Committee recommended approval. This request was approved earlier as part of the Finance Committee Report. CODE & ORDINANCE COMMITTEE The Code & Ordinance Committee met on Tuesday, July 1,2003, at 4:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present was chairman of the committee Supervisor Sidney A. Reyes, Supervisor Robert M. Sager, and Michael L. Bryan. Also present was Commissioner of the Revenue Ellen Murphy, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. Committee member Stephen G. Butler was absent. The committee submits the following: ***Items Requiring Action*** 1. Discussion of Chan~es to the Frederick Countv Code on Tax Relief on Real Estate for the Elderly or Handicapped - Option #3 Is To Be Advertised The Commissioner ofthe Revenue discussed with the committee the updated total combined income threshold limits enabling legislation as outlined in the Code of Virginia. The committee discussed the impact of said legislation with the Commissioner of the Revenue and requested that scenarios be provided for the Board's consideration. Scenario one would be the full impact of adopting the revised scale per enabling legislation. Scenario two would provide 100 percent relief to all in the program currently up to 30 thousand dollars and then apply the percentage exemption to the range from 30,000 to 50,000 thousand dollars. Scenario three would be to adjust the percentage exception to reflect on one half ofthe new revenue loss. (Under scenario one, the new revenue loss is approximately $300,000). Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Option #3 will be advertised. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 014 Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda 1. Tyler - Aye PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF THE WINCHESTER-FREDERICK COUNTY CHAMBER OF COMMERCE HOB NOB IN THE VALLEY. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS. SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY. SEPTEMBER 12. 2003. FROM 5:30 P.M. TO 8:00 P.M. ON PROPERTY OWNED BY WILLIS WHITE. WILLOW GROVE FARM. 740 MERRIMAN'S LANE. WINCHESTER. VIRGINIA - APPROVED Administrator Riley presented this request to the Board. Chamber of Commerce Director Suellen Knowles addressed the Board on behalf of this request. There was no public comment. Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, the Outdoor Festival Request of the Winchester-Frederick County Chamber of Commerce was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye PUBLIC HEARING - AMENDMENT TO THE 2003-2004 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2003-2004 BUDGET TO REFLECT THE FOLLOWING 3 ITEMS - (RESOLUTION #003-03) - APPROVED Administrator Riley presented this request to the Board. Donald W. Luttrell, Opequon District, asked how much taxpayer money is involved in the $1,049,082 figure. He referred to 1998 concerning a delay in the signing of a memorandum of understanding with VDOT regarding Warrior Drive. The article stated that the County still did not have a commitment from the devcloper to pay for the road; however, the article went on to say that Supervisor James L. Longerbeam advised the commitment should be forthcoming within a month. (At this time Mr. Luttrell stated this article was from 1988.) He referred to an article in 2000 where the developer stated that he wants assurance the road will be built before they pay for the final design Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 015 engineering. He advised since this project was started the taxpayers have been told the developers would be contributing a major portion to match VDOT's amount; however, he does not see that in the $1,049,000, as he sees this amount as all taxpayers' money. Chairman Shickle asked Administrator Riley to respond to Mr. Luttrells' concern. There is developer money involved, and all the funds coming from the state is taxpayer dollars, correct? Administrator Riley replied that is correct. Chairman Shickle asked Administrator Riley ifhe remembered the break down? Administrator Riley advised it was $500,000 from Jasbo, $77 ,000 from Dr. McAllister, and $50,000 from Valley Mortgage was a match that was combined with the County's match, to match the state. The total amount oflocal money for approximately 1 mile and a half to 2 miles of new road is less than $600,000. He further advised that the total amount for when the road was bid was approximately $1.9 million. Some additional money was added to deal with additional landscaping and buffering. He is not sure of that exact amount, but for round figures it is $2.2 million for the total road proj ect. The County is responsible for one half, which would be $1.1 million. Of that 1.1 million, developers contributed $500,000, $77,000, and $50,000, leaving the residual the local government's responsibility. Chairman Shickle asked when the estimated completion is expected? Administrator Riley stated that is a good question. The finalized design criteria has been done with VDOT on the boxed culverts, we should be looking at final completion early this Fall. Chairman Shickle asked ifthis information could be provided to the citizens in this area, as he is always getting calls about when this project is planned for completion. Upon motion by Supervisor Tyler, seconded by Supervisor Reyes, the following amendment was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on July 9, 2003, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2003- 2004 Budget be Amended to Reflect: A Landfill Supplemental Appropriation in the Amount of $822,000.00. This Amount Represents Funds for Expansion and Improvements. A General Fund Supplemental Appropriation in the Amount of$l ,049,082.00. This Amount Represents Non-Encumbered Funds to Complete the Warrior Drive Project. A Regional Jail Supplemental Appropriation in the Amount of$838,954.00, and a General Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 016 Fund Supplemental Appropriation in the Amount of$271,569.00 for the County's Share of the Jail Positions Approved by the Regional Jail Board. ADOPTED this 9th day of July, 2003. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye PUBLIC HEARING - PURSUANT TO SECTION 33.1-151 OF THE CODE OF VIRGINIA. 1950. PUBLIC INPUT WILL BE RECEIVED ON THE PROPOSED ABANDONMENT OF A PORTION OF SECONDARY ROUTE 660 (HIGH BANKS ROAD) FROM 0.65 MILE NORTHEAST OF ROUTE 664 (JORDAN SPRINGS ROAD) TO THE CLARKE COUNTY LINE (A LENGTH OF 0.15 MILE). THIS ABANDONMENT WILL RESULT IN THE CLOSING OF THE ROUTE 660 FORD AT THE OPEOUON CREEK (RESOLUTION #004-03) - APPROVED Resident Engineer Jerry Copp addressed the Board with reference to this request and the procedure involved in same. James Stillwell, co-owner of property that adjoins this road advised the Board of the many problems and issues that he has experienced over the years with this situation. Asked the Board to approve this request. David Hurd, Stonewall District, supports Mr. Stillwell's request. He asked VDOT to see that proper signs are erected in this area advising this is Private Property and the end of Route 660. Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the following resolution was approved: RESOLUTION #004-03 ABANDONMENT OF A PORTION OF ROUTE 660 (HIGH BANKS ROAD) WHEREAS, it appears to this Board that Secondary Route 660 (High Banks Road), from 0.65 mile northeast of Route 664 (Jordan Springs Road) to the Clarke County Line (a length of 0.15 mile) serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways; and WHEREAS, a public notice was posted as prescribed under section 33.1-151, Code of Virginia, announcing the intent to abandon altogether the section of road described above from the Secondary System of State Highways; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this road abandonment during theirregular meeting on July 9, 2003; and, after considering all evidence ofthe section of Secondary Route 660, it is no longer necessary as a part ofthe Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors Minute Book Number 29 Board of Supcrvisors Rcgular Mccting of 07/09/03 017 abandons the above described section of road and removes it from the Secondary System of State Highways, pursuant to Section 33.1-151, Code of Virginia. BE IT FURTHER RESOL VED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 9th day of July 2003. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, JI. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye PUBLIC HEARING - PURSUANT TO SECTION 33.1-151 OF THE CODE OF VIRGINIA. 1950. PUBLIC INPUT WILL BE RECEIVED ON THE PROPOSED ABANDONMENT OF A PORTION OF SECONDARY ROUTE 644 (PARKINS MILL ROAD) FROM 0.77 MILE NORTHEAST OF ROUTE 50 (MILLWOOD PIKE) TO THE CLARKE COUNTY LINE fA LENGTH OF 0.04 MILE) (RESOLUTION #005- 03) - APPROVED Administrator Riley presented this request to the Board. Harold Whitacre, Shawnee District, lives in close proximity of this location. He asked the Board about their intentions for this property and what are the neighbors supposed to do as far as having access to their property located across the creek. Sherry Russell, Shawnee District, neighbor of Harold Whitacre, advised why she has used the road for a number of years. Resident Engineer Jerry Copp advised that VDOT was planning to abandon the road and when this happens it reverts back to the property owner. They would be responsible for any signage that is erected. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the request for abandonment of a portion of Route 644 was approved by the following resolution: RESOLUTION #005-03 ABANDONMENT OF A PORTION OF ROUTE 644 (PARKINS MILL ROAD) WHEREAS, it appears to this Board that Secondary Route 644 (Parkins Mill Road), from 0.77 mile northeast of Route 50 (Millwood Pike) to the Clarke County Line (a length of 0.04 mile) serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways; and WHEREAS, a public notice was posted as prescribed under section 33.1-151, Code of Virginia, announcing the intent to abandon altogether the section of road described above from the Secondary System of State Highways; and, Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 018 WHEREAS, the Frederick County Board of Supervisors held a public hearing on this road abandonment during theirregular meeting on July 9, 2003; and, after considering all evidence of the section of Secondary Route 644, it is no longer necessary as a part ofthe Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors abandons the above described section of road and removes it from the Secondary System of State Highways, pursuant to Section 33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 9th day of July, 2003. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #03-03 OF THE WWW. L.C.. SUBMITTED BY G.W. CLIFFORD & ASSOCIATES. INC.. TO REZONE 70.9065 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL). THIS PROPERTY IS LOCATED NORTH AND ADJACENT TO ROUTE 50 WEST (NORTHWESTERN PIKE). APPROXIMATELY 1.700 FEET WEST OF THE ROUTE 50/ROUTE 37 INTERCHANGE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 52-A-B AND 53-A-79 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Senior Planner Abbe Kennedy presented this to the Board bringing them up to date on the request, with any changes, and the latest in the proffers that were being offered. Chairman Shickle asked Planner Kennedy to show everyone one more time, using her pointer, to outline the property that is being requested to be rezoned. Chuck Maddox, ofG. W. Clifford, appeared before the Board at this time. He advised the second year anniversary is close from when the planning started for these two properties. He feels the proffer statement is the best that can be made in order to accomplish the intent of the Comprehensive Plan for the Route 50 corridor and the Round Hill Community. Supervisor Tyler stated that going through the issues, watching it go through the Planning Commission, you all are to be commended on the work you have done on the protection of this corridor. She advised the developers have agreed to pay for the realignment ofthat road ifthere are Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 019 not state funds, correct? Chuck Maddox, if our project proceeds prior to any funding, then we will be responsible. Supervisor Forrester, advised that based on the conversation, she feels there might be a more recent proffer statement that she has not seen which addresses Route 803. Chuck Maddox advised the 6/20 proffer statement, which he believes is in the Board's packet, is the most current proffer statement. Director Lawrence advised that Route 803 improvement is #1 on the proffer. Chuck Maddox advised the proffer was signed and notorized on June 27. Supervisor Forrester asked ifthe Architectural Committee is going to be ajoint committee between the WMC parcel and WWW for consistency? Chuck Maddox advised this has been discussed with staff. There are a lot of reasons why a voting membership may not be appropriate. There is going to be liaison membership between the two organizations. Supervisor Forrester asked Planner Kennedy if staff is satisfied with that agreement? Planner Kennedy advised they were. Bill Shepherd, Gainesboro District, suggested to the Board that their decision would be much better informed ifthey would delay considering this project until the new Capital Facilities Impact Model is ready. Sam Lehman, Back Creek District, advised he didn't know how many years he has heard from planners and Board members that Route 37 west was going to be a dividing line and limit to urban development. The 104 acre DeGrange property that the hospital bought is tax exempt property on our books today. The idea this project would make us a lot of money is a lot of bologna. He also feels the Board should wait for the Impact Model to be completed before making a decision on this request. David Hurd, Stonewall District, advised as he understands this request, seventy one acres are only a portion of the development space. It is the residual that was not previously included in the WWW package. We do not do ourselves any favor when we let infrastructure proceed. He feels, based on what he has heard as may be at possibility of going in at this location, we will get requests for residential development on the western side of Route 37. He supports not doing anything that opens the door. He asked the Board to be very careful in what they approve, and how they restrict Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 020 it, ifthey do approve it. Jim Wilkins, Jr., Gainesboro District, one ofthe partners ofWWW requesting this rezoning. He thanked the Board and staff, as it has been more than two years since this project was started. This is seventy-one acres of commercial property, period. The only way any housing could be built in this area is ifthe Board of Supervisors changed the zoning. He advised he lives in this area ofthe county and there is absolutely no place to shop, buy groceries, and no restaurants. This is a limited situation, no additional homes. Frederick County needs this revenue. He feels they have offered a very good proffer, probably one of the most expensive proffers that has been offered, several million dollars of road construction, stop lights, proffers to administration and the fire companies. Kenneth Y. Stiles, Stonewall District, is in support ofthis project, and is probably something that should have been done fifteen years ago. The county does need the revenue base. For nearly thirty years it has been the county's goal to provide sewer service to the Round Hill area to a number of homes that have failing septic systems in this area. This does not do that, but it does facilitate it. There is a very limited amount of area that could additionally be served by water and sewer service here. The only caveat that he would raise is peripheral to the main issuc. Several years ago the Board entered into agreement with Robert Solenberger, one of the partners in this, that ifthe Board provided, he believed up to $300,000 to relocate the water storage tank there, that the Solenberger Family would put a permanent easement on their property there, and to his knowledge, as of this date, this has not been done. He knows Mr. Solenberger, and knows him to be a man of integrity. He suggests that the time has come for this, and it may be necessary to use this as leverage to get that done. This property needs to come to closure. Chairman Shickle asked Chuck Maddox if the hospital property is tax exempt? Chuck Maddox advised the hospital property is not tax exempt. Supervisor Forrester advised that she noticed under staff comment, no exclusions of any B2 uses proposed, is that still the same? Planner Kennedy advised it is shown as a business, commercial office and any B2 use would be appropriate. Supervisor Reyes stated that he wanted to make it perfectly clear that from the inception, when he voted along with the Board to extend the water and sewer to this area, was done in support of good business ventures in this area. He made it very clear that he supports business to offset the Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 021 real estate taxes that we accrue, as we need this desperately in Frederick County. His concern with this, at this point, even though he supports the businesses in this area, the logical area for businesses, he does have some concerns. One is to protect the rural character of Route 50. He can see that perhaps this might be compromised by development as we do not know what is coming into the B2 area. As there are no restrictions on the B2. With that we could possibly have Home Depot, the other strip mall type things that would expand that area and reduce the traffic even further from the D level that it is, he is concerned with that. He would like to see the developer, perhaps take a good look, and proffer out some of the things that are giving him concern, as having a Walmart, a Sheetz or a Home Depot. Something that would crowd that area and denigrate the rural character of Route 50. His other concern is the traffic. It is not clear to him whether the D Level of traffic will be acceptable, if it is now, you can imagine with the growth taken place there what will happen to the traffic patterns. Again, we are looking for the tax we can accrue from a good business. His other concern is that the model that was used, the fiscal impact model, to determine what revenues will come from this, is in his judgement, and others, somewhat flawed, or deficient. He would propose that we table this until the county has completed the new Fiscal Impact Model. Run the numbers again, and see how our tax dollars will accrue with this development. Supervisor Reyes moved to table this until we have completion of the Fiscallmpact Model. Supervisor Forrester seconded the motion. The above motion was defeated by the following recorded vote: Richard C. Shickle - Nay Robert M. Sager - Nay Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Nay Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, Rezoning #03-03 of the WWW, L.C. was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes -Nay Gina A. Forrester - Nay W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye OTHER PLANNING ITEMS Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 022 MASTER DEVELOPMENT PLAN OF RED BUD RUN. L.L.C. - APPROVED Planner II Jeremy Camp presented this request to the Board advising this is for a proposal to develop 285 single family detached urban lots on approximately 157 acres zoned residential performance. He also reviewed the list of proffers with the Board. He advised that the Planning Commission recommended approval on June 4. He further advised that the Planning Commission recommended that the crossover to Morgans Mill Road not be closed at this time. He further advised that staff has requested that other issues be clarified at tonight's meeting as follows: 1. When throughout the process would the temporary gate proffered for Moreland Drive be removed? 2. Whether or not the crossover to Morgan Mill Road be maintained as recommended by the Planning Commission? Chairman Shickle advised Planner Camp that he had named several things that he hoped would be clarified at this meeting. Does that mean staffhas asked and not received an answer? This has been in progress for some time. He does not understand why he has not been given an answer. Planner Camp advised the two issues he has pointed out. Moreland Drive temporary gates and the crossover to Morgan Mill Road were discussed during the Planning Commission meeting. The Planning Commission did recommend that the crossover be kept from Morgan Mill Road; however, staff needed additional clarification from the Board as the proffer statement left these open. Chairman Shickle asked what is being asked for by staff is to come from the Board and not the applicant. Planner Camp replied that is correct. Chairman Shickle advised that he attended the Planning Commission meeting the night this item was heard and he did not recall any open items. Are there items staff is requesting of the applicant that you have not received? Planner Camp advised the open space plan, as there was no clear time as to when this would be presented to the Board. Supervisor Sager advised that he agreed. He asked ifthe Board is being asked to make two decisions as to how the county will proceed with the master plan concerning the roadways. Planner Camp advised this is an unresolved issue at this time as this is how it was proffered. Chairman Shickle asked how would the Board be counseled tonight on how to reach a decision on these two questions? Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 023 Planner Camp advised the Planning Commission did recommend the Morgan Mill crossover be kept open. He advised VDOT staff is here if the Board has any direct questions for them. Chairman Shickle asked when staff hears more about the open space will it then make a recommendation back to the Board at this meeting? Planner Camp advised the open space was also part of the proffers. Staff wanted some clarification as to when this open space plan would be presented to the Board. The proffer statement indicated that was a requirement. Supervisor Forrester asked for clarification on the Morgan Mill crossover and whether or not a time was given by VDOT as to when this would be closed? She asked that Resident Engineer Copp give her assistance in clarifying her questions. Supervisor Forrester asked Engineer Copp if VDOT had a preference on this, or a recommendation? Engineer Copp advised he was not in attendance at the Planning Commission meeting. It is his understanding that the original proffer gave the Board of Supervisors and VDOT the opportunity in the future to close the crossover if they deemed it necessary. The developer would be responsible in seeing this was done. He feels with the new high school opening and this development, it may be best to leave it open until the new traffic light is in place, and then make a determination as to how to proceed at that time. Supervisor Forrester advised that she feels comfortable with that. Chuck Maddox of G. W. Clifford appeared before the Board on behalf of this master development plan request. He advised that the gate at the Morgans Mill intersection will be opened and removed at the recommendation of the Board and VDOT. Chairman Shickle asked if the developer had a suggestion as to when the gate would be lifted? Chuck Maddox advised it could be lifted the day it is opened. They do not feel there needs to be a gate. They feel it would benefit the traveling public if it were opened the day the road is completed. He further addressed the interest that has been shown by the Virginia Department of Game and Inland Fisheries (DIF) in the 30.92 acres that will be set aside as a stream preservation parcel. The developer will own and manage the lands ofthe preservation parcel until such time that DIF receives ownership. Should DIF decide at some time in the future to relinquish their rights to Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 024 the ownership of this acreage, the property would come back to the Board for their decision as to who would be the next end user agency. Engineer Copp advised Supervisor Forrester that, in his mind, the gate was always over on the school. He had no interest in the gate and can see no reason to have a gate on the east side of Morgan's Mill Road. Planner Camp advised it was his understanding this proffer was put in to address the concerns of those that were concerned about individuals using this as a means of a short cut. Director Lawrence explained that when this came in as a rezoning, staff did not see an exact road layout. The proffer was implemented because at the time it was a concern that you would have one road connecting Woods Mill and Morgan Mill. With the road layout in place it would discourage cut through traffic; therefore, the gate does not have a lot of significance. He further advised the Board could decide at this time ifthey feel the gate is not appropriate as part of their decision of the master development plan. Supervisor Sager compared this to a barrier that was in place at the Village of She ran do when the roadways became an express way to Sherando High School. This is still an expressway until Warrior Drive opens. Why even have a gate there at all? Supervisor Tyler moved to dispose of the gate. Supervisor Sager seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye Supervisor Tyler moved to approve the Master Development Plan of Red Bud Run with the stipulation that Morgan's Mill Road crossover not be removed and the Road Efficiency Buffer be approved. Supervisor Sager seconded the motion. Supervisor Forrester offered an amendment, to this motion, that this come back to the Board once the high school was open. Supervisor Tyler amended her motion as follows: That the approval of the Master Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 025 Development Plan of Red Bud Run with the stipulation that Morgan's Mill Road crossover not be removed at this time until action by VDOT or this Board to remove it, and the Road Efficiency Buffer waiver be removed. Supervisor Sager seconded this amended motion. Supervisor Tyler advised there was an incredible amount of work done with this Master Development Plan. No where is it ever mentioned that $300,000 will be contributed to the county for battlefield acquisition. She wanted to applaud the applicant, and the developer for being sensiti ve to that, and that was one of the conditions ofthe Board's approval. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye SUBDIVISION WAIVER REQUEST OF DEBORAH OSTERTAG - DENIED Zoning Administrator Patrick Davenport presented this request to the Board advising Deborah and John Ostertag is requesting a waiver of a subdivision ordinance requirement which required that a minimum width for a private, shared driveway shall be fifty (SO) feet in width. This width must be established along the existing right-of-way out to the nearest state road. The closest state road is Route 746 (Ronner Lane). The plat indicates the Ostertags are proposing to subdivide one tract of 5.13 acres and a second tract of 6.97 acres into three family lots with a 6.0 acre remainder. The subject property is served by a private right-of-way, 20 feet in width, known as Peacefield Lane. The Ostertags did not obtain any positive responses to their requests; thus were unsuccessful in their attempt to obtain the necessary right-of-way width. In accordance with 144-5 of the Subdivision Ordinance, the Ostertags are requesting a waiver to 144-31 C(3) which would enable them to subdivide the property without the necessary fifty (50') right-of-way width for a private shared driveway. Administrator Riley advised Chairman Shickle that this is an issue before the Board and public comment will not be heard as it is not a public hearing issue. This discussion is between the staff and Board as to the relevance of the waiver. Chairman Shickle advised, based on the number of individuals in attendance, he would Minute Book Number 29 Board of Supervisors Regular Meeting of 07/09/03 I 026 assume that a number of them are present to see what the outcome is of this request. He further advised, as stated by Administrator Riley, this is not a public hearing, we will not be taking public input. This is a waiver the Board can grant based on the merits of the request as presented by staff. Supervisor Reyes advised he has visited the property in question and the size ofthe road, 20 feet, is just unconscionable to think there would be more traffic with the creation of a subdivision. Supervisor Reyes moved to deny this request. Supervisor Tyler seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Absent Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS Chairman Shickle apologized to those citizens who came to the meeting thinking the last request, for a subdivision waiver, was a public hearing item. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:03 P.M.) , Q-_Q._J2 ~) Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: tfn-.r..fl_-r ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 07109/03